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, FRIDAY, AUGUST 3, 2007 No. 127—Book II Senate The Senate met at 9:30 a.m. and was U.S. SENATE, tive session to consider the following called to order by the Honorable PRESIDENT PRO TEMPORE, nomination, which the clerk will re- SHERROD BROWN, a Senator from the Washington, DC, August 3, 2007. port. State of Ohio. To the Senate: The legislative clerk read the nomi- Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby nation of Timothy D. DeGiusti, of PRAYER appoint the Honorable SHERROD BROWN, a Oklahoma, to be a United States Dis- The Chaplain, Dr. Barry C. Black, of- Senator from the State of Ohio, to perform trict Judge for the Western District of fered the following prayer: the duties of the Chair. Oklahoma. Let us pray. ROBERT C. BYRD, The ACTING PRESIDENT pro tem- O God of light, illumine our way. O President pro tempore. pore. The Senator from Pennsylvania. God of hope, strengthen our resolve. O Mr. BROWN thereupon assumed the Mr. SPECTER. Mr. President, I yield God of truth, edify our souls, that we chair as Acting President pro tempore. my time to the Senators from Okla- may live today for Your glory. f homa. May our lawmakers bring honor to Mr. INHOFE. Mr. President, this RECOGNITION OF THE MAJORITY You by being faithful stewards of love, morning, as I do every morning, I was LEADER grace, compassion, and patience. Use taking my aggressive walk around the them to meet the pressing needs of our The ACTING PRESIDENT pro tem- Capitol. I walked in front of the U.S. Nation and world, providing them op- pore. The majority leader is recog- Supreme Court, and I looked up at the portunities to be Your hands and heart nized. eight pillars facing west, and I said au- in these challenging times. Let them f dibly, ‘‘Help is on its way,’’ in the form never lack the courage or the will to do of a young jurist from Oklahoma UNANIMOUS CONSENT Your work. May their words, thoughts, named Tim DeGiusti. AGREEMENT and actions reflect the content of Your I pause for a moment to thank, cer- character. Mr. REID. Mr. President, I ask unan- tainly, Senator SPECTER for his help. I And, Lord, while many travel during imous consent that prior to the vote on single out Senator LEAHY, who gave me the August recess, bless and keep the judge that is scheduled, we have 1 his word a long time ago that this them, providing Your traveling mer- minute of debate by the ranking mem- would happen before the August recess. cies. ber of the Judiciary Committee, Sen- I say the same thing about the major- We particularly thank You for our ator SPECTER, 1 minute for Senator ity leader, Senator REID. I thank him outgoing page class. INHOFE, and 1 minute for Dr. COBURN, for his assistance. We pray in Your sovereign Name. the Senator from Oklahoma. I know my junior Senator would like Amen. The ACTING PRESIDENT pro tem- to say a couple of words and will talk pore. Without objection, it is so or- about the qualifications of this man. f dered. He has highest ratings in everything. PLEDGE OF ALLEGIANCE f He has strong support from Demo- crats—our Democratic Governor, and The Honorable SHERROD BROWN led RESERVATION OF LEADER TIME my predecessor here, David Boren, a the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- Democrat. I pledge allegiance to the Flag of the pore. Under the previous order, leader- On a personal note, 41 years ago, I United States of America, and to the Repub- ship time is reserved. was elected to the State house of rep- lic for which it stands, one nation under God, f resentatives with a very bright guy indivisible, with liberty and justice for all. named Ralph Thompson. He ended up f EXECUTIVE SESSION being one of the most renowned Fed- eral district judges in the history of APPOINTMENT OF ACTING Oklahoma. He and his family are PRESIDENT PRO TEMPORE NOMINATION OF TIMOTHY D. watching us right now from a reunion The PRESIDING OFFICER. The DEGIUSTI, TO BE A UNITED in Ohio. I only suggest, through the clerk will please read a communication STATES DISTRICT JUDGE FOR Chair, that Ralph Thompson and his to the Senate from the President pro THE WESTERN DISTRICT OF wife Barbara had three beautiful little tempore (Mr. BYRD). OKLAHOMA girls. His daughter Elaine married Tim The legislative clerk read the fol- The ACTING PRESIDENT pro tem- DeGiusti. So there is a connection lowing letter: pore. The Senate will proceed to execu- there. You have a great jurist in Ralph

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

S10849

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VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10850 CONGRESSIONAL RECORD — SENATE August 3, 2007 Thompson, and then you have the next DeGiusti for the Western District of that should clear the way for Senate generation, his son-in-law, Tim Oklahoma, a well-qualified nominee passage of the Openness Promotes Ef- DeGiusti, whose nomination is before with the support of both home State fectiveness in Our National Govern- us now. Senators. ment Act, the OPEN Government Act, I am so honored to have the oppor- When we confirm the nomination we S. 849, which is a mouthful. That tunity to call for this vote in a few consider today, the Senate will have means we will have a much needed up- minutes for Tim DeGiusti to be a Fed- confirmed 26 nominations for lifetime date of the Freedom of Information eral district court judge in Oklahoma. appointments this year, 4 more than Act. The ACTING PRESIDENT pro tem- were confirmed in all of 2005 with a Re- This is comprehensive legislation pore. The junior Senator from Okla- publican chairman and Republican ma- which Senator CORNYN and I intro- homa is recognized. jority and 9 more than were confirmed duced earlier this year. A lot of people Mr. COBURN. Mr. President, I am during the entire 1996 session. The Ju- have not sat by idly while there has proud to support the nomination of diciary Committee has reported out 31 been obstruction on this floor. They Timothy DeGiusti to be a Federal lifetime appointments to the Federal have pushed for it and demanded it. I judge in the Western District of Okla- courts since January of this year. think of all of the editorial writers and homa. It is a little known fact that during letter writers who said: Let’s do this. I Timothy brings impeccable creden- the Bush Presidency, more circuit will speak further if we do pass it. tials to the table and a solid respect for judges, more district judges and more Every administration, Democratic or the rule of law. total judges have been confirmed, in Republican, will tell you all the things Timothy appreciates and understands less time, while I served as Judiciary they do right. Most administrations that a Federal judge’s role is not to chairman than during the longer ten- don’t want to talk about the things write the law from the bench but to ures of either of the two Republican that don’t go right. It is usually the press and public citizens, individuals, apply the law as Congress and the chairmen working with Republican who find things out through FOIA. President set out. Senate majorities. Taking into account today’s con- Open government and transparent de- At his hearing he said it’s important cisionmaking are bedrock American firmation, the Administrative Office of for judges to not wish they were legis- values. For more than four decades, the U.S. Courts lists 49 judicial vacan- lators when deciding a statute. FOIA has translated those great values cies. The President has sent us only 25 At his hearing, Timothy also talked into practice by guaranteeing access to nominations for these 49 remaining va- about the importance of judicial integ- government information. Just re- rity and the need for judges to act fair- cancies. Twenty-four of these remain- cently, we witnessed the effectiveness ly in court so as to not erode public ing vacancies—almost half—have no of FOIA in shedding light on the chron- confidence in the rule of law which is nominee. Of the 17 vacancies deemed by ic abuse of National Security Letters, the bedrock of American law. the Administrative Office to be judicial NSLs, at the FBI. This disclosure of Timothy brings a unique perspective emergencies, the President has yet to government documents obtained under to the bench as a veteran military law- send us nominees for 8 of them, almost FOIA showed the FBI reported an in- yer. His expertise in military and intel- half. Of the 16 circuit court vacancies, tentional and willful violation of the ligence issues will be especially need in exactly half are without a nominee. If laws governing NSLs to the President’s this ongoing war on terror. the President had worked with the Intelligence Oversight Board just be- There is support of his nomination Senators from Michigan, Rhode Island, fore the 2004 election, contrary to the from prominent Democrats in the Maryland, California and New Jersey, impression created by testimony of At- State, including former U.S. Senator we could be in position to make even torney General Gonzales. David Boren, current Democratic Gov- more progress. And of the 24 vacancies Although FOIA continues to dem- ernor Brad Henry, former Democratic without any nominee, the President onstrate its great value in shedding Attorney General Mike Turpen, and has violated the timeline he set for light on bad government policies and former Democratic State Senate Ma- himself at least 13 times—13 have been abuses, this open government law is jority Leader Stratton Taylor. vacant without so much as a nominee being hampered by excessive delays Mr. President, again, this is a gen- for more than 180 days. The number of and lax FOIA compliance. Today, tleman of extreme experience, intellec- violations may in fact be much higher Americans who seek information under tual honesty, and absolute character. I since the President said he would FOIA remain less likely to obtain it am proud that he will be making deci- nominate within 180 days of receiving than during any other time in FOIA’s sions on the Federal bench in the West- notice that there would be a vacancy 40-plus year history. According to the ern District of Oklahoma. or intended retirement rather than National Security Archive, an inde- Mr. LEAHY. Mr. President, the sen- from the vacancy itself. We conserv- pendent research institute, the oldest ior Senator from Oklahoma, Mr. atively estimate that he also violated outstanding FOIA requests date back INHOFE, has talked to me about this his own rule 11 times in connection to 1989, before the collapse of the So- nominee several times. I am glad he is with the nominations he has made. viet Union. In fact, more than a year on the floor with me. He would corral That would mean that with respect to after the President’s FOIA executive me on the floor, in the corridors, in the the 49 vacancies, the President is out of order to improve agency FOIA perform- Senate elevators, and everywhere else. compliance with his own rule almost ance, FOIA backlogs are at an all-time I am glad we are going through with half of the time. high. According to a recent report by this nomination. Timothy D. DeGiusti is a partner at the Government Accountability Office, Mr. INHOFE. Mr. President, if the the law firm of Holladay, Chilton & federal agencies had 43 percent more Senator will yield. I have talked about DeGiusti, PLLC in Oklahoma City, OK. FOIA requests pending and outstanding the Senator’s cooperation. When I was He previously served 3 years in the U.S. in 2006 than in 2002. In addition, the elected 12 years ago, Henry Bellman, a Army as a military prosecutor and percentage of FOIA requestors who ob- good friend of his, said, ‘‘Become a legal adviser for the Judge Advocate tained at least some of the information good friend of PAT LEAHY. He keeps his General Corp. Before that he was in that they requested from the Govern- word.’’ private practice and taught as an ad- ment declined by 31 percent in 2006, ac- Mr. LEAHY. Mr. President, Henry junct professor of law at the University cording to a study by the Coalition of Bellman was one of the finest men I of Oklahoma College of Law. Mr. Journalists for Open Government. As have ever served with. I valued his DeGiusti graduated from the Univer- the first major reform to FOIA in more friendship too. We traveled to Vermont sity of Oklahoma and the University of than a decade, the OPEN Government and we traveled out to his home and Oklahoma College of Law. Act would help to reverse these trou- elsewhere. I congratulate the nominee and his bling trends and help to begin to re- Today as we head into the August re- family on his confirmation today. store the public’s trust in their govern- cess, the Senate considers another UPDATING THE FREEDOM OF INFORMATION LAW ment. This bill also improves trans- nomination for a lifetime appointment Mr. President, I have some good parency in the Federal Government’s to the Federal bench, Timothy D. news. We are reaching an agreement FOIA process by:

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10851 Restoring meaningful deadlines for come to an understanding with Sen- Critics of the legislation object to getting agency action under FOIA; ators KYL and BENNETT that should tough on agencies that flout the law and Imposing real consequences on Fed- lead to Senate passage before the Au- claim that some of the proposed reforms eral agencies for missing FOIA’s 20-day would force the disclosure of sensitive infor- gust recess. mation. If so, these are issues that should be statutory deadline; I ask unanimous consent that a re- thrashed out in Congress, not used as a club Clarifying that FOIA applies to gov- cent USA Today editorial entitled, to stall consideration of this long-overdue ernment records held by outside pri- ‘‘Our view on your right to know: End- legislation. The public’s right to know is too vate contractors; less delays mar requests for govern- important to remain on hold. Establishing a FOIA hotline service ment information,’’ be printed in the The ACTING PRESIDENT pro tem- for all federal agencies; and RECORD. pore. All time has expired. Creating a FOIA Ombudsman to pro- There being no objection, the mate- Mr. LEAHY. Mr. President, I ask for vide FOIA requestors and Federal agen- rial was ordered to be printed in the the yeas and nays on the nomination. cies with a meaningful alternative to RECORD, as follows: The ACTING PRESIDENT pro tem- costly litigation. [From USA Today] pore. Is there a sufficient second? Let me also be clear about what this There is a sufficient second. bill does not do. This bill does not OUR VIEW ON YOUR RIGHT TO KNOW: ENDLESS DELAYS MAR REQUESTS FOR GOVERNMENT The question is, Will the Senate ad- harm or impede in any way the Gov- vise and consent to the nomination of ernment’s ability to withhold or pro- INFORMATION Federal agencies are supposed to respond Timothy D. DeGiusti, of Oklahoma, to tect classified information. Classified, be a United States District Court national security and homeland secu- to requests for information within 20 busi- ness days. In some cases, 20 years has been Judge for the Western District of Okla- rity-related information are all ex- more like it. A sampling of pending queries: homa? pressly exempt from FOIA’s public dis- In 1987, lawyers for the Church of Scien- The yeas and nays have been ordered, closure mandate and this bill does tology asked the State Department for infor- and the clerk will call the roll. nothing to alter these important ex- mation about whether the department had Mr. DURBIN. I announce that the emptions. Senator CORNYN and I have been gathering information about the church Senator from New York (Mrs. CLIN- been proposing an amendment to our or about ‘‘cults.’’ TON), the Senator from Connecticut In 1988, steelmaker USX Corp. requested own bill that would preserve the right (Mr. DODD), the Senator from South of federal agencies to assert these and government data on the steel industry in Luxembourg. Dakota (Mr. JOHNSON), and the Senator other FOIA exemptions, even if agen- And in 1989, the Armenian Assembly of from Washington (Mrs. MURRAY) are cies miss the 20-day statutory deadline America sought documents on the Armenian necessarily absent. under FOIA. genocide that occurred more than 70 years The ACTING PRESIDENT pro tem- The OPEN Government Act is co- earlier during World War I. pore. Are there any other Senators in sponsored by a bipartisan group of 14 What these queries have in common is that the Chamber desiring to vote? Senators, including the bill’s lead Re- they are among thousands of requests that The result was announced—yeas 96, publican cosponsor, Senator CORNYN. have been sandbagged, stonewalled or lost by nays 0, as follows: This bill is also endorsed by more than government agencies. [Rollcall Vote No. 308 Ex.] Congress passed the Freedom of Informa- 115 business, public interest, and news YEAS—96 organizations from across the political tion Act in 1966 to give citizens and tax- payers access to government-held records Akaka Domenici McCaskill and ideological spectrum, including the that they’ve paid to have gathered. But 40 Alexander Dorgan McConnell American Library Association, the years later, scores of agencies still can’t—or Allard Durbin Menendez U.S. Chamber of Commerce, Barrasso Ensign Mikulski won’t—get it right. Baucus Enzi Murkowski OpenTheGovernment.org, Public Cit- Compliance with the 20-day deadline is ‘‘an Bayh Feingold Nelson (FL) izen, the Republican Liberty Caucus, exception rather than a standard practice,’’ Bennett Feinstein Nelson (NE) the Sunshine in Government Initiative according to a report this month from the Biden Graham Obama Knight Foundation and the National Secu- Bingaman Grassley Pryor and the Vermont Press Association. I Bond Gregg Reed thank all of the cosponsors of this bill rity Archive watchdog group. Twelve agencies, ranging from the Defense Boxer Hagel Reid for their commitment to open govern- Brown Harkin Roberts Department to the Environmental Protec- ment. I also thank the many organiza- Brownback Hatch Rockefeller tion Agency, have backlogs of 10 years or Bunning Hutchison Salazar tions that have endorsed the OPEN more. Only one-fifth of federal agencies are Burr Inhofe Sanders Government Act for their support of in compliance with a 10-year-old law that Byrd Inouye Schumer this legislation. was supposed to put so much government in- Cantwell Isakson Sessions I especially want to thank the con- formation on the Internet that most FOIA Cardin Kennedy Shelby requests would no longer be needed. Carper Kerry Smith cerned citizens who have not sat idly Casey Klobuchar Snowe by while some have sought to delay Long-overdue reforms that sailed through Chambliss Kohl Specter and obstruct Senate consideration of the House in March with a wide bipartisan Coburn Kyl Stabenow this measure. Instead, knowing the im- majority have been stalled in the Senate— Cochran Landrieu Stevens largely because of opposition from Sen. Jon Coleman Lautenberg Sununu portance of this measure to the Amer- Kyl, R-Ariz.—despite a unanimously favor- Collins Leahy Tester ican people’s right to know, they have able vote by the Judiciary Committee. Conrad Levin Thune demanded action and refuse to take no The ugly reality is that the freedom-of-in- Corker Lieberman Vitter Cornyn Lincoln Voinovich for an answer. That is what led to this formation law has been sabotaged for years Craig Lott Warner breakthrough and to the commitment by politicians and bureaucrats trying to Crapo Lugar Webb of Senate opponents of our FOIA bill to make it hard, if not impossible, for citizens DeMint Martinez Whitehouse come around. to obtain information to which they’re enti- Dole McCain Wyden The OPEN Government Act is a good- tled. NOT VOTING—4 government bill that Democrats and The pending reforms would restore mean- ingful deadlines for agency action and im- Clinton Johnson Republicans, alike, can and should Dodd Murray pose serious consequences on agencies that work together to enact. For more than miss those deadlines. The bill also would es- The nomination was confirmed. 2 years, I have worked on a bipartisan tablish a freedom-of-information hotline to The ACTING PRESIDENT pro tem- basis to pass this legislation and I re- enable citizens to track the status of their pore. Under the previous order, the mo- main committed to work with any Sen- requests. And it seeks to repeal a perverse tion to reconsider is laid upon the ator, from either party, who is serious incentive that encourages agencies to delay table, and the President shall be imme- about restoring transparency, trust compliance with information requests until diately notified of the Senate’s action. just before a court decision that is going to and accountability to our government. f Open government should not be a be favorable to the requester. Of the more than 500,000 freedom-of-infor- LEGISLATIVE SESSION Democratic issue or a Republican mation requests filed every year, over 90% issue. It is an American issue and an are from private citizens, businesses or state The ACTING PRESIDENT pro tem- American value. and local agencies seeking information pore. Under the previous order, the I am glad to announce to today that that’s important to them and that in most Senate will now return to legislative with Senator CORNYN’s help we have cases they are entitled to. session.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10852 CONGRESSIONAL RECORD — SENATE August 3, 2007 MORNING BUSINESS legislation will double the Federal as addictive as meth and heroin. Be- Mr. REID. Mr. President, I ask unan- criminal penalties for drug dealers who cause they are prescribed by a doctor, imous consent that the Senate now flavor or disguise illegal drugs to make and millions of people use them, kids proceed to a period of morning busi- them more appealing to people under think anti-anxiety drugs such as Xanax ness, with Senators allowed to speak age 21, and it will triple the penalties and pain killers such as Vicodin and therein for a period of up to 10 minutes for repeat offenders. I hope my col- OxyContin are harmless. Several exam- each. leagues will take a look at this piece of ples of abuse occur every day when The PRESIDING OFFICER (Mr. legislation and join Senator FEINSTEIN kids come home from school and take a WHITEHOUSE). Without objection, it is and me in passing this legislation soon, pill to relax. But eventually one pill is so ordered. because we have to end the practice of not enough to make them feel better. purposefully altering illegal drugs to Soon these kids take more pills and try f make them more appealing to young different mixtures until they can ob- DRUG ABUSE people in order to get more people tain a sufficient high, and that is often hooked at a very early age. with deadly results. Mr. GRASSLEY. Mr. President, I ex- The ongoing revelations of wide- What is so troubling about this is a press my deep concern about the devel- spread steroid abuse in professional significant number of teens are experi- oping trends in drug abuse among our sports, along with the recent suicide of menting with prescription drugs. Ac- kids. As cochairman of the Senate Cau- World Wrestling Entertainment super- cording to a 2005 study conducted by cus on International Narcotics Control, star Chris Benoit, highlight a dis- the Partnership for a Drug-Free Amer- I am often confronted with reports turbing trend in sports and the enter- ica, one in five teens has admitted about the latest drug trends, but re- tainment world, and it has a lasting using pain killers to get high, and the cently I have become more alarmed impact upon our kids. It is alleged that organization reports it is even getting with what these reports contain. Drug Benoit killed his wife and 7-year-old worse. The 2006 Monitoring the Future dealers are beginning to market their son in what is commonly called a ‘‘roid Survey shows that the abuse of pre- deadly substances to an increasingly rage,’’ which is caused by a chemical scription drugs has doubled since 2002. younger crowd so they can become imbalance in the brain brought on by Access to these drugs is widespread. hooked at a younger age. steroid abuse. If this is proven true, it Not only can teens obtain these drugs Young people are the most at-risk will be yet another tragic tale of the from home or in school, they can also populations we have in drug abuse, destructive nature of steroids. get them on line and through ‘‘pharm which is why it is disturbing to see What is even more tragic is the fact parties.’’ highly addictive drugs such as meth, that steroid abuse among high Law enforcement officials have in- heroin, even prescription pain killers, schoolers has been rising. The 2006 creasingly broken up pharm parties antidepressants, and steroids marketed Monitoring the Future Survey, a study where teens grab prescription drugs and distributed in new ways—with an done annually to monitor drug abuse from home and pass them around to emphasis upon new ways—to get a among middle and senior high school friends. These drugs are often pooled in greater number of very young people, students, shows that the percentage of large bowls and young people take a particularly elementary children, ad- 12th graders who have admitted trying pill or two, but they have no idea what dicted. I want Congress and the Amer- steroids has increased dramatically. pill they are taking. There are hun- ican people to know what is going on Kids look up to these athletes and per- dreds of Internet video clips where with our kids and what we need to do formers as role models. We know that. teens appear strung out on pills and al- to stop these very dangerous trends. When they see their heroes using these cohol as a result of pharm parties. We We have things such as candy-fla- terrible substances, they get the im- need to do a better job as parents and vored methamphetamine. It is one of pression that it is okay to use steroids. legislators to educate and prevent the biggest and latest gimmicks that Steroids are also marketed to kids. these fast-growing trends from reach- drug dealers use to lure our kids into Students who participate in sports are ing epidemic proportions. We have to addiction. Flavors such as strawberry, facing enormous pressure to perform at educate the public about the proper known as ‘‘Strawberry Quick,’’ and high levels, and we are seeing more and ways to dispose of old medicines, and chocolate are clearly being used to more teens turn to steroids to gain an we need to help law enforcement deal make methamphetamine seem less athletic advantage. You can find Web with the large amount of illegal pur- harmful and more appealing. This type sites encouraging teens to buy sub- chases at online pharmacies. of meth is also being marketed in stances called DHEA, which has been Another sad trend is taking hold in smaller amounts, making it cheaper— declared a steroid by the U.S. Anti- Dallas, TX, where earlier this summer because money is an issue—and, hence, Doping Agency, as a new way to bulk a 17-year-old high school student be- more accessible to children. At least up. The major sports leagues, with the came the 23rd victim of a drug called eight States have reported cases of exception of Major League Baseball, ‘‘cheese.’’ ‘‘Cheese heroin’’ is a mixture candy-flavored meth, and many law en- have banned DHEA, even though it re- of black tar heroin and Tylenol PM forcement officials are expecting mains legal in this country. Though that is usually smoked or snorted and Strawberry Quick to infiltrate their DHEA is used as a legitimate supple- often very deadly. Because it resembles States in the near future. ment for thousands of people, teens are actual cheese and can be purchased for What is even more disturbing is that using it as an alternative to illegal as little as $2 a hit, more kids in the many kids may not realize they are steroids. Dallas area have been trying the new using a deadly substance. In fact, that I introduced a bill earlier this year drug with terrible results. Though is the motivation behind the drug deal- that would reinstate the ban that was cheese heroin has only been seen in the ers and distributors. According to my imposed on DHEA in the 1980s, but I Dallas area, don’t think for a second it colleague Senator FEINSTEIN, some think we can find a way to keep minors is going to stay in the Dallas area. kids reported that they thought Straw- from obtaining this substance while al- Cheese heroin is cheap and being mar- berry Quick was an energy drink and lowing adults to use the drug legiti- keted solely to children. were misled by drug dealers into trying mately. GNC, the world’s leading die- Law enforcement officials will be the meth for the first time. tary supplement provider, has a policy first to tell you that the new drugs Methamphetamine abuse has reached not to sell DHEA to anyone under 18, tend to emerge in the larger cities and epidemic proportions, and the fact that and for good reason. We need to pass then move out to the suburbs. We drug dealers are trying to get children that legislation as soon as we can. should all be concerned about the drug addicted at such a young age under- We should also take note of one of trend in Dallas, because the sooner we scores the importance of taking quick the fastest emerging drug trends can stem it, the better we can prevent action to eliminate this danger. That is among kids today—the abuse of pre- it from spreading across the country. why I joined my colleague Senator scription drugs. Most people don’t even The good news is that the people in FEINSTEIN in introducing the Saving realize that their medicine cabinets the Dallas community are not taking Kids From Dangerous Drugs Act. This can contain drugs just as powerful, just this new drug lightly. We have school

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10853 officials and police who have been hold- ship on drug abuse issues that he has of Congress, TIM RYAN, also from Ohio ing assemblies, lectures, PTA meet- shown for so long in this institution. and in the Senate, Senators DURBIN ings, and classroom discussions to get We are all appreciative, in Ohio and and OBAMA from Illinois, are offering the word out about cheese heroin. Iowa and Oklahoma and everywhere legislation to set up what we call Pa- A public service announcement, made else in this country. triot Corporations. Those are compa- in Dallas by local students, is cur- We have heard a litany of stories in nies that play by the rules, they hire rently airing throughout the area, and the last year or so about the steady American workers, do most of their a hotline number has been taking a stream of dangerous imports, espe- production in the United States, they large number of calls for those seeking cially from China. We have seen con- pay their taxes. As I said, they do most assistance to keep their loved ones taminated seafood, we have seen defec- of their production in the United from succumbing to this cheese heroin. tive tires from China, we have seen States. They provide pensions and they Hopefully, their efforts will stop cheese dangerous ingredients in toothpaste provide health care for their workers. in its tracks and maybe protect the and vitamins and pet food. In the last Those companies that do that should rest of us around the country. 24 hours, we have seen a continued be rewarded. We will designate them The Greater Dallas Council on Alco- problem with a huge number of toys ‘‘Patriot Corporations.’’ They will get hol and Drug Abuse established a task being recalled that were painted with a lower tax rate and they also will have force that is responsible for this effort. lead-based paint. Lead paint has been a better opportunity to get Govern- The key to this task force’s success is abandoned for almost three decades in ment contracts. that it incorporates all sectors of the this country. We know that lead in Instead of going the way we have Dallas community. Engaging and in- paint is a potentially terrible thing for gone; that is, giving all kinds of incen- volving all sectors of our local commu- children in terms of the development of tives for American corporations to nities is one of the best solutions to their brain, especially for young chil- outsource jobs, giving all kinds of in- keeping our children from abusing dren. centives for those companies to move drugs. That is why I formed, about 10 In USA Today this week is an article overseas and avoid taxes—instead of al- years ago, an organization called the that sums up what we have allowed to lowing that, we, instead, should offer Face It Together Coalition—we call it happen, and why this is no surprise, as to American companies that play by FIT for short—in my effort to combat we have built this trade relationship the rules, those companies, again, that drug abuse in my own State of Iowa. with China. I would like to read a cou- provide decent health care, pensions My goal with Face It Together is to ple of paragraphs. We went from barely for their workers, do their manufac- bring to the same table parents, edu- a $10 billion trade deficit with China in turing and work in the United States— cators, businesses, religious leaders, 1992, the year I ran for the House of we should reward them with the des- law enforcement officials, health care Representatives, which has grown by a ignation of ‘‘Patriot Corporation.’’ providers, youth groups, and members factor of almost 25, to $250 billion Those companies that are loyal to of the media to promote new ways of today. At the same time we were buy- their workers, loyal to their commu- thinking about how to reach and edu- ing so much from China, we understood nities and loyal to their Nation should cate Iowans about the dangers of drug China is a country with no real rules, be rewarded. We should be loyal to abuse. With everyone working to- no environmental laws that are en- them. gether, we will make a difference in forced well, few food safety, toy safety, That is the choice we face, con- our communities. Moreover, together worker safety rules and regulations. As tinuing this outsourcing tax and trade we can build healthy children, healthy a result, it should come as no shock to policy that costs us jobs, and we end up families, healthy communities, and a Americans that so many of these prod- bringing in all kinds of unsafe prod- healthy future. ucts imported from China are defective ucts—whether they are food products In closing, I believe we have a moral or dangerous. Let me read this: at our breakfast table, whether they obligation to ensure that our young Nearly all the recent alarms raised about are toys that can potentially hurt our people have a chance to grow up with- Chinese products point fingers solely at the children. We have that choice; we ei- Chinese, neglecting entirely how China’s suc- out being accosted by drug dealers at cess as an exporter is, in large part, the prod- ther continue this policy or we des- every turn, and particularly when they uct of roughly a trillion dollars of foreign in- ignate corporations that play by the are in elementary school. We need as a vestment and limitless expertise that floods rules as Patriot Corporations. country to create a strong moral con- into the country in order to escape some As I said, if they are loyal to their text to help our kids know how to standard or other at home. workers and loyal to their commu- make the right choices. Research has First, of course, are labor standards. Chi- nities and loyal to our Nation, we as a nese factory workers earn roughly 65 cents government should be loyal to them shown time and again that if you can 1 an hour, about ⁄40 what their American, and treat them accordingly. keep a child drug free until the age of Western European and Japanese counter- 20, chances are very slim that they will parts do. Export companies—and the long I yield the floor. ever try or become addicted. That is chain of companies that supply them—com- The PRESIDING OFFICER. The Sen- the task we face. We owe it to our- monly save money by subjecting [Chinese] ator from Oklahoma. selves and the future of our country to workers to cramped dorms, long work weeks f protect our kids from drugs. and often brutal shop bosses, which would be JUDGE TIMOTHY D. DEGIUSTI Mr. President, I yield the floor utterly illegal in the United States work- The PRESIDING OFFICER. The Sen- places. Mr. INHOFE. Mr. President, this ator from Oklahoma. American business knows what it is morning we did a great thing in the Mr. INHOFE. Mr. President, con- doing, as it has offshored its jobs to confirmation of Tim DeGiusti to the sistent with our policy of going back China and offshored so many American Federal court. Understandably, we are and forth across the aisle, I ask unani- jobs to China, so much of its work to short of time this morning because of mous consent following the remarks of China. Unfortunately, so much of what what is happening at the White House, the Senator from Ohio, that I be recog- has happened is due to trade law and but let me finalize a couple of ideas nized for up to 10 minutes and that I be tax law. In essence, we are encouraging and some comments I was going to followed by the junior Senator from our businesses to outsource because of make. Montana. the incentives we provided them in the First, when you have someone who The PRESIDING OFFICER. Is there rules that have been written by the has the highest rating, whether it is objection? Without objection, it is so global economy, by U.S. trade law, by from Martin Dale Hubbell or the Amer- ordered. tax law. We can continue that or we ican Bar Association, which this can- The Senator from Ohio is recognized. have a choice. We can do something didate did and does, and he also as a f very different. What we offer this week military lawyer is familiar with is very different. courts-martial procedures—there are a PATRIOT CORPORATIONS Congresswoman SCHAKOWSKY in the lot of people out there with these Mr. BROWN. Mr. President, I thank House, with Congresswoman SUTTON qualifications. This individual goes far the Senator from Iowa for his leader- from Ohio and several other Members beyond that. It is interesting that

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10854 CONGRESSIONAL RECORD — SENATE August 3, 2007 while he is a Republican, our Demo- spective. I am ranked by the American I say the same thing is true in my cratic Governor in Oklahoma, Gov. Conservative Union, No. 1 out of 100 other committee that I used to chair. Brad Henry, is a very strong supporter most conservative Member. Yet I am It was the Environment and Public of this now-confirmed nominee. Also, saying to you there are two things we Works Committee. As it applies to this my predecessor, David Boren, who is ought to be spending money on in this particular bill, the WRDA bill—we now President of the University of country. One is national defense and have a set of criteria and evaluated Oklahoma, was a very strong supporter the other is infrastructure. equally all these projects. There will be of this individual. I quoted him a few We have a crisis in our infrastruc- many projects that have been author- times during this process, as to how ture. The big bill on transportation in- ized that I will come on the floor and outstanding this candidate is. frastructure we passed a year ago is oppose vigorously when appropriations I would like to share an experience I going to do nothing more than main- time comes. But at least we will know had 41 years ago. A man named Ralph tain what we have now, and it is antici- they have gone through a process and Thompson, who is currently a senior pated in 20 years we will increase our they meet certain criteria. That is status Federal judge in Oklahoma in traffic by 50 percent. What are we what is important. If you take that the same Western District in which his going to do? away, that is the first line of defense, son-in-law has been confirmed this The same thing is true with the doing away with superfluous types of morning, and I, and another person Water Resources Development Act. We earmarking. have not had a reauthorization in 7 named David Boren, 41 years ago, were This is the only part of that system years. It should happen every other elected to the Oklahoma House of Rep- that offers discipline in the whole ap- year. resentatives. I remember it so well be- propriations process. That is what this cause in February of 1967, 40 years ago When you say I don’t care if this thing is $10 billion or $20 billion, the is all about. That is why the WRDA bill this year, we all three came to Wash- is so significant. Yet people who are ington, DC, for the first time. That is, amount is not significant because it is not spending money, it is authorizing. liberal, conservatives, Democrats, Re- State legislators Ralph Thompson, If we authorize something—hopefully, publicans who come together and real- Dave Boren, and of course myself. we will pass this bill today. If we au- ize we have an infrastructure in this David Boren’s father was a Congress- thorize something, it may never be ap- country that has been sadly neglected, man so he had a pretty good entree propriated or it may be appropriated 10 and we are going to have to do some- into the Capitol. I remember so well years down the road. So it does not thing about it, our opportunity will be the three of us were walking around have any remote effect on the budget today and I hope we can do the respon- the Capitol at night—my first time today. sible thing and pass it. ever being in the Capitol area of Wash- I think it is dishonest for people to Then, during the August recess, you ington. I remember, after walking say this is somehow a spending bill and are going to hear this person, who is through Statuary Hall and all these therefore we should vote against it. rated the most conservative Member of great features we have in our Capitol, That is not true at all. I have the his- this body, out talking all over the Na- that we kind of professed to each other, tory of this body right here in my tion why this is the conservative ap- we decided one day—Ralph Thompson hand, and I have given several presen- proach to logically authorize these and David Boren and I—we said we tations on this recently. I say to my projects and then determine which would like to be Members of the Con- friend from Montana, who is new in ones are worthwhile. gress, either in the House or in the this Chamber, this discussion has been At least we know these have met a Senate. But Ralph Thompson said: Or a going on between appropriators and au- certain criteria. judge in the U.S. district court. thorizers since 1816. Mrs. BOXER. Would the Senator As it turned out, David Boren was a In 1867, they realized they needed to yield? Member of the Senate; I am a Member segregate the functions of authoriza- Mr. INHOFE. I will yield to the Sen- of the Senate; and Ralph Thompson be- tion and appropriations so they estab- ator. came—I believe he will go down in his- lished the appropriators, the Appro- Mrs. BOXER. I am so pleased that my tory as maybe being the outstanding priations Committee. That was a good ranking member, Senator INHOFE, the Federal district judge in the history of thing. But what happened on that, distinguished ranking member—and Oklahoma. I have heard so many peo- which has been the case for a long was the distinguished chair of the EPW ple talk about that. time, the appropriators slowly took Committee—has taken to the floor to I knew Ralph so well at that time— over a little bit at a time so they ended keep in mind, this is 40 years ago—and state the case. up authorizing their own appropria- You know, we fight so much, debate his beautiful wife Barbara, whom I tions. That is what we don’t want. so much about so many issues, but this might add has been Mother of the Year Let me give an example. In the Sen- is one, I would say to my friend, where and received every possible honor you ate Armed Services Committee, on could have. Lisa, Maria and Elaine— which I am honored to sit, we go we have come together because we rec- they cranked out three little girls, and through all types of items, such as mis- ognize that to have a great country, Elaine was the girl who later married sile defense, as an example. We will you have to have infrastructure that is Timothy DeGiusti. Get the connection? have the boost phase and the mid- capable, that is going to meet the You have a great judge and then you course phase and the terminal phase needs of our people. have a son-in-law who is going into the and we will have maybe two systems I would say to my friend, is it not same Western District of Oklahoma to on each one. They are not redundant, true that even though you and I might replace him. It is an unusual situation. but there are many people who say: not agree with every single project—as But this is one of these wonderful Wait a minute. Maybe we should do my friend pointed out, this is the au- things that can happen in this country away with that system because we can thorizing bill, and we did have criteria of ours. I am so happy this is behind us save this much money. here. We did work with Members. I now and it happened prior to the Au- But take the midcourse. We had the would say to my friend, isn’t it true gust recess. Aegis System and then we had the that we were the first committee that actually followed the ethics rules that f THAAD system in the terminal phase. These are not redundant because they were not even law? We filled out our AMERICA’S INFRASTRUCTURE take care of an incoming missile from conflict of interest forms, we presented Mr. INHOFE. Mr. President, let me different areas with different tech- the bill, and this bill was 7 years in the mention something else I think is crit- nologies. You would not know that if making. ical. I have heard ugly rumors that the you are just an appropriator because I just want to say to my friend, when President of the United States might you don’t have the staff to go in and he goes home and when he speaks end up vetoing what we call the WRDA study and get into the details. But we about this, does he expect to have a bill, the Water Resources Development authorize, in the Senate Armed Serv- good, receptive audience? I think my Act. Let me say I don’t understand. I ices Committee, because we do have friend will. As I go to California, I am am coming from a conservative per- that expertise. going to do the same thing.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10855 Many people will call us the odd cou- few weeks, tens of thousands of acres of fire bosses have been mostly allowing ple because we do not agree on every- the Treasure State have burned. In it to burn for the benefit of the forest. thing. But on this one, is it not true fact, the top four fires in the West are So far, it has been a lot more manage- that we see eye to eye? burning in Montana. Hundreds of folks able because it is moving in and around Mr. INHOFE. It is. Reclaiming my have been evacuated from their homes. lands that burned in 1988 and in 2000. It time, I think you are being very gen- Interestingly enough, today, August is still hot and dry out there and the erous when you say we don’t always 3rd, is traditionally only the third day fire made a big run yesterday, but all agree on every issue. In fact, there are of the wildfire season. Times are told, the fire has been easier to manage no two people who probably disagree changing. than Ahorn. To date, the Fool Creek more. That tells you something. That This past weekend I had the oppor- fire has cost $1.3 million. That is four tells you we have to do this. This is tunity to visit the front lines of two times less than the cost of fighting the something this country cannot do Montana wildfires, which tell two dif- Ahorn fire, with similar outcomes. without. ferent fire policy stories. One thing It is not very popular to tell the Let me give you an example. I spent they have clearly got in common: fine, American people that the Forest Serv- several years as the mayor of a major hardworking men and women toughing ice is letting the woods burn. But what city, Tulsa, OK. The greatest problem it out in grueling conditions to protect we have learned in the last 20 years is: we had was not crime in the streets, it each other and the public from harm’s sometimes, it is the right thing to do. was not prostitution, it was unfunded way. In my State, we are also relying We have another problem in my mandates. Now, what we do in this is on the hardworking folks in the Mon- home State, and that’s the holdover go back to some of these small commu- tana National Guard. As of today, from longstanding fights on how to nities and say: We have mandated that about 130 guardsmen and women have manage our forests. We will never get in your drinking water system, your been called to help fight Montana’s back to the timber harvest levels of the wastewater system, you do these fires. Some of these folks cancelled 1970s, nor should we. But the pendulum things. And we should be responsible summer plans to answer the call to has swung too far, and now we are too for helping you to comply with these help. They are working alongside other often fighting in the courts about cut- mandates. It is very important. firefighters to do dangerous, hot, dirty ting down trees. Quite frankly, we There is a group called Citizens work to protect Montana’s people and don’t have enough people working out Against Government Waste. I have property. in the woods. That is a problem eco- right here—and I am going to submit To all wildland firefighters across nomically and ecologically. Throw in this as part of the RECORD. For 16 years this country, I say thank you. We owe climate change, thousands of acres of prior to right now, they have identified them all respect and gratitude. We also dead, dry beetle-infested trees, and lots 76,000 projects they thought were—that owe them policies that will best benefit of new houses popping up on the edges fall into this category of being ear- the landscape they are working so hard of our national forests, and we have a marks. to protect. perfect storm brewing. Do you know the interesting thing The two fires I visited both started I don’t think it is a coincidence that, about this, I ask my friend from Cali- the same week, in late June. That is with all the fuel buildup in our forests fornia, Senator BOXER. It is interesting really early for Montana. Both are and the hottest summer on record, that all of these projects, with very few burning in the Bob Marshall Wilder- we’re in the middle of a whopper of a exceptions, were not authorized. ness, a spectacular place where the fire season. Climatologists tell me that Now, if you look at what the Con- Rocky Mountains spill onto the plains. this is becoming the new norm. This is gressional Research Service comes up The Ahorn fire was 15,000 acres when I what we can continue to expect. Which with, around 115,000, those include the visited. It is now over 40,000 acres, means we have to get even smarter ones that were authorized. So that burning 30 miles west of the ranching about when to fight wildfire, and tells you where the problem is. The and farming community of Augusta. where, and how best to stretch every problem is not in projects that were The Forest Service is concerned be- dollar spent on battling them. And we authorized, it is in projects that are cause the Ahorn fire is big and un- have to get serious about supporting not authorized. That is why we are wieldy. It is burning near a ‘‘fire exclu- the Forest Service as it reduces fuels in doing the responsible thing today. I am sion’’ area, an area that the Forest the forests. hoping there is no one on either side Service has not allowed fire to burn With the Forest Service spending 45 who will hold up this bill because we over the years in order to protect sea- percent of its budget on fire suppres- have to keep moving with it before the sonal cabins on private land east near sion, it barely has the time or the re- recess. the forest boundary. As a result of the sources to restore our forests to health. The PRESIDING OFFICER. The Sen- fuels that built up over the years due With firefighting costs predicted to go ator from Montana. to suppressing fire, the Ahorn fire is even higher, creating a trust fund for Mr. TESTER. Before I get into my going to do pretty much what the fire fire management makes a great deal of remarks, I thank the Senator from wants to do. The Forest Service threw sense to me. It is something we have to Oklahoma and the Senator from Cali- $1 million at it when it first took off, do in order to ensure that funds will be fornia for the leadership they have and that ‘‘didn’t make a dent,’’ accord- available to do the work of restoring shown on the WRDA bill. ing to the fire officials. The agency health to our forests. Because when we I couldn’t agree more; infrastructure says it will not be successful in con- restore our forests, we will make them is critically important to this country. trolling the perimeter of the fire, more resilient to fire. This is some- Infrastructure that revolves around though it probably will be successful at thing we have to do, and we have to do our water resources may be the most protecting those cabins. it fast, especially around our Western important infrastructure we have. And This has nothing to do with the agen- towns and communities. to invest in that is truly a good invest- cy’s abilities. It has everything to do This issue won’t go away when fire ment that benefits our kids and with fires that burn hotter and harder season comes to an end. The conversa- grandkids and generations thereafter. now because of a hotter climate and tion will continue with my colleagues So thank you both for your work on denser forests. To date, the Ahorn fire here in Washington and with all folks this bill and, hopefully, it can be has cost nearly $5 million. in. Montana. We’ll be talking about passed with a good, healthy vote com- Last Saturday, I also got a chance to fire and forest health and the opportu- ing out of this body. see the Fool Creek fire. That fire was nities they provide us. They are con- f 6,200 acres when I saw it. Today it is nected, and they are connected to Mon- about 22,000 acres. The Fool Creek fire tana’s well-being and economy. WILDFIRE SUPPRESSION is burning west of Choteau, another The PRESIDING OFFICER. The Sen- Mr. TESTER. Mr. President, I rise to ranching and farming community. The ator from Arizona is recognized. share some news from my home State. Forest Service has been managing the Mr. KYL. Mr. President, while the I am anxiously following the wildfires Fool Creek fire as a ‘‘Wildland Fire Use Senator from Montana is still on the burning across Montana. Over the last For Resource Benefit,’’ which means Senate floor, let me, first of all, thank

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10856 CONGRESSIONAL RECORD — SENATE August 3, 2007 him for his comments, to which I sub- today’s technology. It does not permit and we will not permit this situation scribe. We have a problem throughout the kind of intelligence collection that to erode to the point where we have to the Western United States with forest we can and should be doing. accept something that is not adequate fires, not easily understood by those Without, again, getting into details or we have delay in getting the job who don’t experience the kind of hot, as to how much collection is being lost, done before we leave. dry conditions we do in the summer it is fair to say that a significant Mr. MCCONNELL. Mr. President, will with our forests. amount, a significant percentage of in- the Senator from Arizona yield for a People don’t think there are forests telligence that we could be collecting, question? in my State of Arizona. There are. In we are not collecting, simply because Mr. KYL. Mr. President, I am happy fact, about 5 years ago, we had a fire of what is, in effect, an old-fashioned to yield. which burned an area—and this is big law, a law that can be changed, should Mr. MCCONNELL. Isn’t it the view of Ponderosa Pine country—burned an be changed. the Senator from Arizona—given the area almost the size of the State of The kind of collection we are talking wide respect across this body and in Rhode Island. about is precisely the kind of informa- the House as well that Admiral McCon- Now, in Arizona and Montana, you tion we need that can give us warning nell enjoys—that we should accept his can do that. But just think about that of an impending attack. I think it is judgment as to what is needed to solve if it were in your State. One of the also fair to say, without getting into this problem? Is he not, in the view of problems is, we have found that the detail, that at this time we are seeing the Senator from Arizona, the expert Healthy Forest Act that we passed increasing evidence of efforts on the on this subject? And is it not clear to about 3 years ago, which was designed part of our enemies—I am speaking everyone that his primary motivation to limit litigation, has not done as specifically of groups such as al- is not to get into a political fight but good a job as we had hoped. Qaida—to find a way to attack the to protect the homeland from another I think we need to revisit that in ad- American homeland. attack? dition to providing more funding. I will Given this increased effort on their Mr. KYL. Mr. President, as usual, the conclude this point by saying that one part—and I would also suggest capa- minority leader has made an extraor- of the best summers of my life was bility on their part—given that we dinarily important point. spent in the State of Montana in Gla- know what they intend to do, and given Admiral McConnell enjoys the con- cier National Park helping to put out that we know there is a great deal of fidence, I am sure, of every one of the forest fires in that beautiful place. intelligence out there we are not col- Members of this body. When he briefed I hope all of us can join together in lecting simply because of an outmoded all of us about the problem, I did not an appropriate way to advance the law, it is incumbent upon us to act and see a dissenting voice in the classified cause about which the Senator from to act now. briefing about the fact that we had to Montana was speaking. We cannot leave to go back to our quickly do something to solve this Mr. TESTER. I thank the Senator home States for a month without re- problem. from Arizona. I think communication solving this issue because of the nature I think everyone recognizes that he and trust is critical if we are going to of the threat and the fact that an en- not only has the expertise but the mo- address the issues in our forests today. tire month will have elapsed not being tivation—only one motivation—to pro- I think if we can develop good commu- able to collect information that we tect the American people. I do not nication with all parties involved, we deem vital to be able to give us the think there is a political bone in his will help move our forests to a kind of warning that we need. body. As a result, for anybody here in healthier level. Now, there have been negotiations the Congress to play politics with the I thank the Senator for his com- going on, not only in the Intelligence issue, to not accept the judgment of a ments. Committee but with leadership and, man who is so widely respected and so f primarily Admiral McConnell, who is properly motivated in this regard, the Director of National Intelligence, would not only be a dereliction of duty FISA who has brought this matter to our at- but would, frankly, set up a potential Mr. KYL. Mr. President, I want to tention. But those negotiations have threat to the United States from which speak briefly to the issue, which, not resulted in an agreement we can we might not recover. frankly, is keeping us in session right pass in the House and the Senate be- What I might do is just close my re- now, and explain a little bit about fore we leave. Time is running out. We marks and turn the floor over to the what is happening. Everyone in this will wait as long as it takes to resolve minority leader. I also know the Sen- body understands and agrees that we this problem. Anything less would be a ator from New Mexico wants to make have an emergency on our hands that dereliction of our duty. some comments. But perhaps he would deals with our intelligence collection, I will just conclude by saying this: allow the leader to make some com- and we need to address that emergency Prior to 9/11, Senator FEINSTEIN and I, ments. legislatively. as the chairman and ranking member I just want to make this point. Win- But there is a disagreement on ex- of the Terrorism Subcommittee of the ston Churchill said after World War II actly how to do that. We must resolve Judiciary Committee, predicted there that no war could have been more eas- that disagreement before we leave would be a massive kind of attack on ily prevented. We all understand what here. We will be taking a month back the United States by terrorists if we he was talking about. The threat was in our home States visiting with con- did not make substantial changes in there. The people who were going to stituents. When we come back we will the law, on which we had held hear- cause the problem—Adolf Hitler, Nazi be right on the anniversary of 9/11. ings. We had put legislation in the hop- Germany—were clear in their inten- There are ways that we can prevent an- per, and I urged our colleagues to take tions, but people did not act on the other 9/11 by good intelligence collec- action on the legislation. They did not knowledge they had. tion as to warnings that might tell us do so. Mr. President, I submit the same what we need to do to prevent such an Two days after 9/11, we stood on the thing is true here. If there is, God for- attack, but we cannot do that the way floor of the Senate and finally got bid, an attack on our homeland, I can- the law is currently written. agreement on some of these elements not imagine something that could have Obviously, this debate cannot get of legislation, some of which became been more easily prevented by the kind into a great deal of detail. But, suffice part of the PATRIOT Act, some of of change we can make in this body it to say, when the law relating to in- which were part of the Tools to Fight today to ensure that the law that gov- telligence collection was written, it Terrorism Act. erns this intelligence collection keeps was written with a different kind of Let’s do not let that happen again. up with the technology. technology in mind. Technology has The warnings are there. We have to be It is up to us to take the good judg- evolved over the years. In fact, it has prepared to deal with them. We cannot ment of people such as Admiral McCon- evolved quite rapidly, and it is a simple leave without changing the law to fit nell, as the minority leader has said, fact that today’s law does not match the technology that currently exists, and move on with this and not allow a

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10857 situation to develop where we would months ago—this has been languishing commitment by the Congress and by leave for the month of August not hav- for months—the only legislation before the executive branch to ensure our Na- ing solved this important problem. us is S. 1927, the McConnell-Bond bill, a tion continues to lead the world in in- The PRESIDING OFFICER. The Re- bill specifically requested by the Direc- novation and economic competitive- publican leader is recognized. tor of National Intelligence. ness. Mr. MCCONNELL. Mr. President, the We know this bill provides our intel- I will put in the record a full state- solution to this problem is at the desk. ligence community with the necessary ment of the history that has led us to The senior Senator from Missouri, the tools to protect our homeland. We this point of hard work that has gone vice chair of the Intelligence Com- know if we pass this measure, the on by many in the Senate, in the House mittee, and I placed a bill on the cal- President will sign it into law. We of Representatives, as well as in the endar earlier this week that Admiral know we have a duty to pass it today private sector. McConnell has certified would give him to protect the American people. So Yesterday, the House voted 357 to 57 and our intelligence community the why wait? Why wait? This job must be to pass the conference report and in ability to protect the homeland. done, and done now. doing so affirmed that on large issues As Senator BOND and I pointed out The recent National Intelligence Es- such as these we can work in a bipar- earlier this week, this measure which timate on terrorism contained a find- tisan way for the benefit of our Nation. is at the desk, which could be taken up ing that cooperation on the part of our Then, later last night, the Senate and passed by the Senate at any time, allies may wane as 9/11 becomes a more passed the conference report by unani- would give the intelligence community distant memory and perceptions of the mous consent. what it needs before we go off for a threat tend to recede. Has that mem- This bill has been more than 2 years month, leaving America without this ory faded so greatly in our own minds in the making. One primary impetus additional protection. This would be a that we would leave for an August re- was in May of 2005, when Senator solution to the problem. cess without taking the reasonable ALEXANDER and I asked the National The Director of National Intelligence step of revising this law? I certainly Academies of Science to report on has pleaded with us in person about hope not. It would be completely unac- steps the Congress could take to keep this issue which involves—as we all ceptable. The intelligence community the United States competitive in a rap- now know full well, whether we are on assures us that al-Qaida is not taking idly changing global environment. the Intelligence Committee or not—a an August break. That report, entitled, ‘‘Rising Above glitch in the Foreign Intelligence Sur- The principle behind our electronic the Gathering Storm,’’ was spear- veillance Act of 1978, commonly re- surveillance has not changed since 1978. headed by Norm Augustine, former ferred to around here as FISA, that is But the terrorist threat has. As we CEO of Lockheed Martin. It was re- causing our intelligence community to have tried to adapt to this asymmet- leased in October of 2005 and received miss significant, actionable intel- rical threat, the terrorists have adapt- significant attention in the U.S. media. ligence. ed too—by using increasingly modern The report clearly tapped into an in- Now, the principle behind the FISA and increasingly lethal tools and tech- creasing concern among many Ameri- law is the same today as it was 30 years nologies against us. They have used cans about the challenges we face in ago. It is the principle that foreign ter- planes and, if they get their wish, they competing against the rising national will use chemical and even nuclear rorists are a legitimate—I repeat, le- economies of countries such as India weapons. They have killed our citizens gitimate—target for electronic surveil- and China. and our soldiers by the thousands. And lance. But because of changes in the In January of 2006, Senator DOMENICI, they have shown their intent to con- way terrorists communicate, U.S. in- Senator ALEXANDER, and I, along with telligence personnel are no longer able tinue to kill on an even larger scale. 67 other cosponsors, introduced the We must not let these enemies of to act on this commonsense principle Protecting America’s Competitiveness America exploit a weakness that we with the speed and the flexibility the Edge Act, or PACE Act. This bill re- can identify. We understand this weak- law was originally meant to give them. flected the recommendations of the ness exists, and we need to fix it. In a significant number of cases, our Augustine commission and covered a Didn’t we learn this lesson after 9/11? intelligence professionals are now in wide array of topics related to competi- Some have blamed our failure to pre- the position of having to obtain court tiveness, including increasing funding vent those attacks on a failure of orders to collect foreign intelligence for research and education and other imagination. Some have said it was be- concerning foreign targets overseas in provisions designed to encourage a cli- cause we did not connect the dots. another country. This is absolutely ab- mate of entrepreneurship and innova- Well, we will never be able to connect surd and completely unacceptable. We tion. the dots if we cannot collect them. have never believed the targeting of a On a separate track, in December Failure to pass this legislation would foreign terrorist overseas should re- 2004, the Council on Competitiveness suggest an indifference on the part of quire a FISA warrant. Let me say that released their report entitled, ‘‘Inno- Congress about our ability to connect again. We are talking about terrorists vate America.’’ Based upon that report, those very dots. overseas. Yet that is the outrageous Senators ENSIGN and LIEBERMAN intro- Mr. President, I hope everybody un- situation we find ourselves in today. It duced S. 2802, entitled the American In- derstands the threat is real; the threat would be even more outrageous not to novation Act of 2006. is urgent. We must not, we will not, correct this glaring problem imme- That summer, Senator Frist asked leave for recess until we pass this ur- diately before we leave town. And we the authors of both bills and other in- gent and necessary law. will. We will be here as long as it takes terested Members, including the chair- Senator BOND and I and others will to get this right. have more to say about this issue dur- man of HELP, Senator ENZI and Rank- Congress created FISA in 1978 be- ing the course of the day. ing Member KENNEDY, to draft a com- cause it believed the terrorist threat I yield the floor. prehensive Senate bill which was intro- was real. That belief has been trag- The PRESIDING OFFICER. The Sen- duced in the Senate as S. 3936, the Na- ically confirmed since the law was cre- ator from New Mexico is recognized. tional Competitiveness and Innovation ated. Intelligence officials remind us Act. S. 3936 was introduced in the final f repeatedly that the threat remains days of the 109th Congress as a FIST- real. An unclassified version of the re- AMERICA COMPETES ACT REID bill. cent National Intelligence Estimate Mr. BINGAMAN. Mr. President, I Continuing this bipartisan effort in tells us that al-Qaida is reconstituting want to take a very few minutes to the 110th Congress, Senators ALEX- itself and that its lethal intent is just comment on the action of the Senate ANDER, DOMENICI, and I introduced S. as strong today as it was on the morn- last night in passing and sending to the 761, the America COMPETES Act, ing of September 11, 2001. President the America COMPETES which was taken up by the Senate and The legislation could not be more ur- Act. passed 88 to 8 in April of this year, with gent. While the administration sub- With the passage of the conference Senators REID and MCCONNELL as the mitted FISA modernization language report, I hope we will begin a long-term lead sponsors.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10858 CONGRESSIONAL RECORD — SENATE August 3, 2007 Meanwhile, similar efforts were I also want to particularly thank the have an opportunity—we have an abso- going on in the House with the House staff. The hard work that went into lute necessity—to pass the Foreign In- Science Committee. The conference re- this legislation was truly extraor- telligence Surveillance Act modifica- port that is on its way to the President dinary. There were numerous staff tions prior to leaving for the August is a result of bipartisan, bicameral from both sides of the aisle who worked recess. It is absolutely critical for our compromise and cooperation. very hard to make this effort a success. national security that we change the Reconciling the House and Senate From the Commerce Committee: law which currently, by its application, bills started before Memorial Day and Beth Bacon, Jeff Bingham, Jean Toal- is denying our intelligence community involved the Senate Committees on Eisen, Christine Kurth, Chan Lieu, a very significant portion of the signals Commerce, HELP, and Energy. In the Jason Mulvihill, Floyd Deschamps, and intelligence they could collect on al- House, it involved the Committees on H.J. Derr; from the HELP Committee: Qaida and other terrorist sources who Science and Education and Labor. All Beth Buehlman, David Cleary, Anne may well be planning another 9/11 at- in all, it took the efforts of over 70 Clough, David Gruenbaum, Lindsay tack on the United States. staff to complete this legislation. I Hunsicker, David Johns, Carmel Mar- It has been publicly disclosed that al- want to thank the members of these tin, Roberto Rodriguez, Missy Rohr- Qaida’s discussions are more active committees for their bipartisan effort bach, Ilyse Schuman, and Emma now than they had been since 2001 and and long-term vision on keeping our Vadehra; from my personal staff: Mi- even more since 2001, but we are, be- Nation competitive. chael Yudin, who does the work in our cause of the application of this law, I want to thank in particular the office on education issues, was an es- partially deaf to those communica- staff of these committees, all of whom sential part of the effort from the very tions. If we are to protect our home- land, the people of America, as well as put in long, hard hours, in many cases beginning and made enormous con- our troops in the field, we have to col- juggling the demands of other bills tributions to the education sections of lect better intelligence because that is that their committee had on the floor. the report; Melanie Roberts, an AAAS our only significant weapon to fend off In the Senate, once things got under- policy fellow in my office, did as well, the attacks of those, through their way 2 years ago, the process by which worked hard; from the Energy and Nat- misguided ideas, who want to inspire we operated was completely trans- ural Resources Committee: Bob Simon, terror and kill as many Americans as parent—there was never a meeting held our staff director; Mia Bennett; Kath- that did not include staff from both possible. ryn Clay; Sam Fowler; Amanda Kelly; The Director of National Intel- sides of the aisle. There was a remark- Judy Pensabene, who is the committee able lack of acrimony, and a striking ligence, Mike McConnell, whom I be- counsel for Senator DOMENICI; and absence of partisanship. I could not be lieve the people in this body have come Matt Zedler; on Senator ALEXANDER’s more proud of this process and the staff to know and respect, told us in April staff: Matt Sonnesyn and Jack Wells that undertook it, and I think the con- that it was urgent that we reform the are the two with whom I am most fa- ference report we passed last night re- FISA law. He sent us a proposal on miliar who have worked so hard; from flects that process. It should serve as a April 27. He appeared before our com- Senator LIEBERMAN’s staff: Craig Rob- model for the way this body should op- mittee in open hearings on May 1 and inson, Colleen Shogan, and Rachel erate. discussed at length the challenges and Mr. President, let me quote from the Sotsky. the threat we face and the need for re- ‘‘Rising Above the Gathering Storm’’— I also want to acknowledge the great vision of the FISA law. I had hoped we work done by our leadership staff: Without a renewed effort to bolster the would move on that at the time, but foundations of competitiveness, we can ex- Jason Unger and Mark Wetjen on Sen- some wanted to get more Department pect to lose our privileged position. For the ator REID’s staff, and by Libby Jarvis of Justice opinions. Nothing happened. first time in generations, the nation’s chil- on Senator MCCONNELL’s staff. Let me I offered my version. My version, on be- dren could face poorer prospects than their express my special thanks to the Sen- half of Republican members, drew no parents and grandparents did. We owe the ate Legislative Counsel’s Office for response. current prosperity, security, and good health their tireless work in getting this leg- The DNI, Director of National Intel- to investments of the past generations, and islation ready so it could be completed we are obliged to renew those commitments ligence, Admiral McConnell, came be- in education, research, and innovation poli- before the August recess: Liz King co- fore a session of the entire Senate in S– cies to ensure that the American people con- ordinated the conference efforts with 407, our classified security area, a tinue to benefit from the remarkable oppor- the utmost patience; John Baggaley, month ago, and he told us about the tunities provided by the rapid development Gary Endicott, Gary Koster, Amy need to reform the law and to reform of the global economy and its not inconsider- Gaynor, and Kristin Romero. the law now. A significant number— able underpinning in science and technology. Finally, let me mention John Epstein not a majority—of this body was there, This legislation represents that in my own office and who works on the but everybody who heard him speak much-needed renewed commitment to Energy Committee staff. I am con- recognized the absolute, compelling ne- bolstering our national competitive- vinced that if it were not for John’s cessity to move. Since time was run- ness tireless efforts to move this legislation ning out, he offered a slimmed-down Much of the good work that was con- forward and his unfailing commitment proposal. tained in the legislation was a result of to a collegial, bipartisan process, the There are a number of things which the report ‘‘Rising Above the Gath- bill would not have been able to be need to be done with respect to FISA ering Storm,’’ which was issued by the passed in this timeframe. I am ex- that can wait, and to accommodate the Academies of Science at the urging of tremely grateful to him for his persist- concerns of some on the other side of several of us in the Senate. This report ence and integrity throughout the the aisle, he agreed to hold off dealing set out specific actions that needed to process. Also, let me particularly with issues such as carrier liability and be taken by this country in order to thank Trudy Vincent, my legislative streamlining FISA. But he presented to keep our economy competitive in the director, for the great work she did on us a measure that he said was criti- world. Clearly, most of those rec- this legislation from its inception to cally important, that must be passed ommendations have been adopted, and its completion. so we don’t remain deaf during August now they have been legislated into law I yield the floor. to discussions of threats being carried as part of this America COMPETES The PRESIDING OFFICER. The sen- on by al-Qaida and others seeking to do Act. ior Senator from Missouri is recog- us harm. I thank my colleagues—Senator nized. As a result of the submission he ALEXANDER, of course, Senator DOMEN- f made, we had another hearing for all ICI, Senator ENSIGN, Senator LIEBER- Members of the Senate on Tuesday MAN, Senator KENNEDY, Senator ENZI, FISA MODIFICATIONS night, and at that Tuesday night ses- Senator INOUYE, Senator STEVENS. A Mr. BOND. Mr. President, I thank the sion, several Democratic chairmen great many people in the Senate had a Chair. raised concerns with him about his pro- major part in this legislation. I thank I hope I have the attention of all of posal and their desire to have a dif- them. my colleagues because I believe we ferent form. I was not privy to their

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10859 negotiations, but through the good ef- guys about what they are saying rel- what he is asking for is the ability to forts of Director McConnell, I found ative to potential attacks against gather information from any prospec- out what they were proposing, and it Americans? tive terrorist who we know may have was obvious to me, as it was clear to Mr. BOND. Mr. President, the Sen- the ability and the intent to attack Director McConnell, that this would ator from Georgia—and a valuable Americans, either on foreign soil or on not allow him to do what he needed to member of the Intelligence Com- domestic soil, and that what is sought do and would not allow NSA to move mittee—is precisely right. What we to be done here is not to intercept con- forward on collection of vital informa- have before us is what is absolutely versations between Americans, not to tion needed for his job to keep America necessary to keep our country safe. He intercept conversations even between safe. asked for the basic provisions. terrorists who are in America, but The next day, the admiral modified Basically, what Senator MCCONNELL what the DNI needs is the ability to his original proposal to take into ac- has proposed—which is not a Repub- intercept conversations coming out of count some of the reasonable concerns lican proposal, it is not a Democratic areas such as Pakistan and Waziristan? the Democrats raised, things he proposal, it is the proposal of Admiral Potential terrorists or actual terror- thought he could live with. Leader McConnell as the Director of National ists who reside in the United States, MCCONNELL and I introduced that on Intelligence—is that the Government, much like happened prior to September Wednesday evening. Since that time, the intelligence community, can listen 11—and we are about to get out of here there have been several more iterations in on communications from foreign for a month—we know this is a time coming from Democratic staff and sources, foreign intelligence, of some- when the Director and the Secretary of some Democratic chairmen that have body located overseas. If they find a the Department of Homeland Security been presented to Director McConnell. suspect in the United States—and we have said it is a high threat month. He has reviewed them, and they do not call that a U.S. person—then any col- Would the Senator not agree that it is meet the needs. He has responded to lection has to go before the FISA imperative that we give the intel- them, to try to find ways to accommo- Court, which was established in 1978, ligence community the ability to listen date them, and he has not been able to before any collection can start against to those terrorists’ conversations, accommodate them. that target. It allows the Attorney which may include—and I emphasize The admiral now is traveling and out General, with the Director of National ‘‘may’’ because this is a moving tar- of contact. He said that given the late- Intelligence, to authorize that collec- get—may include listening in on the ness of the hour and the fact that this tion. planning of potential activity inside is such a critical issue, the negotia- Now, the DNI’s proposal has made a the United States? tions are over, and he said he would number of accommodations to the Mr. BOND. Mr. President, I ask unan- make one more accommodation to points raised by our Democratic chair- imous consent for 5 more minutes to meet concerns of the majority party. men at that Tuesday night meeting. It answer the questions that have been So he has agreed that he would support includes having the FISA Court review raised. and urge the President to sign the the procedures to ensure that the tar- The PRESIDING OFFICER. Without McConnell-Bond measure introduced gets of our collection without a war- objection, it is so ordered. on Wednesday night, with one accom- rant are overseas. I don’t think court Mr. BOND. I thank the Chair. I thank modation; that is, to add a 6-month review is necessary, but it is an added my colleague from Georgia for a very sunset to provisions of the law allow- layer of protection that several key fine statement. ing the operations to continue under Democratic chairmen wanted. I don’t remember all of the questions, the orders put forward at that time. I have been to NSA. I have seen how but I do remember his last question, It will be my intent, after discussions the procedures are so carefully mon- which was, is it imperative for national with the leaders, to attempt to call itored, with layers of oversight, super- security that we adopt this now. The this measure up so we can go to work vision, reviews of attorneys, reviews of Senator is correct. We were unable to on it and get it done, to keep our coun- the inspector general, to make sure accept communications prior to Sep- try safe and to allow us to come back that the only intelligence they are col- tember 11, 2001. After that tragedy oc- after the recess and work on other por- lecting without a warrant is where the curred, the President instituted a pro- tions of the FISA law that may be nec- target is a person reasonably believed gram, which he revealed several years essary and I think are very necessary. to be outside the United States. later, to intercept foreign calls from But right now, to keep the country Mr. CHAMBLISS. Mr. President, al-Qaida coming into the United States safe, we need to pass this measure. would the Senator yield for another and, because of concerns and questions The Director of National Intelligence question? raised in oversight, the President put said—— Mr. BOND. I would be happy to. the program to intercept foreign intel- Mr. CHAMBLISS. Mr. President, Mr. CHAMBLISS. Mr. President, is it ligence under the FISA Court. Now, at would the Senator yield for a question? not true that prior to September 11, this point, because of the change in Mr. BOND. I would be happy to. certain of the September 11 hijackers technology since the time FISA was Mr. CHAMBLISS. I wish to ask the were inside the United States and com- adopted in 1978, inadvertently the new Senator about really the guts of what municating outside the United States technology being used comes under we are talking about because I want to to the leaders of al-Qaida, who were FISA and prevents, in many instances, make sure the American people thor- giving them instructions, who were the collection of information on a for- oughly understand this. The FISA law sending them money, and who were eign target. is the law that deals with the collec- providing them the details of the cir- The foreign targets are the ones, as tion of intelligence by our intelligence cumstances leading up to the events of the Senator from Georgia so correctly gatherers through the airways and September 11? We did not have the ca- pointed out, who were giving informa- through any other means we can seek pability at that time of intercepting tion, and still give information and di- to gather that information, whether it those conversations because we did not rection and strategic operations, to is e-mails, telephone calls, or what- have this particular program in place. terrorists who may well be in the ever. Therefore, is it not true that we missed United States. Yes, it is vitally impor- Is it correct that right now our intel- some of the intercepts of correspond- tant that we change this now. I hope ligence community is telling us they ence between the September 11 hijack- my colleagues will review this and that are not just handicapped but they are ers and their leadership overseas? we can get a large, bipartisan majority. hamstrung and they do not have the Is it not true that following Sep- This is not a Republican proposal. I ability because of the delay of this tember 11, the very essence of the pro- tried my Republican proposal and body and of the House of Representa- gram we are talking about now that didn’t get a majority to support that. tives in passing this legislation which the DNI says he needs, it was in place There are Democratic proposals and, to would give them the tools with which following September 11, but because of the extent they can be accommodated to go out into the bad guys’ territory circumstances beyond his control, it is by the DNI and allow him to take the and collect information on those bad now not in place? Isn’t it true that collections he needs against foreign

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10860 CONGRESSIONAL RECORD — SENATE August 3, 2007 targets, without a warrant—unless we occurs if we do not pass adequate FISA ing. Let me read a quote that Director can change the law, he will be deaf and authorization? Would it be a 30-percent McConnell recently stated: we will be endangered in August and reduction in their ability, or is it 20 Many Americans would be surprised at just thereafter. percent? Can the Senator give a ball- what the current law requires. To state the Regarding the question my colleague park figure? facts plainly: In a significant number of from Georgia raised about terrorists Mr. BOND. Mr. President, I thank the cases, our intelligence agencies must obtain communicating in the United States, if Senator from New Hampshire. I am not a court order to monitor the communica- there is collection, if we have intel- at liberty to disclose the amount, but tions of foreigners suspected of terrorist ac- tivity who are physically located in foreign ligence that there are terrorists com- it is very significant. I cannot give him countries. We are in this situation because municating in the United States—they the percentages, but it is more signifi- the law simply has not kept pace with tech- would be non-U.S. persons—we would cant than the Senator has suggested. nology. still have to go to the FISA Court to The PRESIDING OFFICER. The Sen- This is a powerful statement that Di- get an order before anybody can collect ator from Utah is recognized. rector McConnell gives. However, I on them. If a U.S. person receives a Mr. HATCH. Mr. President, I add to must disagree with one thing he says. I call, the U.S. person’s participation is that that it is very significant. We do don’t think most Americans would be what they call minimized and it is put know that. ‘‘surprised’’ by what our current law aside. That person does not become a I thank the distinguished Senator requires, I think most Americans target if he or she is a U.S. person, un- from Missouri for his remarks because would be outraged by what our current less and until there is a FISA Court he is a leader in this area and certainly law requires. A terrorist in Afghani- order included. has no higher interest than protecting stan speaks with a terrorist in Iraq, Mr. CHAMBLISS. Will the Senator our country and our citizens. and U.S. intelligence agencies need a Mr. BOND. I thank the Senator from yield for a final question? court order to listen to this conversa- Utah. Mr. BOND. Yes. tion? Mr. CHAMBLISS. First, I thank the Mr. HATCH. Mr. President, as Con- This is absurd. Senator for his great leadership. The gress prepares to adjourn for the tradi- We need to bring FISA back to its Senator said we have worked on this in tional August recess, I want to draw original intent to protect the rights a bipartisan way in the Intelligence continued emphasis to a significant and privacy of American individuals Committee since April. The Senator issue: FISA modernization. while allowing us to monitor foreign and Senator MCCONNELL have proposed I am greatly encouraged by the bi- individuals outside of the United a fix to this particular issue that now partisan negotiations concerning this States. is before the Senate. Is it not true that topic. However, I remain troubled The President of the United States everybody on this side of the aisle is about the possibility of adjournment has also recognized the perilous situa- prepared to vote for that, vote their without resolution of this vital initia- tion in which we find ourselves. In his conscience on it, whatever it may be, tive. It is very—simple passing a bill radio address last weekend, he stated and that we expect a number of Sen- with limited FISA modernization will that ‘‘Our intelligence community ators from the other side will also be contribute to a safer America. If pass- warns that under the current statute, supportive of that? Are we ready to ing this bill means we must delay our we are missing a significant amount of vote on this, to give the DNI the au- recess, then we must do it. We should foreign intelligence that we should be thority he has asked for? be able to get together today, though. collecting to protect our country.’’ Mr. BOND. Yes. I have a very impor- Do you think al-Qaida takes a recess? Let’s look closely at this. Our intel- tant message from the DNI: It is essential that we not adjourn ligence community is saying that we We understand that the FISA court judges until we send an appropriate bill to the are missing a significant amount of urgently support a more appropriate align- President. foreign intelligence. Why are we miss- ment of the court’s caseload and jurisdiction While some issues that we debate in ing this intelligence? Is it because we away from the focus on non-U.S. persons op- Congress necessitate that we persuade erating outside of the United States. The don’t know how to get it? Members of a pressing need, this is not No. judges have clearly expressed both frustra- one of them. Every Senator in the tion with the fact that so much of their Is it because we don’t have the abil- docket is consumed by applications that 110th Congress knows that the current ity or funds to get it? focus on foreign targets and involve minimal FISA statute has loopholes which are No. privacy interests of Americans. putting our country at increased risk. Is it because terrorist groups have That is the end of the statement that How should we tackle this issue? I technology that we can’t exploit? has been communicated to us by elec- suggest we take a logical and sound ap- No. tronics from the DNI—that FISA Court proach: Identify the problem, discuss It is because a law passed in 1978 has judges have asked today that we pass a and debate solutions, implement the not been appropriately amended to law that gets them out of the business solution. In this case, we have identi- conform with the technological ad- of overseeing foreign target collection. fied the problem. vances that we have seen since that I yield the floor. The Foreign Intelligence Surveil- time. Why are we handcuffing our- The PRESIDING OFFICER. The Sen- lance Act has not been changed to re- selves? ator from Utah is recognized. flect the vast technological changes I believe most Americans would look Mr. HATCH. Mr. President, I ask that have occurred since this law was at this situation and simply shake unanimous consent that following my passed in 1978. Since the law has not their heads. remarks, the Senator from North Da- been appropriately modified, our Na- If we know we have a problem, and kota be recognized. tion is missing potentially valuable in- we know how to fix it, why don’t we? Is The PRESIDING OFFICER. Is there telligence that is essential to protect the excuse that we might not have objection? our country. Getting this intelligence enough time before recess? Mr. GREGG. Reserving the right to is essential for our safety. It is about Of course we have time. object. May I ask the Senator from getting the enemy’s secrets—their We’ll make time. Missouri, the ranking Republican on plans and intentions—without them It is outrageous that we would even the Intelligence Committee, a quick knowing we’ve got them. consider a recess while this problem and simple question prior to that? It The Director of National Intel- and other loopholes of the FISA law re- won’t take more than 2 minutes to deal ligence, Mike McConnell, has done a main intact. with. tremendous job in explaining the ex- If we can’t get this done, why are we Mr. HATCH. We only have about 8 ceptional problems that our intel- here? It is no wonder that the approval minutes to go, but that is fine. ligence community continues to en- ratings for Congress are approaching Mr. GREGG. I ask the Senator from counter based on antiquated sections of all time lows. Missouri if he could give his estimate the law. When the United States Direc- Quite simply, we have a problem, but of how much of a diminution of the tor of National Intelligence says our we know how to fix it. I note that Sen- ability of the intelligence community country is at risk, I hope we are listen- ator BOND has introduced a straight

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10861 forward measure which we can pass The PRESIDING OFFICER. The Sen- acquisitions shall be governed by the appli- today. ator from Alaska is recognized. cable provisions of such amendments and This bill will put the tools back in (The remarks of Mr. STEVENS per- shall not be deemed to constitute electronic the hands of the people who work tire- taining to the introduction of S.J. Res. surveillance as that term is defined in sec- tion 101(f) of the Foreign Intelligence Sur- lessly in providing a safe environment 17 are located in today’s RECORD under veillance Act of 1978 (50 U.S.C. 1801(f)). for American families throughout this ‘‘Statements on Introduced Bills and great country. Joint Resolutions.’’) Mr. REID. Mr. President, I ask on our This amendment of FISA simply re- time that Senator ROCKEFELLER be RECESS SUBJECT TO THE CALL OF THE CHAIR given 10 minutes. turns the law to its original intent, Mr. STEVENS. Mr. President, I ask which is twofold: first, allowing sur- The PRESIDING OFFICER. Without unanimous consent that the Senate objection, it is so ordered. veillance of foreign targets, who were stand in recess subject to the call of never underprotected under FISA; and The Senator from West Virginia. the Chair. Mr. ROCKEFELLER. Mr. President, I second, guaranteeing the privacy and There being no objection, at 11:33 rights of U.S. persons, who remain pro- thank the distinguished majority lead- a.m., the Senate recessed subject to the er and the distinguished Presiding Offi- tected. call of the Chair and reassembled at It is time to address this situation. I cer. 8:08 p.m., when called to order by the Mr. President, the Rockefeller-Levin would ask my colleagues to join me in Presiding Officer (Mr. TESTER). pledging to pass legislation in this area bill before the Senate will provide the The PRESIDING OFFICER. The ma- Director of National Intelligence, Mike before we recess. This is not about par- jority leader is recognized. tisan politics. McConnell, the temporary authorities f This is about protecting Americans. he needs to expand his ability to col- We are all painfully aware of the con- THANKING THE PRESIDING lect time-sensitive intelligence against tinued dangers that our country con- OFFICER foreign targets as the Congress con- tinues to work on a more lasting effort tinues to face at the hands of organized Mr. REID. Mr. President, first of all, to reform the Foreign Intelligence Sur- groups and dedicated individuals who I express my appreciation to you, the veillance Act, or FISA, after 6 months desire nothing more than the collapse Presiding Officer. You have been very has passed. of our country as a superpower. patient all day, as have all the Mem- I wish to make this very clear. The This is not a case of the boy who bers but you especially, having to be on Rockefeller-Levin bill is the bill of the cried wolf. We know the threats are out standby and calling us back into ses- Director of National Intelligence, who there. However, each day that passes sion. I appreciate that very much. was appointed by the President to be in creates emotional distance between the f nightmares of September 11, and each charge and make all decisions with re- new day provides opportunities to heal. PROTECT AMERICA ACT OF 2007 spect to this matter. In the statement We don’t have to live our lives in Mr. REID. Mr. President, I ask unan- DNI McConnell put out at 4:39 this fear, but we have to acknowledge that imous consent that the Senate now evening, he said: the world changed that day. Rather proceed to debate concurrently S. 2011, I urge Members of Congress to support the than obsessing over news reports, let’s now at the desk, and S. 1927, as amend- legislation I provided last evening to modify enjoy the tremendous opportunities ed with the changes now at the desk; FISA and equip our intelligence community with the tools we need to protect our Nation. that the greatest Nation on Earth pro- that there be 60 minutes of debate vides. equally divided between the two lead- Mr. President, I ask unanimous con- And let’s ensure that all of the dedi- ers or their designees; that no amend- sent to have printed in the RECORD the cated and noble professionals who play ments or motions be in order with re- DNI’s full statement at the conclusion a part in ensuring our liberty and safe- spect to either bill; that at the conclu- of my remarks. ty are not hampered by nonpartisan sion or yielding back of time, the bills The PRESIDING OFFICER. Without problems that we have the ability to each be read a third time and the Sen- objection, it is so ordered. fix. ate vote on passage of S. 1927, as (See exhibit 1.) We always hear that the terrorists amended, to be followed by a vote on Mr. ROCKEFELLER. He is talking have an asymmetrical advantage over passage of S. 2011; that if either bill about our bill, the bill I am now talk- us: They do not operate as nation- fails to achieve 60 votes, then the vote ing about. The Rockefeller-Levin bill is states, and some of them are willing to on passage be vitiated and the bill be the bill the DNI is referring to in his die as suicide bombers. placed on the calendar in the case of S. statement. I am not shy about saying But we have a massive asymmetrical 2011 or returned to the calendar in the that; I am proud of it. The bill he pro- advantage over them: Our techno- case of S. 1927, as amended. vided to us last evening—that is our logical prowess. The PRESIDING OFFICER. Without bill, not the other one, our bill—is not Are we to compromise one of our objection, it is so ordered. the Bond bill that was filed 2 days ago. greatest strengths, when that strength The clerk will report. It is our bill. is essential, effective and lawful? The legislative clerk read as follows: Our bill takes the DNI’s preferred bill and modifies it in a limited number of I remind my colleagues that even A bill (S. 2011) cited as the ‘‘Protect Amer- though we will return to our States for ica Act of 2007’’. ways to make it stronger without in the recess, our enemies and their A bill (S. 1929) to amend the Foreign Intel- any way diminishing the fundamental threats don’t go away. They don’t ad- ligence Surveillance Act of 1978 to provide intelligence authorities the DNI needs. just their schedules to fit ours. additional procedures for authorizing certain Our bill includes a sunset provision of Make no mistake, inaction on our acquisitions of foreign intelligence informa- 6 months, the same sunset provision or part needlessly subjects every Amer- tion and for other purposes. period that is contained in the Bond ican to increased danger. We need to The amendment (No. 2649) to S. 1927 bill, I might add, and we are told that act. is as follows: the DNI accepted. In fact, he has told We have two options: Cut into Au- (Purpose: To provide a sunset provision) us specifically he accepts it. gust recess if necessary to provide safe- At the end, add the following: Our modified DNI bill—Director of ty to Americans, or go home and leave (c) SUNSET.—Except as provided in sub- National Intelligence—would allow our this vulnerability intact. section (d), sections 2, 3, 4, and 5 of this Act, intelligence community to begin the The answer is an easy one: Let’s en- and the amendments made by this Act, shall surveillance of terrorist suspects, tar- sure that our defenders have all of the cease to have effect 180 days after the date of gets located overseas, immediately tools they need for our continued safe- the enactment of this Act. upon the signing of the bill, even if ty, no matter how long it takes. (d) AUTHORIZATIONS IN EFFECT.—Authoriza- those targeted calls enter the United tions for the acquisition of foreign intel- I urge my colleagues to join me in ligence information pursuant to the amend- States. In other words, you start im- pledging to pass FISA modernization ments made by this Act, and directives mediately in the collection. Why is legislation before our recess. I yield the issued pursuant to such authorizations, shall this? Because the collection is not floor. remain in effect until their expiration. Such complete. We are not going in all

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10862 CONGRESSIONAL RECORD — SENATE August 3, 2007 places we should be, and that is the na- straightforward guidelines on how the bill—would give the DNI the tools he tional requirement because of various Attorney General would determine needs with the necessary court review warnings that have been issued. So whether a target is indeed foreign, and oversight as we continue over the there is no delay—immediate collec- guidelines that DNI has told me per- next 6 months on more legislation to tion—provided there has been a deter- sonally exist already—let me repeat, reform FISA. mination by the Attorney General and guidelines that he has said exist al- EXHIBIT 1 the DNI that the target is foreign. ready—the guidelines that would have DIRECTOR OF NATIONAL INTELLIGENCE, The only requirement in this bill on to exist before collection could begin in Washington, DC, August 2, 2007. the collection is the requirement that the first place for the surveillance to STATEMENT BY DIRECTOR OF NATIONAL the Foreign Intelligence Surveillance be legal under the Bond bill. INTELLIGENCE Court must be presented, for its review These guidelines would not have to Subject: Modernization of the Foreign Intel- and approval, the Attorney General’s be submitted until 4 months into the 6- ligence Surveillance Act (FISA) guidelines on how the determination is month life of the bill and would not I greatly appreciate the significant time to be made that targets of surveillance have to be approved by the court until many Members of the Senate and the House are overseas. So the Foreign Surveil- the last day that the law would be in of Representatives have taken to discuss lance Intelligence Court remains very with me the urgent need to modernize FISA. effect. I also appreciate the bipartisan support for much a part of our bill, the bill the Is that meaningful court review over ensuring the Intelligence Community can ef- DNI prefers. This process of court re- what is a straightforward matter of fectively collect the necessary intelligence view and authorization of procedures— court review and can easily be handled to protect our country from attack. In view not individual targeting determina- within 30 days? It is, of course, not, and of the significance of this issue, its impact tions but a straightforward review that is, frankly, a farce. on the Intelligence Community’s ability to the procedures are reasonable—is at The Rockefeller-Levin modified DNI be effective and the continuing dialogue to come to closure on an effective bill, it is im- the heart of both the DNI’s bill and bill makes sure the Attorney General ours. portant for me to discuss the essential provi- has guidelines in place to address the sions needed by the Intelligence Community. While the DNI proposal of last night concerns of many, including our intel- We must urgently close the gap in our cur- sets forth a 90-day period during which ligence officials, that surveillance of rent ability to effectively collect foreign in- this intelligence collection can take foreign targets not inadvertently re- telligence. The current FISA law does not place before the court needs to issue sult in the reverse targeting of Ameri- allow us to be effective. Modernizing this law another authorizing of the collection, is essential for the Intelligence Community cans and their communications based to be able to provide warning of threats to our bill modifies the time involved in on innocent communications swept up this process—we thought that was too the country. between Americans and individuals CRITICAL CHANGES NEEDED long—which we believe will be rel- overseas. Our modified DNI bill also atively straightforward and non- First, the Intelligence Community should states right up front that a court order not be required to obtain court orders to ef- controversial, so that the application, is not required for the surveillance of fectively collect foreign intelligence from including the guidelines, is submitted foreign-to-foreign communications, foreign targets located overseas. Simply due to the FISA Court within 10 days after even if the interception of the commu- to technology changes since 1978, court ap- surveillance begins and that the court nication occurs in the United States. proval should not now be required for gath- ering intelligence from foreigners located must act within 30 days, which the The DNI and others have made a court could then extend if additional overseas. This was not deemed appropriate in huge point about keeping the surveil- 1978 and it is not appropriate today. time is, in fact, needed. lance of foreign-to-foreign communica- All during this 30-day period of appli- Second, those who assist the Government tions outside the FISA process, and I in protecting us from harm must be pro- cation submission and court review, agree. The Rockefeller-Bond bill made tected from liability. This includes those the collection against foreign targets clear that this is the case. who are alleged to have assisted the Govern- continues. I keep making that point I could spend additional time ex- ment after September 11, 2001 and have because it was very hard for people to helped keep the country sate. I understand plaining why the Bond bill falls short come to terms with that. This is not the leadership in Congress is not able to ad- of the bill that the DNI asked us to case-by-case review. Methods are es- dress before the August recess the issue of li- pass, in public, earlier this evening. I tablished, authority is given, and col- ability protection for those who are alleged could spend additional time explaining to have helped the country stay safe after lections can continue. the merits and protections contained September 11, 2001. However, I appreciate the Moreover, once the court approves commitment of the congressional leadership the guidelines, the Attorney General is in our bill. But time has run out. Before us now is a very simple ques- to address this particular issue immediately not required to return to the court for upon the return of Congress in September further approval for the remainder of tion, and I say this with some heat: 2007. the 6-month period of this legislation. Will the Senate pass a bill that the DNI PROVISIONS THAT HARM INTELLIGENCE This process provides minimal and wants, a bill that gives him the collec- COMMUNITY OPERATIONS yet essential oversight while not inhib- tion tool he needs for the next 6 The Intelligence Community should not be iting or delaying the intelligence col- months, and then we review the whole restricted to effective collection of only cer- lection from proceeding. The Rocke- process again, a bill which both Repub- tain categories of foreign intelligence when feller-Levin bill accepts the DNI-re- licans and Democrats can support and the targets are located overseas. We must ensure that the Intelligence Community can quested authority to proceed during can rally around, to clearly dem- onstrate that we put national security be effective against all who seek to do us this FISA Court review. harm. The Bond bill, on the other hand— above politics and that we are ready to The bill must not require court approval and I greatly respect and have strong break with the partisan gridlock of the before urgently needed intelligence collec- affection for my vice chairman, but we past and produce results, results which tion can begin against a foreign target lo- have competing bills, and let the dif- give all Americans some comfort that cated overseas. The delays of a court process ference be known. The Bond bill, on the we have our priorities straight? And we that requires judicial determinations in ad- other hand, provides a weak and prac- do. vance to gather vital intelligence from for- I urge my colleagues to support the eign targets overseas can in some cases pre- tically nonexistent court review of the vent the rapid gathering of intelligence nec- procedures for how to determine that a Rockefeller-Levin modified DNI bill, essary to provide warning of threats to the target is foreign and not American. and I close, with some lack of subtlety, country. This process would also require in The Bond bill would not require the At- with the words of the DNI earlier this practice that we continue to divert scarce in- torney General to submit the applica- day: telligence experts to compiling these court tion and guidelines in the FISA Court I urge Members of Congress to support leg- submissions. Similarly, critical intelligence until 4 months into the 6-month life of islation I provided last evening to modified gathering on foreign targets should not be the bill, and then the Bond bill would FISA and equip our intelligence community halted while court review is pending. with the tools we need to protect our Nation. However, to acknowledge the interests of not require court approval until 6 all, I could agree to a procedure that pro- months has gone by. That is our bill; not their bill—our vides for court review—after needed collec- In other words, under the Bond bill, bill. Passage of the Rockefeller-Levin tion has begun—of our procedures for gath- court approval of these simple and bill—not the Bond amendment, our ering foreign intelligence through classified

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10863 methods directed at foreigners located over- feller-Levin bill. The DNI has stated knowing Admiral McConnell for some seas. While I would strongly prefer not to en- that the bill that Senator MCCONNELL years. He does not have a scintilla of gage in such a process, I am prepared to take and I offered, S. 1927, which we filed on politics. He left a very lucrative posi- these additional steps to keep the confidence Wednesday night, is the bill that he tion in the private sector to once again of Members of Congress and the American people that our processes have been subject supports. join and serve as a public servant. Thus to court review and approval. Any one of my colleagues who wants far, I think all of us would say he has I appreciate the President’s and the con- to, I invite them to step out this north- handled this challenging new office, Di- gressional leadership’s commitment to pro- east door and talk directly with Admi- rector of National Intelligence, with vide the Intelligence Community the nec- ral McConnell because I think it is ex- great distinction. essary tools to protect our country and keep tremely important that you find out How well I remember just a week or us safe from those who seek us harm. My what his position truly is. so ago, I say to my distinguished col- most solemn duty is to protect America, pro- Let me be clear: The bill that was in- vide warning, and ensure that our Intel- league from Missouri, when he came up ligence Community acts within our Con- troduced by Senator MCCONNELL and in S–407 and spoke to some 30 or so— stitution and laws. me was the bill that Admiral McCon- more than that, close to 40 Senators, The PRESIDING OFFICER. Who nell had modified after having com- bipartisan—and Senator after Senator yields time? The majority leader. ments to which he listened from sev- got up and complimented him on his Mr. REID. Mr. President, before my eral Democratic chairmen on Tuesday very straightforward manner of deliv- distinguished friend leaves the floor, I evening. He added the provisions for ery. Without hesitation he called the just spoke with Senator LEAHY. He court review—they are court reviews situations that were before him in does not want his name as a sponsor. within 120 days, 4 months—that would question as he saw them. He commu- He is supportive of the deal, but he be adapted to the new requirements in nicated publicly with the Senate, ex- thinks it should be Rockefeller-Levin. FISA that did not exist before that will pressing on the second of August his I yield. take some time to get together. And it views of what he believed should be in The PRESIDING OFFICER. The Sen- also included a provision that there those revisions that should be made by ator from Missouri. would be, in addition to that—that the Congress. Mr. BOND. Mr. President, I yield my- there would be the DNI who would be I find this procedure very disturbing. self 5 minutes. First, before my good one of the people making the certifi- It is essential for the United States of friend, the chairman of the Intelligence cations—two things that were re- America to continue to obtain the in- Committee leaves the floor, through quested. telligence under this program. There is the Chair, may I address the chairman There is one other modification that every desire to make sure that we will of the Intelligence Committee. The Di- I will ask unanimous consent to make, comply with the law, but the law does rector of National Intelligence is sit- or offer an amendment to make, when need some revision. It is incumbent ting right off the floor here, and he has we prepare to debate on the bills, and upon this body and, hopefully, the not seen—he has just seen your bill. He that is to include a 6-month sunset so House of Representatives to resolve does not support it. I ask if the chair- we will have the opportunity to review this situation before we go into the Au- man of the Intel Committee would step this bill. gust recess, because it is our own secu- outside and talk to the Director of Na- With that, I will have more to say rity that will suffer unless we follow tional Intelligence to see whether, in about that later, but the DNI explicitly the advice of this very distinguished fact, he does or does not support the will tell anybody who steps outside public servant who only wishes to do Rockefeller bill or the bill that we in- that he does not support this bill. what is best in the interests of the troduced on behalf of the DNI, which is It is in the bill, excuse me. United States and the people of our now pending as amendment No. 1927. I thank the distinguished majority country and our troops serving abroad, Mr. ROCKEFELLER. Has the distin- leader. But with that, I will yield the our troops serving wherever they are in guished vice chairman asked me a floor and allow other Members to com- the world. question? municate. The PRESIDING OFFICER. The ma- Mr. BOND. Yes. Would you be willing Mr. ROCKEFELLER. Does the vice jority leader. chairman yield? to step off the floor to ask the DNI? Mr. REID. Mr. President, I appreciate The PRESIDING OFFICER. Who Mr. ROCKEFELLER. I don’t need to. everyone’s hard work. It has been a yields time? The head of National Intelligence has very difficult time to get here. I espe- Mr. BOND. I reserve the remainder of made it very clear and has issued a cially wish to extend my appreciation my time. public statement that he supports our to Senators ROCKEFELLER, LEVIN, Mr. LEAHY. May I make a par- bill. He says: LEAHY, FEINGOLD, DURBIN, MIKULSKI, liamentary inquiry? I reviewed the proposal that the House of FEINSTEIN, NELSON, and I am sure I The PRESIDING OFFICER. The Sen- Representatives is expected to vote on this have missed some people, but those are afternoon to modify the Foreign Intelligence ator will state his inquiry. the ones whom I have heard from re- [et cetera]. The House proposal is unaccept- Mr. LEAHY. Mr. President, we have cently—and certainly SHELDON WHITE- able, and I strongly oppose it. [et cetera] I before us two pieces of legislation; am HOUSE, who put in the graveyard shifts. urge Members of the Senate to support. . . . I correct? Mr. BOND. I, at this time, reclaim The PRESIDING OFFICER. That is I wish to say, before I turn to my pre- my time and thank the chairman for correct. pared remarks, I too have the greatest his answer. Let me tell you, none of us Mr. LEAHY. Would the Chair please admiration for Admiral McConnell, but have seen this bill that is a total new state who the sponsors are of the two I have to say, I am concerned that we draft of the measure until just a few individual pieces of legislation? have Admiral McConnell here checking minutes ago, and we are absolutely The PRESIDING OFFICER. S. 2011 is on us. I mean, he should not be—‘‘do stunned that this bill adds new burdens sponsored by Senator LEVIN and Sen- you want to go ask him how he feels to the already overburdened process of ator ROCKEFELLER; S. 1927 is sponsored about this legislation?’’ collecting against foreign targets. This by Senator MCCONNELL and Senator I can’t appreciate that. I think it is bill says it can only apply to commu- BOND. wrong that this man whom we put in nications between foreign persons Mr. LEAHY. I thank the Chair. this very important position is here without a court order. You can’t tell if Mr. REID. Is Senator LEVIN ready to roaming the halls finding out how we it is a communication between foreign speak? Is Senator FEINGOLD ready to are going to vote, sending Senators out persons when you target a foreign speak? No. to find out how he feels about it? source because you don’t know with Mr. BOND. Mr. President, I yield 4 Mr. BOND. Will the distinguished whom that person is communicating. minutes to the distinguished Senator Senator yield for a question? That is why there are so many burdens from Virginia. Mr. REID. I will in a minute. now on the FISA Court. Mr. WARNER. Mr. President, I want Because he supports the legislation The DNI has said explicitly—he has to add a dimension to this debate, and offered by my friends Senators MCCON- told us that he opposes the Rocke- that is that I have had the privilege of NELL and BOND and does not support

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10864 CONGRESSIONAL RECORD — SENATE August 3, 2007 this does not mean this is bad legisla- I believe the legislation offered by wants to get rid of these bad people and tion. Senators ROCKEFELLER and LEVIN find out everything they are talking I will be happy to respond to a ques- achieves each of these goals, gives the about, in a way that is in keeping with tion. If you can use your time, that communities all the tools they need, our Constitution. I appreciate the serv- would be great. but at the same time it makes the ice of my friend from Missouri. He has Mr. BOND. Very quickly. Does the independent FISA Court, not the At- been a valiant member of that com- distinguished majority leader know torney General, the overseer of the mittee and does a good job. that Admiral McConnell is here be- methods and procedures used for col- So let’s not question tonight, and I cause three of his members specifically lecting foreign intelligence. hope I have not done that, anyone’s pa- asked that he come over and comment Democrats and Republicans want to triotism or what they are trying to do. on these bills, and at their request we aggressively pursue al-Qaida and other What we are trying to do is the right invited him to come here to respond to terrorist organizations and other ter- thing. But I believe the best way to go their questions? rorists. This bill does that, but not at is by supporting the second vote, which Mr. REID. I appreciate that. I mis- the cost of targeting American citizens will be Levin-Rockefeller. understood. I thought he was waiting without court authorization. We have The PRESIDING OFFICER. Who in the hall to answer questions. You had many conversations in the last yields time? asked one Senator if he wanted to go several days with Admiral McConnell. I Mr. REID. How much time do we ask him how he felt about the legisla- can say with great confidence that this have on our side? tion. I think that is inappropriate. legislation provides him with every- The PRESIDING OFFICER. Fifteen Mr. LEAHY. Would the Senator yield thing he asked for in these discussions, minutes. for another question? I also note in everything. Mr. REID. I yield 7 minutes to Sen- here S. 1927 basically gives a great He told us he wanted the tool to col- ator LEVIN, 5 minutes for Senator FEIN- deal—— lect foreign-to-foreign intelligence GOLD. Mr. REID. I have the greatest respect communications without a warrant. He The PRESIDING OFFICER. The Sen- for my friend. I wish to get my state- got it. He told us he wanted the ability ator from Michigan. ment out while I have time. We are on to compel compliance from commu- Mr. LEVIN. Mr. President, I wish to a very limited timeframe. I know the nications providers with liability pro- read the key section of our bill. It says Senator knows the details of it, but I tection. He got it. that: have a few things I wish to say. He told us he wanted the ability to A court order is not required for the acqui- Mr. FEINGOLD. Mr. President, if I collect all foreign intelligence informa- sition of the contents of any communication could I wish to make one comment tion, not just intelligence related to between persons that are not located in the about the issue the Senator raised terrorism. He got it. He told us he United States, for the purpose of collecting about Admiral McConnell. wanted the ability to temporarily foreign intelligence information without re- The last time we checked, there are begin the collection of intelligence spect to whether the communication passes 100 Senators elected to enact public without seeking a court order. He even through the United States, or the surveil- policy. The notion that somebody who lance device is located within the United got that. States. was confirmed by the Senate to exe- In fact, the legislation was provided cute these policies is a person who by the administration to Admiral That is the heart of the matter. That should be able to veto what we do here McConnell, and that legislation, he is what Admiral McConnell has re- on the basis that he has a distinguished said in a statement today, he strongly quested. That is what both bills pro- background is somewhat questionable. supports—which we have heard—served vide, both bills cure the problem that That discounts the qualities of every as the starting point for the Levin- exists. There is a problem. We have to Member of this body, that discounts Rockefeller legislation. That is what cure it. Our bill, in addition to the the qualities of every hard-working we have before us; it is a modified Bond bill, both bills do that. staff member who knows the law and McConnell amendment. Now, what are the major differences has good ideas about what this public What we have before us tonight, with between the bills? What Admiral policy should be. very modest edits, is Admiral McCon- McConnell has indicated to us in a I voted for Admiral McConnell. I re- nell’s proposal, what he told us he statement: spect him. The day we start deferring wanted, and what he gave us in writ- The intelligence community should not be to someone who is not an elected Mem- ing. required to obtain court orders to effectively ber of this body, or hiding behind him I would hope it receives the broad collect foreign intelligence, from foreign tar- when you do not have the arguments to support of the Senate. The Bond legis- gets, located overseas. justify your position is a sad day for lation, on the other hand, is not some- That is in both bills. Except our bill the Senate. We make the policy, not thing I can support. It authorizes, in is limited to foreign targets limited the executive branch. my opinion, warrantless searches of overseas, unlike the Bond bill, which Mr. REID. Mr. President, I may have Americans’ phone calls, e-mails, does not have that key limitation and to use a little bit of leader time be- homes, offices and personal records and which, it seems to me, very clearly ap- cause our time is fast ending. So I will for however long it is appealed to the plies to U.S. citizens overseas. Our bill do that as quickly as I can. court of review and the Supreme Court does not. Mr. President, as we know from the takes. This process could take months Now, if there is an incidental access briefings we have received from the Di- or indeed years. to U.S. citizens, we obviously will per- rector of National Intelligence, the Even worse, the search does not have mit that. That is not the problem. It is FISA law needs to be updated. But I to be directed abroad, just concerning a called minimization. We do not try to underscore and certainly want to be person abroad, any search, any search affect that. But the key difference be- made part of the statements made by inside the United States, the Govern- tween the Rockefeller-Levin bill and my friend, the Senator from Wisconsin, ment can claim to be concerning al- the Bond bill is that we carry out what Mr. FEINGOLD. Qaida is authorized. I do not believe Admiral McConnell has said repeat- Our intelligence community profes- that is the right way, the strong way edly, not just in the statement I read sionals are currently lacking, we are or the Constitutional way to fight the but also in newspaper articles that he told, critical information and tools war on terrorism. I urge all Members has written in the Washington Post. they need to protect this Nation from to support the Rockefeller-Levin bill. What does he say there? He says that: terrorism. It does everything that Admiral In a significant number of cases, our My goal, when I learned about the in- McConnell has requested. It strikes the intelligence agencies must obtain a telligence communities’ concerns, was right balance between protecting the court order to monitor the communica- to pass the legislation that addresses American people from terrorism and tions of foreigners suspected of ter- DNI’s legitimate concerns, asserts our preserving their Constitutional funda- rorist activities who are physically lo- oversight responsibility, protects the mental rights. cated in foreign countries. rights of American citizens, and is tem- Let the record be clear: Every Sen- Now, our bill does that. But what porary in duration. ator here tonight is patriotic and does the Bond bill do? The Bond bill

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10865 goes beyond that. In its first section it Report on your own activities. We say balance. What are your concerns about says: to the inspector generals, three of that, a program run by Admiral Nothing in the definition of electronic sur- them, they all have access here and all McConnell and an extraordinary staff veillance under section 101(f) shall be con- have a role: We want the independent at the NSA who work for us? These are strued to encompass surveillance directed at assessment from you. We want a report our soldiers in the war against ter- a person reasonably believed to be located to Congress not by an Attorney Gen- rorism. I want to give them the power outside of the United States. eral reporting on his own activities but and authority they need to find out Any person. Does not say a foreign by the inspectors general who have what our enemy is doing so we can stop person. Admiral McConnell has been that independence, which is so criti- them before they attack us. very precise. We have all heard him cally important. With all respect to my colleagues, I over and over again. He has been pre- I understand my time is up. plead with everyone, let us not strive cise in his written statements, he has I yield the floor. for perfection. Let us put national se- been precise orally. They want access, The PRESIDING OFFICER. Who curity first. Let us understand if this and we have to give them access. yields time? passes, as I pray it will, and the Presi- When foreign persons communicate Mr. BOND. Mr. President, I yield 5 dent signs it, as I know he will if it with foreign persons, even though, as minutes to the distinguished Senator passes both Houses, we are going to our bill says, the communications from Connecticut. have 6 months to reason together to might be routed through the United Mr. LIEBERMAN. I thank the Chair, find something better. If we leave States, that is the problem that must and I thank the Senator from Missouri. Washington for August recess without be cured. It is cured in both bills. But May I say first that I regret this de- closing this gap in our Nation’s intel- we avoid doing, in our bill, what the bate is happening at all. I regret the ligence capabilities at a time of war, it Bond bill does, which is to say, as it news coverage of this discussion. I wish will be quite simply a dereliction of very explicitly does: That if surveil- this had been able to be settled among duty by this Congress. It will be a fail- lance is directed at a person, which Members of both parties in both Houses ure to uphold our constitutional re- means any person—it could be a U.S. and the executive branch. If not, I wish sponsibility to provide for the common person, reasonably believed to be lo- we were debating this in executive ses- defense. cated outside of the United States— sion. Why do I regret this debate is oc- I appeal to my friends on both sides then it is permitted, it is authorized, in curring? Because we are at war. We of the aisle, let’s do what we need to do that first section of the Bond bill, were attacked on September 11, 2001 by now. Let’s do what Admiral Mike 105(a). That is one of the critical dif- a brutal, inhumane enemy who killed McConnell, the Director of National In- ferences, the most important dif- 3,000 Americans and intends to do so telligence, tells us he needs to provide ference, between Rockefeller-Levin, again. They tell us repeatedly. This is intelligence to our Government to en- which does what the Admiral says we about gathering intelligence on that able our Government to protect us must do, find a way with the new tech- enemy. from terrorists. nology where calls may be routed I regret we are having this debate. I I yield the floor. through the United States, to get to regret all the publicity, because I fear The PRESIDING OFFICER. The Sen- those communications by foreign per- they will learn something indirectly ator from Wisconsin. sons to foreign persons. about the methods of intelligence we Mr. REID. I yield the Senator from We must do that to defend the coun- have. But here we are. Wisconsin 5 minutes. try. We must do it. We do it. But we I want to explain why I will vote for The PRESIDING OFFICER. The Sen- avoid doing what Admiral McConnell the McConnell-Bond proposal. I am be- ator was yielded 5 minutes. You have 8 says he does not want to do, which is to cause we are at war. I am because it minutes left. get to the communications of Ameri- has been publicly suggested there is in- Mr. REID. Would you mind going cans. creased terrorist activity. We have next, Senator BOND? You have 16 min- There you have to go for a warrant. seen the Web site of threats against the utes and we have 8. That is what he says we should con- United States, suggesting even threats Mr. BOND. I yield to the Senator tinue to do. He says it eloquently, in against the Capitol, the citadel of our from California 2 minutes. writing and orally. We protect that democracy, by these extremist Islamist Mr. REID. I will yield her 1 minute. very vital interest. terrorists. Admiral McConnell, whom The PRESIDING OFFICER. The Sen- There are a number of other dif- everyone says they respect—I respect ator from Wisconsin has the floor. ferences. To give you one: What the him; I trust him—says to us—and I will Mr. FEINGOLD. Let me respond to Bond bill does is it says that: In terms be as vague as I need to be and want to what the Senator from Connecticut in- of reviewing and auditing, the way this be—he is missing for a reason a tool he dicated. In times of war, we don’t give works, the audit will be carried out by needs to adequately gather intelligence up our responsibility in the Senate to the Attorney General of the United on the terrorist threat. He has told us review and make laws. The notion that States, in effect auditing his own work, what he needs to close that gap. I we simply defer this to the Director of reviewing his own work. think we are beyond the point of debat- National Intelligence and whatever he On a semiannual basis, it says in sec- ing what might be a better way to do says is an abdication of our duties, es- tion 4, the Attorney General shall in- this. I feel that particularly because pecially in times of war. In fact, let’s form the Select Committee, et cetera. Senator BOND has added the 6-month remember why this is here. The Sen- The Attorney General shall give us a sunset. ator regrets we are debating this and report concerning acquisitions—that is We have a crisis. We are at war. The some of these very important matters the intercepts—during the previous 6- enemy is plotting to attack us. This that are generally kept secret are month period. Each report shall in- proposal will allow us to gather intel- being discussed. I agree. But why are clude—then it describes all of the re- ligence information on that enemy we they secret? Because the administra- ports—a description of any incidents of otherwise would not gather. This is not tion was conducting an illegal wire- noncompliance with a directive issued the time for striving for legislative tapping program and somebody inap- by the Attorney General and the Direc- perfection. We have the 6 months after propriately blew the lid on that. That tor of National Intelligence; incidents this is adopted to work together to try wasn’t the doing of anybody in this of noncompliance by a specified person to do something everyone believes is body. That was due to the incom- to whom the Attorney General and Di- more appropriate. Concerns have been petence and inappropriate conduct of rector of National Intelligence—so the expressed about American citizens, this administration in the first place. Attorney General, under the Bond pro- again being as vague as we all ought to That is why we are here with this kind vision, is reporting to Congress about be. The fact is, we have been told au- of debate, not because of anything any- his own activities. What kind of an thoritatively that these acts of surveil- body did here. independent report is that? lance will only touch American citi- By the way, this horrible conflict we So in the Rockefeller-Levin bill, we zens coincidentally, and an infinitesi- have with those who attacked us on 9/ do not say to the Attorney General: mally small number. So you have to 11, this conflict is something we all

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10866 CONGRESSIONAL RECORD — SENATE August 3, 2007 agree on. Not a single Senator doesn’t We can’t just suspend the Constitution eral Levi’s success and given the cost think we should be able to get at these for 6 months. of getting it wrong. He answered: ‘‘We foreign calls. Not a single Senator I strongly oppose the Bond bill, and I did not think we needed to, quite doesn’t want to give the admiral what urge my colleagues to oppose it. frankly.’’ he has asked for that is reasonable. We Mr. KENNEDY. Mr. President, there Well, we now know that wasn’t true. simply want protection for the civil is general agreement on both sides of I pointed out to the Attorney General liberties of people who have done abso- the aisle that we have a foreign intel- at the time the benefit of having con- lutely nothing wrong. ligence surveillance problem that sensus on this issue and the impor- Let’s be sure what this debate is should be addressed. The difference be- tance of fostering a cooperative atmos- about. I thank the majority leader and tween us is that on this side of the phere. His answer to me was: ‘‘I do not Senator ROCKEFELLER, Senator LEVIN, aisle we have consistently been willing think that we are wrong on this.’’ But Senator LEAHY, and especially Senator to work cooperatively to solve the they were wrong, which is why we are WHITEHOUSE, who put tremendous ef- problem. debating this issue at the eleventh fort into this, for trying to make this There is a model. In 1976, we faced a hour today. as good as possible. similar problem. The Senate Select I told him then that the administra- I am going to vote for the Rocke- Committee to Study Governmental Op- tion was sending the wrong message to feller-Leahy-Levin bill. I am concerned erations with Respect to Intelligence the courts, that they were jeopardizing we are moving too fast and that we Activities, known as the Church Com- our ability to convict terrorists by have not necessarily come up with the mittee, had found disturbing abuses of using these illegal intelligence meth- right answer to the problem we all rec- electronic surveillance. Congress and ods. The Attorney General said: ognize exists. But I am prepared to the administration set out to pass a That is the last thing we want to do. vote for this because I think it is at law to prevent such abuses in the fu- We believe this program is lawful. least a reasonable approach for ad- ture, while still protecting our na- He was wrong again. The program is dressing legitimate problems without tional security. not lawful and administration needs unduly compromising the civil lib- In 1976, I was the principal sponsor of Congress to fix it. erties of Americans. I do so with great the original bill that became FISA. I did not stand alone on these issues. reluctance, with the expectation that When my colleagues and I first intro- I had the support of many of my col- this is an experiment with a short expi- duced the bill, we had a Democratic leagues on the committee on both sides ration date, an experiment we can as- Congress, a Republican President, Ger- of the aisle. Yet the record is clear that sess and modify as we move forward. ald Ford, and a Republican Attorney the Attorney General repeatedly But we cannot pass the Bond-McCon- General, Ed Levi. Attorney General rebuffed our efforts to work with the nell proposal. This bill would go way Levi understood the need for Congress Administration to get this legislation too far. It would permit the Govern- and the executive branch to work to- right the first time. ment, with no court oversight whatso- gether. Members of the Judiciary Com- Instead, the Attorney General and ever, to intercept the communications mittee went down to the Justice De- the President have consistently re- of calls to and from the United States, partment at least four times to meet jected congressional input and over- as long as it is directed at a person— on the bill. There were discussions with sight. They have repeatedly demanded any person, not a suspected terrorist— Henry Kissinger, Don Rumsfeld, Brent that Congress rubberstamp their deci- reasonably believed to be outside the Scowcroft, and George Bush among sions and trust their discretion. We United States. That means giving free others. have seen where that leads, and we owe rein to the Government to wiretap any- We worked responsibly and coopera- the Nation a better approach. one, including U.S. citizens who live tively to develop legislation to protect We should pass legislation today that overseas, servicemembers such as those our civil liberties and ensure that the closes the gap in current law and pre- in Iraq, journalists reporting from Nation could use necessary surveil- serves the critical role of the Foreign overseas, or even Members of Congress lance. In the end, Attorney General Intelligence Surveillance Court in pro- who are overseas and can call home to Levi praised the bipartisan spirit of co- tecting our civil liberties. the United States. This is without any operation that characterized the nego- Unfortunately, some of our col- court oversight whatsoever. That is un- tiations and produced a good bill. That leagues, instead of using this oppor- acceptable. administration recognized the impor- tunity to work together to safeguard It goes far beyond the identified tance of working with Congress. The the Nation, would prefer to pass yet problem of foreign-to-foreign commu- final bill was passed by the Senate by another partisan assault on the rule of nications that we all agree on. It goes a vote of 95 to 1. law and American civil liberties. They far, far beyond the public descriptions As this history demonstrates, our Na- insist on diminishing the role of the of the President’s warrantless wire- tion is strongest when we work to- FISA Court and increasing the unsu- tapping program. What little judicial gether for our national security. Unfor- pervised discretion of the Attorney review the bill does provide is essen- tunately, the current administration General and the Director of National tially meaningless. The FISA Court has chosen a very different course. Intelligence. They want to trust would decide only whether the Govern- President Bush has refused all along to Alberto Gonzales to ensure that the ment certification that it has put rea- consult Congress on the development Government does not listen to the sonable procedures in place to direct and implementation of its surveillance phone calls and read the e-mails of surveillance against people reasonably program, and now we find that it vio- Americans without justification. We believed to be abroad is ‘‘clearly erro- lated the law. need to modernize FISA, not under- neous.’’ That is basically a standard This is not an argument for granting mine it. Their proposal clearly con- that is nothing more than a expanded discretion to the administra- tradicts the fundamental purpose of rubberstamp. It ignores the real issue tion. There is simply no basis for trust- the initial legislation. which is protecting the rights of Amer- ing this administration to respect the This administration railroaded us icans who may be calling or e-mailing privacy of the American people. Nor do into war in Iraq, railroaded us into friends, family, or business partners we have any confidence in the adminis- passing the PATRIOT Act and the Mili- overseas and who have done absolutely tration’s competence to adopt a lawful tary Commissions Act and now it nothing wrong. and effective program. wants to railroad us into amending Let me point out that the so-called When Attorney General Gonzales ap- FISA without the time or information court review in the Bond bill will never peared before the Judiciary Committee to consider the need properly. happen, because the court only has to in February 2006, I questioned him We take a backseat to no one in rule within 180 days of enactment, and about FISA and the recently revealed wanting to keep our America safe. We there is now a sunset on the bill after warrantless eavesdropping program. I know that our families, our friends, 180 days. offered to work with him then. In fact, and our communities are at stake. We A 6-month sunset does not justify I asked him why he had not approached want to give our intelligence agencies voting for this bad version of the bill. Congress sooner, given Attorney Gen- the tools they need, but there is a right

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10867 way and a wrong way to do it. This indicated, it is not everything that I introduced here by Senator BOND and eleventh-hour grandstanding by admin- would have wanted or drafted precisely Senator MCCONNELL goes far beyond istration is the wrong way to do it. as I would have written it. But it does what the DNI said he needs and I fear We should remember how we reached the job and achieves a better balance would be very harmful to the civil lib- this point. For 4 straight years, the than any viable alternative. I have erties of Americans. The bill the ad- Bush administration recklessly con- worked with Senator ROCKEFELLER for ministration has proposed is a vast re- ducted warrantless surveillance in vio- weeks on this matter and appreciate write of the FISA law that undercuts lation of FISA. The President acknowl- his leadership on this matter, as well the purposes of that act in significant edged this surveillance only after it as that of Senator LEVIN. ways. What the administration has was reported in the press. Until Janu- The problem our intelligence agen- done is leverage a fixable problem into ary of this year, the administration re- cies are having is with targeting com- passage of a wish list of ways to give fused to bring its surveillance program munications overseas. We want them the Attorney General and through him under the oversight of the FISA Court, to be able to intercept calls between the White House virtual unfettered au- despite the clear statutory require- two people overseas with a minimum of thority to conduct surveillance. It ment to do so. difficulty. Obviously, the situation is would take away any meaningful role The FISA Court has now reviewed complicated when people overseas for the FISA Court for calls between the surveillance and has issued a rul- might be talking to people here in the overseas and the United States. In fact, ing. It has declared that a significant United States. These calls could be in- because it is not restricted to ter- aspect of the President’s warantless nocent conversations of businesspeople, rorism but involves any foreign intel- surveillance program, in operation for tourists, our troops overseas to their ligence, the administration’s bill gives 4 years without any oversight, violates families, or to other friends or family them far greater authority than they the law and cannot continue. Without in the United States. We should want had claimed in their secret, bipartisan congressional pressure to to give the Government great flexi- warrantless surveillance program. force that review, these and other des- bility to listen to foreign-to-foreign picable violations of the rule of law calls, while still protecting privacy of This bill allows Attorney General would have gone on and on. Even innocent Americans by making sure Gonzales to order surveillance. This today, the Attorney General continues the Government gets warrants when Attorney General is in charge of deci- to mislead Congress on basic informa- they are involved. sions about when to conduct surveil- tion about the program, and he refuses The Rockefeller-Levin bill accom- lance and can instruct the court to en- to provide the legal justifications on plishes both of these things. It provides force those decisions. In effect, the which he relied. a very flexible standard up front for only role for the court under this bill is Now, after the FISA Court’s clear the Government—it is only required to as an enforcement agent—it is to ruling, the administration is urgently go to the court for approval of proce- rubberstamp the Attorney General’s demanding that we correct their mis- dures for how it will know that the tar- decisions and use its authority to order take. We can do that. We can reach the gets are, in fact, overseas. There is no telephone companies to comply. The appropriate balance between modern- case-by-case application and approval court would be stripped of its authority izing the legislation to protect our na- of warrants for these overseas targets. to serve as a check and to protect the tional security and maintaining its There is even an initial emergency pro- privacy of people within the United basic protection of civil liberties. If the vision that would allow the Govern- States. Their bill likewise requires no administration and its allies are seri- ment to start these interceptions be- review or audit by the Justice Depart- ous about effectively protecting the fore the court has done anything. ment or anyone else about the number country from terrorist threats, and To protect Americans, the House bill of U.S. communications that are being doing so under the rule of law, they requires the Government to have gathered by these orders. should support such legislation. guidelines—and show them to the Con- I believe it is important to solve the Mr. LEAHY. Mr. President, the gress—for how it will determine when a problem our intelligence agencies are Rockefeller-Levin bill might not be target is having regular communica- having right now. It is also essential to precisely the bill I would have written tions with the United States. Then preserve the critical role of the FISA to fix the problem, but it is a respon- they need to go back to the regular Court in protecting civil liberties of sible and targeted fix to the Foreign FISA procedures and show probable Americans. The House bill will do both Intelligence Surveillance Act, FISA, cause. Also, the Department of Justice of these things better than its alter- problem that has been identified. It is inspector general must do an audit of natives. the conduct under this bill to see how an appropriate response to the need ex- Mrs. BOXER. Mr. President, I believe pressed by Director of National Intel- much information about people in the United States is being collected and we need a short-term and long-term fix ligence McConnell regarding our for- for FISA. It is important to extend the eign intelligence collection overseas. must provide that audit to the court and Congress. Because this process has program now and then finish the job in In addition, it tries to preserve some the weeks and months ahead. Updating balance and some protections for the been so expedited and the issues in- volved are so significant, the bill would FISA has to be done in a meticulous civil liberties of Americans by keeping way. The real work will come in the the FISA Court involved when there sunset in 180 days, so the Congress and the administration will have an oppor- near future when there is time to de- are significant communications to and bate how to update this important tool from the United States. tunity to review it and act in a more deliberative way on these important that we need to protect the American I have been briefed by the DNI and people his staff and met with him several issues. ∑ times recently about a problem that Some things were added here that I Mrs. MURRAY. Mr. President, today, our intelligence agencies are having in might not have done. It now applies to Senate Democrats offered the Bush ad- collecting information from overseas. I all foreign intelligence targets, not ministration the tools needed to fight have said that I am willing to fix this just those involving international ter- international terrorism while uphold- problem, and I am. I have proposed rorism. It also does not require the ing the very liberties that our enemies ways to fix this identified problem. It court to review and approve the guide- seek to destroy. That is why I support might not be everything he would like, lines for handling significant commu- S. 2011, the Rockefeller-Levin Protect his wish list, but it solves his problem. nications with the United States, only America Act. The Congress has shown that it is will- the Congress sees this. These aspects The Rockefeller-Levin bill strength- ing and able to reform FISA when trouble me. They are significant. The ens our ability to protect Americans, changes are needed. We have done so Director of National Intelligence has while ensuring this authority doesn’t many times since FISA was first said that with these changes, the bill undermine our freedoms. Rockefeller- passed in 1978 and at least half a dozen solves his problems and would signifi- Levin gives the Director of National times since September 11, 2001. I be- cantly enhance our national security. Intelligence the authority to obtain all lieve such a targeted, responsible fix is This bill should resolve the matter, but essential intelligence information justified. this administration does not know how while preserving a role for the inde- To achieve that fix, I would vote for to take ‘‘yes’’ for an answer. pendent FISA Court to oversee his Rockefeller-Levin. We could enact the Regrettably, what has come over methods and protect our constitutional needed change immediately. As I have from the administration and has been liberties.

VerDate Aug 31 2005 01:41 Sep 23, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 J:\CRONLINE\2007BA~3\2007NE~2\S03AU7.PT2 S03AU7 mmaher on PRODPC24 with CONG-REC-ONLINE S10868 CONGRESSIONAL RECORD — SENATE August 3, 2007 To simply legitimize the Bush ad- includes $5 billion for bridge replace- time. I think this is unfortunate. I re- ministration’s warrantless wiretap pro- ment and rehabilitation across the Na- ceived the Democratic bill about 20 gram and provide unchecked authority tion a full $1 billion increase over last minutes ago. I went into the leader’s to invade the personal privacy of all year’s amount. Guess what. The Presi- office, tried to sit down and get briefed. Americans is the wrong message to dent is threatening to veto that one as Up to this point I still don’t understand send to our citizens and the world. well. Why? Again he thinks it costs too it. I spent all afternoon on the McCon- Our Constitution provides for a sepa- much to protect people domestically. nell bill. I am just beginning to under- ration of powers to protect our Nation And now the administration is tell- stand the subtleties in it and the other and our way of life, and I, for one, do ing us there are gaps in our ability to laws that come into play. not believe we can undermine the lib- gather intelligence about terrorists. So This is not going to be an easy vote erty our troops have fought for genera- we are trying to make changes to the for anyone. But what we have to think tions to ensure.∑ law dealing with the surveillance of of right now is, on a temporary basis, Mr. LAUTENBERG. Mr. President, I emails and phone calls to make sure we how do we best protect the people of rise to speak directly to the American protect the American people. And we the United States against a terrible at- people to tell them that this Senator must make those necessary changes, tack. understands the risks that our country even if we stay here through the month I thank the Chair and yield the floor. faces and I will do everything in my of August to do so. But we must do so The PRESIDING OFFICER. Who power to protect them from a terrorist in a way that balances our national se- yields time? attack. curity with our fundamental civil Mr. BOND. Mr. President, I yield 3 We have a President whose words do rights. minutes to the Senator from Texas. not match his actions and who con- I yield the floor. The PRESIDING OFFICER. The Sen- tinues to accuse Democrats of being The PRESIDING OFFICER. Who ator from Texas. weak on terrorism and unwilling to do yields time? Mr. CORNYN. Mr. President, I know what it takes to secure our nation. Mr. REID. When she completes her Members are working in good faith to Nothing could be further from the statement, we have 2 or 3 minutes left; try and resolve this controversy. I de- truth. is that right? cided to go directly to the source, the New Jersey was hit on September The PRESIDING OFFICER. That is Director of National Intelligence, right 11th we lost 700 people on that fateful correct. off the floor here tonight monitoring day. Not a day goes by when I don’t The Senator from California. the debates. I asked him what the dif- think about it. And it is largely that Mrs. FEINSTEIN. Mr. President, I re- ference was between the Rockefeller- day that brought me back to this member well the day I saw the letter Levin proposal and the Bond-McCon- Chamber. from Admiral McConnell. I believe the nell proposal. He said to me the Rocke- My State is ripe with targets for ter- day was July 24. That is not a long feller-Levin proposal has, in his view, rorists, from its ports to its chemical time ago. But it was a kind of wake-up unrealistic timelines. It creates situa- plants and it has the most dangerous 2 call to us. Because what that letter tions of delay, and it creates other miles for terrorism within it borders. says in essence is he believes the structural problems with regard to So President Bush please don’t lecture United States is vulnerable, and he be- monitoring foreign-to-foreign commu- me on terrorism. lieves we need to move quickly to nications which should not be the sub- Instead of rhetoric, the Senate has change FISA. ject of lengthy court proceedings that been acting to defend our homeland. From an intelligence point of view, are otherwise necessary to monitor do- Just last month we passed a bill to many of us believe the chatter is up. It mestic communications. The Director fund our homeland security needs next is not necessarily well defined, but dur- of National Intelligence, who is non- year. It would put $38 billion into mak- ing the 9/11 period, this is clearly a pe- partisan, an individual experienced in ing our homeland safer and more se- riod of heightened vulnerability. military matters and intelligence- cure. Therefore, what Admiral McConnell gathering matters—I don’t know any What does the President do? He says wants to do is be able to better collect better source to go to who would give he will veto it. Why? Because he thinks foreign intelligence. I very much re- me an objective rendition of the dif- it costs too much. It costs too much? spect what has happened. I respect the ferences between these two bills. How do you measure the cost of pro- bill that was put together on the I hope colleagues will support the tecting us from terror? Democratic side, and I respect the bill McConnell-Bond alternative as one And President Bush is accusing oth- that was put together on the Repub- that would be superior to the Rocke- ers of being weak on homeland secu- lican side, which is the McConnell bill feller-Levin proposal and one more rity? on that side. likely to protect the American people The President is upset because Con- The Senator from Wisconsin might against terrorist attacks by those who gress plans to put $2 billion more into be interested to know that some of us want to do us harm. homeland security than he thinks we just met with Admiral McConnell, par- I yield the floor. should do. That is less money for a ticularly to discuss Senator FEINGOLD’s The PRESIDING OFFICER (Mr. year of homeland security than we concern. There is a different point of WHITEHOUSE). Who yields time? spend in one week in Iraq. This is a view. A U.S. citizen in Europe is, in Mr. BOND. Mr. President, how much critical bill, and the President should fact, covered. A U.S. citizen in Europe, time remains on this side? have his pen ready to sign it, not con- the minimization under certain spe- The PRESIDING OFFICER. Twelve tinue to shortcut security for millions cific laws, not FISA, but precisely 12333 minutes. of people within our borders and within point something, which I cannot re- Mr. BOND. All right. Mr. President, our homeland. member at the present time, comes first, I want to make a point clear. I On Wednesday night, we saw a ter- into play. That U.S. citizen is subject had referred earlier to comments made rible incident when a bridge collapsed to a warrant from the court. by my good friend, the distinguished in Minnesota, causing fear, death, and This is a temporary bill. It is to fill chairman of the Intelligence Com- injury. It brought to light the serious a gap. The court has done something mittee, who thought the bill they in- infrastructure needs of our country. which has said that what has existed troduced was a bill that Admiral What does President Bush do the next for decades with respect to the collec- McConnell had supported. Admiral morning? He played raw politics and tion of foreign intelligence now cannot McConnell has just released a state- accused Congress of not working hard exist under the present law, and we ment saying that he appreciates the ef- enough to fund our transportation need to change that law. forts to address critical gaps in our needs. Again, nothing could be further It is my intention to vote for both current intelligence capabilities: I can- from the truth. bills. The reason I will vote for both not support the proposal. It creates sig- The Senate Appropriations Com- bills is to see that some bill acquires nificant uncertainty in an area where mittee has passed a transportation bill the 60 votes to get passed tonight. We certainty is paramount in order to pro- that is ready to go the Senate floor. It are going out of session. There is no tect the country. I must have certainty

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10869 in order to protect the Nation from at- not work through and issue the orders very clearly, that NSA will have the tacks that are being planned today to because of the tremendous amount of tools necessary to listen to any con- inflict mass casualties. paperwork. versation from a foreign al-Qaida mem- Really, there are a number of prob- So we must do this now. We must do ber to a callee anywhere, whether it is lems with the bill that has been pre- this tonight to give the intelligence foreign or domestic, versus the bill of- sented on the other side. But the main communities the powers they need to fered by the Democrats that may say problem is it says you do not need a collect information at a time when the you can have a foreign-to-foreign inter- court order to collect on communica- threat is heightened. If we do not do cept, but the problem is there is no tions between persons who are not lo- that, we are in great danger. clarity in the Democratic proposal as cated within the United States, and the We have to do other things, and we to who the callee is. rest of the collections are required to will come back and revisit the other So it is pretty clear, if we are going have a court order. things, such as dealing with carrier li- to give the NSA the opportunity to Now, this morning, I read on the Sen- ability and streamlining the process. protect Americans, we have to pass the ate floor a declassified summary of an Those we must do. That is why we in- bill of Senator MCCONNELL and Senator order issued by the FISA Court saying cluded the sunset at a year. BOND. this provision, this statute, FISA, must Mr. President, I yield 1 minute to the I yield the floor. be amended because due to uncertain- Senator from Florida. The PRESIDING OFFICER. The Sen- ties and technological changes, they The PRESIDING OFFICER. The Sen- ator’s time has expired. are spending so much time having to ator from Florida. Who yields time? work on orders for collection involving Mr. NELSON of Florida. Mr. Presi- The Senator from Missouri. the foreign targets—foreign targets dent, both bills in front of us allow for- Mr. BOND. Mr. President, I yield 2 whose impact on the privacy rights of eign-to-foreign intelligence collection minutes to the Senator from Pennsyl- Americans is minimal. without a court order. What is going to vania. Why is that a problem? The problem surprise you is, neither bill protects an The PRESIDING OFFICER. The Sen- is, you do not know—if you are tar- American citizen abroad from being ator from Pennsylvania. geting a foreigner—whether that for- collected upon. Neither bill does. That Mr. SPECTER. Mr. President, to eigner is going to call or communicate protection comes in the President’s Ex- state the obvious: This is a very trou- with another foreigner. If you do not, ecutive order. blesome way to legislate. We have been under the bill provided by ROCKE- What we are going to do, hopefully, is looking at this issue for more than a FELLER and LEVIN, you would have to pass one of these bills tonight, which is year. Senator FEINSTEIN introduced get a court order. You would have to a temporary measure that will get us legislation, and so did I. And it comes get a court order if you could not prove past this problem of the increased traf- down to the last minute. We have wait- the person they were communicating fic that is out there and the concern of ed in the Chamber all day. with was not in the United States. And an attack. Then, with cool delibera- I have just talked to the Director of you cannot do that. That is an impos- tion, we are going to have to address National Intelligence, Admiral McCon- sibility. That is an impossibility. You the problem that is omitted in both nell, who says only the Bond bill is ac- cannot have an order that tells you bills. ceptable for our security interests. I they are going to be foreign commu- Mr. President, it is my intention be- heard it from him personally. The nications only because you do not cause of that to vote for both of the President is reportedly prepared to know until you intercept the commu- bills this evening, hoping and praying sign only the Bond bill. nication to where it is going. that one will pass. I have just had a hurried conversa- Now, there are a number of other The PRESIDING OFFICER (Mr. DUR- tion with the senior Senator from questions about the bill. I just have to BIN). Who yields time? Michigan, who has handled the nego- say the concerns that have been The Senator from Missouri. tiations on the Rockefeller bill. He has raised—and they are legitimate privacy Mr. BOND. Mr. President, I yield 2 stipulated three points of concern concerns—are addressed by minutes to the Senator from Georgia. which I think could be ironed out, Di- minimalization procedures. Under what The PRESIDING OFFICER. The Sen- rector McConnell says in the course of is called the McConnell-Bond bill— ator from Georgia is recognized for 2 a couple of hours. But we are not hav- which was requested by Admiral minutes. ing the couple of hours. Perhaps if both McConnell, who modified his original Mr. CHAMBLISS. Mr. President, I bills fail, we will be back to try this proposal—under that bill, if an Amer- thank the ranking member and the mi- again tomorrow. ican citizen is caught in a communica- nority leader for the introduction of But as I listened to what Senator tion from an al-Qaida target or another this bill. LEVIN has had to say: It would be bet- foreign target, then that person’s par- It looks to me, Mr. President, like we ter if in one spot it said ‘‘foreign per- ticipation is minimized. And if it is not have boiled this down to a specific sons’’—but I believe that is the intent, foreign intelligence, that is completely issue of both bills saying they cover although it is not really explicit—I dumped. foreign-to-foreign surveillance. The think it would be preferable if the At- Under our bill, like under the pre- problem is, when NSA has its eyes and torney General was not making the vious FISA provisions, you cannot tar- its ears out on the wire, NSA does not certification—a point I have made re- get an American citizen or a U.S. per- know who an individual, who is in a peatedly—and there is an element of son, including people here on green foreign country, is calling—whether delay. cards and here in the country, without they are calling somebody foreign or So to say it is not a perfect bill is getting a court order. That is what the whether they are calling somebody do- again to state the obvious. But I think FISA Court was set up to do—just to mestically. it is time we have to act and, therefore, protect people in the United States. So if they know somebody is a for- I am going to support the Bond bill. There are protections for the U.S. eign caller, it is imperative we provide The PRESIDING OFFICER. Who persons who are caught, incidentally, our intelligence gatherers with the op- yields time? and they are minimized. Their names portunity to discover the conversations Mr. REID. Mr. President, I yield 1 are not even identified unless there is that are taking place between that for- minute to the Senator from Maryland, evidence of terrorist activities. eign caller and whomever they may be Ms. MIKULSKI, leaving me with 1 Now, the measure we have provided, calling, if—and only if—it involves po- minute. the McConnell-Bond bill, S. 1927, is one tential terrorist activity. And we are The PRESIDING OFFICER. The Sen- which does meet the needs that were not going to be listening in to any for- ator from Maryland is recognized for 1 identified by the FISA Court and by eign caller unless we know they are a minute. Director McConnell to clear up the member of al-Qaida under current law. Ms. MIKULSKI. Mr. President, our backlog because there is a huge back- So the clear difference in these two first goal as members of Congress is to log they cannot work through. The bills is this: The bill offered by Senator protect and safeguard the American FISA Court is overburdened. They can- MCCONNELL and Senator BOND says, people against terrorist attacks. I take

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10870 CONGRESSIONAL RECORD — SENATE August 3, 2007 my oath to do so very seriously. That It enhances intel collection against Mr. REID. I yield back any remain- is why I support reform of the Foreign terrorist operatives communicating ing time. Intelligence Surveillance Act. As we overseas foreign to foreign. At the Mr. MCCONNELL. Is there any time approach the anniversary of September same time, it does provide legal safe- remaining on this side? 11, this is a time for more intense vigi- guards to protect the rights of Ameri- The PRESIDING OFFICER (Mr. lance. Real threats to our country re- cans, consistent with law. A warrant is WHITEHOUSE). There is no time remain- main. still required. I think it is time to vote. ing. As a member of the Senate Intel- I think it is time to protect America. The question is on the engrossment ligence Committee, every day I see how Mr. REID. Mr. President, I yield Sen- and third reading of the bill. terrorists want to harm the American ator WHITEHOUSE 1 minute. The bill was ordered to be engrossed people. Terrorists still have a preda- The PRESIDING OFFICER. The Sen- for a third reading and was read the tory intent to harm the United States. ator from Rhode Island is recognized third time. Reforming FISA today provides the in- for 1 minute. Mr. MCCONNELL. Mr. President, I telligence community the tools it Mr. WHITEHOUSE. Mr. President, ask for the yeas and nays. needs to disrupt ongoing terrorist oper- the question we face fundamentally The PRESIDING OFFICER. Is there a ations against the United States. here is, are we a nation under the rule sufficient second? We have two proposals to consider to- of law? A nation of laws or a nation of There appears to be a sufficient sec- night. Both are temporary ways ahead. men? We have heard wonderful things ond. Each proposal takes important steps to said about Admiral McConnell tonight, The bill having been read the third secure the safety of our country by re- and I share this body’s admiration for time, the question is, Shall the bill forming this important law. The Admiral McConnell. But we are not pass? Rockefeller-Levin proposal is desirable, here judging him, we are here judging a The clerk will call the roll. while the McConnell proposal is ac- piece of legislation. The assistant legislative clerk called ceptable. The piece of legislation that we are the roll. Each proposal provides the intel- asked to judge puts exclusive rights in Mr. DURBIN. I announce that the ligence community the key tools it the Presidency to determine what gets Senator from California (Mrs. BOXER), needs to disrupt terrorist plans and in- collected against Americans overseas the Senator from North Dakota (Mr. tentions, while retaining the legal safe- and what gets collected against Ameri- DORGAN), the Senator from Iowa (Mr. guards that protect the rights of every cans in this country who have commu- HARKIN), the Senator from South Da- American. nications from overseas that are inter- kota (Mr. JOHNSON), the Senator from These proposals are consistent with cepted. And it allows that determina- Massachusetts (Mr. KERRY), and the the principles that the Director of Na- tion to be made, as was just said, pur- Senator from Washington (Mrs. MUR- tional Intelligence requested to im- suant to a Presidential Executive RAY), are necessarily absent. prove the FISA process: enhance intel- order. I further announce that, if present ligence collection against terrorist We are a nation of separated powers. and voting, the Senator from Iowa (Mr. operatives communicating to each We established the FISA Court to have HARKIN) would vote ‘‘no.’’ other overseas—foreign to foreign; pro- this authority. The court should over- Mr. MCCONNELL. The following Sen- vide legal safeguards to protect the see those processes. That is what this ators are necessarily absent: the Sen- rights of American citizens—consistent is about. ator from Tennessee (Mr. ALEXANDER), with law, a warrant is still required to The PRESIDING OFFICER. Who the Senator from Kentucky (Mr. BUN- monitor communications of American yields time? NING), the Senator from New Hamp- citizens inside the United States—pro- The Senator from Missouri. shire (Mr. GREGG), the Senator from vide prospective liability protection to Mr. BOND. Mr. President, I yield the Mississippi (Mr. LOTT), the Senator private-sector companies assisting our remaining time on this side to the dis- from Indiana (Mr. LUGAR), and the Sen- efforts in keeping this country safe. tinguished minority leader. ator from Arizona (Mr. MCCAIN). These proposals are time limited. A Mr. MCCONNELL. Mr. President, Further, if present and voting, the there is one thing I think virtually ev- more comprehensive and permanent so- Senator from Tennessee (Mr. ALEX- erybody in the room will agree with, lution is necessary. As a member of the ANDER) and the Senator from Kentucky and that is that we can’t leave here Intelligence Committee, I will work (Mr. BUNNING) would have voted ‘‘yea.’’ with my colleagues on a more com- without a bill signed into law by the The PRESIDING OFFICER. Are there prehensive and permanent solution to President of the United States. There any other Senators in the Chamber de- reforming FISA. is only one of these proposals before us siring to vote? Al-Qaida continues to want to inflict that he will sign. He indicated earlier The result was announced—yeas 60, damage on our country. This proposal today that he will only sign a bill that nays 28, as follows: gives important tools to the intel- Admiral McConnell, whom we all pro- [Rollcall Vote No. 309 Leg.] ligence community to disrupt the ter- fess to greatly respect, believes will get rorists’ plans and intentions, while the job done, at least for the next 6 YEAS—60 safeguarding the rights and civil lib- months. There is one proposal which Allard Dole McConnell Barrasso Domenici Mikulski erties of American citizens. does that, and only one. Bayh Ensign Murkowski When it comes to protecting Amer- So if we don’t want to be back here Bennett Enzi Nelson (FL) ica, we don’t belong to a political tomorrow and next week still dealing Bond Feinstein Nelson (NE) with this problem—and I think we cer- Brownback Graham Pryor party) we belong to the red, white, and Burr Grassley Roberts blue party. We are Americans first. tainly agree we cannot leave town Carper Hagel Salazar Mr. President, I am a member of the without addressing it—there is only Casey Hatch Sessions Intelligence Committee, and like all one way to get a Presidential signa- Chambliss Hutchison Shelby Coburn Inhofe Smith Members, I take my oath to defend this ture, and that is for the Bond-McCon- Cochran Inouye Snowe country against all enemies, foreign nell proposal, upon which we will vote Coleman Isakson Specter and domestic, very seriously. Real in a moment, to get 60 votes. That is Collins Klobuchar Stevens threats to our country remain. As we the only way to get the job done. There Conrad Kyl Sununu Corker Landrieu Thune approach the anniversary of September may be merit in both proposals, but Cornyn Lieberman Vitter 11, this is a time for more vigilance. that is not the way Admiral McConnell Craig Lincoln Voinovich We have two proposals tonight. The sees it. He enjoys widespread respect Crapo Martinez Warner Rockefeller-Levin proposal is the most throughout this body. If we want to get DeMint McCaskill Webb desirable, while the McConnell pro- the job done and get the President’s NAYS—28 posal is also acceptable. These pro- signature, the Bond-McConnell pro- Akaka Brown Clinton posals are consistent with the prin- posal is the one that should be sup- Baucus Byrd Dodd Biden Cantwell Durbin ciples that the DNI requested to im- ported. Bingaman Cardin Feingold prove the FISA process. I yield the floor.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10871 Kennedy Obama Stabenow or the Head of any Agency of the Intel- directive. If the assigned judge determines Kohl Reed Tester ligence Community, unless immediate action that the petition is frivolous, the assigned Lautenberg Reid Whitehouse by the Government is required and time does judge shall immediately deny the petition Leahy Rockefeller Wyden and affirm the directive or any part of the Levin Sanders not permit the preparation of a certification. Menendez Schumer In such a case, the determination of the Di- directive that is the subject of the petition. rector of National Intelligence and the At- If the assigned judge determines the petition NOT VOTING—12 torney General shall be reduced to a certifi- is not frivolous, the assigned judge shall, Alexander Gregg Lott cation as soon as possible but in no event within 72 hours, consider the petition in ac- Boxer Harkin Lugar more than 72 hours after the determination cordance with the procedures established Bunning Johnson McCain is made. under section 103(e)(2) and provide a written Dorgan Kerry Murray ‘‘(b) A certification under subsection (a) is statement for the record of the reasons for The PRESIDING OFFICER. not required to identify the specific facili- any determination under this subsection. Under the previous order, 60 Senators ties, places, premises, or property at which ‘‘(2) A judge considering a petition to mod- ify or set aside a directive may grant such having voted in the affirmative, the the acquisition of foreign intelligence infor- mation will be directed. petition only if the judge finds that such di- bill, as amended, is passed. ‘‘(c) The Attorney General shall transmit rective does not meet the requirements of The bill (S. 1927), as amended, is as as soon as practicable under seal to the court this section or is otherwise unlawful. If the follows: established under section 103(a) a copy of a judge does not modify or set aside the direc- S. 1927 certification made under subsection (a). tive, the judge shall immediately affirm such directive, and order the recipient to comply Be it enacted by the Senate and House of Rep- Such certification shall be maintained under with such directive. resentatives of the United States of America in security measures established by the Chief ‘‘(3) Any directive not explicitly modified Congress assembled, Justice of the United States and the Attor- ney General, in consultation with the Direc- or set aside under this subsection shall re- SECTION 1. SHORT TITLE. tor of National Intelligence, and shall re- main in full effect. This Act may be cited as the ‘‘Protect main sealed unless the certification is nec- ‘‘(i) The Government or a person receiving America Act of 2007’’. essary to determine the legality of the acqui- a directive reviewed pursuant to subsection SEC. 2. ADDITIONAL PROCEDURE FOR AUTHOR- sition under section 105B. (h) may file a petition with the Court of Re- IZING CERTAIN ACQUISITIONS OF ‘‘(d) An acquisition under this section may view established under section 103(b) for re- FOREIGN INTELLIGENCE INFORMA- be conducted only in accordance with the view of the decision issued pursuant to sub- TION. certification of the Director of National In- section (h) not later than 7 days after the The Foreign Intelligence Surveillance Act telligence and the Attorney General, or their issuance of such decision. Such court of re- of 1978 (50 U.S.C. 1801 et seq.) is amended by oral instructions if time does not permit the view shall have jurisdiction to consider such inserting after section 105 the following: preparation of a certification, and the mini- petitions and shall provide for the record a ‘‘CLARIFICATION OF ELECTRONIC SURVEILLANCE mization procedures adopted by the Attor- written statement of the reasons for its deci- OF PERSONS OUTSIDE THE UNITED STATES ney General. The Director of National Intel- sion. On petition for a writ of certiorari by ‘‘SEC. 105A. Nothing in the definition of ligence and the Attorney General shall as- the Government or any person receiving electronic surveillance under section 101(f) sess compliance with such procedures and such directive, the record shall be trans- shall be construed to encompass surveillance shall report such assessments to the Perma- mitted under seal to the Supreme Court, directed at a person reasonably believed to nent Select Committee on Intelligence of the which shall have jurisdiction to review such be located outside of the United States. House of Representatives and the Select decision. Committee on Intelligence of the Senate ‘‘(j) Judicial proceedings under this section ‘‘ADDITIONAL PROCEDURE FOR AUTHORIZING shall be concluded as expeditiously as pos- CERTAIN ACQUISITIONS CONCERNING PERSONS under section 108(a). ‘‘(e) With respect to an authorization of an sible. The record of proceedings, including LOCATED OUTSIDE THE UNITED STATES acquisition under section 105B, the Director petitions filed, orders granted, and state- ‘‘SEC. 105B. (a) Notwithstanding any other of National Intelligence and Attorney Gen- ments of reasons for decision, shall be main- law, the Director of National Intelligence eral may direct a person to— tained under security measures established and the Attorney General, may for periods of ‘‘(1) immediately provide the Government by the Chief Justice of the United States, in up to one year authorize the acquisition of with all information, facilities, and assist- consultation with the Attorney General and foreign intelligence information concerning ance necessary to accomplish the acquisition the Director of National Intelligence. persons reasonably believed to be outside the in such a manner as will protect the secrecy ‘‘(k) All petitions under this section shall United States if the Director of National In- of the acquisition and produce a minimum of be filed under seal. In any proceedings under telligence and the Attorney General deter- interference with the services that such per- this section, the court shall, upon request of mine, based on the information provided to son is providing to the target; and the Government, review ex parte and in cam- them, that— ‘‘(2) maintain under security procedures era any Government submission, or portions ‘‘(1) there are reasonable procedures in approved by the Attorney General and the of a submission, which may include classi- place for determining that the acquisition of Director of National Intelligence any records fied information. foreign intelligence information under this concerning the acquisition or the aid fur- ‘‘(l) Notwithstanding any other law, no section concerns persons reasonably believed nished that such person wishes to maintain. cause of action shall lie in any court against to be located outside the United States, and ‘‘(f) The Government shall compensate, at any person for providing any information, fa- such procedures will be subject to review of the prevailing rate, a person for providing in- cilities, or assistance in accordance with a the Court pursuant to section 105C of this formation, facilities, or assistance pursuant directive under this section. Act; to subsection (e). ‘‘(m) A directive made or an order granted ‘‘(2) the acquisition does not constitute ‘‘(g) In the case of a failure to comply with under this section shall be retained for a pe- electronic surveillance; a directive issued pursuant to subsection (e), riod of not less than 10 years from the date ‘‘(3) the acquisition involves obtaining the the Attorney General may invoke the aid of on which such directive or such order is foreign intelligence information from or the court established under section 103(a) to made.’’. with the assistance of a communications compel compliance with the directive. The SEC. 3. SUBMISSION TO COURT REVIEW AND AS- service provider, custodian, or other person court shall issue an order requiring the per- SESSMENT OF PROCEDURES. (including any officer, employee, agent, or son to comply with the directive if it finds The Foreign Intelligence Surveillance Act other specified person of such service pro- that the directive was issued in accordance of 1978 (50 U.S.C. 1801 et seq.) is amended by vider, custodian, or other person) who has with subsection (e) and is otherwise lawful. inserting after section 105B the following: access to communications, either as they are Failure to obey an order of the court may be ‘‘SUBMISSION TO COURT REVIEW OF PROCEDURES transmitted or while they are stored, or punished by the court as contempt of court. ‘‘SEC. 105C. (a) No later than 120 days after equipment that is being or may be used to Any process under this section may be the effective date of this Act, the Attorney transmit or store such communications; served in any judicial district in which the General shall submit to the Court estab- ‘‘(4) a significant purpose of the acquisition person may be found. lished under section 103(a), the procedures by is to obtain foreign intelligence information; ‘‘(h)(1)(A) A person receiving a directive which the Government determines that ac- and issued pursuant to subsection (e) may chal- quisitions conducted pursuant to section ‘‘(5) the minimization procedures to be lenge the legality of that directive by filing 105B do not constitute electronic surveil- used with respect to such acquisition activ- a petition with the pool established under lance. The procedures submitted pursuant to ity meet the definition of minimization pro- section 103(e)(1). this section shall be updated and submitted cedures under section 101(h). ‘‘(B) The presiding judge designated pursu- to the Court on an annual basis. ‘‘This determination shall be in the form of ant to section 103(b) shall assign a petition ‘‘(b) No later than 180 days after the effec- a written certification, under oath, sup- filed under subparagraph (A) to one of the tive date of this Act, the court established ported as appropriate by affidavit of appro- judges serving in the pool established by sec- under section 103(a) shall assess the Govern- priate officials in the national security field tion 103(e)(1). Not later than 48 hours after ment’s determination under section occupying positions appointed by the Presi- the assignment of such petition, the assigned 105B(a)(1) that those procedures are reason- dent, by and with the consent of the Senate, judge shall conduct an initial review of the ably designed to ensure that acquisitions

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10872 CONGRESSIONAL RECORD — SENATE August 3, 2007 conducted pursuant to section 105B do not SEC. 6. EFFECTIVE DATE; TRANSITION PROCE- DORGAN), the Senator from Iowa (Mr. DURES. constitute electronic surveillance. The HARKIN), the Senator from South Da- (a) EFFECTIVE DATE.—Except as otherwise court’s review shall be limited to whether kota (Mr. JOHNSON), the Senator from the Government’s determination is clearly provided, the amendments made by this Act Massachusetts (Mr. KERRY), and the erroneous. shall take effect immediately after the date ‘‘(c) If the court concludes that the deter- of the enactment of this Act. Senator from Washington (Mrs. MUR- mination is not clearly erroneous, it shall (b) TRANSITION PROCEDURES.—Notwith- RAY) are necessary absent. enter an order approving the continued use standing any other provision of this Act, any Mr. MCCONNELL. The following Sen- of such procedures. If the court concludes order in effect on the date of enactment of ators are necessarily absent: the Sen- that the determination is clearly erroneous, this Act issued pursuant to the Foreign In- ator from Tennessee (Mr. ALEXANDER), telligence Surveillance Act of 1978 (50 U.S.C. it shall issue an order directing the Govern- the Senator from Kentucky (Mr. BUN- ment to submit new procedures within 30 1801 et seq.) shall remain in effect until the NING), the Senator from New Hamp- days or cease any acquisitions under section date of expiration of such order, and, at the shire (Mr. GREGG), the Senator from 105B that are implicated by the court’s request of the applicant, the court estab- order. lished under section 103(a) of such Act (50 Mississippi (Mr. LOTT), the Senator ‘‘(d) The Government may appeal any U.S.C. 1803(a)) shall reauthorize such order from Indiana (Mr. LUGAR), and the Sen- order issued under subsection (c) to the court as long as the facts and circumstances con- ator from Arizona (Mr. MCCAIN). established under section 103(b). If such tinue to justify issuance of such order under Further, if present and voting, the court determines that the order was properly the provisions of the Foreign Intelligence Senator from Tennessee (Mr. ALEX- Surveillance Act of 1978, as in effect on the entered, the court shall immediately provide ANDER) and the Senator from Kentucky for the record a written statement of each day before the applicable effective date of (Mr. BUNNING) would have voted ‘‘nay.’’ reason for its decision, and, on petition of this Act. The Government also may file new the United States for a writ of certiorari, the applications, and the court established under The PRESIDING OFFICER. Are there record shall be transmitted under seal to the section 103(a) of the Foreign Intelligence any other Senators in the Chamber de- Supreme Court of the United States, which Surveillance Act of 1978 (50 U.S.C. 1803(a)) siring to vote? shall have jurisdiction to review such deci- shall enter orders granting such applications The result was announced—yeas 43, sion. Any acquisitions affected by the order pursuant to such Act, as long as the applica- nays 45, as follows: issued under subsection (c) of this section tion meets the requirements set forth under [Rollcall Vote No. 310 Leg.] may continue during the pendency of any ap- the provisions of such Act as in effect on the peal, the period during which a petition for day before the effective date of this Act. At YEAS—43 writ of certiorari may be pending, and any the request of the applicant, the court estab- Akaka Feingold Nelson (NE) review by the Supreme Court of the United lished under section 103(a) of the Foreign In- Baucus Feinstein Obama States.’’. telligence Surveillance Act of 1978 (50 U.S.C. Bayh Inouye Reed Biden Kennedy Reid SEC. 4. REPORTING TO CONGRESS. 1803(a)), shall extinguish any extant author- Bingaman Klobuchar Rockefeller On a semi-annual basis the Attorney Gen- ization to conduct electronic surveillance or Brown Kohl physical search entered pursuant to such Salazar eral shall inform the Select Committee on Byrd Landrieu Sanders Act. Any surveillance conducted pursuant to Intelligence of the Senate, the Permanent Cantwell Lautenberg Schumer Cardin Leahy Select Committee on Intelligence of the an order entered under this subsection shall Stabenow Carper Levin House of Representatives, the Committee on be subject to the provisions of the Foreign Tester Casey Lincoln the Judiciary of the Senate, and the Com- Intelligence Surveillance Act of 1978 (50 Webb U.S.C. 1801 et seq.), as in effect on the day Clinton McCaskill mittee on the Judiciary of the House of Rep- Conrad Menendez Whitehouse resentatives, concerning acquisitions under before the effective date of this Act. Dodd Mikulski Wyden this section during the previous 6-month pe- (c) SUNSET.—Except as provided in sub- Durbin Nelson (FL) section (d), sections 2, 3, 4, and 5 of this Act, riod. Each report made under this section NAYS—45 shall include— and the amendments made by this Act, shall (1) a description of any incidents of non- cease to have effect 180 days after the date of Allard DeMint McConnell compliance with a directive issued by the At- the enactment of this Act. Barrasso Dole Murkowski Bennett Domenici Pryor torney General and the Director of National (d) AUTHORIZATIONS IN EFFECT.—Authoriza- tions for the acquisition of foreign intel- Bond Ensign Roberts Intelligence under section 105B, to include— Brownback Enzi Sessions (A) incidents of non-compliance by an ele- ligence information pursuant to the amend- Burr Graham Shelby ment of the Intelligence Community with ments made by this Act, and directives Chambliss Grassley Smith guidelines or procedures established for de- issued pursuant to such authorizations, shall Coburn Hagel Snowe termining that the acquisition of foreign in- remain in effect until their expiration. Such Cochran Hatch Specter telligence authorized by the Attorney Gen- acquisitions shall be governed by the appli- Coleman Hutchison Stevens Collins Inhofe Sununu eral and Director of National Intelligence cable provisions of such amendments and shall not be deemed to constitute electronic Corker Isakson Thune concerns persons reasonably to be outside Cornyn Kyl Vitter the United States; and surveillance as that term is defined in sec- Craig Lieberman Voinovich (B) incidents of noncompliance by a speci- tion 101(f) of the Foreign Intelligence Sur- Crapo Martinez Warner veillance Act of 1978 (50 U.S.C. 1801(f)). fied person to whom the Attorney General NOT VOTING—12 and Director of National Intelligence issue a Mr. BOND. Mr. President, I move to directive under this section; and reconsider the vote. Alexander Gregg Lott (2) the number of certifications and direc- Boxer Harkin Lugar Mrs. FEINSTEIN. I move to lay that Bunning Johnson McCain tives issued during the reporting period. motion on the table. Dorgan Kerry Murray SEC. 5. TECHNICAL AMENDMENT AND CON- The motion to lay on the table was FORMING AMENDMENTS. The PRESIDING OFFICER. Under agreed to. (a) IN GENERAL.—Section 103(e) of the For- the previous order, 60 Senators not eign Intelligence Surveillance Act of 1978 (50 VOTE ON S. 2011 having voted in the affirmative, the U.S.C. 1803(e)) is amended— The PRESIDING OFFICER. The bill is placed on the calendar. (1) in paragraph (1), by striking ‘‘501(f)(1)’’ question is on the engrossment and The majority leader. and inserting ‘‘105B(h) or 501(f)(1)’’; and third reading of the bill. Mr. REID. I move to reconsider the (2) in paragraph (2), by striking ‘‘501(f)(1)’’ The bill was ordered to be engrossed vote, and I move to lay that motion on and inserting ‘‘105B(h) or 501(f)(1)’’. for a third reading and was read the (b) TABLE OF CONTENTS.—The table of con- the table. tents in the first section of the Foreign In- third time. The motion to lay on the table was telligence Surveillance Act of 1978 (50 U.S.C. Mr. DURBIN. Mr. President, I ask for agreed to. 1801 et seq.) is amended by inserting after the yeas and nays. f the item relating to section 105 the fol- The PRESIDING OFFICER. Is there a lowing: sufficient second? There is a sufficient UNANIMOUS-CONSENT REQUEST— ‘‘105A. Clarification of electronic surveil- second. H.R. 1495 lance of persons outside the The bill having been read the third Mr. REID. Mr. President, I ask unan- United States. time, the question is, Shall the bill imous consent that at a time to be de- ‘‘105B. Additional procedure for authorizing pass? termined by the majority leader, fol- certain acquisitions concerning persons located outside the The clerk will call the roll. lowing consultation with the Repub- United States. Mr. DURBIN. I announce that the lican leader, the Senate proceed to the ‘‘105C. Submission to court review of proce- Senator from California (Mrs. BOXER), consideration of the conference report dures.’’. the Senator from North Dakota (Mr. to accompany H.R. 1495, WRDA; that it

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10873 be considered under the following limi- Mr. COLEMAN. Mr. President, my would gone over the edge. Had it gone tations: that there be 4 hours of debate colleague from Minnesota is here. I a little further forward, it would have on the conference report with the time will yield to her if she wishes to pro- been caught between crashing portions equally divided and controlled between ceed first. of steel and concrete. Had it gone an- the two leaders or their designees; that Mr. President, I yield the floor. other distance, it would have been in upon the use or yielding back of time, The PRESIDING OFFICER. The Sen- the water. Yet every one of those 60 the Senate proceed to vote on adoption ator from Minnesota. kids walked away. of the conference report, without inter- Ms. KLOBUCHAR. Mr. President, I We saw tragedy. There are those who vening action or debate. think everyone in this Chamber and have lost their lives and suffered great The PRESIDING OFFICER. Is there the country and the world is aware of pain, but we also saw miracles. We saw objection? the tragedy that befell our State a few the reaction of a community that came Mr. FEINGOLD. Mr. President, I ob- days ago. This is a bridge that is not together at every level—the first re- ject. just in my backyard, it is actually in sponders, the citizens who came to- The PRESIDING OFFICER. Objec- my front yard. It is only 8 blocks away. gether to jump in the water to try and tion is heard. It is one of the most well-traveled help folks who were in situations that The Senator from Minnesota is rec- bridges in our State. were hard to understand. ognized. Senator COLEMAN and I were on the In addition to that, when Senator f ground and saw the great damage yes- KLOBUCHAR and I got there early in the terday. When I looked down and saw morning, we sat in on a briefing with AUTHORIZING ADDITIONAL FUNDS that miracle bus on the precipice and I the Governor and the mayor and the FOR EMERGENCY REPAIRS AND thought about the fear in the eyes of first responders, the county commis- RECONSTRUCTION OF THE those little children as they watched as sioners, city council members—some INTERSTATE I–35 BRIDGE the concrete and the road basically fell Democrats, some Republicans. It didn’t Mr. COLEMAN. Mr. President, I ask down below them, I couldn’t even matter. unanimous consent that the Senate imagine what they went through. I sat there as a former mayor remem- proceed to the immediate consider- But then I met the heroes, the people bering what it was like on 9/11, remem- ation of H.R. 3311, which was received who dove in the water over and over bering how unprepared we were on 9/11. from the House. again looking for survivors. The death And after 9/11, as a city, we tried to The PRESIDING OFFICER. The toll would have been so much worse if take stock and recognize that our first clerk will report the bill by title. our community had not come to- responders weren’t tied into what was The legislative clerk read as follows: gether—the police, fire personnel, going on at hospitals, and various po- A bill (H.R. 3311) to authorize additional emergency personnel, and ordinary lice and fire from different commu- funds for emergency repairs and reconstruc- citizens—to save the lives of our peo- nities could not communicate. What we tion of the Interstate I–35 bridge located in ple. did is we went about the process of Minneapolis, Minnesota, that collapsed on training and training and training, pre- August 1, 2007, to waive the $100,000,000 limi- Today we thank our colleagues be- cause it is good news that they stood paring and preparing and preparing, tation on emergency relief funds for those and it came together. I watched in the emergency repairs and reconstruction, and by us in a bipartisan way to help the for other purposes. people of our State. The vote is good city of Minneapolis, and as a former mayor I took pride in the way the peo- There being no objection, the Senate news at the close of a week that has brought so much heartbreak to our ple responded. proceeded to consider the bill. I think the Nation saw it, I think the State. This was, as I said, the most Mr. COLEMAN. Mr. President, I ask world saw it, and it made me proud to heavily traveled bridge in our State, unanimous consent that the amend- represent Minnesota. ment that is at the desk be agreed to, and our people and our businesses de- I say that because I saw the same the bill, as amended, be read a third pend on it. spirit in the Senate tonight. The people time and passed, the motion to recon- Today in the Senate, as well as in the in Minneapolis have some great needs. sider be laid upon the table, and that House of Representatives, the Congress My colleague in the House, Congress- any statements relating to the bill be voted to give us the opportunity to ac- man OBERSTAR, put forth a plan that printed in the RECORD. cess the funds we are going to need to would provide authorization to rebuild The PRESIDING OFFICER. Without repair this bridge. the bridge. There was also provided objection, it is so ordered. There was also a focus on transit some extra money on the table to deal The amendment (No. 2654) was agreed money, which is so important. The day with some very immediate needs. to, as follows: we got into Minnesota, only 12 hours I was there when the Secretary of (Purpose: To improve expanded eligibility after this happened, our State had al- Transportation made the pledge that for transit and travel information services) ready put on 25 extra buses. They had ‘‘we are going to be there to help,’’ and In section 1112(b)(1) of the Safe, Account- billboards showing people the routes to we had some challenges then in moving able, Flexible, Efficient Transportation Eq- go. It was an absolutely extraordinary that forward. There were some tech- uity Act: A Legacy for Users (as added by effort. They were prepared. But I don’t nical issues. But what I found along section 3), strike subparagraph (B) and insert think anyone, in any State, can ever be the way was my colleagues on both the following: prepared for a tragedy such as this. ‘‘(B) use not to exceed $5,000,000 of the sides of the aisle simply said, how can funds made available for fiscal year 2007 for I thank all my colleagues at the close we help? How can we get this done? Federal Transit Administration Discre- of a very long week for their words of The chairman of the Budget Com- tionary Programs, Bus and Bus Facilities support. Our thoughts and our prayers mittee a little while ago discovered (without any local matching funds require- are with the victims and with their there was one minor technical issue. ment) for operating expenses of the Min- families. Today, the Congress stood He said, we are going to take care of nesota State department of transportation tall and proud and came immediately this. for actual and necessary costs of mainte- to their aid. I got a call today from the director of nance and operation, less the amount of Mr. President, I yield the floor to my the Environmental Protection Agency, fares earned, which are provided by the Met- colleague from Minnesota. ropolitan Council (of Minnesota) as a tem- the Administrator. I got a call yester- porary substitute for highway traffic service Mr. COLEMAN. Mr. President, my day from the head of the SBA. At the following the collapse of the Interstate I–35W colleague from Minnesota has de- scene yesterday we had the head of the bridge in Minneapolis, Minnesota, on August scribed the spirit of a people con- Transportation Safety Board. We had 1, 2007, until highway traffic service is re- fronted with great tragedy. It was hor- the Secretary of Transportation, the stored on such bridge. rible to be there by that bridge and see highway administrator. They were all The amendment was ordered to be those cars, some in the water, others there. Everyone had come together. engrossed, and the bill to be read a that had burst on fire—a tractor trail- And on the floor of the Senate I saw third time. er—to see a school bus on the precipice. that tonight, that spirit, and I simply The bill (H.R. 3311) was read the third I think it had dropped 20 feet. Had it say thank you to my colleagues. On be- time and passed. gone a little further to the side, it half of the people of Minnesota and the

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10874 CONGRESSIONAL RECORD — SENATE August 3, 2007 people of Minneapolis, I say thank you 16 years. There are many families of other body in doing so. I don’t want for the support you have shown and the Liberians in this country whose chil- anyone to mistake my objection to spirit in which you have come to- dren are American citizens—in fact, other provisions that are going for- gether. who are about on the verge of college ward. I am sincerely committed to get- At times, there is so much rancor in or even older. ting this done. I hope we get it done, our Nation today—this partisan divide. Today, Liberia has made some and I thank the Presiding Officer for It is so uplifting to be in this Chamber progress. It has a democratically elect- his cosponsorship and leadership. to see my colleagues on both sides of ed president. She is a remarkable I yield the floor. the aisle come together, and so I say woman, leading her nation. But, still, Mr. DODD. Mr. President, the Sen- thank you. it is not a country that is ready to ac- ator from Rhode Island has been so per- Let me end by asking that we not cept individuals who are in the United suasive in his argument, I ask that he forget there has been a great tragedy; States, who are part of our community, add me as a cosponsor to the bill. that lives have been lost. Let us keep who have American children, and who Mr. REED. Mr. President, I ask unan- the families of those who have lost are contributing to our communities. imous consent that the Senator be loved ones in our prayers. Let us make We should, I think, give them the op- added as a cosponsor. sure we continue in the effort to ensure portunity to make a choice of whether The PRESIDING OFFICER. Without that the resources are there to rebuild, they should stay here or go back to objection, it is so ordered. and let us do it quickly. Let us do their homeland of Liberia. The Senator from Connecticut is rec- those things to expedite the process. Every year they face a precipice that ognized. This is a major thoroughfare, a major comes on October 1, when they worry piece of the transportation system in whether their status will be extended; f the State of Minnesota. We need to get when they worry whether they will have to leave children behind, give up the money back to Minnesota and get INFRASTRUCTURE the people on the ground who can get their jobs, leave their community and the work done. be lifted up, literally, to go back to a Mr. DODD. Mr. President, both our We can do it, and we can do it quick- country which is, quite frankly, not colleagues from Minnesota have left ly. We will rebuild this bridge, we will ready to accept them and to use their the floor, but I join with my colleague rebuild quickly, we will find out what talents. So each year we have been able from Rhode Island and others here in caused this terrible, terrible tragedy, to, either through administrative deci- expressing our regrets and our condo- and we will keep those who have suf- sion or through our efforts here, extend lences to the people of Minnesota for fered loss in our prayers. their stay. I urge that my colleagues the tragedy that State has gone Mr. President, I yield the floor. consider taking up H.R. 3123, and I re- through with the collapse of the high- The PRESIDING OFFICER. The sen- quested on behalf of my cosponsors a way over the Mississippi River. Cer- ior Senator from Rhode Island is recog- unanimous consent to do that. I am tainly all of us extend our sympathies nized. told that on the Democratic side there to those who lost loved ones and those EXTENSION OF TEMPORARY PROTECTIVE STATUS were no objections, but, apparently, who were injured. We in Congress will FOR LIBERIANS there are some objections on the other do whatever we can to help out in that Mr. REED. Mr. President, let me first side. I want to make it clear to all my situation, as all of us have at one time begin by commending Senators COLE- colleagues I will renew this request or another stood in this Chamber and MAN and KLOBUCHAR for their very ag- time and time again when we return in asked for help for our States because of gressive and appropriate response to a September. a tragedy that has occurred. It is very crisis in their home State of Min- We have to act before October 1. It much in keeping with the tradition of nesota. We were proud, all of us, to join would be unfair, unjust, and unwise not this body to respond to tragedies such with the Senators in helping their peo- to grant this exemption. It was accept- as the one Minnesota has experienced. ple in the face of great need. ed on a bipartisan basis overwhelm- I want to take a moment, however, This is interesting, because I rise for ingly in the other body, and I think we and urge my colleagues during the next the moment to speak about another should do the same here in the Senate. few weeks to consider an important bill measure which both Senator COLEMAN I urge any of my colleagues who have to try to address the growing problem and Senator KLOBUCHAR have joined questions—and I think at this juncture of deteriorating infrastructure across with me as cosponsors of, and that is there are many who might have legiti- our nation. For nearly 2 years, the Sen- the temporary protective status for Li- mate questions—please, I would be ator from Nebraska and I, Senator berians. The Presiding Officer, Senator happy to answer them. I would be HAGEL, have been working on this bill, WHITEHOUSE, is also a cosponsor, along happy to respond. I believe I can make along with the Center for Strategic and with Senators KERRY and LEAHY. It is a a compelling case that in terms of fair- International Studies, Felix Rohatyn, bipartisan measure. It is in response to ness, in terms of equity, in terms of who has been very involved in the a situation where there are thousands recognizing what these individuals issues of New York City, and our of Liberians here legally, but they are have done to contribute to commu- former Senate colleagues Warren Rud- in danger of being deported because nities all across this country, they man and Bob Kerrey. their status could change by October 1. should be granted at least 1 more year. The numbers are staggering. There The House of Representatives earlier This is not a permanent adjustment, are some 160,000 bridges of the 900,000 in this week passed unanimously by voice this is an additional year. our country that are deficient, to put vote H.R. 3123, which would extend for Let me stress one thing also. We have it mildly. We saw what happened in 1 year their temporary protected sta- had a great deal of discussion in this Minnesota. There are 614 transit sys- tus. In fact, the minority leader, Mr. Congress about immigration. These in- tems in deep need of repair. One-third BLUNT, was the key leader in this ef- dividuals are legally here in the United of all our highways are in need of sig- fort, along with our colleague from States, and they have been given the nificant repair and improvement. The Rhode Island, Congressman PATRICK opportunity to work, they pay taxes, water systems and wastewater systems KENNEDY, and I again thank Senators and they are not qualified for any so- in the United States are, on average, COLEMAN and KLOBUCHAR, and all the cial benefits. I am very proud of Rhode almost 100 years old. Clearly, the abil- cosponsors. Island because we have a large commu- ity of our appropriations process to The Liberian individuals we are talk- nity, relatively speaking, and they maintain the needed infrastructure for ing about were in the United States in have become extraordinarily produc- our country is inadequate. We all know the late 1980s and early 1990s when a tive members of our community. So I that. So we have spent time over the brutal civil war broke out in Liberia. feel very strongly, and I know my col- last 2, 21⁄2 years working with people on They could not go home, and this coun- league, the Presiding Officer, does, that Wall Street and others to come up with try granted them protective status. we are going to do all we can over the ideas on how we might attract capital That status, in one form or another, several weeks before October 1 to make to the area of infrastructure develop- has been continued for now almost 15, sure this is adopted; that we follow the ment.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10875 Ironically, we had talked about de- UNANIMOUS-CONSENT REQUEST— passed, and the motion to reconsider be laying this announcement until Sep- H.R. 327 laid on the table without intervening tember, but at the suggestion of Sen- Mr. DODD. Mr. President, I ask unan- action or debate. The PRESIDING OFFICER. Is there ator HAGEL, we decided Wednesday imous consent that the Veterans’ Af- objection? morning to make the announcement fairs Committee be discharged from before we left for the August break. I Mr. THUNE. I object. further consideration of H.R. 327 and think we had four members of the press the Senate then proceed to its imme- f in the gallery to cover the initial an- diate consideration. UNANIMOUS-CONSENT REQUEST— nouncement of this year-and-a-half The PRESIDING OFFICER. Is there S. 742 long effort. And of course by 5 or 6 o’clock that afternoon, we had heard objection? Mr. DODD. Mr. President, I ask unan- the news of what happened in Min- Mr. THUNE. Reserving the right to imous consent that the Senate proceed neapolis, which heightened the coun- object, the Senator from Connecticut is to the immediate consideration of Cal- try’s awareness of a problem that was going to put forward a number of unan- endar No. 321, S. 742, that the com- well-known to those of us looking into imous-consent requests. Because of the mittee-reported amendment be consid- this over the years. lateness of the hour, we have a number ered and agreed to, the bill as amended This should never have happened in of Members on our side who, on many be read a third time, passed, and the the United States. We have been suc- of these unanimous-consent requests motion to reconsider be laid on the cessful over the years because we have that he will propound, have concerns table and any statements be printed in understood the relationship of strong about those, and so they have not been the RECORD as if read. infrastructure systems, wastewater cleared on this side. I am going to ob- The PRESIDING OFFICER. Is there treatment systems, highways, bridges, ject to this and to some of the others objection? and transit systems, to our ability to he will be putting forward. Mr. THUNE. I object. grow economically. Of course, some of I object. f the major efforts that have increased f UNANIMOUS-CONSENT REQUEST— the prosperity of our country have UNANIMOUS-CONSENT REQUEST— S. 1785 been big ideas in infrastructure. Cer- Mr. DODD. Mr. President, I ask unan- tainly the interstate highway system, H.R. 1538 imous consent that the Senate proceed under Dwight Eisenhower, is a classic Mr. DODD. Mr. President, I ask unan- to the immediate consideration of Cal- example of a project that dramatically imous consent that if the Senate re- endar No. 320, S. 1785, that the com- improved the economy of our Nation ceives the message from the House on mittee-reported amendment be consid- more than 50 years ago. H.R. 1538, the Wounded Warrior bill, At any rate, there are a number of with a request for a conference, the ered and agreed to, the bill be read a examples, and I hope my colleagues Senate agree to the request and the third time, passed, the motion to re- will look at this critically important Chair be authorized to appoint con- consider be laid on the table, and any legislation we have presented for their ferees. statements be printed in the RECORD. The PRESIDING OFFICER. Is there consideration. We look forward to fur- The PRESIDING OFFICER. Is there ther examining how better to deal with objection? objection? Mr. THUNE. I object. the large problems facing us when we Mr. THUNE. Reserving the right to The PRESIDING OFFICER. Objec- reconvene this fall. As many of my col- object on this, this bill passed the Sen- tion is heard. leagues may know, a $1 billion invest- ate by unanimous consent. This is f ment, whether public or private something everybody on our side sup- money, would generate as many as ports. It includes a pay raise for mem- UNANIMOUS-CONSENT REQUEST— 40,000 jobs. So, in addition to address- bers of our military. But again, until S. 558 ing major deficiencies in our infra- such time as we receive this message Mr. DODD. Last, Mr. President, I ask structure, it will also spur economic from the House—at that time, I guess I unanimous consent that the Senate development and provide needed work will ask the majority to renew that re- proceed to the immediate consider- for those in the construction fields and quest. Until that happens, I object. ation of Calendar No. 93, S. 558, that trades. The PRESIDING OFFICER. Objec- the amendment at the desk be consid- Again, this is an important issue, and tion is heard. ered and agreed to, the committee-re- one that is unfortunately receiving f ported substitute as amended be agreed more attention than it would other- to, the bill, as amended, be read a third wise, except for the tragedy in Min- UNANIMOUS-CONSENT REQUEST— time, passed, the motion to reconsider nesota. In my home State of Con- S. 1257 be laid on the table, and that any necticut, we went through a similar Mr. DODD. Mr. President, I ask unan- statements relating thereto be printed tragedy, as my colleague from Rhode imous consent that at a time to be de- in the RECORD with no intervening ac- Island may recall, on Route 95 along termined by the majority leader, fol- tion or debate. the Mianus River, the corridor running lowing consultation with the Repub- The PRESIDING OFFICER. Is there through his State and mine, down to lican leader, the Senate proceed to the objection? Florida. A whole section of that road in consideration of Calendar No. 257, S. Mr. THUNE. I object. western Connecticut collapsed. Four 1257, a bill to provide the District of The PRESIDING OFFICER. Objec- people lost their lives on that day when Columbia a voting seat and the State tion is heard. the Mianus River bridge fell. So we re- of Utah an additional seat in the House Mr. DODD. I suggest the absence of a late to and understand what has hap- of Representatives. quorum. pened in Minnesota. The PRESIDING OFFICER. The Again, our invitation is to take a The PRESIDING OFFICER. Is there objection? clerk will call the roll. look at this. It is an idea, a big idea, a The legislative clerk proceeded to Mr. THUNE. I object. large idea, creatively financed to be call the roll. The PRESIDING OFFICER. Objec- able to do something serious about this Mr. MCCONNELL. I ask unanimous growing problem. It is a problem we tion is heard. consent that the order for the quorum are going to be hearing more and more f call be rescinded. The PRESIDING OFFICER. Without about if we fail to take the necessary UNANIMOUS-CONSENT REQUEST— steps to improve this infrastructure. objection, it is so ordered. H.R. 3159 We must work to construct what needs f to be constructed and put our feet back Mr. DODD. Mr. President, I ask unan- on the ground. imous consent that when the Senate SIX POINT PLAN I thank my colleagues. receives from the House H.R. 3159, the Mr. MCCONNELL. Mr. President, 7 I am going to make some unanimous Dwell Time Act, the bill be considered months ago I opened this session by re- consent requests here. as having been read three times, minding myself and my colleagues that

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10876 CONGRESSIONAL RECORD — SENATE August 3, 2007 the work we do and the way we do it parties would have to wait until just speech code that was abolished more will be judged not only by the voters last week to finish this important bill, than two decades ago because it vio- but by history. and the centerpiece of the Democratic lates the first amendment. They even Future generations are not likely to plan for improving national security proposed closing the terrorist deten- remember our names, but they will in- would sit on the shelf literally for tion facility at Guantanamo Bay and herit the laws that we pass, the prob- months. sending the inmates to the States. lems we ignore, and the solutions we Now, there is a pattern here. When Then there were the politically moti- leave behind. So I rise tonight to take the majority has agreed to let Repub- vated investigations which, between stock of how we have done, to offer an licans participate and shape legisla- the House and Senate, break down to honest assessment of our work, and to tion, we have achieved good bipartisan about six hearings a day since the first propose a course of correction. results. When they have blocked that day of the session. Some seemed to see When the gavel fell in January, a new cooperation, they have failed. But just a plot being hatched behind every fil- party had taken over. It had a simple like a fly that keeps slamming its head ing cabinet in Washington. Others six-point plan of action involving a list into the same windowpane trying to seem ready to hold a White House sofa of items that were thought to have get outside, the Democratic majority in contempt for bad fabric. And, of popular support. As the majority whip has spent most of the year since those course, there was the endless political put it last fall, Democrats did not want small, early gestures at cooperation grandstanding on Iraq that I have al- to overpromise, so they came up with a trying and failing to advance its agen- ready mentioned. list that was concise, understandable, da by insisting on the path of political Now, predictably, this alternative and attainable. advantage. agenda went nowhere. In the effort to He added that if the Democrats were The problem took root early on. Soon get both, they ended up with neither. fortunate enough to win the majority, after the 9/11 bill came the first at- Editorial writers started to grumble they would be judged primarily on tempt to set a timetable for with- about the lack of achievement. The their ability to deliver on those six leg- drawing U.S. troops from Iraq. Our public took note, too, sending the new islative goals. So by the majority’s Democratic friends knew it had no Congress’s approval ratings to new sub- own standard, our report card should chance of passing the Senate, let alone terranean lows. begin with a so-called 6 for ’06. They being signed into law. The lesson that emerged was clear. have had more than a half a year to Two weeks earlier, they had forced a Politics yields headlines; cooperation enact them, and so it is fair to ask: vote on the Petraeus plan for securing yields results. How have they done? Baghdad and lost. The President had Republicans warned the other side We started with lobby reform. As an made clear his opposition to timelines, about the consequences of unilateral- early gesture of the bipartisanship I and Republicans insisted that Congress ism early on. We argued for months hoped would mark this session, I co- should not be in the business of lit- that the majority had been engaged in sponsored the bill along with the ma- erally micromanaging a war. a months-long power play by invoking jority leader. But less than 2 weeks Yet our friends on the other side per- cloture with astonishing frequency. My into the session, the majority decided sisted anyway, and the first timeline staff commissioned a CRS study on the to cut off debate. It forced an early vote failed. It was followed by 14 more issue and found that the majority was vote on an unfinished bill, and it failed. political messaging votes on the war, on pace to shatter the record for clo- After Republicans were allowed to add votes that promised to have no prac- ture filings in a single Congress. a vital amendment that protected the tical impact on our military conduct. grassroots organizations from burden- The Senate would spend 2 months de- Yet the cloture stories that started some oversight, we voted again, and bating legislation that in every case to appear argued that record cloture the bill passed easily 96 to 2. was bound to fail. For the entire spring filings were somehow the fault of the Minimum wage was next. Repub- and summer, the majority insisted on Republicans, as if we had forced the licans supported an increase that in- political votes, culminating in the the- majority to try to cut off debate. This cluded tax relief for the business own- atrical crescendo of an all-night debate was classic spin, as anyone who has ers who would have to pay for it. At that even Democrats admitted was a been in the Senate for more than a first the majority balked. They wanted stunt. week will tell you. The majority knows a bill without any tax relief, without What seems to have happened here is that more than 40 cloture votes in 6 any Republican input. It failed. But that at some point in February, after months is not a sign of minority ob- when they finally agreed to cooperate the minimum wage vote, the political struction. It is a sign of a majority by including tax relief for small busi- left put a hand on the steering wheel, that does not like the rules. nesses, the bill sailed through by a vote and the unfortunate result was that The opportunity costs of this failed of 94 to 3. Four weeks, two accomplish- nearly 5 months would pass before a strategy have been immense. Because ments, a good start. single item on the 6 for ’06 agenda it has refused to cooperate with the Then we turned to the 9/11 bill, and would become law, and even that had other side, the majority hasn’t brought here the tide began to turn. Repub- to be tacked on to a must-pass emer- a single piece of legislation to the floor licans supported this bill from the gency spending bill that the Democrats that would reduce the income tax bur- start. We saw it as a welcome oppor- had been slow-rolling for months. den on working Americans. The Senate tunity to strengthen security, but the Now it was during those early has not done a thing to address entitle- majority rejected our efforts to im- months that an alternative, harder ments, despite a looming financial ca- prove it with amendments, and then edged, 6 for ’06 agenda seemed to tastrophe. It has done nothing to ad- weakened the bill by inserting a dan- emerge. Indeed, the biggest Senate dress the rising cost of health care. gerous provision at the insistence of fights this year have not been over the Only 1 appropriations bill out of 12 has their labor union supporters. original 6 for ’06 at all. They revolved passed the Senate, and none has been They wanted to give airport security around the policy proposals of the far signed into law. workers at U.S. airports veto power left. Fortunately, Republicans have On the first day of the session, the over the Government’s rapid response held together to keep these bad ideas majority whip said the American peo- plan to a terrorist attack. It was an ab- from becoming law. ple had put Democrats in the majority surd request. For example, they wanted to elimi- to find solutions, not to play to a draw Congress rejected a similar provision nate secret ballot elections from union with nothing to show for it. Yet at 5 years earlier on the grounds that it drives. They wanted to spend valuable times over the last 7 months those threatened national security. The floor time on a nonbinding resolution words have seemed quaint. The Demo- President promised to veto it this time about the Attorney General, despite cratic majority had the right idea around as well. The bill ended up pass- weeks of print and television inter- early on. It made an early mistake, in ing the Senate, and the provision was views on the topic already. my opinion, by succumbing to a round- ultimately stripped in conference. But They wanted to revive the so-called the-clock political campaign. As any by refusing input at the start, both fairness doctrine, a kind of Federal sailor knows, a small deviation at the

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10877 start takes you far off course over President Bush said 2 weeks ago, the not for kids flipping hamburgers at time. war in Iraq has invited guests, and we McDonald’s. Sixty percent of the peo- Over the last week, we have seen would leave if asked. They are asking, ple who draw the minimum wage are some conspicuous signs of bipartisan we are not going. women. For over half those women, cooperation, including tonight, when Yesterday was a day without water that is the only money they get for the majority chose the road of coopera- in Baghdad. It was 115 degrees. There themselves and their families. tion to fix a gap in our national intel- was no water because there was insuffi- I am glad we passed the minimum ligence before we left for the August cient electric generation for water fil- wage. After 10 years, we have given recess. Americans are grateful to the tration and distribution of water. This this legislation the attention it de- majority for joining us on this critical was the sixth day in a row with vir- serves. It is an issue that deals with issue. Under the leadership of my tually no water in the capital city, this women. It does. But also it is an issue friend the majority leader, Congress huge metropolitan area, no water. Peo- that deals with people of color. The has acted on the sound principle that ple are drinking water when they can, majority of the people who draw the cooperation is a better recipe for suc- but it is contaminated, and they are minimum wage are people of color. We cess than confrontation and political getting sick. Four dead American sol- did the right thing. It is important leg- theater. All of us should be glad about diers yesterday. islation, and it is now the law. that. Meanwhile new evidence emerges by A short time ago, we finished a vote We have seen that we can accomplish the day. Prime Minister al-Maliki is on terrorism. On 9/11, it was an act of good things by working together and utterly failing to achieve the political terror that killed over 3,000 Americans. cooperating on legislation that Ameri- reconciliation the country so des- President Bush went to Ground Zero on cans support. Politics certainly has its perately needs. Even worse, there is no a number of occasions, but it was place, but it doesn’t steer this ship, at evidence he is even trying. thought we should take a look at what least it shouldn’t. There is simply too Next month the administration will really happened on 9/11. What could we much to be done, and we have seen the deliver a progress report on Iraq to us, do to better prepare for similar at- results when it does. the Congress of the United States. We, tacks? What went wrong? Why weren’t So I would not offer a grade for this of course, will take that report seri- we prepared? Congress. Others have already done ously, but it has been clear for some So we asked—we Democrats asked— that. But I will say that at the begin- time that this war and President for months and months—that went well ning of this session, I staked my party Bush’s troop escalation is a tragic fail- into more than 2 years—why don’t we to a pledge: When faced with an urgent ure. General Petraeus, whom we hear have an investigation to find out what issue, we would act. When faced with a so much about, has said time and time went wrong? This was fought by the problem, we would seek solutions, not again, the war cannot be won mili- President. Finally, after an outcry mere political advantage. That pledge tarily. Many of our colleagues on the from the survivors of the 9/11 victims still stands. We have seen what we can other side of the aisle have said for and people all over this country, we do. We have actually seen it tonight. months that September would be the were able to get a bipartisan commis- And we have reason to hope we will see turning point, that in September, if sion to study 9/11. Even though the it still. meaningful progress has not been President opposed it, we finally were I suggest the absence of a quorum. The PRESIDING OFFICER. The made, they will finally work with us to able to get this done. clerk will call the roll. reach a responsible end to the war. They recommended we do certain The legislative clerk proceeded to When we come back in September, things to make us safer. They made call the roll. the eyes of the world will be on those their recommendations, sent them to Mr. REID. I ask unanimous consent Republicans who made September their the White House, sent them to Con- that the order for the quorum call be month to draw a line in the sand. I gress, and we begged the President to rescinded. hope they would back their words up implement these recommendations. The PRESIDING OFFICER. Without with action. Democrats have done ev- They were not implemented. The 9/11 objection, it is so ordered. erything we can do. All Democrats, we Commissioners came back and graded f have done everything we can do. We the President on how he had done—Fs need some help from the Republicans and Ds on everything. IRAQ to change the course of that intrac- This Congress, in these short 7 Mr. REID. Mr. President, last week table civil war, costing the American months, has passed legislation that im- the Iraqi people celebrated a very rare people about $350 to $360 million every plements the 9/11 Commission rec- triumph, they won a soccer game. But day. We need to finally take a stand to- ommendations. There was a signing their celebration had nothing to do gether, Democrats and Republicans, to ceremony today at the White House. with decreased violence, improved dis- deliver a responsible end to the war That is now the law. It is going to tribution of water, electricity or other that the American people demand and make our country much safer. The basic necessities or, of course, political deserve and turn our military focus to problem is, it is 3 years behind sched- reconciliation. It was a soccer game. the grave and growing threats we face ule. Iraqis were celebrating their victory in throughout the world that have been We, as Democrats, recognize we had the Asian Cup soccer championship, as ignored by this administration for far elections last November. There was well they should. But even during this too long. tremendous turnover. People never be- rare moment of joy, political realities f lieved Democrats would take control of could not be ignored. After his game- the Senate. There was some talk they winning shot, team captain Younis LEGISLATIVE ACCOMPLISHMENTS would take over the House. The Senate Mahmoud told reporters he would not Mr. REID. Mr. President, my friend, was never thought to be a body that we be returning to his home country, and the distinguished Republican leader, would take over. We did. he hoped that the American forces came to the floor, talked about a num- Why did we take over the Senate? We would leave Iraq quickly. ber of things tonight. I wish to ap- have nine new Democratic Senators, The setting, a great victory for the proach things in a little different direc- one of whom is presiding over the Sen- Iraqi soccer team. Their hero, their tion. I wish to talk about what we have ate tonight. Those nine Democratic captain, says: I am not going home. I accomplished in these short 7 months. Senators campaigned on a number of am not returning to Iraq, and I want We have worked hard. We have worked issues. But the one issue they cam- the Americans out. long, hard hours, something that paigned on all over this country is to His words reflect the overwhelming hasn’t been done for a long time in this do something about the culture of cor- sentiment of the Iraqi people whose body. Let’s talk about the bills we have ruption in Washington. hopes he carried on his shoulders. A re- sent to the President of the United Why were the nine new Democrats cent poll showed that 70 percent of States that we have passed. concerned? For the first time in 131 Iraqis think American forces make Minimum wage. We hear a lot about years, someone working in the White them less safe. minimum wage, but minimum wage is House was indicted. Scooter Libby has

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10878 CONGRESSIONAL RECORD — SENATE August 3, 2007 now been convicted and pardoned by ministration wanted them to do or hard to comprehend, but that is true. the President. Mr. Safavian was ap- they had to go look for a new job. We This country is at war with the terror- pointed by the President to take care do not know the full extent of what ists, but they have prevented us from of Government contracts. He was a dis- U.S. attorneys did because of political doing an Intelligence authorization honest man. He had sweetheart deals pressure from Karl Rove and others at bill; there are a number of agencies in with other people, including Jack the White House. I do not know if we this country that handle our intel- Abramoff. He was led away from his of- will ever know. We know some of it. ligence, our spying, and they stopped fice in handcuffs and is now in prison. What else have we passed? A pay us from updating what they need to be In the House of Representatives— raise for our troops, making college able to do. controlled by the Republicans—the education more affordable. We passed They twice filibustered antisurge leg- former majority leader of the House of in our reconciliation bill the most sig- islation in Iraq, forced 45 cloture votes. Representatives was convicted three nificant change in college education So, Mr. President, we have had a very times of ethics violations. They since the GI Bill of Rights. We passed productive 7 months. I hope we can changed the rules for him. He was in- CAFE standards, raising the fuel effi- come back and do more. I have been dicted twice in Texas for crimes. Those ciency of vehicles for the first time in very happy with the last month or so. are still going forward. A number of 25 years. It appears bipartisanship is breaking Members of the House of Representa- We passed, recently—first of all, in out all over. I hope that can continue. tives are now in jail; House staff in jail. the supplemental appropriations bill, As I said yesterday, when we do some- The K Street Project. What was the we funded SCHIP, the Children’s thing good, there is a lot of credit to go K Street Project? What it was: If you Health Insurance Program, until the around. When we do not do anything, were a lobbyist downtown, you had to 1st of October. And here, yesterday, we there is a lot of blame to go around. do what DeLay and the boys in the passed health insurance for children. f House wanted you to do or you could The Wounded Warriors legislation not get a job down there. They had to passed; a balanced budget with pay as THANKING STAFF approve who was hired on K Street. you go. What does that mean? We Mr. REID. Mr. President, I extend my That is what we call the ‘‘lobbyist passed a budget. The Republicans, for 3 appreciation to our valiant staff. I wish fiefdom.’’ years they had a majority of 55 to 45, them a very pleasant August. They So there was a reason the nine new and they could not pass a budget. We worked so hard, along with us. We Democratic Senators wanted us to did it with a majority of 1—50 to 49. It could not do our work without them. move forward quickly on ethics and is balanced, it is pay as you go. The Re- Everyone in this body here tonight— lobbying reform. S. 1, the first bill we publicans, in the past, ran up these as- from our pages to our Parliamentar- did—the most important bill is listed tronomical debts for our country, and ians to all the clerks, court reporters, No. 1—was ethics and lobbying reform; did it with red ink. police officers—I appreciate all the and we passed it. It has been passed. It We do not do that. We gave middle- work they do. is the most sweeping ethics and lob- class tax cuts, extended the child tax f bying reform in the history of our cut, gave tax relief for small busi- FDA country. nesses, funded women’s health. We ex- I have said publicly, I say again in panded eligibility for Head Start. Mr. REID. Mr. President, one thing I front of one of the nine new Demo- We had 94 hearings addressing the failed to mention with FDA, we got a cratic Senators, thank you for bringing conduct of the war, and it is so impor- letter from the administration saying: to Washington a new culture. Yester- tant we have done that. As a result, we Go to conference on FDA. We tried. It day, when that passed, we are in that were able to take a look at the scan- was blocked by three Republicans. new culture now. dals that took place at Walter Reed, They should not have written the let- We have sent to the President bench- where our veterans were being ne- ter to me. They should have written it marks to measure progress in Iraq. We glected. We have things in progress we to them. sent to the President and funded mine- have passed and are waiting for con- f resistant combat vehicles. We sent to ference reports to come back. TRIBUTE TO HAZEL GETTY the President legislation giving the Na- We are going to try—we tried to pass tional Guard the equipment they need. it tonight. There was an objection to Mr. REID. Mr. President, I rise today The President went to the gulf— reauthorizing the FDA, Food and Drug to join all our Senate colleagues and Katrina—and looked at it 22 times, I Administration, WRDA, Water Re- the Sergeant-at-Arms in honoring a am told. But he would not give them sources Development Act. We passed valued, longtime Senate employee, any money. We forced the President to the competitive legislation that some Hazel Getty. Hazel will retire on Au- take what we wanted to give him in say is some of the most important leg- gust 3 from the Senate after 28 years of the supplemental appropriations bill— islation passed in this body in decades, faithful and successful service. $7 billion. And we got that to the gulf making this country more competitive For a staff member, Hazel has the un- victims. educationally and in the business usual distinction of having served ev- We got disaster relief for small busi- world. eryone in the Senate—Members, offi- nesses and farms—3 years overdue. The President has vetoed important cers, staff, the Capitol Police and the Wildfires are burning in the West as we legislation—stem cell research. Giving Architect of the Capitol, and all their speak. In Nevada, last week, we had 20 hope to millions of Americans has been constituencies from her office in the fires burning at the same time. We vetoed by the President. The President Sergeant-at-Arms Printing, Graphics have one fire we share with the State vetoed timelines for bringing our and Direct Mail, PG&DM, branch. In of Idaho that is approaching a million troops home from Iraq. her role as manager of that depart- acres burning. We got wildfire relief. And then, of course, we had a number ment, Hazel has supported the people We were able to pass a law preserving of things blocked by obstructionism of and processes which yield the many ex- the U.S. attorneys’ independence. Why the Republicans—lower priced prescrip- cellent printed products we rely on to did we do it? Well, they were firing tion drugs. We were prevented from inform, persuade and delight. Franked U.S. attorneys. The Presiding Officer being able to vote because we could not mail, floor charts, posters, the beau- was a U.S. attorney. There is an old get 60 votes, with the obstructionism of tiful ‘‘Welcome to Washington’’ books saying in the law: What are you trying the Republicans on the ability of Medi- we give to visitors, photocopying, and to do, make a Federal case out of it? care to negotiate for lower priced flag packaging are a few major services Why did we say that? Because U.S. at- drugs. Insurance companies can do it, provided by Hazel’s department, and torneys make cases you cannot beat HMOs can do it but not Medicare. That there are many more. The extremely most of the time. is wrong, and we have been blocked high quality of PG&DM products testi- But these U.S. attorneys, under this from doing that. fies to Hazel’s devotion to excellence, administration—under this corrupt ad- We were even stopped from doing an to the Senate, and to the employees ministration—had to do what this ad- Intelligence authorization bill. It is who work with her.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10879 Communication with each other and For every 1,000 young people in the county, Army, Navy, Marine Corps, and Air Force with our constituents is elemental to about 11 of them decided to join the military met or exceeded overall active duty reten- Senate business and Hazel’s group is an in 2006. tion missions. For a county of about 12,000 people, the essential communication hub here. Five of the six reserve components met or statistics magnify patriotic values, as well exceeded their Reserve forces recruiting They are our partners in governance as the notion that more people from goals in June. The Air National Guard was and under Hazel’s leadership have per- Edmonson County are leaving for Bowling the only reserve component to miss its goal, formed admirably. We thank Hazel for Green and surrounding areas, according to finishing at 75 percent with 779 of its goal of her leadership and wish her a healthy leaders in the educational and business com- 1,036. The Army National Guard recruited and happy retirement. munity. 5,342 soldiers surpassing its goal of 5,338. The Mr. MCCONNELL. Mr. President, I According to military data analyzed by the Army Reserve and Navy Reserve finished at want to join the majority leader and National Priorities Project, a nonprofit re- 108 percent of their goals with 5,255 and 1,013 associate myself with his remarks re- search organization, Kentucky ranked 27th recruits, respectively. in the nation for the percentage of Army re- garding the contributions of Hazel The Marine Corps Reserve recruited 1,078 cruits. Marines, surpassing its goal of 986 at 109 per- Getty to the operation of the U.S. Sen- The Army recruited 990 people from the cent. The Air Force Reserve met its goal of ate. Hazel has overseen a remarkable commonwealth last year, about a 3 percent 597 recruits. advance in the technological capabili- increase from 2005, according to NPP. Reserve forces retention numbers show ties of the Sergeant at Arms’ Printing, Earlier this month, the U.S. Department of Army National Guard retention was 107 per- Graphics and Direct Mail branch. We Defense said the Army failed to meet its goal cent of the cumulative goal of 26,405, and Air will all miss Hazel’s excellent leader- of 8,400 recruits for June by about 16 percent, National Guard retention was 98 percent of with only 7,031 nationwide joining. its cumulative goal of 8,430. Both the Army ship and gentle nature. We wish her all Brian Alexander, principal of Edmonson the best in this next chapter of her life. and Air Guard are currently at 101 percent County High School, said having options for and 99 percent of their end strength, respec- f college is one explanation for why Edmonson tively. Losses in all reserve components for County ranked high. Alexander said the lat- May are well within acceptable limits, ac- APPLAUDING EDMONSON COUNTY, est graduating class of a little over 100 KENTUCKY cording to the DOD.—Source: U.S. Depart- earned $250,000 in scholarships. ment of Defense Mr. MCCONNELL. Mr. President, I ‘‘Our kids are looking for opportunities. f rise today to applaud the patriotism Right now, the military offers substantial fi- and service of the residents of nancial opportunity to allow young men and SMALL BUSINESS CHILDREN’S women to pursue post-secondary careers,’’ HEALTH EDUCATION ACT Edmonson County in my home State of Alexander said, adding that joining the mili- Kentucky. Earlier this week, the local tary also gives young people the opportunity Mr. REID. Mr. President, the 17th Bowling Green, KY, newspaper, the to see different parts of the world. century English writer, Izaak Walton, Daily News, published an article enti- Take a look at Edmonson County’s court- said— tled ‘‘Edmonson Leads U.S. in Army house in Brownsville and it’s easy to see that Look to your health; and if you have it, Recruitment.’’ Edmonson County, lo- military organizations are very active in the praise God, and value it next to a good con- cated in the central part of the State, area, according to Edmonson County Schools science; for health is . . . a blessing that Superintendent Patrick Waddell. money can’t buy. has the highest percentage of Army re- ‘‘One of the biggest reasons we probably cruits in the country—quite an accom- have ranked high in that area is we’re a very Today in America, good health is not plishment, and a wonderful symbol of patriotic county,’’ he said. ‘‘The different free. And for many working people, the patriotism and sense of service that is services of the military are very active in cost and accessibility of quality health evident not just in Edmonson County, the county. They do a lot of programs that care has become prohibitive. but throughout the Commonwealth. are extracurricular activities in the middle A decade ago, the Congress and Presi- According to the Army, Edmonson school and high school.’’ dent Clinton made a major downpay- County ‘‘produced the most enlist- Waddell also said the percentage who go to college or a technical or trade school would ment on improving our health care de- ments for the Regular Army, Non-Prior be about the same as other districts. livery system. Service’’ as compared to the total na- ‘‘Being proud of your community and Their new approach was aimed at a tional population of 15–24 year olds. proud of your county and being proud of gap between children of very low-in- Kentucky has a proud military herit- America, that’s a very positive attribute of come families who were covered under age. The Bluegrass State is home to Edmonson County,’’ Waddell said. Medicaid and children of middle- and Sarah Childress, executive director of the widely recognized military installa- upper-income families who could fortu- tions such as Fort Knox and Fort Edmonson County Chamber of Commerce, said small-town values are alive and well in nately afford private insurance, usu- Campbell. Our Guard and Reserve units Edmonson County. ally through their employers. continue to proudly serve on the front ‘‘I’m not saying things are different here, But between the two, millions of lines of the global war on terror. The but it may have something to do with the children whose families neither qualify people of Edmonson County are car- way young people have been raised, to have for Medicaid nor can afford private in- rying on Kentucky’s longstanding his- that instilled in them at a young age, to surance are uninsured. tory of service and are proving their want to serve their country,’’ Childress said. So in 1997, the Congress passed the dedication and support as the United The appearance of a lesser amount of op- portunities in Edmonson County may be a Children’s Health Insurance Program States continues to fight the ter- small factor also, she said. to fill that void. rorism. I am proud to represent such ‘‘Anyone can go to Bowling Green, Louis- When President Clinton signed that loyal and selfless citizens. ville and Nashville and find a good job and legislation into law, he said— Mr. President, I ask that the entire commute. They can move if they want,’’ [The program] strengthens our families by Senate join me in expressing great ad- Childress said. ‘‘We don’t have a lot of indus- extending health insurance coverage to up to miration and gratitude to the people of try here.’’ 5 million children. By investing $24 billion, Edmonson County, KY, for their patri- The biggest employer in Edmonson County we will be able to provide quality medical is the board of education, followed by the care for these children—everything from reg- otism and service. I ask unanimous county’s highway department and local consent that the full article from the ular check-ups to major surgery. banks, Childress said. I want every child in America to grow up Daily News be printed in the RECORD. ‘‘There is something out there for every- There being no objection, the mate- healthy and strong, and this investment body, and Bowling Green is growing so much takes a major step toward that goal. rial was ordered to be printed in the and moving even closer to southern Today, 10 years later, the Children’s RECORD, as follows: Edmonson County,’’ he said. ‘‘There is so Health Insurance Program has been a [From the Bowling Green Daily News, July much industry going on in Bowling Green 29, 2007] there is plenty out there for everybody.’’ smashing success by any measure. Other recruiting and retention statistics With this innovative program, the EDMONSON LEADS U.S. IN ARMY RECRUITMENT for the active and reserve components last (By Ameerah Cetawayo) number of uninsured children of work- month showed: ing families has dropped by almost 35 Edmonson County, the home of nationally The Navy finished with 3,999 recruits. Its known Mammoth Cave National Park, made goal was 3,924. The Marine Corps exceeded its percent. headlines recently for another reason—hav- goal by recruiting 4,113 new Marines; its goal Today, 6.6 million children have in- ing the highest percentage of Army recruits was 3,742. The Air Force met its goal of 2,233 surance thanks to this outstanding in the country. recruits. program.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10880 CONGRESSIONAL RECORD — SENATE August 3, 2007 Many of these kids are now getting and adds an additional 3.3 million low- LEY of the Finance Committee, along regular checkups. They are benefiting income, uninsured children. with Senators ROCKEFELLER and from preventive medicine. And their It also improves the program by HATCH. primary care comes from a family doc- curbing coverage of adults in the pro- Their efforts were rewarded in the Fi- tor, not from an expensive and ineffi- gram and targeting the lowest income- nance Committee with an over- cient emergency room. eligible families as new enrollees. whelming 17–to–4 vote in favor of the Examples of this program’s success As good as this bill is, I would have bill, and I am hopeful that we will mir- can be found in every State. preferred a more robust reauthoriza- ror that here on the Senate floor. Since 1998, Terry Rasner of Reno, NV, tion. All too often, we hear about what has helped children in Nevada enroll in I think we should provide coverage Government can’t do. The Children’s Nevada Check Up, which is the Nevada for even more low-income children, as Health Insurance Program is a stellar Children’s Health Insurance Program. we hoped to do in the Budget Resolu- example of what it can. In a 2001 profile, Terry told of a fa- tion. This program is Government at its ther trying to care for his daughters, But we all know that legislating is best: lending a helping hand, providing ages 2 and 3, both in need of medical the art of compromise. a safety net to children who need a attention. I understand that some of my col- boost to reach their full potential. With Terry’s help, the father’s appli- leagues balked at a larger bill, and I couldn’t be prouder to support this cation for coverage of his daughters while I am disappointed, I am satisfied outstanding program, and I urge all of was approved within 2 weeks. At the that this bipartisan compromise will be my colleagues to do the same. girls’ first doctor’s appointment, one a positive step toward better health ∑ Mr. KERRY. Mr. President, last was diagnosed with a severe heart con- care for those who need it most. night, the Senate voted to reauthorize dition and was immediately scheduled There is a rival bill that is called the the vitally important State Children’s for surgery. CHIP alternative bill. But this bill is Health Insurance Program, SCHIP. The Terry recalled the father telling her no alternative. legislation, approved by a vote of 68 to staff that this program—funded feder- It will leave many families without 31, demonstrates the Democratic ma- ally and put into action locally—had any options for coverage. It will turn jority’s commitment to expanding this literally saved this little girl’s life. back the clock on all the progress the successful health insurance program And Terry remembered the joy they program has made over the past 10 and made a loud and clear statement all shared—the father, the girls and the years. It is not worthy of our support. regarding the importance of children’s program staff. Some of my colleagues share my feel- health as a national priority. During But Terry was quick to point out in ings that we could have done more. debate on this bill, I offered an amend- a recent email that this story is just Still others feel this bill is too gen- ment to add $15 billion in additional one example. erous in that it provides coverage for funding to cover over a million addi- She went on to write: too many uninsured children. tional low-income children. Unfortu- There are many stories of children as old But the bill before us now has broad nately this amendment was not adopt- as 11 and 12 who were finally able to visit a support, and back in 2004, during his re- ed, however I am grateful to my col- dentist for the first time in their lives. election campaign, President Bush leagues for voting to include as part of Stories of families who finally felt whole shared the goals that this bill achieves. H.R 976 the Small Business Children’s because they could access affordable medical Health Education Act, which I intro- and dental care for their children. He said during the campaign— School nurses who were acutely involved In a new term, we will lead an aggressive duced in June with Senators SNOWE in supporting and promoting this program effort to enroll millions of poor children who and LEVIN. This amendment directs the from the outset because they were on the are eligible but not signed up for government Federal Government to make a con- frontlines of failed programs—or no pro- health insurance programs. We will not certed effort to reach out to small busi- grams at all—to address the medical and allow a lack of attention, or information, to ness owners and employees to enroll el- dental needs of children of low-income work- stand between these children and the health igible children in SCHIP. ing families. care they need. In February of 2007, the Urban Insti- One child in particular was so bad off, he Now, just 3 years later, President tute reported that among those eligible was unable to eat and chew food due to the dramatic decay and gum morbidity in his Bush seems to be singing a different for the State Children’s Health Insur- mouth. Imagine, children for the first time tune. He is now threatening to veto ance Program, children whose families in their lives actually getting to see a doctor this legislation for what he calls ‘‘phil- are self-employed or who work for or dentist that their parents were able to af- osophical reasons.’’ small business concerns are far less ford. What is the impact of this legisla- likely to be enrolled. Specifically, one Stories like this—examples of the tion? out of every four eligible children with Children’s Health Program saving A ‘‘no’’ vote denies the most vulner- parents who work for a small business lives—are being told across America, able children in our society the chance or who are self employed are not en- and the statistics bear that out. to live healthy lives. rolled. This statistic compares with Study after study shows that: kids A ‘‘yes’’ vote gives 10 million chil- just one out of every 10 eligible chil- enrolled in the Children’s Health Insur- dren the protection of health care and dren whose parents work for a large ance Program are much more likely to all the opportunities of a healthy, well- firm. have regular doctor and dental care; cared-for life. We need to do a better job of inform- they report lower rates of unmet need I can’t imagine any of my col- ing and educating America’s small for care; the quality of care they re- leagues—or the President—telling a business owners and employees of the ceive is far better than it was before; child: You can’t have health coverage. options that may be available for cov- school performance improves; the plan You have to stop seeing your doctor. If ering uninsured children. To that ef- is helping to close the disparity in care you get sick, your parents will have to fect, the Small Business Children’s for minority children; and it has be- take you to the emergency room. Health Education Act creates an inter- come a major source of care for rural If that were to happen—if the Con- governmental task force, consisting of children. gress were to reject the program or the Administrator of the Small Busi- So, Mr. President, there is no doubt— President Bush were to veto it for so- ness Administration, the Secretary of no question at all—that the Children’s called philosophical reasons—they Health and Human Services, the Sec- Health Insurance Program is good for would be putting the health of millions retary of Labor and the Secretary of kids, good for families and good for of children at risk. Treasury, to conduct a campaign to en- America. But I am hopeful that will not hap- roll kids of small business employees Today before us is legislation to re- pen. This bill was forged through bipar- who are eligible for SCHIP and Med- authorize and improve the Children’s tisanship and a genuine pursuit of com- icaid but are not currently enrolled. To Health Insurance Program. mon ground. educate America’s small businesses on This bill maintains coverage for the I so appreciate the work of Chairman the availability of SCHIP and Med- 6.6 million children currently enrolled BAUCUS and Ranking Member GRASS- icaid, the task force is authorized to

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10881 make use of the Small Business Admin- over 10 years, it is fully offset and We also have a moral obligation to istration’s business partners, including would cover over 3 million more chil- provide assistance to the very poor, the Service Corps of Retired Execu- dren. This program, according to CBO even if they do not have children. When tives, the Small Business Development and numerous economists, is the most we talk about childless adults in CHIP, Centers, Certified Development Compa- efficient method of getting health care we are talking about the very poorest nies, and Women’s Business Centers, insurance to low-income kids and par- of the poor. Most of the childless adults and is authorized to enter into memo- ents, and that means CHIP provides in the program live well below 100 per- randa of understanding with chambers the best coverage available for low-in- cent of Federal poverty. An adult at 50 of commerce across the country. come families. percent of the Federal poverty level Additionally, the Small Business Ad- In my home state of Wisconsin, CHIP must attempt to survive on less than ministration is directed to post SCHIP is known as BadgerCare and it provides $500 per month. This is not enough to and Medicaid eligibility criteria and health insurance for over 67,000 fami- afford adequate food and shelter, let enrollment information on its website, lies. My State has done an incredible alone health insurance, in any State. and to report back to the Senate and job of covering uninsured families, and We all know a single visit to the emer- House Committees on Small Business the positive effects of this program are gency room can cost more than some- regarding the status and successes of felt at schools, in the workforce, and at one in this situation makes in a year. the task force’s efforts to enroll eligi- home. This bill helps support Wiscon- Providing coverage to childless adults ble kids. sin’s efforts and provides low-income increases their ability to see a doctor I would like to thank Finance Com- children in my State with better access when a problem is small, at a signifi- mittee Chairman BAUCUS and Ranking to preventive care, primary care, and cantly lower cost than if care is de- Member GRASSLEY for their work to in- affordable care. The end result is layed, the problem is exacerbated, and clude this amendment in the SCHIP healthier families. BadgerCare is vital the result is an emergency room visit. Reauthorization Act. I look forward to to the well-being of many families in Covering poor individuals helps to curb working with our colleagues in the Wisconsin and I am very pleased that the cost of health care and health in- House of Representatives to send the this bill supports the program in my surance for all of us, because we all President a bill that goes a long way State, including Wisconsin’s choice to bear emergency room costs through toward what should be our unified goal: cover parents of CHIP and Medicaid higher hospital and physician charges to cover every child in America. children. and then through increased health in- surance premiums. f The ability to cover adults in CHIP continues to be a priority for States I strongly believe we should continue (At the request of Mr. REID, the to cover current populations. CHIP has like Wisconsin. Many States extend folowing statement was ordered to be allowed states to mold the program to coverage to low-income adults and par- printed in the RECORD.) meet their specific needs, and while we ents of children enrolled in SCHIP. may not all agree with what each State FISA This coverage has been given prior Fed- chooses to do, we should respect that ∑ Mr. KERRY. Mr. President, I was eral approval—including in the Bush decision. Additionally, we should never necessarily absent from the votes re- administration—and has significantly impose policies on States that would lated to the reauthorization of FISA. I lowered the rate of uninsurance in our result in a higher number of uninsured strongly support the critical efforts to states. Wisconsin provides family- for the State. It is bad policy, and it’s protect our national security and, as I based coverage, which is an important the wrong thing to do. have repeatedly stated in the past, I determinant in children’s coverage and Another issue critical to children’s want the Federal Government to do all use of services. health is to ensure that unnecessary or that it can to aggressively pursue al- We know from numerous reports that burdensome barriers to enrollment are Qaida and other terrorist organiza- when we cover parents, we bring more removed. The onerous citizenship docu- tions. I believe the legislation devel- uninsured children into the program as mentation requirements established in oped by Senators ROCKEFELLER and well. States like Wisconsin have prov- the 2005 Deficit Reduction Act, DRA, LEVIN achieves these goals without tar- en this time and again. No child is left are keeping hundreds of thousands of geting American citizens without court off the rolls because a parent is cov- eligible beneficiaries from the health authorization. I believe the approach ered. Covering parents means covering care they need. This provision has cre- by Senators ROCKEFELLER and LEVIN more kids—bottom line. Wisconsin ated a serious new roadblock to cov- will give the intelligence community chose to cover parents because re- erage. As a result of the provision, all the tools it needs to protect our na- search shows that it is the best way to which requires U.S. citizens to docu- tional security while maintaining the bring low-income children into ment their citizenship and identity independence of the FISA Court. This BadgerCare. This choice was wisely when they apply for Medicaid or renew legislation will give the intelligence supported by this administration this their coverage, a growing number of community the tools they need to col- May as CMS approved parent coverage States are reporting a drop in Medicaid lect foreign-to-foreign intelligence in BadgerCare for another 3 years. De- enrollment, particularly among chil- communications. It will compel com- spite all the evidence and the wide- dren, but also among pregnant women pliance from communications pro- spread support for this policy, a num- and low-income parents. Health care viders. It will allow the intelligence ber of Senators wanted to remove all coverage is being delayed or denied for community to collect all foreign intel- adults from the CHIP program. tens of thousands of children who are ligence information. I hope my col- I worked with the Senate Finance clearly citizens and eligible for Med- leagues support this important legisla- Committee and a number of other Sen- icaid but who cannot produce the lim- tion.∑ ators who represent States like Wis- ited forms of documentation prescribed Mr. FEINGOLD. Mr. President, last consin on an agreement that will allow by the regulations. These children are night, the Senate was able to success- our States to keep families in the CHIP having to go without necessary med- fully pass the reauthorization of a pop- program. I am grateful to my col- ical care, essential medicines and ular program that has reduced the leagues Senator BAUCUS and Senator therapies. In addition, community number of uninsured children in our ROCKEFELLER for working with me to health centers are reporting a decline country by over 6 million. The Chil- help Wisconsin keep parents on the in the number of Medicaid patients due dren’s Health Insurance Program has rolls while also bringing additional to the documentation requirements helped lower the rate of uninsured low- tens of millions of dollars to the State. and are faced with treating more unin- income children by one-third since its The agreement reflected in this bill en- sured patients as a result. enactment in 1997. That is a huge ac- sures that Wisconsin will not have to In Wisconsin, more than 26,000 indi- complishment, and has helped address drop a single person from the insurance viduals—half of whom were children a problem in our country that is unac- rolls, and will even be able to expand under age 16—lost Medicaid or were de- ceptable—the millions of families lack- coverage to more people in the State. I nied coverage solely because they ing insurance. Moreover, while the bill am happy to support this agreement could not satisfy the federal docu- has a pricetag of roughly $40 billion regarding parents today. mentation requirements. About two-

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10882 CONGRESSIONAL RECORD — SENATE August 3, 2007 thirds of these people are known by the a stalemate, refusing to give this life- cold. For millions of parents, every state to be U.S. citizens; most of the threatening problem its due attention. slight sniffle or aching tooth could remainder are likely to be citizens as We need a way to break that deadlock, mean the difference between paying well, but have yet to prove it. and that is why last April, I introduced the rent or paying for medical care. A study of 300 community health cen- a bill with the Senator from South It is our national shame that nine ters, conducted by George Washington Carolina, LINDSEY GRAHAM, that will million children wake up every day University, found that the citizenship do just that the State-Based Health lacking any form of health insurance. documentation requirements have Care Reform Act. For their parents, the lack of access to caused a nationwide disruption in Med- Senator GRAHAM and I are from oppo- health insurance means a regular icaid coverage. Researchers estimate a site ends of the political spectrum, we check up is sidelined, a dental exam loss of coverage for as many as 319,500 are from different areas of the country, goes unscheduled, or an early diagnosis health center patients, which will re- and we have different views on health of a chronic condition such as asthma sult in an immediate financial loss of care. But we agree that something or diabetes is postponed. For families, up to $85 million in Medicaid revenues. needs to be done about health care in such delays in access to proper health The loss of revenue hampers the ability our country. In short, our bill estab- care set the stage for children to grow of safety net providers to adequately lishes a pilot project to provide States up underperforming in school, devel- respond to the medical needs of the with the resources needed to imple- oping preventable or treatable condi- communities they serve. ment universal health care reform. The tions, or worse, permanent disability In addition to consequences suffered bill does not dictate what kind of re- or even premature death. by eligible U.S. citizens, states have re- form the States should implement, it The lack of health insurance goes be- ported incurring substantial new ad- just provides an incentive for action, yond poor health outcomes. Health in- ministrative costs associated with im- provided the States meet certain min- surance is inextricably linked with al- plementing the requirement. They imum coverage and low-income re- leviating child poverty. Low-income have had to hire additional staff, retool quirements. families without insurance often get computer systems, and pay to obtain Even though Senator GRAHAM and I stuck in an endless cycle of medical birth records. States are also reporting support different methods of health debt. Personal debt due to medical ex- that the extra workload imposed by care reform, we both agree that this penses is a primary cause of bank- the new requirement is diverting time legislation presents a viable solution to ruptcy filings in this country. Parents and attention that could be devoted to the logjam preventing reform. already struggling to make ends meet helping more eligible children secure This bipartisan legislation harnesses should not have to choose between buy- and retain health coverage. the talent and ingenuity of Americans ing medication for their children and States are in the best position to de- to come up with new solutions. This putting food on the table. cide if a documentation requirement is approach takes advantage of America’s I commend the chairman and ranking needed and, if so, to determine the greatest resources—the mind power member of the Finance Committee for most effective and reasonable ways to and creativity of the American peo- working so hard to put together a bill implement it. States that do not find it ple—to move our country toward the that will benefit the lives of millions of necessary to require such documenta- goal of a working health care system children and their families. Through tion could return to the procedures with universal coverage. With help their leadership and that of Senators they used prior to the DRA and avoid from the Federal Government, States HATCH, ROCKEFELLER, KENNEDY and the considerable administrative and fi- will be able to try new ways of cov- many others, since the Children’s nancial burdens associated with imple- ering all their residents, and our polit- Health Insurance Program was first en- menting the DRA requirement. Most ical logjam around health care will acted, the number of uninsured chil- importantly, these states could avoid begin to loosen. dren has decreased by one-third. The creating obstacles to Medicaid cov- We are fortunate to live in a country bill passed by the Senate is an impor- erage for eligible U.S. citizens. that has been abundantly blessed with tant vote for children. Although I sup- Despite significant support for allow- democracy and wealth, and yet there ported efforts to broaden the bill to ing states to determine the best way to are those in our society whose daily cover an additional one million unin- document citizenship, that complete health struggles overshadow these sured children, the bill passed by the fix is not included in the underlying blessings. Over the past few days, my Senate is a tremendous investment in bill. The restrictions are eased, and colleagues have shared tragic stories of the health and future of our children. this is an important first step, but I children who have suffered as a result Specifically, this bill continues pro- hope we can continue to move forward of being uninsured, and we have lis- viding coverage for 6.6 million children on this issue and return this require- tened to the heartwarming stories of currently enrolled in CHIP and pro- ment to a State option. I am pleased families who have—quite literally— vides coverage for 3.2 million children that this is done in the CHIP reauthor- been saved by the Children’s Health In- who are currently uninsured today. It ization in the House version of this leg- surance Program. The Children’s will reduce the number of uninsured islation, and I hope that as we continue Health Insurance Program reauthoriza- children by one third over the next 5 to work to support children’s health tion marks an important leap forward years. care, we will also work to remove bar- in getting coverage to those who need In my own State of Connecticut, our riers to enrollment that are preventing it. I was pleased to support this bill’s CHIP program, commonly known as our children from receiving the care final passage, and I look forward to the HUSKY B, has brought affordable they need. day that everyone in our country has health insurance to more than 130,000 In addition to these issues that we access to the basic right of health care. children in working families since its considered in the Children’s Health In- Mr. DODD. Mr. President, I am in inception in 1998. H.R. 976 is essential surance Program Reauthorization, I strong support of H.R. 976, the Small to states like Connecticut so that they would like to talk about the bigger pic- Business Tax Relief Act. There are few may continue to operate programs like ture of health care reform. There is a more important issues facing the Sen- HUSKY B and build on their proven crisis facing our country, a crisis that ate than the health and well-being of success to insure even more children. directly affects the lives of over 45 mil- our nation’s children. The vote to pass I am additionally very pleased that lion people in the United States, and this legislation is a vote for children. It my Support for Injured Servicemem- that indirectly affects many more. The is a vote to do what’s right for our na- bers Act amendment was included in crisis is the lack of universal health in- tion’s youth. the final SCHIP bill. This amendment surance in America. It is consistently As the father of two young daugh- provides up to 6 months of Family and the number one issue that I hear about ters, I know the importance of having Medical Leave Act, FMLA, leave for in Wisconsin, and it is the No. 1 issue the peace of mind to know that if one family members of military personnel for many Americans. Nevertheless, the of them gets sick they have the health who suffer from a combat-related in- issue has been largely ignored in the insurance coverage that will provide jury or illness. FMLA currently allows Halls of Congress. We sit idle, locked in for them if they break a bone or get a three months of unpaid leave. Fourteen

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10883 years ago, FMLA declared the principle way of children’s access to critically water and are a necessary drinking that workers should never be forced to needed health care. water source for nearly 40 million choose between the jobs they need and f Americans. Increasing pollution going the families they love. In the years into the Lakes should worry us all. BRITISH PETROLEUM REFINERY since its passage, more than 50 million Twenty-five percent of the U.S. and Ca- Americans have taken advantage of its Mr. DURBIN. Mr. President, today I nadian populations are within the wa- provisions to care for a sick love one, rise to speak about the proposed expan- tershed of the Great Lakes. or recover from illness themselves, or sion of a British Petroleum refinery in Congress appreciates the value of welcome a new baby into the family. Whiting, IN. BP Amoco has requested, this resource. More than 30 Federal Mr. President, if ordinary Americans and received, a permit to increase the laws have been enacted that specifi- deserve those rights, how much more pollution it dumps into Lake Michigan. cally focused on restoring the Great do they apply to those who risk their Under this new permit, BP’s ex- Lakes basin. lives in the service of our country? Sol- panded facility will release 54 percent Government at all levels is working diers who have been wounded in our more ammonia and 35 percent more to prevent industrial pollution, sewage service deserve everything America suspended solids which contain heavy discharges, invasive species and water can give to speed their recoveries—but metals, including mercury, into Lake diversion. These efforts are to ensure most of all, they deserve the care of Michigan. Expanding refinery capacity that future generations will enjoy the their closest loved ones. Given the se- is an important goal and a project with beauty of our magnificent Great Lakes. verity of their injuries, and our debt of many benefits, but we shouldn’t do this Dumping more pollution into one of gratitude, our servicemembers need at the expense of one of our most pre- our most important sources of fresh more. That is exactly what is offered in cious natural resources. water is a bad idea. The people in my the Support for Injured Servicemem- Congress passed the Clean Water Act State recognize that. They are willing to restore and maintain the integrity bers Act. to forgo the modest increase in refin- of our Nation’s waters. The express Senator Bob Dole and former Sec- ery expansion to protect Lake Michi- goal of the law is to reduce the amount retary of Health and Human Services gan. Donna Shalala have been instrumental of pollutants entering the Nation’s wa- At a time when fresh water sources terways. The Clean Water Act went so in this effort as well, through their are threatened here and around the far as to set a very specific target of thoughtfulness and work on the Presi- globe, we should demand more espe- reaching zero pollutants going into the dent’s Commission on Care for Amer- cially from corporate leaders who flash waters by 1985. Zero discharges. We cer- ica’s Returning Wounded Warriors. It’s public relations campaigns about mov- not surprising that the Commission tainly have not met that target. But we have been trying to move to- ing ‘‘beyond petroleum.’’ BP is not a found that family members play a crit- ward it. Now, BP wants to increase its struggling small business. In the past ical role in the recovery of our wound- pollution into Lake Michigan. BP has three years, BP Corporation has earned ed servicemembers. The commitment spent millions and millions of dollars net profits of over $60 billion. If anyone shown by the families and friends of to ‘‘green’’ its image. This company has the resources to find alternatives, our troops is truly inspiring. According has effectively changed its name from it is BP Amoco. to the Commission’s report, 33 percent ‘‘British Petroleum’’ to ‘‘Beyond Pe- We respectfully ask BP to live up to of active duty servicemembers report troleum.’’ the image it has worked so hard to cre- that a family member or close friend Yet with this ‘‘green’’ image, BP ate and use some of the resources they relocated for extended periods of time turns around and asks for a permit to have to prevent additional pollution to help their recoveries. It also points dramatically increase the amount of from entering our drinking water. out that 21 percent of active duty pollutants it dumps into Lake Michi- Please protect our natural resource, servicemembers say that their friends gan. BP has worked very hard to make don’t degrade it. or family members gave up jobs to find the American public think that the f the time. company is an environmental steward, MENTAL HEALTH PARITY ACT I am pleased that Senator CLINTON is that it is a responsible and sustainable the lead co-sponsor of my amendment. company. And it does have some very Mr. CASEY. Mr. President, I rise FMLA was the very first bill that good initiatives, but BP stands to lose today to clarify my support for S. 558, President Clinton signed into law, and this image by insisting on dumping the Mental Health Parity Act of 2007. I am grateful that his wife, Senator more pollution into Lake Michigan. This bipartisan legislation introduced CLINTON, continues to support the prin- A Chicago Sun Times article this by Senators DOMENICI and KENNEDY, ciples that I have been fighting for over week referred to BP as ‘‘Big Pol- seeks to provide parity between health 20 years. I am pleased that Senators luters.’’ I don’t think that is what the insurance coverage of mental health DOLE, GRAHAM, KENNEDY, CHAMBLISS, company wants. benefits and benefits for medical and REED, MIKULSKI, MURRAY, SALAZAR, The CEO of BP met with me last surgical services. I join my colleague, LIEBERMAN, MENENDEZ, BROWN, NELSON week. I asked him to take another look the senior Senator from Pennsylvania, of Nebraska, and CARDIN are co-spon- at the technology that is currently Mr. SPECTER, in establishing for the soring this amendment. I thank Sen- available to decrease the amount of record today the reasons for our joint ator BAUCUS and Senator GRASSLEY for ammonia and total suspended solids support for this bill. I also thank accepting this important amendment that will be introduced into Lake Chairman KENNEDY and Senator and appreciate the support of all of my Michigan. I encouraged BP to find a DOMENICI for joining us in this discus- colleagues in this effort. better solution. sion. Mr. President, I am troubled by the I am calling on BP to live up the Mr. SPECTER. I thank my colleague comments from the Bush administra- standard it has set for itself as a cor- Senator CASEY. Mr. President, as a co- tion about this bill. It is a bill to help porate steward of the environment and sponsor of S. 558, I am pleased that the children and an overwhelming majority to stop any additional pollution from Senate is taking up this important leg- of members on both sides of the aisle being discharged into Lake Michigan. islation. I thank Health, Education, have voted to support that goal. The The Great Lakes are a tremendous Labor, and Pensions, HELP, Com- CHIP Program is a model of success and valuable resource. The lakes are a mittee Chairman KENNEDY, Senator and this bill provides sustainable and largely closed ecosystem that has a DOMENICI, who along with HELP Com- predictable health care coverage for very long water retention time. It mittee Ranking Member ENZI and oth- low income children regardless of their takes 106 years for water to be com- ers, have worked to establish mental health status. One day soon, the Presi- pletely flushed through Lake Michigan. health parity for millions of American dent will make a decision on whether Pollutants that are introduced into the citizens. to sign CHIP reauthorization into law. lake are likely to stay there for a long Mr. KENNEDY. I thank my col- At that moment, all Americans will time. leagues from Pennsylvania and appre- know whether the President stands for The Great Lakes contain more than ciate their dedication to and support children or would rather stand in the 20 percent of the Earth’s surface fresh for the cause of mental health parity. I

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10884 CONGRESSIONAL RECORD — SENATE August 3, 2007 welcome this opportunity to discuss GEORGETOWN UNIVERSITY Mr. SPECTER I thank Chairman this critical legislation. HEALTH POLICY INSTITUTE, KENNEDY and Senator DOMENICI. Why Mr. DOMENICI. I concur with Sen- August 3, 2007. doesn’t the Mental Health Parity Act ator KENNEDY and look forward to Sen- Hon. ROBERT P. CASEY, Jr., have its own preemption provision? U.S. Senate, Russell Senate Office Building, ate action on S. 558. Mr. KENNEDY It is our intention to Mr. CASEY. Mr. President, the Men- Washington DC. Hon. ARLEN SPECTER, establish a Federal floor and not a Fed- tal Health Parity Act of 2007 amends eral standard or Federal caps. Thus, we the Employee Retirement Income Se- U.S. Senate, Hart Senate Office Building, Washington, DC. decided to use the already-existing lan- curity Act, ERISA, and the Public DEAR SENATOR CASEY AND SENATOR SPEC- guage and standard found within part 7 Health Service Act to require a group TER: This is a response to a request for an of ERISA, which is where the current health plan that provides both medical analysis of the preemption provisions in the mental health parity law already re- and surgical benefits and mental Mental Health Parity Act of 2007 (S. 558 as amended 8/3/07 Managers’ Amendment). sides, and where S. 558 will be codified. health benefits to ensure that: (1) the This law contains the narrowest pos- financial requirements applicable to The changes made to the preemption sec- tion in S. 558 mean that the current HIPAA sible preemption language, and is such mental health benefits are no federal floor standard would apply to the meant to preempt only those state more restrictive than those of substan- new Mental Health Parity law (just like it laws that are less beneficial to con- tially all medical and surgical benefits applies to the current law passed in 1996). sumers and insured, from the stand- covered by the plan, including This would mean that more protective (of consumers) state insurance laws would apply point of the consumer and insured, deductibles and copayments; and (2) than this new Federal law. the treatment limitations applicable to to insurers that sell coverage to employers. such mental health benefits are no This bill would also mean new federal pro- Mr. CASEY The Health Insurance tections for people in self-insured ERISA more restrictive than those applied to and Portability Accountability Act, plans. HIPAA, preemption standard that will substantially all medical and surgical This would be a tremendous victory for pa- benefits covered by the plan, including tients who need coverage for mental health apply prevents State laws that ‘‘pre- limits on the frequency of treatments services. This approach continues the public vent the application of requirements of or similar limits on the scope or dura- policy established in 1996 in HIPAA—an ap- this part,’’ which refers to part 7 of tion of treatment. proach that allows states to be more protec- ERISA. Do the medical management Mr. SPECTER. In 1989, in the Com- tive of consumers while setting a federal provisions of section 712A(b) constitute monwealth of Pennsylvania, the State minimum set of protections for workers and ‘‘requirements of this part’’ that might their families. preempt State laws under this stand- legislature passed a bill, Pennsylvania While not every word or phrase is perfect Act 106, which requires all commercial (meaning not 100% litigation proof), using ard? group health insurance plans and the current HIPAA preemption standard Mr. DOMENICI No. Section 712A(b) health maintenance organization’s to would certainly make it difficult to win a says that managed care plans ‘‘shall provide a full continuum of addiction case that seeks to challenge more protective not be prohibited from’’ carrying out treatment including detoxification, state insurance law. certain activities. It does not require If enacted, this bill would provide much residential rehabilitation, and out- needed minimum protections for people in them to do so, and this is not a ‘‘re- patient/partial hospitalization. The self-insured ERISA plans who currently are quirement of this part.’’ This section only lawful prerequisite to this treat- not protected by states because of ERISA recognizes that plans have flexibility. ment and to coverage is certification preemption. It also raises the bar for insured It is not our intention to preempt any to need and referral from a licensed products. State laws that regulate, limit, or even physician or psychologist. Such certifi- If you have additional questions, please prohibit entirely the medical manage- cations and referrals in all instances contact me at 202–784–4580. ment of benefits. That is one of the control the nature and duration of Very truly yours, reasons we are using a preemption MILA KOFMAN, J.D., treatment. I support existing Pennsyl- Associate Research Professor. standard—the existing HIPAA standard vania law and, before agreeing to sup- that so clearly does not preempt such a Mr. CASEY. In the letter, Professor port S. 558, assured myself that S. 558 law. Kofman writes: will not serve to supplant greater Mr. SPECTER Would a State law Pennsylvania protections for those The changes made to the preemption sec- tion in S. 558 mean that the current HIPAA that establishes a physician or psy- seeking treatment for substance abuse. federal floor standard would apply to the chologist’s certification, as the only Mr. CASEY. I join my esteemed col- new Mental Health Parity law (just like it lawful prerequisite to managed care league in having assured myself that S. applies to the current law passed in 1996). coverage of a particular treatment, be 558 will not serve to preempt in any This would mean that more protective (of preempted? way the services and benefits provided consumers) state insurance laws would apply to the citizens of Pennsylvania by to insurers that sell coverage to employers. Mr. KENNEDY Such a law is not pre- Pennsylvania Act 106. I know that our This bill would also mean new federal pro- empted, and it is not our intention to offices have collaborated extensively in tections for people in self-insured ERISA preempt any such law. plans. Mr. CASEY What about a State law this analysis and have consulted with This would be a tremendous victory for pa- HELP Committee staff and Senator tients who need coverage for mental health requiring insurers or managed care DOMENICI’s staff, and that our views are services. This approach continues the public companies to cover an entire con- borne out by extensive legal and schol- policy established in 1996 in HIPAA—an ap- tinuum of care? arly analysis of the preemptive provi- proach that allows states to be more protec- Mr. DOMENICI Mr. President, it is sions of S. 558. tive of consumers while setting a federal my understanding that such a law Mr. KENNEDY. I can assure the Sen- minimum set of protections for workers and would not be preempted. S. 558 is a their families. ators from Pennsylvania that we have If enacted, this bill would provide much Federal floor, and nothing in such a labored to ensure that S. 558 will serve needed minimum protections for people in State law Senator CASEY describes only to benefit States and the coverage self-insured ERISA plans who currently are would prevent the application of any that citizens receive. not protected by states because of ERISA requirements of part 7 of ERISA. EN- Mr. CASEY. I thank Chairman K preemption. It also raises the bar for insured Mr. SPECTER Would State laws that NEDY and Senator DOMENICI, and I note products. place coverage decisions squarely in in particular that Professor Mila Mr. SPECTER For the purpose of fur- the hands of treating clinicians be pre- Kofman, Associate Research Professor, ther clarifying congressional intent of empted? Health Policy Institute, Georgetown S. 558 and its application to state law University, wrote to Senator SPECTER and specifically Pennsylvania Act 106, Mr. KENNEDY Absolutely not. and myself on August 2, 2007, extolling will the senior Senator from Massachu- Mr. CASEY Focusing specifically on the benefits of S. 558. I ask unanimous setts and the senior Senator from New Pennsylvania, as you may be aware, consent to print in the RECORD Pro- Mexico yield for questions from Sen- the citizens of Pennsylvania just re- fessor Kofman’s letter. ator CASEY and myself? ceived a significant court victory from There being no objection, the mate- Mr. KENNEDY I will be happy to do the Commonwealth Court, upholding a rial was ordered to be printed in the so. Pennsylvania law that was previously RECORD, as follows: Mr. DOMENICI As will I. mentioned here, Pennsylvania Act 106.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10885 That State law and the recent decision United States is losing the educational ation of a mentoring program designed in The Insurance Federation of Penn- battle with Germany, China, and to recruit and train science, tech- sylvania, Inc. v. Commonwealth of Japan. In the United States, only 32 nology, and engineering professionals Pennsylvania Insurance Department, percent of graduates hold a degree in to mentor women, and other underrep- removes managed care barriers to ad- science and engineering, while Ger- resented minorities, in these fields. We diction treatment. What effect will S. many boasts 36 percent of graduates need to ensure that we do not neglect a 558 have on that State law, or on State with degrees in science and engineer- segment of the U.S. population, but efforts to enforce that law or to find ing. Outpacing both the United States rather maximize all of this country’s remedies for violations of that law? and Germany is China, with 59 percent great human resources. Mr. KENNEDY This bill would have of graduates with degrees in math and A strong national investment in no effect upon that law. science, and Japan with 66 percent. science, education, and technology pro- Mr. CASEY Would any State laws be The America COMPETES Act em- vides opportunities for Americans to preempted? bodies bipartisan, bicameral multi- succeed in a whole array of disciplines Mr. DOMENICI Yes, State law re- committee efforts in responding to the and professions. Technology and inno- quirements that would prevent the ap- Nation’s defining economic challenge vation influence many policy problems plication of a requirement of S. 558 by, of how to remain strong and competi- such as a changing telecommuni- for example, endorsing a less con- tive in the face of emerging challenges cations landscape, potential improve- sumer-friendly level of coverage or from India, China, and the rest of the ments to our transportation infrastruc- benefits. For example, a State law that world. ture, and the need for advanced tech- prohibited an insurance company from The America COMPETES Act ad- nologies to increase our energy inde- selling policies providing for full parity dresses programs within several sci- pendence. The America COMPETES in coverage for mental health services entific agencies of which the Senate Act directs the Nation on the path to and medical/surgical services would be Committee on Commerce, Science, and preserve and improve its workforce. preempted. Transportation has jurisdiction. With- This bill demonstrates that Americans Mr. CASEY Would the current legis- in the Department of Commerce, the are not taking their traditional tech- lation, S. 558, have any effect on any National Institutes of Standards and nological and economic dominance for provisions of Pennsylvania Act 106, or Technology, NIST, promotes U.S. inno- granted but are continually working to on any State efforts to enforce provi- vation and industrial competitiveness improve and lead sions of that law or to find remedies for by advancing measurement science, Mr. CARDIN. Mr. President, I am pleased that last night the Senate violations of any provisions of that standards, and technology. The legisla- passed the conference report that ac- law? tion before us would double the agen- Mr. KENNEDY It would have no ef- cy’s funding over the next 10 years. We companies H.R. 2272, the America COM- PETES Act of 2007. Innovation result- fect. Pennsylvania’s Act 106 is an ex- also create a new program, the Tech- ing from Americans’ genius and gift for ample of the kind of consumer protec- nology Innovation Program, which will innovation has revolutionized the glob- tion law that is not preempted by the support high-risk, high-reward re- al economy and workplace as well as federal floor created in S. 558. search. This was one of the major rec- all our everyday lives. Mr. SPECTER I appreciate this dis- ommendations of the National Acad- Unfortunately, our education system cussion with my colleague from Penn- emies report, ‘‘Rising Above the Gath- has failed to keep pace; now, many of sylvania, Chairman KENNEDY and Sen- ering Storm.’’ our Nation’s schools are unable to pro- Also within the Department of Com- ator DOMENICI. I thank Chairman KEN- vide their students with the scientific, merce, the National Oceanic and At- NEDY, Ranking Member ENZI, Senator technological, engineering, and mathe- mospheric Administration, NOAA, con- DOMENICI and others on the HELP matical knowledge and skills the 21st Committee who have worked so hard to ducts significant basic atmospheric and century economy demands. Without establish these critical benefits for oceanographic research, including cli- well-trained people and the scientific citizens across our great country. And mate change research. Some have ar- and technical innovations they I thank them for this discussion to gued that the ocean truly is the last produce, this Nation risks losing its clarify our support for S. 558. frontier on Earth, and ocean research place as the epicenter for innovative Mr. CASEY I also want to express my and technology may have broad im- enterprise that has been one of our deepest thanks to HELP Committee pacts on improving health and under- proudest traditions. Chairman KENNEDY, Senator DOMENICI, standing our environment. Toward this I applaud Senators BINGAMAN and HELP Committee Ranking Member end, Congress included provisions on ALEXANDER and the other leading spon- Enzi, and all members and staff who NOAA research and education, as well sors of the bill for their action to en- have worked so hard to make this long as, NOAA’s continued participation in sure that this Nation remains a tech- time dream a reality. I greatly appre- interagency innovation and competi- nological leader. I was proud to join ciate this discussion and our establish- tiveness efforts. them as a cosponsor of the bill and was ment of intent regarding S. 558. The bill also includes the National proud to join them to vote for its final f Aeronautics and Space Administration, passage. NASA, in the competitiveness agenda. AMERICA COMPETES ACT I am grateful to the academic and Like the oceans, space serves to inspire business leaders, including Nancy Mr. INOUYE. Mr. President, Amer- young students and attract them to Grasmick, the Maryland State super- ica’s strength has always been in the studies in science, technology, engi- intendent of schools, and Dr. C.D. innovation, technical skill, and edu- neering, and mathematics. Mote, Jr., president of the University cation of its workforce. The economic The need for additional research of Maryland, who produced both the growth and well-being of the nation re- through the National Science Founda- National Academies’ ‘‘Rising Above the lies on the technical innovations tion, NSF, also is addressed in this bill Gathering Storm’’ and the Council on achieved by our workforce. To realize with authorization for appropriations Competitiveness’s ‘‘Innovative Amer- growth and success, the United States through fiscal year 2010. This bill ica’’ reports and recommendations that must continue to support the two crit- places NSF on track to double in 7 serve as the foundation for this critical ical components vital to the innova- years. While this is not as aggressive legislation. tion process: education and basic re- an approach as the Senate sought, it is This legislation is critical for it ad- search. Today, Congress takes a signifi- clear that Congress is united in our be- dresses the growing gap in this country cant step toward this commitment. lief that the NSF is indeed the Nation’s between what is taught in elementary The National Academy of Sciences premier scientific research enterprise. and secondary schools and the skills and the Council on Competitiveness We need to support this enterprise to necessary to succeed in college, grad- have identified science and innovation the best of our abilities, so that it can uate school, and today’s workforce. as key drivers of economic growth. The enable our scientists to continue their This gap threatens the implicit prom- United States has seen a sharp palpable discovery. Within the NSF, I am proud ise we have each made to our own chil- decline in its scientific prowess. The that the conferees supported the cre- dren and those whom we represent: get

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10886 CONGRESSIONAL RECORD — SENATE August 3, 2007 good grades in school and you will suc- Italy, that he was killed while serving May God grant strength and peace to ceed in life. his country in Operation Enduring those who mourn, and may God be with H.R. 2272 contains provisions that Freedom. all of you, as I know He is with William will encourage better alignment of ele- Today, I join William’s family and Mr. LAUTENBERG. Mr. President, mentary and secondary curricula with friends in mourning his death. Al- another month has passed, and more the knowledge and skills required by though he was extremely proud of serv- American troops lost their lives over- colleges and universities, 21st century ing his country through military serv- seas in Iraq and Afghanistan. It is only employers, and the Armed Forces. ice, he prided himself most on his fam- right that we take a few moments in There are critical measures that will ily. He was a devoted husband to the U.S. Senate to honor them. Outside improve teacher recruitment and train- Brandi and the loving son of Volitta, a my office here in Washington, we have ing, develop partnerships between detective in the Morgan County a tribute called ‘‘Faces of the Fallen.’’ schools and laboratories, and encour- Sherriff’s Department. Visitors to the Senate from across the age internship programs. These provi- Martinsville High School administra- country have stopped by the memorial. sions will increase students’ exposure tors, faculty, and students referred to I encourage my colleagues to come see William as having a quiet intensity to inspirational teaching, talented sci- this tribute on the third floor of the while being mature, focused, and deter- entists, and real-world experience so Hart Building. mined with the ability to succeed at that high school graduates students Since the end of June, the Pentagon are better prepared to succeed in to- anything he tried. His high school’s athletic director spoke highly of the has announced the deaths of 88 troops day’s global economy. in Iraq and Afghanistan. They will not But it is not enough to improve former basketball player saying, ‘‘He was one of those players, that if you be forgotten. So today, I will read their science and math education. Those stu- names into the RECORD: dents who choose to pursue high-tech were a coach, you loved to have on your team because of his work ethic SGT Stephen R. Maddies of Elizabethton, careers require federal funding to con- TN; duct research. H.R. 2272 will signifi- and obviously as an athletic director, he was one of those kids that you love CPL Jason M. Kessler of Mount Vernon, cantly increase America’s investment WA; in your program, because he was such a in research, doubling funding for the 1LT Benjamin J. Hall, VA; good kid. He just represented you the National Science Foundation and the SPC Camy Florexil of Philadelphia, PA; way you wanted to be represented.’’ CPL Sean A. Stokes of Auburn, CA; Department of Energy’s Office of William’s final act was one of leader- Science over the next 4 years and au- SSG Wilberto Suliveras of Humacao, Puer- ship and bravery. While other soldiers to Rico; thorizing a significant increase in fund- lay dead and wounded, he led a nine MAJ Thomas G. Bostick Junior of Llano, ing for the National Institute of Stand- man patrol into battle, and according TX; ards and Technology. The legislation to the Army, his efforts saved other SSG William R. Fritsche of Martinsville, goes further toward encouraging sci- troops. Today and always, William will IN; entific and technological discovery by be remembered by family members, PFC Cody C. Grater of Spring Hill, FL; SPC Daniel A. Leckel of Medford, OR; targeting more funds to young re- friends, and fellow Hoosiers as a true searchers and high-risk frontier re- PVT Michael A. Baloga of Everett, WA; American hero, and we honor the sac- SGT William R. Howdeshell of Norfolk, search. rifice he made while dutifully serving Today, we face enormous challenges VA; his country. While we struggle to bear SPC Charles E. Bilbrey Junior of Owego, from halting global climate change to our sorrow over this loss, we can also NY; curing devastating diseases. This legis- take pride in the example he set, brave- SPC Jaime Rodriguez Junior of Oxnard, lation takes critical steps to ensure we ly fighting to make the world a safer CA; arm ourselves with the skills and re- place. It is his courage and strength of PFC Juan S. Restrepo of Pembroke Pines, sources to tackle these problems so character that people will remember FL; that our children and grandchildren when they think of William, a memory SGT Courtney D. Finch of Leavenworth, KS; may inherit a better world rich with that will burn brightly during these economic opportunities SSG Joshua P. Mattero of San Diego, CA; continuing days of conflict and grief. LCpl Robert A. Lynch of Louisville, KY; f As I search for words to do justice in CPL James H. McRae of Springtown, TX; HONORING OUR ARMED FORCES honoring William’s sacrifice, I am re- CPL Matthew R. Zindars of Watertown, minded of President Lincoln’s remarks WI; STAFF SERGEANT WILLIAM R. FRITSCHE as he addressed the families of the fall- 1SG Michael S. Curry Junior of Dania Mr. BAYH. Mr. President, I rise en soldiers in Gettysburg: ‘‘We cannot Beach, FL; today with a heavy heart to honor the dedicate, we cannot consecrate, we SGT Travon T. Johnson of Palmdale, CA; life of the brave staff sergeant from cannot hallow this ground. The brave PFC Adam J. Davis of Twin Falls, ID; Martinsville, IN. William Fritsche, 23 men, living and dead, who struggled PFC Jessy S. Rogers of Copper Center, AK; years old, died on July 29, 2007 from in- here, have consecrated it, far above our Hospitalman Daniel S. Noble of Whittier, CA; juries sustained on July 27 near Kamu, poor power to add or detract. The Afghanistan, when his dismounted pa- PFC Zachary R. Endsley of Spring, TX; world will little note nor long remem- LCpl Bobby L. Twitty of Bedias, TX; trol received rocket-propelled grenade ber what we say here, but it can never SGT Shawn G. Adams of Dixon, CA; and small arms fire. With an optimistic forget what they did here.’’ This state- CPL Christopher G. Scherer of East future before him, William risked ev- ment is just as true today as it was Northport, NY; erything to fight for the values Ameri- nearly 150 years ago, as I am certain SGT Jacob S. Schmuecker of Atkinson, cans hold close to our hearts, in a land that the impact of William’s actions NE; halfway around the world. will live on far longer that any record SFC Luis E. Gutierrez-Rosales of Bakers- William joined the Army at the age of these words. field, CA; of 17 after graduating from It is my sad duty to enter the name SPC Zachary R. Clouser of Dover, PA; Martinsville High School. After being SPC Richard Gilmore the Third of Jasper, of William R. Fritsche in the RECORD of AL; deployed in Africa in 2004 and receiving the U.S. Senate for his service to this SPC Daniel E. Gomez of Warner Robbins, several commendations, he was pro- country and for his profound commit- GA; moted to sergeant in April of 2005. He ment to freedom, democracy, and CPL Rhett A. Butler of Fort Worth, TX; was chosen to serve in the Old Guard at peace. When I think about this just PFC Brandon M. Craig of Earleville, MD; Arlington National Cemetery, which is cause in which we are engaged, and the SGT Ronald L. Coffelt of Fair Oaks, CA; the oldest active-duty infantry unit. unfortunate pain that comes with the PFC James J. Harrelson of Dadeville, AL; He was also selected in 2005 to be part loss of our heroes, I hope that Wil- PFC Ron J. Joshua Junior of Austin, TX; of President Bush’s inaugural proces- PFC Brandon K. Bobb of Orlando, FL; liam’s family can find comfort in the SGT Nathan S. Barnes of American Fork, sion in Washington, DC. It was during words of the prophet Isaiah who said, UT; his most recent assignment to the 1st ‘‘He will swallow up death in victory; CPO Patrick L. Wade of Key West, FL; Squadron, 91st Cavalry Regiment, 173rd and the Lord God will wipe away tears PO1 Class Jeffrey L. Chaney of Omaha, NE; Airborne Brigade, based out of Vicenza, from off all faces.’’ SPC Eric M. Holke of Crestline, CA;

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10887 LCpl Shawn V. Starkovich of Arlington, terest in these matters. Each has wit- Public Works Committee regarding his WA; nessed violence against judges in their understanding of congressional intent SGT John R. Massey of Judsonia, AR; home States. With their leadership, in for monies authorized in the pending PFC Benjamin B. Bartlett Junior of Man- April the Senate was called upon to Minnesota, bridge disaster relief bill. chester, GA; I want to clarify that this authoriza- SPC Robert D. Varga of Monroe City, MO; consider the measure. I was amazed PFC Christopher D. Kube of Sterling when it took a cloture motion to pro- tion comes from the general fund rath- Heights, MI; ceed to consideration of court security. er than the Highway Trust Fund. Is SGT Allen A. Greka of Alpena, MI; Cloture on the motion to proceed was that your understanding? SGT Courtney T. Johnson of Garner, NC; obtained by a vote of 93 to 3. There- Mr. INHOFE. If the chairman will 1SG Jeffrey R. McKinney of Garland, TX; after, this important measure was con- yield, I concur completely with your CAPT Maria I. Ortiz of Bayamon, Puerto sidered and passed by the Senate on understanding. As I read the language, Rico; April 19 by a unanimous vote of 97 to 0. it clearly comes from the general fund SGT Eric A. Lill of Chicago, IL; and not the Highway Trust Fund. MSG Randy J. Gillespie of Coaldale, CO; Not a single Senator voted against it, not even those Senators who objected Given the precarious situation with CPL Kory D. Wiens of Independence, OR; Highway Trust Fund finances, it would PFC Bruce C. Salazar Junior of Tracy, CA; to proceeding to the bill initially or SGT Gene L. Lamie of Homerville, GA; the three Senators who voted against be a mistake to place further burdens PFC Le Ron A. Wilson of Queens, NY; cloture on the motion to proceed. on it, and as per SAFETEA–LU, all ad- CPL Jeremy D. Allbaugh of Luther, OK; A companion bill was considered by ditional emergency repairs come from LCpl Steven A. Stacy of Coos Bay, OR; the House of Representatives and the general fund. LCpl Angel R. Ramirez of Brooklyn, NY; passed on a voice vote. To resolve the Mr. BAUCUS. I thank my colleague COL Jon M. Lockey of Fredericksburg, VA; remaining difference between the Sen- for his concurrence. SFC Sean K. Mitchell of Monterey, CA; f PFC Jason E. Dore of Moscow, ME; ate-passed measure and the House- SPC Jeremy L. Stacey of Bismarck, AR; passed measure we sought to substitute ASSISTANCE FOR ETHIOPIA SPC Anthony M.K. Vinnedge of Okeana, the Senate-passed text into the House Mr. LEAHY. Mr. President, after the OH; bill and to request a House-Senate con- overthrow of Ethiopia’s brutal former SPC Roberto J. Causor Junior, of San Jose, ference. This is hardly a novel proce- Prime Minister Mengistu, Prime Min- CA; dure. It is a standard way to resolve SPC Michelle R. Ring, of Martin, TN; ister Meles Zenawi ushered in a period differences and to complete action on of hope and optimism. On May 15, 2005, MAJ James M. Ahearn, CA; legislation. This routine request has SGT Keith A. Kline of Oak Harbor, OH; Ethiopia held its first open multiparty SPC Christopher S. Honaker of Cleveland, cleared the Democratic side of the aisle elections. The international commu- NC; here in the Senate. No Democratic Sen- nity praised the people of Ethiopia for PFC Joseph A. Miracle of Ortonville, MI; ator has objected to proceeding. But, an astounding 90 percent voter partici- SGT Thomas P. McGee of Hawthorne, CA; once again, an anonymous objection on pation rate, an encouraging beginning PO1 Jason Dale Lewis of Brookfield, CT; the Republican side is thwarting to a new political process. The Ethio- PO1 Robert Richard McRill of Lake Placid, progress. Just as Republican Senators FL; pian people deserve a democratic proc- objected to proceeding to consider leg- ess in which opposition parties can or- PO1 Steven Phillip Daugherty of Barstow, islation to bolster court security in Ca; ganize and participate, and journalists CWO Scott A.M. Oswell, WA; April, now, an anonymous Republican can publish freely, without fear of ar- PFC Andrew T. Engstrom of Slaton, TX; objection is preventing the Senate rest or retribution. Unfortunately, as PFC Steven A. Davis of Woodbridge, VA; from acting, requesting a conference it turned out, the 2005 election was not 1LT Christopher N. Rutherford of Newport, and moving forward to resolve the dif- the turning point many had hoped for. OH; ferences and enact this long overdue Early polls suggested the opposition LCpl William C. Chambers of Ringgold, legislation. Despite the broad bipar- Coalition for Unity and Democracy GA; tisan support for both the Senate bill Party would make gains in the Ethio- LCpl Jeremy L. Tinnel of Mechanicsville, and for the House bill, we are being VA; pian Parliament that could threaten LCpl Juan M. Garcia Schill of Grants Pass, blocked from going to conference to re- the control of Prime Minister Meles’ OR; solve the minor differences between ruling Ethiopian People’s Revolu- SFC Raymond R. Buchan of Johnstown, them by an anonymous Republican tionary Democratic Front. These re- PA; Senator. ports were followed by credible allega- SSG Michael L. Ruoff Junior of Yosemite, This obstruction delays the useful tions of manipulation of the vote- CA; provisions in these bills and threatens counting process. When the govern- SPC Victor A. Garcia of Rialto, CA; important safety measures for our Fed- ment finally announced results that as- PFC Jonathan M. Rossi of Safety Harbor, eral judges and their families. For our sured its continued hold on power, FL. justice system to function, our judges thousands of people took to the streets To date, more than 3,600 American must be able to dispense justice. They in protest. The police arrested over men and women have lost their lives in and their families must be free from 30,000 people and some 193 people were Iraq. And more than 400 have lost their the fear of retaliation. Witnesses who killed. Although most of the protesters lives in Afghanistan. We will not forget come forward must be protected, and were released soon after their arrest, 70 them and the Nation will not forget the courthouses where our laws are en- opposition leaders and journalists re- their sacrifice. forced must be secure. We are in danger mained in prison. f of letting this chance to improve the Following these events, I wrote to Ethiopia’s Ambassador Kassahun Ayele COURT SECURITY IMPROVEMENT security of our Federal courts slip and officials at the State Department ACT through our fingers. I am disappointed and troubled that we will not be im- to express my concern with the impris- Mr. LEAHY. Mr. President, one of proving the security for our Federal onment of the Ethiopian politicians. the first actions I took this year was to judges and courthouses around the Na- Human rights organizations and other reintroduce the Court Security Im- tion before we go into recess. international figures condemned the provement Act of 2007, S. 378, on Janu- I hope that the Republican Senator detentions and urged Prime Minister ary 24, 2007. This bipartisan bill has a who has placed this anonymous objec- Meles to release them. These efforts dozen cosponsors here in the Senate. In tion would remove it, to let us go to were to no avail. February we held a Judiciary Com- conference, and to let us improve the Some detainees remained in jail for mittee hearing at which we heard from security that our Federal courts need. over 2 years before being brought to Justice Anthony Kennedy. In March f trial in a manner that was incompat- the Judiciary Committee considered ible with international standards of and then reported the bill by unani- BRIDGE DISASTER RELIEF justice. Last month, they were con- mous consent. Mr. BAUCUS. Mr. President, I would victed of such vague charges as ‘‘out- I thank the majority leader and the like to enter into a brief colloquy with rage against the constitution’’ and ‘‘in- assistant majority leader for their in- my colleague on the Environment and citing armed opposition.’’ They were

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10888 CONGRESSIONAL RECORD — SENATE August 3, 2007 stripped of their rights to vote and to As if the allegations of human rights of interoperable standards for health run for public office. Several were sen- violations were not enough, the New information technology, IT, offer in- tenced to life in prison. Nothing was York Times reported on July 22 that centives for providers to acquire quali- done to prosecute the police officers the Ethiopian military is blocking food fied health IT systems to improve the who fired on the protesters. The situa- aid to the Ogaden region. The article quality and efficiency of health care, tion had gone from bad to worse. also claimed that the military is ‘‘si- and facilitate the secure exchange of Then suddenly, less than 2 weeks ago, phoning off millions’’ of dollars in- electronic health information. The bill the Ethiopian Government announced tended for food aid and a UN polio also includes provisions to require all the pardon and release of 38 opposition eradication program. A subsequent ar- federal agencies to comply with stand- leaders. I am pleased that Prime Min- ticle on July 26 indicated that the ards and specifications adopted by the ister Meles heeded the pleas of the World Food Program and the Ethiopian Federal Government for purposes de- Ethiopian people and the international Government have reached agreement, termined appropriate by the Secretary community and released these pris- after weeks of discussions, on a process of Health and Human Services, HHS, oners. The fact is, none of them should for getting food aid through the mili- and to ensure quality measurement have been arrested or tried in the first tary blockade to civilians in the and reporting of provider performance place. Their release was long overdue Ogaden region. But the same article under the Public Health Service Act. and is welcome. also reported that regional Ethiopian I fully support fostering the adoption I hope the government acts expedi- officials have expelled the Red Cross. of health information technology to as- tiously to release the remaining polit- During the Cold War we supported sist providers in making quality im- ical detainees, and bring to justice po- some of the world’s most brutal, cor- provements in our health care system. lice officers who used excessive force. I rupt dictators because they were anti- In 2005, Senator BAUCUS and I intro- also hope the negotiations that re- Communist. Their people, and our rep- duced the Medicare Value Purchasing sulted in the prisoners’ release will utation, suffered as a result. Now the Act, S. 1356, in conjunction with Sen- lead to further discussions between the White House seems to support just ators ENZI and KENNEDY’s legislation government and the leaders of the op- about anyone who says they are known as the Better Healthcare position, to ensure that their political against terrorism, no matter how un- Through Information Technology Act, rights are fully restored and that fu- democratic or corrupt. It is short S. 1355. Although the Medicare Value ture elections are not similarly sighted, it tarnishes our image, and it Purchasing Act did not pass in its en- marred. will cost us dearly in the long term. tirety, provisions based on our bill While this news is positive, it comes Prime Minister Meles has been an have been enacted in other legislation. at a time when journalists and rep- ally against Islamic extremism in the Medicare is the single largest pur- resentatives of humanitarian organiza- Horn of Africa, for which we are grate- chaser of health care in the Nation, so tions report human rights abuses of ci- ful. But there are serious concerns with adopting quality payments in Medicare vilians, including torture, rape and Ethiopia’s U.S.-supported military in- influences the level of quality in all of extrajudicial killings, by Ethiopian se- vasion of Somalia. It has led to some of health care. We have seen time and curity forces, including those trained the same problems associated with the time again how when Medicare leads, and equipped by the U.S., in the Bush administration’s misguided deci- the other public and private purchasers Ogaden region. sion to invade Iraq without a plan for follow. Medicare can drive quality im- Congressman DONALD PAYNE, chair- leaving the country more stable and se- man of the Subcommittee on Africa provement through payment incen- cure than before the overthrow of Sad- tives. The adoption of information and Global Health, and a vocal de- dam. Iraq’s partition now seems only a fender of human rights and democracy technology is also desirable, both to fa- matter of time, and it is hard to be op- cilitate the reporting of quality meas- in Ethiopia, inserted into the CONGRES- timistic that Somalia a year from now ures and to increase the efficiency and SIONAL RECORD a June 18, 2007, New will be any more secure, or any less of quality of our health care system. York Times article that described a threat to regional stability, than be- these abuses. These two concepts should work to- fore the influx of Ethiopian troops. gether. This situation is also addressed in Ethiopia is also a poor country that the Senate version of the fiscal year has faced one natural or man-made dis- A number of legislative initiatives 2008 State, Foreign Operations Appro- aster after another, and the U.S. has have been enacted in Medicare in re- priations bill and report, which were responded with hundreds of millions of cent years to promote the development reported by the Appropriations Com- dollars in humanitarian and other as- and reporting of quality measures. The mittee on July 10. The Appropriations sistance. We have a long history of sup- Medicare Prescription Drug, Improve- Committee seeks assurance from the porting Ethiopia and its people, and we ment, and Modernization Act of 2003, State Department that military assist- want to continue that support. But our MMA, included provisions that re- ance for Ethiopia is being adequately support to the government is not un- quired the reporting of quality meas- monitored and is not being used conditional. We will not ignore the un- ures for inpatient hospitals. The Def- against civilians by units of Ethiopia’s lawful imprisonment of political oppo- icit Reduction Act of 2005 expanded the security forces. We need to know that nents or the mistreatment of journal- reporting of quality measures for inpa- the State Department is investigating ists. We will not ignore reports of tient hospital services and extended these reports. We also want to see ef- abuses of civilians by Ethiopian secu- quality measures to home health set- fective measures by the Ethiopian Gov- rity forces tings. Last year, the Tax Relief and Health ernment to bring to justice anyone re- f sponsible for such abuses. Care Act of 2006, TRHCA, extended Unfortunately, it appears that the WIRED FOR HEALTH CARE quality measure reporting to hospital Bush administration has made little ef- QUALITY ACT outpatient services and ambulatory fort to monitor military aid to Ethi- Mr. GRASSLEY. Mr. President, I service centers. TRHCA also authorized opia. It is no excuse that the Ethiopian want to take a few minutes to explain the 2007 Physician Quality Reporting military has impeded access to the the action I am taking related to S. Initiative, PQRI, a voluntary quality Ogaden, as it has done. In fact, this 1693, the Wired for Health Care Quality reporting system in Medicare for physi- should give rise to a sense of urgency. Act. Today, with great reluctance, I cians and other eligible health care If we cannot properly investigate these have asked Republican Leader MCCON- professionals. Beginning July 1, 2007, reports, and if the Leahy law which NELL to consult with us prior to any the new PQRI program provides Medi- prohibits U.S. assistance to units of action regarding the consideration of care incentive payments for the suc- foreign security forces that violate this bill, which the Health, Education, cessful reporting of quality measures human rights is not being applied be- Labor, and Pensions Committee re- that have been adopted or endorsed by cause the U.S. Embassy cannot deter- ported on August 1, 2007. a consensus organization. The Centers mine the facts, then we should not be The Wired for Health Care Quality for Medicare and Medicaid Services, supporting these forces. Act would encourage the development CMS, has worked diligently with the

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10889 American Medical Association Physi- In overseeing Medicare, Congress is During the course of this investiga- cian Consortium for Performance Im- working to bring more quality report- tion, the staff reviewed roughly 10,000 provement, the Ambulatory Quality ing into the program. As I mentioned pages of documents and conducted over Alliance, and the National Quality before, just this past December Con- 30 witness interviews. The Judiciary Forum in the development, adoption, gress enacted the Tax Relief and Committee held three related hearings. endorsement, and selection of quality Health Care Act of 2006, which imple- Our joint findings confirm a series of measures for this program. mented a physician pay-for-reporting failures at the SEC: (1) Failures in its Considerable time and effort have program in Medicare. The Finance enforcement division, (2) failures in been devoted to the development and Committee has been working for some personnel practices, and (3) failures at reporting of quality measures for var- time now to phase-in the use of quality the Office of Inspector General. ious providers in Medicare under the measures with various providers. Even- There was, however, one bright spot. Social Security Act. Many of these pro- tually, I hope that Medicare can com- The Chairman of the Securities and Ex- grams have now been up and running pensate providers appropriately for change Commission cooperated fully for some time. This is why I am greatly providing high-quality care. with our inquiry. I would like to take troubled that, as currently drafted, the I am, however, concerned about pub- a moment to thank Chairman Chris- Wired for Health Care Quality Act lic disclosure of provider-specific infor- topher Cox for recognizing the value of would require the development and re- mation without appropriate safe- congressional oversight instead of re- porting of quality measures under the guards. If not used properly, the data sisting it like most other agencies do. Public Health Service Act. could be misinterpreted. For example, In my years in the Senate, I have over- It is hard to comprehend how the hospitals that specialize in very dif- seen many investigations of Federal quality measurement system created ficult cases might seem to provide agencies. I am happy to say that Chair- by S. 1693 would interact with the var- lower quality of care than those treat- man Cox—who inherited these prob- ious quality measurement programs ing less severe cases. This would set up lems in 2005—was a model of trans- that have already been enacted by Con- the wrong incentives for hospitals and parency and accountability. gress under the Social Security Act I also thank Senator SPECTER for his and implemented by CMS. Creating other health care providers. I agree that it would be helpful to hard work on this issue, and for the two different quality measurement sys- standardize data reporting throughout way our committees were able to work tems would have the potential to cre- the federal government, and to use together so effectively. ate differing or even duplicative qual- that data appropriately to assess the Our investigation focused on three ity measurement systems which could quality of care provided by clinicians, allegations: (1) The SEC mishandled its drastically interfere with our common investigation of a major hedge fund, goal of improving the quality of health hospitals, and other health care organi- Pequot Capital Management. (2) The care in this country. zations. At the same time, I have seri- Under the bill, the Secretary also ous concerns about how this bill is SEC fired Gary Aguirre, the lead attor- would establish Federal standards and structured with respect to the disclo- ney in the Pequot investigation, after implementation specifications for data sure and use of the data from federal he reported evidence of political influ- collection. Within three years of their health entitlement programs which are ence corrupting the investigation. (3) adoption, all Federal agencies would within the sole jurisdiction of the Fi- The SEC’s Office of Inspector General have to implement these standards ac- nance Committee. failed to thoroughly investigate cording to the specifications. While I welcome the opportunity to work Aguirre’s allegations. this sounds appealing, I am concerned with the sponsors of S. 1693, Senators In 2001, Pequot made about $18 mil- about the reality of implementing such KENNEDY, ENZI, CLINTON, and HATCH, lion in just a few weeks of trading in standards—across the myriad programs along with members of the Health, advance of the public announcement at the Departments of Health and Education, Labor, and Pensions Com- that General Electric was acquiring Human Services, Veterans Affairs, De- mittee on this matter. I had hoped we Heller Financial. Pequot accomplished fense, and all the other Federal agen- could work out an agreement on legis- this by buying over a million shares of cies that may have health care data. It lative language that was acceptable to Heller Financial and shorting GE would be an enormous challenge. Agen- both the Finance Committee and the stock. The New York Stock Exchange cies collect data for many different HELP Committee before the bill was highlighted these suspicious and highly purposes, using many different data on the floor. I appreciate the efforts profitable trades for the SEC. systems. Six years ago, when Secretary that my colleagues, Senators ENZI and When the SEC finally got around to Thompson first arrived at the Depart- KENNEDY, have undertaken with us investigating the matter 3 years later, ment of Health and Human Services, over the last month to resolve the con- the only full-time attorney working on the department had eight different cerns of the Finance Committee. How- it, Mr. Aguirre, was up against an army computer systems. Presumably other ever, I remain deeply troubled that, as of lawyers from Pequot and Morgan agencies similarly have multiple sys- currently drafted, the Wired for Health Stanley. tems. All will be expensive and dif- Care Quality Act could end up uninten- Those lawyers could easily bypass ficult to retrofit to meet new federal tionally delaying or frustrating the the commission staff and go directly to standards. goal we all share of improving the the Director of Enforcement. In other The bill also would require the HHS quality of health care for all Ameri- words, attorneys from Wall Street law Secretary to provide federal health cans. firms had better access to SEC man- data, including the Medicare claims f agement than the staff attorney work- databases, to at least three ‘‘Quality ing on the case, and they used it. REPORT OF SEC INVESTIGATION Reporting Organizations’’ that agreed When Aguirre wanted to question to provide public reports based on the Mr. GRASSLEY. Mr. President, Wall Street executive John Mack, his data. today along with Senator SPECTER, I supervisors blocked his efforts and de- The Quality Reporting Organizations present the findings of a joint inves- layed the testimony as long as they would be required to release regular re- tigation by the minority staffs of the could. Mack was about to be hired as ports on quality performance that are Committees on Finance and the Judici- the CEO of Morgan Stanley. This provider- and supplier-specific. Any or- ary. It will be posted today on the Fi- raised a critical question in our inves- ganization, including those with com- nance Committee Web site. I urge all tigation: Did Mack get special treat- mercial interests, could request that my colleagues to read this important ment, and if so, why? Gary Aguirre was the Quality Reporting Organizations report. told by one of his supervisors that it compile specific reports based on the Together, our committees conducted was because of his ‘‘political connec- requester’s methodology. So, for exam- an extensive investigation of allega- tions.’’ ple, drug companies could request data tions raised by former Securities and Our investigation uncovered no evi- on physician prescribing patterns to Exchange Commission attorney Gary dence that Mack’s special treatment determine which physicians their sales- Aguirre concerning the SEC and in- was due to partisan politics. However, people should target. sider trading at a major hedge fund. internal e-mails do show that SEC

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10890 CONGRESSIONAL RECORD — SENATE August 3, 2007 managers cared about something else: II. EXECUTIVE SUMMARY lic, even though it had not met Kreitman’s prominence—not partisanship. Pequot’s trades in advance of the GE ac- prerequisite. They put hurdles in the way of tak- quisition of Heller Financial were highly sus- The SEC fired Gary Aguirre after he re- ing Mack’s testimony because he was picious and deserved a thorough investiga- ported his supervisor’s comments about tion. In the weeks after a conversation with Mack’s ‘‘political connections,’’ despite posi- an ‘‘industry captain’’ and well-known tive performance reviews and a merit pay on Wall Street. His lawyers would have John Mack and prior to the public announce- ment of GE’s acquisition of Heller, Pequot raise. Just days after Aguirre sent an e-mail ‘‘juice,’’ according to SEC manage- CEO Arthur Samberg purchased over one to Associate Director Paul Berger detailing ment—meaning they could easily pick million shares of Heller Financial stock, and his allegations, his supervisors prepared a up the phone and talk to senior offi- also shorted GE shares. On the day the deal negative re-evaluation outside the SEC’s or- cials three and four layers above was announced, Samberg sold all of the Hell- dinary performance appraisal process. They Aguirre. Mack’s prominence protected er stock. He also covered the short positions prepared a negative re-evaluation of only him from the initial SEC inquiry, pro- in GE shortly thereafter, for a total profit of one other employee. Like Aguirre, that em- about $18 million for Pequot in a matter of ployee had recently sent an e-mail com- tection that would not have been af- plaining about a similar situation where he forded to him had he been from Main weeks. The SEC examined only a fraction of the believed SEC managers limited an investiga- Street rather than Wall Street. other suspicious Pequot trading highlighted tion following contact between outside coun- Our investigation also found that Mr. by Self-Regulatory Organizations (SROs). sel and the Director of Enforcement. Aguirre’s firing from the SEC was GE-Heller represented just one of at least 17 After being contacted by a friend in early closely connected to his objections to sets of suspicious transactions involving September 2005, Associate Director Paul the special treatment afforded to John Pequot brought to the SEC’s attention by or- Berger authorized the friend to mention his Mack. Unfortunately, that was not the ganizations like the NYSE and NASD. How- interest in a job with Debevoise & Plimpton. Although that was the same firm that con- only retaliation we found at the SEC. ever, SEC managers ordered the staff to focus on only a few transactions. In addition tacted the SEC for information about John Another employee was also penalized Mack’s exposure in the Pequot investigation, for objecting to problems similar to to GE-Heller, the SEC investigated trades in- volving (1) Microsoft, (2) Astra Zeneca and Berger did not immediately recuse himself Aguirre’s. This sort of retaliatory fir- Par Pharmaceutical, and (3) various ‘‘wash from the Pequot probe. Berger ultimately ing of a whistleblower is not accept- sales.’’ left the SEC to join Debevoise & Plimpton. able, and must be stopped. Staff Attorney Gary Aguirre said that his When initially questioned, Berger’s answers Finally, our investigation found fail- supervisor warned him that it would be dif- concerning his employment search were less ures at the SEC’s Office of Inspector ficult to obtain approval for a subpoena of than forthcoming. General. When Mr. Aguirre presented John Mack due to his ‘‘very powerful polit- The SEC’s Office of Inspector General ical connections.’’ Aguirre’s claim is cor- failed to conduct a serious, credible inves- the Inspector General’s office with seri- tigation of Aguirre’s claims. The OIG did not ous allegations, there was no attempt roborated by internal SEC e-mails, including one from his supervisor, Robert Hanson. attempt to contact Aguirre. It merely inter- to conduct a serious, credible inves- Hanson also told Aguirre that Mack’s coun- viewed his supervisors informally on the tigation. sel would have ‘‘juice,’’ meaning they could telephone, accepted their statements at face- The Inspector General merely inter- directly contact the Director or an Associate value, and closed the case without obtaining viewed SEC management, accepted Director of Enforcement. key evidence. The OIG made no written doc- their side of the story, and closed the Attorneys for Pequot and Morgan Stanley ument requests of Aguirre’s supervisors and case. This is unacceptable. It is the had direct access to the Director and an As- failed to interview SEC witnesses whom sociate Director of the SEC’s Enforcement Aguirre had identified in his complaint as role of the inspector general to be an likely to corroborate his allegations. independent finder of fact, not a Division. In January 2005, Pequot’s lead III. RECOMMENDATIONS rubberstamp for agency management. I counsel met with the SEC Director of En- forcement Stephen Cutler. Shortly there- understand that the current inspector The controversy over allegations of im- after, SEC managers ordered the case to be proper political influence and the firing of general is retiring, and his last day is narrowed considerably. In June 2005, Morgan SEC attorney Gary Aguirre garnered consid- today. I hope Chairman Cox chooses Stanley’s Board of Directors hired former erable media attention. The public airing of the next inspector general very care- U.S. Attorney Mary Jo White to determine evidence in support of those allegations un- fully. whether prospective CEO John Mack had any doubtedly had an adverse impact on public Our investigation has uncovered real exposure in the Pequot investigation. White confidence in the SEC. The damage to public failures at the SEC, and fixing these contacted Director of Enforcement Linda confidence in the SEC as a fair and impartial problems will take real reform. We Thomsen directly, and other Morgan Stanley regulator must be repaired if the agency is officials contacted Associate Director Paul have proposed six recommendations. to be effective and able to fulfill its mission. Berger. Soon afterward, SEC managers pro- However, the controversy is more than These recommendations include the hibited the staff from asking John Mack merely an issue of perception. Our investiga- creation of a uniform, comprehensive about his communications with Arthur tion uncovered real failures that need real manual of procedures for conducting Samberg at Pequot. solutions. Our recommendations focus on im- enforcement investigations along the Seeking John Mack’s testimony was a rea- proving the Commission’s approach to the lines of the U.S. Attorney’s Manual. If sonable next step in the investigation. Sev- management of complex securities investiga- the SEC had such a manual, there eral SEC staff wished to take Mack’s testi- tions, personnel problems, the handling of would have been clear guidance regard- mony because they believed he: (1) had close ethics issues, and the role of the Inspector ties to Samberg, (2) had potential access to ing the standard for issuing a subpoena General. A more standardized, professional advanced knowledge of the deal, (3) had spo- system for dealing with these issues could to any suspected tipper, whether John ken to Samberg just before Pequot started have averted much of the controversy. It Mack or John Q. Public. buying Heller and shorting GE, and (4) was could also improve employee morale and Other recommendations include the an investor in Pequot funds and was allowed confidence in management by ensuring more reform of the SEC’s Office of Inspector to share in a lucrative direct investment in consistent, documented, transparent, and General, firmer ethics requirements, a (5) start-up company alongside Pequot, careful internal deliberations. and standardized evaluation procedures possibly as a reward for providing inside in- For these reasons, we offer the following to prevent the sort of retaliatory per- formation. recommendations for consideration: sonnel practices that took place with SEC management delayed Mack’s testi- 1. Standardized Investigative Procedures: mony for over a year, until days after the The SEC should draft and maintain a uni- Gary Aguirre. By implementing real statute of limitations expired. After Aguirre form, comprehensive manual of procedures reforms such as those our report out- complained about his supervisor’s reference for conducting enforcement investigations, lines, the SEC can begin to regain pub- to Mack’s ‘‘political clout,’’ SEC manage- along the lines of the United States Attor- lic confidence, and I look forward to ment offered conflicting and shifting expla- ney’s Manual. The manual should attempt to working with the SEC as these reforms nations for blocking Mack’s testimony. Al- address situations or issues likely to recur. are implemented. though Paul Berger claimed that the SEC It should set a consistent SEC policy where Mr. President, in closing, I ask unan- had always intended to take Mack’s testi- possible and provide general guidance for mony, Branch Chief Mark Kreitman said complex issues that require individual as- imous consent to print in the RECORD, that definitive proof that Mack knew about the report’s executive summary and sessment on a case-by-case basis, so that in- the GE-Heller deal was the ‘‘necessary pre- quiries are handled as uniformly as possible list of recommendations. requisite’’ for taking his testimony. The SEC throughout the Enforcement Division. There being no objection, the mate- eventually took Mack’s testimony only after 2. Directing Resources to Significant and rial was ordered to be printed in the the Senate Committees began investigating Complex Cases: The SEC currently lacks a RECORD, as follows: and after Aguirre’s allegations became pub- set of objective criteria for setting staffing

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10891 levels and has no mechanism for designating of our joint investigation into allega- In March 2007, the SEC and Federal a case as critically important. The SEC tions of abuse of authority at the Secu- prosecutors filed charges against a should set standards for assessing the size, rities and Exchange Commission and of dozen defendants, including a former complexity, and importance of cases to en- the availability of our findings and rec- Morgan Stanley compliance officer sure that significant cases receive more re- ommendations. On January 31, 2007, sources. The Enforcement Division should who pleaded guilty in May 2007 to develop and apply objective criteria for de- Senator GRASSLEY and I came to the charges that she and her husband sold termining how many attorneys, paralegals, floor and submitted the ‘‘Specter- information about four deals—includ- and support personnel should be assigned to Grassley Interim Findings on the In- ing Adobe Systems Inc.’s $3.4 billion a particular case. vestigation Into Potential Abuse of Au- purchase of Macromedia and the $2.1 3. Transparent and Uniform External Com- thority at the Securities and Exchange billion acquisition of Argosy Gaming munications: The SEC should issue written Commission.’’ Senator GRASSLEY and I by Penn National Gaming, Inc.—to in- guidance requiring supervisors to keep com- did not want to delay in expressing our plete and reliable records of all outside com- dividuals who used the information in concerns about, No. 1 the SEC’s mis- trading for hedge fund Q Capital In- munications regarding any investigation. handling of the investigation of poten- The need for a clear record and transparency vestment Partners and other accounts. is especially acute regarding any commu- tial massive insider trading by a hedge In March 2007, the SEC charged a 41- nications by supervisors that exclude the fund which we recommended be re- year-old UBS research executive with staff attorney assigned to the case. The opened; No. 2, the circumstances of the selling information about upcoming SEC’s guidance should generally discourage termination of SEC attorney Gary UBS upgrades and downgrades of the supervisors from engaging in such commu- Aguirre, who was leading the investiga- stock of Caterpillar, Goldman Sachs, nications without the knowledge or partici- tion; and No. 3, the manner in which and other companies. The information pation of the lead staff attorney. The SEC the SEC’s Inspector General’s Office needs to present one, consistent position to was then used in trading on behalf of handled Aguirre’s allegations that he hedge funds Lyford Cay, Chelsea Cap- parties involved in its investigations. was terminated for improper reasons, 4. Greater Office of Inspector General (OIG) ital and Q Capital Investment Part- including pressing too hard to inter- Independence and More Thorough Investiga- ners. tive Procedures: The hallmarks of any good view a witness in the investigation. We In May 2007, a 37-year-old Credit were concerned about what appeared to Inspector General are independence and in- Suisse investment banker was charged be managerial interference with the tegrity. However, the reputation of the In- with insider trading for leaking details spector General within the SEC appears to independence and doggedness of an SEC of acquisitions involving nine publicly be that of an office closely aligned with man- attorney who was determined to follow traded U.S. companies including the agement, lacking independence. In addition the evidence wherever it might lead. to the facts of the Aguirre case, we received Today, we file our comprehensive re- $45 billion takeover of TXU Corp by a numerous complaints about the OIG from port and recommendations—com- private equity firm. He also leaked in- both current and former SEC employees. The prising nearly 100 pages of annotated formation on deals involving North- OIG should develop a plan to ensure inde- western Corporation, Energy Partners, pendence from SEC management and the findings and recommendations—with the Senate Judiciary and Finance Com- Veritas DGC, Jacuzzi Brands, Trammel General Counsel’s Office, and to ensure that Crow Co., Hydril Company, Caremark its future investigations of allegations mittees. Before I summarize the key against management are thorough, fair, and findings and recommendations, I must RX, and John H. Harland Co. credible. The SEC needs to implement a di- commend the SEC for two aspects of In May 2007, the SEC accused a rective requiring its Office of Information its response to Congress. First, the former analyst at Morgan Stanley and Technology to provide thorough and timely SEC, despite some initial disputes and her husband, a former analyst in the responses to SEC/OIG document requests. letters relating to document produc- hedge fund group at ING, of making Since the purpose of the OIG is to ensure in- tion and privilege, ultimately cooper- more than $600,000 by trading on com- tegrity and efficiency, a document request in ated fully with Congress by producing panies advised by Morgan Stanley’s connection with an SEC/OIG investigation real estate subsidiary. should be among the highest priorities. all requested documents and permit- 5. Timely and Transparent Recusals: The ting all witnesses to be interviewed In May 2007, the SEC obtained a SEC should review its guidance to employees under oath and with a transcript. Sec- court order requiring Barclays Bank to regarding their obligations to recuse them- ond, Chairman Cox, the other Commis- pay $10.9 million—including a $6 mil- selves immediately from any matter involv- sioners, and SEC Director of Enforce- lion penalty—for insider trading based ing a potential employer with whom the em- ment Linda Thomsen have clearly been on material nonpublic information ob- ployee has had contact, either directly or in- listening to concerns we raised about tained by its head trader, who served directly through an agent. Recusals should insider trading in general and in par- on bankruptcy creditors committees. be communicated in writing to all SEC staff ticular suspicious trading ahead of In June 2007, the SEC filed a com- who have official contact with the recused plaint alleging that a former bank vice individual, and a record of the recusals mergers on the part of hedge funds and should be centrally maintained by a des- others with access to material non- president had traded in securities of a ignated ethics officer. The appearance cre- public information as a result of the bank that he learned would be acquired ated by having undisclosed contacts with po- intertwined relationships in our finan- by another bank. tential employers while still participating in cial sector. Since the Judiciary Com- In June 2007, the SEC filed a com- an enforcement matter involving that poten- mittee began holding hearings on in- plaint alleging unlawful insider trading tial employer undermines public confidence sider trading and related fraud in June by the former managing partner of the in the fairness and impartiality of the SEC. 2006, the SEC has filed a number of sub- Washington, DC office of a large law 6. Standardized Evaluation Procedures: firm who learned of an imminent ac- Employee evaluations should be submitted stantial civil cases—often in coordina- in a timely manner, according to an estab- tion with the Department of Justice, quisition from a job candidate. lished schedule. Evaluations should not be which handles criminal matters. Linda In July 2007, a court sentenced a cor- prepared outside or apart from the estab- Thomsen testified at the Judiciary porate executive to a 6-year jail term, lished procedure. Although it is appropriate Committee hearing on September 26, and ordered him to forfeit $52 million, to document performance issues and to dis- 2006 that ‘‘[r]igorous enforcement of in a case involving more traditional in- cuss them with the employee as the issues our current statutory and regulatory sider trading executed by a company arise, submitting a re-evaluation with sub- prohibition on insider trading is an im- executive in his own company’s stock. stantive changes after the regularly sched- portant part of the Commission’s mis- These aggressive enforcement efforts uled evaluation is submitted can raise ques- send a strong message to the public, tions. Where the re-evaluation occurs just sion.’’ This appears to be the case. after an employee reports alleged wrong- In February 2007, the SEC charged and we commend the SEC for ensuring doing by a supervisor, it tends to suggest seven individuals and two hedge funds that action accompanies their assur- that retaliation is driving the process rather with insider trading ahead of an- ances to Congress and to the public. I than an honest attempt to evaluate em- nouncements by Taro Pharmaceuticals point out the ages of some of those ployee performance. Industries regarding earnings and FDA charged because it strikes me that Mr. SPECTER. Mr. President, I seek drug approvals. Four of the individuals they may not have lived through the recognition, along with my colleague were in their early thirties or younger insider trading scandals of the 1980s from Iowa, Senator GRASSLEY, to in- and worked at major accounting and that resulted in jail sentences for some form the full Senate of the conclusion law firms. very prominent businessmen. Though

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10892 CONGRESSIONAL RECORD — SENATE August 3, 2007 time has passed since those scandals, were primarily concerned about three during my non work hours.’’ But the there continues to be a need to rein- aspects of a single case of insider trad- enthusiasm quickly waned at some force that insider trading is a serious ing: First, the handling of the inves- point after newspapers reported on violation of the law. Following our tigation of what some at the SEC be- June 23, 2005, that Morgan Stanley was hearings and investigation, the SEC lieved was one of the largest insider considering hiring John Mack as its appears to have reasserted itself. trading cases in recent history; second, new CEO. Aguirre testified that the On March 1, 2007, in announcing the timing of the firing of Gary timing was no coincidence and that his charges against 14 individuals in a bra- Aguirre, one of the lead investigators supervisor, Robert Hanson, would not zen insider trading scheme, Chairman on the case; and third, the worse-than- let him take Mack’s testimony because Cox stated: ‘‘Our action today is one of cursory inspector general investigation of his ‘‘powerful political contacts.’’ several that will make it very clear the of Mr. Aguirre’s claims of improper dis- Hanson later sent Aguirre e-mails that SEC is targeting hedge fund insider charge. All of this presented a trou- mentioned Mack’s ‘‘juice’’ and ‘‘polit- trading as a top priority.’’ Linda bling picture that centers on appar- ical clout.’’ Hanson, for his part, later Thomsen, Director of the SEC’s Divi- ently lax enforcement by the SEC. explained that he simply wanted to sion of Enforcement, recently stated The alleged insider trading occurred make sure that the SEC had gotten that the SEC has made insider trading in July 2001, several weeks before the ‘‘their ducks in a row’’ before taking ahead of mergers and acquisition one of public announcement that GE would drastic action. its top priorities. Peter Bresnan, Dep- purchase Heller Financial. During the Although reasonable minds may dis- uty Director of the SEC’s Division of lead-up to the announcement, Pequot agree on an appropriate investigative Enforcement, stated in a CNBC inter- CEO Arthur Samberg began purchasing strategy, the SEC’s stated rationale for view on May 11, 2007: ‘‘Hedge fund man- large quantities of Heller Financial delaying the taking of Mack’s testi- agers are under enormous pressure to stock while also shorting GE stock. mony runs counter to the normal ap- show profits for their clients. . . . Not Two years later, the SEC began an in- proach described to the committees’ every hedge fund manager can get vestigation. Despite several promising staff by insider trading experts at the those kinds of returns through legiti- leads, the investigation was left to SEC. Hilton Foster, an experienced mate trading.’’ Bruce Karpati, an As- wither when the lead attorney, Gary former SEC investor with knowledge of sistant Regional Director in the SEC’s Aguirre, was abruptly fired with little the Pequot matter, stated that ‘‘as the New York office stated in May 2007 explanation. When Aguirre complained SEC expert on insider trading, if people that the SEC is ‘‘actively studying the to Commissioner Cox about the cir- had asked me when do you take his tes- relationships that hedge funds have cumstances of the termination, Chair- timony, I would have said take it yes- both inside the hedge funds and out- man Cox instructed the inspector gen- terday.’’ The explanation offered by side’’ to see how information flows eral to investigate. The inspector gen- Aguirre’s supervisors—that without di- around financial markets and that the eral’s staff, however, did so with the rect evidence that Mack had knowl- SEC is also looking at ‘‘more complex stated view that they were not going to edge of the GE transaction, the deposi- trading strategies’’ at hedge funds. ‘‘second guess’’ Aguirre’s managers. tion would consist simply of a denial Also in May 2007, when the SEC filed Perhaps for this reason, the inspector by Mack—is not at all convincing since charges against a Hong Kong couple general did not interview Aguirre or the SEC eventually did question Mack and alleged that they had illegally the other employees named in for over 4 hours in August 2006 without traded ahead of News Corp.’s offer to Aguirre’s letters to Chairman Cox, such direct evidence. buy Dow Jones, Cheryl Scarboro, SEC choosing instead to accept the man- Mack’s testimony was taken 5 days Associate Enforcement Director, stat- agers’ explanations at face valueeven after the statute of limitations expired. ed: ‘‘Cases like this, insider trading the explanations that were incon- We note that shortly after Aguirre’s ahead of mergers, are a top priority sistent with SEC procedures and some termination, the SEC Market Surveil- and we will continue our pursuit of it, of the documentary evidence submitted lance Branch Chief sought removal no matter where it occurs.’’ by Aguirre. from the Pequot investigation, stating Finally, in early 2007 it was widely What was Gary Aguirre inves- that ‘‘something smells rotten.’’ We reported that the SEC had begun a tigating? As explained at our hearings, note that this chief was a reluctant factfinding study of the relationships when an acquisition like the GE-Heller witness who came forward to the com- that hedge fund advisers have with deal is announced, the price of the pur- mittees to do the right thing. Despite a brokerages to determine if those con- chasing company typically falls and number of such SEC employees, with tacts could have led to insider trading. the price of the purchased company Aguirre gone and a change in staff on The SEC had specifically requested in- typically rises. This is an opportunity the Pequot case, the trail seems to formation about stock and options for guaranteed, quick and easy profits. have grown cold and any evidence like- trading by major firms. It is encour- Samberg directed the purchase of ‘‘a ly lost. aging to see that the SEC’s rhetoric is little over a million shares’’ of Heller With respect to our recommenda- increasingly matched by real cases stock. On several days, the shares he tions, we start by noting that the com- against those who subvert our capital sought to purchase exceeded the total mittees adduced documents and testi- markets through insider trading. volume of trading that day. On Janu- mony showing that Gary Aguirre, a On the other hand, we agree with ary 30, 2002, the NYSE ‘‘highlighted’’ probationary employee while at the Peter Bresnan, who recently expressed these trades for the SEC as a matter SEC, was an experienced, smart, hard- dismay over the number of Wall Street that warranted further scrutiny and working, aggressive attorney who was professionals involved in these cases, surveillance. Yet it was not until 2004, passionately dedicated to the Pequot from investment bankers and advisers when Gary Aguirre joined the Commis- investigation. These attributes were to lawyers and accountants. ‘‘When we sion, that an investigation began in noted in a June 1, 2005, performance see Wall Street professionals engage in earnest. Mr. Aguirre became the driv- plan and evaluation. A more detailed insider trading, it is particularly rep- ing force behind the investigation of ‘‘Merit Pay’’ evaluation written by rehensible because we rely on them to the GE Heller trades. Hanson on January 29, 2005, noted keep the markets fair and clean.’’ As I Aguirre’s immediate supervisors were Aguirre’s unmatched dedication ‘‘to stated during the Judiciary Committee initially enthusiastic about the inves- the Pequot investigation’’ and ‘‘con- hearings, although disgorgement and tigation and the identification of John tributions of high quality.’’ These eval- civil penalties in these cases are a good Mack as the possible tipper. On June uations were submitted to the SEC’s start, I will continue to press for jail 14, 2005, Mr. Aguirre’s supervisors au- Compensation Committee, which ap- terms for those who engage in fraudu- thorized him to speak to Federal pros- proved a two-step salary increase rec- lent conduct that harms other inves- ecutors concerning the trades. His im- ommendation on July 18, 2005. After tors, especially when those who com- mediate manager, Robert Hanson, these favorable reviews, Aguirre’s man- mit fraud are in positions of trust. wrote in an e-mail on June 20, 2005, agers wrote a ‘‘supplemental evalua- With respect to our investigation and ‘‘Okay Gary you’ve given me the bug. tion,’’ on August 1 that included nega- final report, Senator GRASSLEY and I I’m starting to think about the case tive assessments. The document was

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10893 never shared with Aguirre, who re- tions, along the lines of the U.S. Attor- be regularly audited and reviewed to ceived a notice of termination exactly ney’s Manual. The manual should ad- ensure that they are fairly and consist- 1 month later, on September 1. To the dress situations and issues likely to ently applied. extent that there was contempora- recur, including a section outlining all All SEC inspector general audit and neous documentation, little appears to SEC policies related to the issuance of investigation reports should be avail- support the assertion that the decision subpoenas. It should set a consistent able to Congress, on a confidential to terminate was based on poor per- SEC policy and provide general guid- basis when appropriate. The detail, formance or employee misconduct, ance for complex issues that require in- quality, and volume of reports from the which leaves open the possibility that dividual assessment on a case-by-case Inspector General’s Office need to be the discharge was for improper reasons. basis. improved dramatically. More disturbing, however, is the cur- Among other policy changes, the SEC The SEC should review its guidance sory investigation of Aguirre’s allega- should begin to conduct regularly to employees regarding their obliga- tions by the SEC’s Office of Inspector scheduled, confidential employee sur- tions to disclose any connections with General, headed by Walter Stachnik. veys to measure confidence in senior potential employers and recuse them- Chairman Cox referred the matter to management. Such responses should be selves from any matter involving those Stachnik, who failed to interview reviewed and evaluated by the inspec- employers. The appearance created by Aguirre or any of the other SEC em- tor general as potential predicates for having undisclosed contacts with po- ployees mentioned in Mr. Aguirre’s let- audits, investigations, or recommenda- tential employers while still partici- ter. The IG’s investigators repeatedly tions to senior management. The SEC pating in an enforcement matter in- volving that employer undermines pub- told staff that in investigating Mr. should also revise its policies on dis- lic confidence in the fairness and im- Aguirre’s allegations of improper moti- closing nonpublic information to third vation for his termination that they partiality of the SEC. parties. Employee evaluations should be sub- ‘‘don’t second guess management deci- The SEC currently lacks a set of ob- mitted in a timely manner, according sions . . . [and they] don’t second guess jective criteria for setting staffing lev- to an established schedule. Evaluations why employees are terminated.’’ These els and has no mechanism for desig- should not be prepared outside or apart statements are troubling. After speak- nating a case as mission critical. The from the established procedure. The ing only to Aguirre’s supervisors about SEC should set standards for assessing process should be audited regularly, the facts and accepting everything the size, complexity, and importance of and supervisors who fail to follow the they said at face value, the IG staff re- cases to ensure that significant cases procedures should face meaningful con- viewed only those documents identified receive more resources. The Enforce- sequences. Although it is appropriate by Aguirre’s managers. ment Division should develop objective to document and discuss performance This is not a recipe for an inde- criteria for determining how many at- issues as they arise, submitting a re- pendent and thorough investigation. torneys, paralegals, and support per- evaluation with substantive changes Even after committee hearings, sonnel should be assigned to a par- after the regularly scheduled evalua- Stachnik insisted that his investiga- ticular case. It may be unavoidable tion is submitted can raise questions— tion was ‘‘professional,’’ but he did re- that the SEC often will have fewer re- especially when it occurs just after an open the IG investigation. Unfortu- sources than the entities the agency employee reports alleged wrongdoing nately, as part of the reopened inves- regulates, but effective staffing could by a supervisor. tigation, Stachnik sought documents help the SEC avoid being outmatched In conclusion, I will comment on an in Aguirre’s possession, including docu- when it matters most. issue that was the subject of much dis- ments that were communications be- The SEC should issue written guid- cussion during the investigation tween Aguirre and the Senate. When ance requiring supervisors to keep whether hedge funds should be subject Aguirre balked, Stachnik asked the De- complete records of all external com- to greater regulation. With baby partment of Justice to petition a Fed- munications regarding any investiga- boomers beginning to retire, pension eral court to enforce the subpoena. If tion. As a starting point for drafting funds are moving more of their assets Chairman Cox had been able to obtain such a policy, the SEC should review out of fairly conservative stocks and a timely, objective, and thorough con- and consider adopting an approach bond portfolios and increasing their in- sideration of Aguirre’s concerns, the similar to that of the Food and Drug vestments in hedge funds. This shift Pequot investigation may have been Administration in 21 C.F.R. section comes as hedge fund returns are cool- put back on track shortly after 10.65. The need for a clear record and ing. As just one example, the Ama- Aguirre’s termination. Because the transparency is especially acute re- ranth fund, which made risky bets on Chairman did not have the benefit of a garding any communications by super- natural gas, collapsed in September careful review by the IG, we will never visors that exclude the staff attorney 2006. On July 25, 2007, the Commodity know what would have happened. assigned to the case. Allowing outside Futures Trading Commission charged In light of this, and based on the counsel and interested parties to cir- the fund and its chief energy trader committees’ investigation, we make cumvent the staff attorney by dealing with trying to manipulate the natural certain recommendations intended to separately with higher level officials gas markets. help the SEC remedy obvious short- may undermine the investigation and Hedge funds are fiercely protective of comings in order for it to avoid an un- also undermine the goals of consist- their trading strategies, and they are dermining of public confidence in the ency, impartiality, and profes- hard to value because they are not ac- agency. The reputation of the SEC as a sionalism. tively traded. Unlike mutual funds, fair and impartial regulator must be The SEC Office of Inspector General they are not required to register with restored. I note that through our inves- should develop a plan to ensure inde- the SEC or disclose their holdings. In tigation, we determined that what we pendence from SEC management and addition, they may borrow as much as have is not merely an issue of percep- the General Counsel’s Office. Such a 10 times their cash holdings to execute tion. There are real failures that need plan must ensure that the SEC’s inves- their investment strategies. For this real solutions to improve the manage- tigations of allegations against man- reason, many say that there is an in- ment of complex securities investiga- agement are thorough, fair, and cred- consistency between the high-risk, tions; the handling of ethics concerns ible. The OIG should submit its plan to high-return concept behind hedge funds and issues; and personnel policies and Congress for review and followup over- and the low-risk, guaranteed return procedures to increase employee mo- sight. goal of pension funds. Pension funds rale and confidence in management Equally as important, employees may have consultants and sophisti- and to ensure more consistency, trans- should have confidence that they have cated money managers, but even they parency, and careful internal delibera- confidential alternate channels of com- can be tripped up, as evidenced by the tions. munication through which both real fact that Bear Stearns, a Wall street The SEC should draft and maintain a problems and misperceptions may be firm known for its caution and its ex- comprehensive manual of procedures resolved early and without public con- pertise in bond-treading, notified cli- for conducting enforcement investiga- troversy. Personnel procedures should ents this month that their investment

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10894 CONGRESSIONAL RECORD — SENATE August 3, 2007 in two prominent hedge funds were OBJECTION TO RIZZO NOMINATION Director of National Intelligence, Mike worth pennies on the dollar. Those Mr. WYDEN. Mr. President, most of McConnell, discussed these techniques funds made bets on risky bonds backed my colleagues are well aware that I on television recently and stated that by subprime mortgages. have been pushing for a ban on the he wouldn’t want any Americans to un- Individuals, like managers of the practice of anonymous holds for sev- dergo them. I don’t think it would be pension funds of middle class workers, eral years. I believe that holds are an acceptable to use these techniques on have also begun to increase their in- acceptable parliamentary tactic, but I Americans either, but the President’s vestments in hedge funds. Once limited firmly believe that it is inappropriate new interpretation of the Geneva Con- to the wealthy, hedge funds are now for Senators to use them secretly. If ventions says that it is okay for other available to retail investors through Senators wish to object to the consid- countries to use them on Americans funds of funds. By pooling money, eration of a particular bill or executive when they are captured. This is also funds of funds allow investors who do nominee, they should be required to do unacceptable. not have the minimum investments or so publicly, so that their objections I believe that you can fight terrorism assets to gain access to the hedge fund can be discussed and debated in full ferociously without tossing aside club. view of the American people. Today, I American laws and American values, Because of my concern for these in- am announcing my objection to any and I worry that the administration vestors, I will continue to study the unanimous consent request to bring and CIA lawyers may be losing sight of question of increased transparency and the nomination of John Rizzo to the this. I was disappointed to hear John effective regulation of hedge funds. Senate floor for approval. Rizzo say that he did not wish he had The President has nominated Mr. objected to the 2002 torture memo, and f Rizzo to be General Counsel of the Cen- I was even more disappointed when I tral Intelligence Agency, CIA. When read these guidelines. Our intelligence Mr. Rizzo appeared before the Senate agencies cannot fight terrorism effec- PESTICIDE REGISTRATION Select Committee on Intelligence a few tively unless programs like this one IMPROVEMENT RENEWAL ACT weeks ago, I asked him about a now-in- are on a solid legal footing. Mr. Rizzo’s Mr. CHAMBLISS. Mr. President, I famous legal opinion that was prepared record demonstrates that he is pre- rise to express my support for the Pes- by the Department of Justice in 2002. pared to let major programs go forward ticide Registration Improvement Re- This opinion, commonly known as the without a firm legal foundation in newal Act. It reauthorizes the highly ‘‘Bybee memo’’ includes shocking in- place. successful Pesticide Registration Im- terpretations of U.S. torture laws, and This is why I have come to the con- provement Act, PRIA, which was mod- essentially concludes that inflicting clusion that John Rizzo is not qualified eled on the Prescription Drug User Fee any physical pain short of organ failure to be the general counsel of the CIA. I Act and enacted as part of the 2004 om- is not torture. Most Americans would plan to vote against Mr. Rizzo’s con- nibus appropriations bill. agree that this conclusion is over the firmation in committee, and when it PRIA authorized the U.S. Environ- line, and this is why the Administra- comes to the floor I will object to any mental Protection Agency, EPA, to tion revoked the memo as soon as it unanimous consent agreement to con- collect service fees in order to help became public. sider his nomination until I am satis- cover the cost of registering new pes- John Rizzo was the acting general fied that our national counterterrorism ticides. It also authorized EPA to con- counsel of the CIA at that time, and I programs, and particularly the CIA de- tinue to collect fees to review older asked him if, in hindsight, he wished tention program, have the solid legal pesticides. PRIA established a fee that he had objected to this memo. I foundation that they need. schedule for pesticide registration re- was disappointed to hear him say, even f with the benefit of five years’ hind- quests and set specific time periods for CFIUS EPA to make regulatory decisions on sight, that he did not. Much more recently, about 2 weeks Mr. MARTINEZ. Mr. President, I ap- pesticide registration and tolerance re- ago the President issued an Executive plaud the signing of the Foreign In- quests. The goal of PRIA was to create order interpreting Common Article vestment and National Security Act of a more predictable and effective eval- Three of the Geneva Conventions and 2007 by President Bush. After more uation process for pesticide registra- how it applies to CIA detentions and than a year and a half of work, this tion decisions and link the collection interrogations. This Executive order critical piece of legislation was finally of individual fees with specific decision refers to classified CIA guidelines. I signed into law on July 26, 2007. I would review periods. have read these guidelines, and I be- also like to commend Chairman DODD PRIA was developed through the lieve that they have suffered from a and Senator SHELBY, my colleagues on work of a unique coalition of environ- clear lack of effective legal oversight. the Banking Committee for their lead- mental associations and the registrant Since John Rizzo is once again acting ership in forging bipartisan legislation community, which included agricul- general counsel of the CIA, I believe that will further protect critical U.S. tural and non-agricultural, anti- that he bears significant responsibility assets and infrastructure from preda- microbial, large, small, biotech, and for this situation. I am not at all con- tory foreign control. biopesticide companies. This same coa- vinced that the techniques outlined in This much needed legislation up- lition came together to develop this these guidelines are effective, nor am I dates, reforms, and provides trans- legislative proposal to reauthorize convinced that they stay within the parency to the review process con- PRIA. law. ducted by the Committee on Foreign This is true consensus legislation. It The last thing that I want to see is Investment in the United States, clarifies the intent of the original law hard-working, well-intentioned CIA of- CFIUS. This Act will ensure national and continues the fee-for-service pro- ficers breaking the law because they security while promoting foreign in- gram, with some technical adjust- have been given shaky legal guidance. vestment and the creation and mainte- ments. Specifically, it increases and These men and women dedicate their nance of U.S. jobs. As we have seen clarifies categories covered, uses main- lives to serving their country, and they over the last couple of years with the tenance fees for registration review, deserve better than that. They deserve Dubai Ports and China National Off- protects funds for grant programs, in- to know that they are on firm legal shore Oil Corporation, CNOOC, issues, creases funding, and prevents free- ground when they are doing their jobs, greater oversight and transparency is riding. and that they can rely on the legal ad- needed for foreign investment in the I am pleased to cosponsor and sup- vice of their general counsel. United States. port this legislation. I urge my col- I should also note that I disagree This legislation also clarifies and ex- leagues to approve its reauthorization with the President’s decision to inter- pands the term ‘‘national security’’ to and continue the positive changes pret the Geneva Conventions as broad- include those issues related to ‘‘home- PRIA brought to the pesticide registra- ly as he did, although this does not ex- land security,’’ including its applica- tion process. cuse Mr. Rizzo from responsibility. The tion to critical infrastructure. The ct

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10895 also lays out additional factors to be ment cut off shipments to Belarus to puting. The legislation would provide considered during the CFIUS review force that country to accept higher grants for the creation of five Ad- process as they relate to our ‘‘national prices and turn its pipeline system over vanced Computing Software Centers security.’’ to Russian Government-controlled throughout the United States that I would like to address two of these companies. would transfer high-performance com- factors today as they relate to a real The Russian Government continues puting technologies to small businesses threat in our hemisphere and to the using heavyhanded tactics to move and manufacturers. United States. The act requires that Western companies out of Russia so it High-performance computing will CFIUS review any transaction related can regain control of oil and gas re- allow manufacturers to visualize and to major U.S. energy assets as part of serves previously sold to these compa- simulate parts and products before our critical infrastructure and any cov- nies for development. they can be created, which will cut the ered transaction that would result in The comparisons of President time and cost required to experiment the control of any critical U.S. infra- Chavez’s actions to renationalize Ven- with new materials. General Motors, structure by a foreign government or ezuela’s oil and gas industry are eerily for example, uses high-performance an entity controlled by a foreign gov- similar to those taken by the Russian computing to simulate collisions, sav- ernment. Government. As Hugo Chavez increases ing millions of dollars in development I raise these issues because I am par- his government’s stranglehold on Ven- costs and substantially shortening de- ticularly concerned by the recent, and ezuela’s oil and gas supply, will he cut sign cycle times. ongoing, actions of Venezuelan Presi- off supply to the United States, or Presently, only large companies like dent Hugo Chavez against U.S. oil com- other nations, in an attempt to influ- GM have the resources to reap the ben- panies in Venezuela. While Venezuela ence economic and political events? efits of high-performance computing. has undertaken many actions to the Will he cut off supply to CITGO sta- This bill would provide grants to small detriment of U.S. companies, President tions in the United States? and medium manufacturers to imple- Chavez and Petroleos de Venezuela Reforms to the CFIUS process identi- ment this technology and create new have been courting government-con- fying energy infrastructure and energy opportunities for economic growth, job trolled Russian and Iranian oil inter- security as national security interests, creation, and product development and ests to take their place. and the inclusion of these as factors to allow manufacturers and businesses to It is no secret that Hugo Chavez is an review when foreign-owned companies harness the full potential of high-per- enemy of the United States, the liberty especially state-controlled companies formance computing and freedom we stand for, and the open with histories of using energy assets as f and honest commerce that is the life- political and economic tools will pre- blood of our economy. It is also no se- vent Hugo Chavez and the Venezuelan TRIBUTE TO ROGER LANDRY cret that President Chavez will use Government from controlling addi- Ms. SNOWE. Mr. President, I rise whatever assets are at his disposal to tional energy assets here in the United today to mourn the passing of Roger harm our country. The lone tool in his States. Landry of Springvale, ME, and pay kit is Venezuela’s oil and gas wealth. I applaud President Bush for signing tribute to this former Maine State leg- Petroleos de Venezuela, S.A. already this important measure and encourage islator and steadfast advocate for our has a footprint in America through the the CFIUS panel to perform stringent Nation’s veterans. Roger was one-of-a- ownership of CITGO Petroleum Cor- reviews of any potential sale of critical kind individual who was truly a force poration. While the CITGO gas stations U.S. energy infrastructure to a foreign- of nature who allowed nothing to stand you see on the roadsides and corners of government controlled company and in the way of achieving results and American streets are franchised and deny any sale to entities controlled by helping others, and he had a unique owned largely by American small busi- tyrants like Hugo Chavez who have a ability to harness the compassion and ness men and women, these gas sta- history of expropriating U.S. assets empathy he felt so deeply to produce tions rely upon Petroleos de Venezuela and who, no doubt, would be willing to positive and tangible results that truly and Hugo Chavez for their gas supply. use the control of these assets to touched the hearts of so many. Wheth- Because the revenue it generates sup- threaten U.S. national security and our er serving his country as a highly deco- ports the Venezuelan economy, we economic well-being. rated master sergeant in the U.S. Air might think it is a far-fetched idea f Force for 23 years, providing a wel- that Hugo Chavez and Petroleos de coming presence ceremonies to honor Venezuela would cut off oil and gas MANUFACTURING our returning troops, or fighting for supplies to the United States, or other Mr. KOHL. Mr. President, the manu- better care for our heroic veterans, Nations. Yet one only has to look at facturing sector is under siege from Roger was truly a benevolent force of the actions of the Russian Government cheap imports, unfair trade agree- nature who placed a premium on help- to see how energy supplies can be used ments, and escalating heath care and ing others, especially those servicemen as an economic and political weapon energy costs. Instead of working to al- and women who have given their all for against other nations. leviate this burden, the Bush adminis- this land. The Russian strategy of using the tration has turned its back on manu- Those in our State extraordinary power of energy assets as an economic facturing. The administration slashed enough to have worn our Nation’s uni- tool began in 2003 when the Russian funding for the Manufacturing Exten- form never had a better friend or ally Government expropriated the assets of sion Partnership, MEP, and the Ad- than Roger. He carried his tireless Yukos Oil, at that time, Russia’s larg- vanced Technology Program, ATP, in compassion, disarming humor, and can- est privately owned energy company. this year’s budget. MEP helps manu- do spirit to the Maine House of Rep- The Russian Government took Yukos facturers streamline operations, inte- resentatives where his impact was felt assets without compensation to Yukos grate new technologies, shorten pro- immediately and where he sought com- owners or investors and these assets duction times, and lower costs. ATP mon ground to advance the public also included $6 billion of U.S. inves- provides grants to support research and good. We owe him an exceptional debt tors’ money. development of high-risk, cutting edge of gratitude for his enduring devotion In the winter of 2006, the Russian technologies. Both MEP and ATP help to his State of Maine which he loved. Government cut off natural gas exports manufacturers survive and compete His service in the Military, in the to the Ukraine in an attempt to pres- with countries such as China. State legislature, and as a citizen of sure the Ukrainian Government to Today I offer, with Senator VOINO- Maine forged a legacy that should slow its democratic reforms and move VICH, some help for beleaguered manu- stand as an inspiration to us all—he toward the West. Later in 2006, Russia facturers. The Advanced Multidisci- will be greatly missed and forever re- also cut off crude shipments to Lith- plinary Computing Software Center membered. Roger was a remarkable uania in an attempt to stop the sale of Act was drafted from recommendations public servant and a dear friend—I will a refinery to a Polish competitor. And made by the Council on Competitive- always cherish having known him. My earlier this year, the Russian Govern- ness regarding high-performance com- thoughts and prayers continue to be

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10896 CONGRESSIONAL RECORD — SENATE August 3, 2007 with his wife Jane, his children/Darrin, the World Series, the bittersweet cele- tention to operational detail and dis- Dean, and Dawn, his eight grand- bration of a Native Hawaiian man who cipline allowed the Delaware Wing to children, and the entire Landry family got his piece of Hawaiian Homelands log the most flying hours of any CAP f after 50 years on a waiting list, to fly- wing in the nation, resulting in the ing to the face of hurricanes to keeping wing receiving three new aircraft. For ADDITIONAL STATEMENTS Hawaii residents safe and informed, each of the past four years, Delaware Ron always went to great lengths to cadets participating in national drill HONORING RON MIZUTANI shed light on stories he knew needed to team and/or color guard competitions be told. placed third or higher. ∑ Mr. AKAKA. Mr. President, today I Mr. President, Ron’s contribution to I commend Colonel Opland for his wish to honor a great storyteller with Hawaii’s understanding of itself and its dedication to aerospace education, to a passion and deep empathy for the people will be sorely missed. We wish helping build young enthusiasts who people of Hawaii. After a 20-year career him well in his future endeavors.∑ believe in volunteering, and to the in television journalism, Ron Mizutani f vital aerial missions that help keep announced this week that he will be Delaware and the Nation more secure. leaving his post as news anchor and re- TRIBUTE TO COLONEL RUSSELL It is the tireless work of citizens like porter for a top rated Honolulu news- M. OPLAND him that make this Nation great. cast to pursue interests outside of jour- ∑ Mr. BIDEN. Mr. President, today I f nalism. commend a distinguished public serv- PROJECT COMPASSION Ron exemplifies Hawaii’s melting ant, the commander of Delaware Civil pot, our diverse human landscape rich Air Patrol, COL Russell M. Opland. ∑ Mrs. BOXER. Mr. President, today I with the contributions of unique cul- Civil Air Patrol, CAP, is the official honor the work of an organization tures from around the Pacific and auxiliary of the U.S. Air Force, and is dedicated to preserving the memory of across the globe. His desire to make comprised entirely of civilian volun- our service men and women who have the islands he grew up in a better place teers. It was formed on the shores of died on active duty since the terrorist for the future, while cherishing the cul- Delaware and New Jersey in 1941 to pa- attacks of September 11, 2001. tures of old, is well known throughout trol coastal waters for enemy sub- Project Compassion has dedicated Hawaii. Drawing on his personal herit- marines. The wing commander is the itself to providing one gallery-quality age from Asia, Europe, and Hawaii’s in- senior corporate officer within a CAP portrait of every one of these fallen he- digenous peoples, Native Hawaiians, Wing and is responsible to the Civil Air roes to their designated next of kin at Ron crossed cultural lines and played a Patrol Corporation and to the regional no cost to the family. Project Compas- major role in bringing the diverse peo- commander for ensuring that corporate sion started in the spring of 2003 in the ple of Hawaii together into a cohesive objectives, policies, and operational di- State of Utah, when a local artist named Kaziah Hancock learned of the unit. rectives are executed within the Wing. In his writing, Ron was true to the CAP has three missions: cadet pro- death of a fellow Utah resident who language and style of the islands. A grams, emergency services, and aero- was serving in Iraq. She located the proud graduate of my alma mater, Ka- space education. The cadet program soldier’s family and painted a free por- trait for them as a gift of her apprecia- mehameha Schools, Ron’s colleagues provides youth, ages 12–21, the oppor- tion. She then decided to paint as routinely turned to him whenever they tunity to serve their communities and many portraits of our fallen men and needed help with the pronunciation of develop into responsible citizens, in- women as her personal time and sav- a Hawaiian word or a greater under- spiring them to become the next gen- ings would allow. For more than 5 standing of traditional practices. eration of pilots, engineers, mechanics, years, she has refused to take a single Ron started his career as a sports- and aviation enthusiasts. As part of dollar from anyone who has received a caster, and with time and experience the emergency services mission, CAP moved into news reporting. He is one of painting. performs 95 percent of inland aerial And in these last 5 years, Project the only in-studio anchors that would search and rescue missions in the con- Compassion has never faltered in its actually go out, get dirty and cover tinental U.S. CAP volunteers also per- mission to provide a tangible ‘‘thank- news in the field on location. As Ron’s form homeland security, disaster re- you’’ to the families of the brave men longtime photographer partner Greg lief, and counterdrug missions at the and women who have fallen in service Lau proudly recalls a day when an un- request of Federal, State, and local to our country. That mission has re- usual storm generated high surf along agencies. quired the addition of four more art- the North-East shores of the islands, Colonel Opland has led the Delaware ists, all of whom dedicate their time to topping the beaches and coming into Wing of the CAP since August 2003 and be a part of the effort. In November people’s homes. Ron put his story sec- will step down on September 8, 2007. He 2004, Project Compassion teamed up ond, jumping into the dangerous surf has volunteered an average of 38 hours with Marie Woolf, a California-based and ruining his clothes to help stack a week to the people of Delaware and creative media director, who agreed to sandbags and salvage what could be the CAP cadets while still keeping his manage and publicize the project. She saved. That was the part of the story full time job as chief privacy and infor- worked to establish crucial relation- viewers never knew, but colleagues cer- mation security officer for the Univer- ships with the media, government, and tainly did. sity of Pennsylvania Health System. the armed services to fulfill the Telling stories about the people, During his tenure as commander, Project Compassion mission. places, and issues facing the islands of Colonel Opland earned significant All of the military services except for Hawaii was Ron’s kuleana, or duty. awards and honors including the fol- the Army now include Project Compas- Ron took his kuleana seriously. His lowing: four Exceptional Service sion information with the standard pa- work captured the soul of the islands Awards, three Meritorious Service perwork personally delivered by cas- and he came to work every day with a Awards, the Gill Robb Wilson Award, ualty officers. However, Project Com- mission to tell his story in a way that No. 2074, Delaware Wing Senior Mem- passion is one of the Army’s few third was compelling while remaining true ber of the Year, the Air Force Associa- party organizations approved to con- to the issues at hand. More impor- tion, AFA, Award for Outstanding CAP tact next of kin who have given their tantly, he refused to sensationalize the Achievements, ‘‘Outstanding’’ rating consent to be contacted. Project Com- news. as Commander, 2005 Wing Compliance passion is also a member of America Ron’s storytelling ran the gamut: Inspection, and ‘‘Outstanding’’ rating Supports You, a Defense Department from entering homeless camps to tell as Incident Commander, 2003 Evaluated program connecting citizens and cor- the stories of the real people who had SAR/DR exercise. porations with military personnel and hit hard times amidst the islands’ soar- In addition to his personal awards, their families serving at home and ing property prices, following a local Colonel Opland led the Delaware Wing abroad. boy turned New York Mets hitter to national recognition. Despite the As of July, over 600 portraits have Benny Agbayani in his big moment in Wing’s small size, Colonel Opland’s at- been completed and delivered to the

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10897 families of our fallen servicemen and people with spina bifida. He was born degree, diploma, and certificate pro- women. Project Compassion has earned in Penns Grove, NJ, in 1946 and re- grams to the surrounding region. They major international, national, local, ceived his bachelor’s degree in econom- also offer several opportunities and military media recognition of its ics from Princeton in 1968, and his through the Kentucky Virtual Univer- unusual service, including from CNN, M.B.A. from Harvard Business School sity and degree programs in associa- CBS, NBC, and PBS, and it is certainly in 1972. In 1984, at the age of 37, he was tion with Morehead State University, well-deserved. named chairman and CEO of Fidelity Lindsey Wilson College, Midway Col- Mr. President, the story of Project Bank. Hal left Fidelity in 1989 and that lege, and Northern Kentucky Univer- Compassion is one of which we can all same year co-founded the PFR, a pri- sity. be proud. It is a story of everyday vate real estate group, which was later This year, Maysville Community and Americans bringing comfort to those acquired by Prologis. In 1993, Hal co- Technical College is working to in- who have lost a loved one in uniform. founded the Beacon Group, a Manhat- crease levels of student engagement by Ms. Hancock has taken her gifts as an tan-based investment partnership later promoting organized service activities artist and used them to honor people acquired by Chase Manhattan. He led and community-based partnerships in she has never met and never known. Chase’s regional banking group and order to provide a valuable learning ex- But she has stated that ‘‘These soldiers after that bank merged with JP Mor- perience for its students. This initia- and their families are our buddies, they gan he became chairman of retail fi- tive teaches students essential civic re- are our family as Americans, and we nancial services for JP Morgan Chase. sponsibility and critical networking love them.’’ I am proud to honor the After retiring from JP Morgan Chase, skills, while improving the local com- work of Project Compassion today. Hal returned to Philadelphia in 2006 to munity. f serve as CEO of the American Finan- I now ask my fellow colleagues to cial Realty Trust. join me in congratulating the HONORING HAL POTE Hal Pote’s sudden death is a tragedy. Maysville Community and Technical ∑ Mr. BROWN. President, today I pay Yet his life was a triumph. I offer my College for creating a solid foundation tribute to the life and legacy of Harold heartfelt condolences to his family— for the future of Kentucky and the Pote. Hal, the founder and president of his wife Linda Johnson, his mother Lu- United States. the Spina Bifida Foundation, SBF, cille Bock Pote, his two brothers f passed away suddenly on June 26, 2007. Frank and Corey Pote, and his neph- TRIBUTE TO ALLEN THOMPSON My staff and I are deeply saddened by ews. this loss, which is felt not only by his I ask my colleagues to join me in ∑ Mr. BUNNING. Mr. President, today I friends and family but by many of us celebrating the life and honoring the pay tribute to Allen Thompson of Hick- on Capitol Hill. My staff and I first had many achievements of this extraor- ory, KY, for his accomplishments in the pleasure of becoming acquainted dinary man. the 2007 SkillsUSA State Competition. with Mr. Pote nearly 6 years ago when f SkillsUSA is a national partnership he began a campaign to increase con- of students, teachers and industry, gressional awareness of—and the na- TRIBUTE TO BRADLEY BUTLER working together to ensure America tional attention paid to—spina bifida, ∑ Mr. BUNNING. Mr. President, today I has a skilled workforce. SkillsUSA the Nation’s most common, perma- pay tribute to Bradley Butler of Padu- chapters help students who are pre- nently disabling birth defect. cah, KY, for his accomplishments in paring for careers in technical, skilled Hal’s nephew Gregory was born with the 2007 SkillsUSA State Competition. and service occupations excel. For- spina bifida almost 22 years ago. Spina SkillsUSA is a national partnership merly known as VICA, Vocational In- bifida occurs in the first month of preg- of students, teachers and industry, dustrial Clubs of America, SkillsUSA nancy when the spinal column does not working together to ensure America has more than 280,000 students and in- close completely. In the United States, has a skilled workforce. SkillsUSA structors as members annually. spina bifida occurs in approximately 7 chapters help students who are pre- Mr. Thompson, a student at Paducah out of 10,000 live births and currently paring for careers in technical, skilled Area Technology Center and a senior there are 70,000 men, women, adoles- and service occupations excel. For- at Graves County High School, com- cents, and children living with spina merly known as VICA, Vocational In- pleted this competition as a gold med- bifida. Hal supported his nephew dustrial Clubs of America, SkillsUSA alist with a first place finish in board through more than 20 surgeries and was has more than 280,000 students and in- drafting. His success serves as an inspi- there to share in many wonderful mo- structors as members annually. ration for his peers to achieve academi- ments, including the moment in 2004 Mr. Butler, a student at Paducah cally and give back to society. when Gregory carried the Olympic Area Technology Center and a junior I now ask my fellow colleagues to torch. Hal was dedicated to ensuring at Paducah Tilghman High School, join me in congratulating Mr. Thomp- that Gregory and others living with completed this competition as a gold son for his remarkable achievement spina bifida enjoy a high quality of life. medalist with a first place finish in re- and commitment to his education. He also maintained a steadfast com- lated technical math. His success f mitment to helping prevent spina serves as an inspiration for his peers to RECOGNIZING ROGER MADSEN bifida by promoting efforts to educate achieve academically and give back to women of childbearing age about the society. ∑ Mr. CRAPO. Mr. President, I would importance of daily consumption of a I now ask my fellow colleagues to like to recognize an Idahoan who since multivitamin containing folic acid. join me in congratulating Mr. Butler 1995 has served four Idaho Governors as Hal joined with a group of colleagues for his remarkable achievement and director of the Idaho Department of to form the Spina Bifida Foundation in commitment to his education. Labor and twice served as interim ex- 1999. In its 8 years of existence, the f ecutive director of the Idaho Commis- SBF, under Hal’s steadfast leadership, sion on the Arts. He also served as an made remarkable progress on behalf of TRIBUTE TO MAYSVILLE COMMU- Idaho assistant attorney general and as the spina bifida community. Not so NITY AND TECHNICAL COLLEGE an Idaho State senator for 4 years. long ago people born with spina bifida ∑ Mr. BUNNING. Mr. President, today I After 12 years, Roger Madsen is among did not live past their teenage years. pay tribute to the faculty and staff of the longest-serving State employment Thanks to research and outreach en- Maysville Community and Technical agency directors in the Nation, and he abled in part by Hal’s exceptionally ef- College for their efforts in promoting is my friend. fective foundation, many children with student engagement, service learning, Roger has been a tireless volunteer spina bifida are now living to be adults and community service. for the betterment of his community and are enjoying a higher quality of Maysville Community and Technical and State. The list of his activities and life than previous generations. College is an exceptional venue for leadership is long and prestigious. Hal’s achievements go beyond his Kentucky students wishing to continue Roger has served as: delegate to the philanthropy and advocacy on behalf of their education. M.C.T.C. offers several White House Conference on Families;

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10898 CONGRESSIONAL RECORD — SENATE August 3, 2007 chair of the Governor’s task force on the number of entrants and from the glad that we can call her one of Flor- unemployment insurance; vice chair of diverse geographic areas that they ida’s own. the Multiple Sclerosis Society; chair of come from. The number of entrants f the mayor’s citizen’s advisory panel on also speaks to the immense support COMMENDING ANTHONY BURRUTO public housing; chair of the Governor’s from teachers and parents in the Na- advisory council on worker’s com- tive American communities. ∑ Mr. MARTINEZ. Mr. President, I rise pensation; member of the job training Deidra Lee, an eighth grader from today to commend a talented and cou- and workforce development councils; Cecditai Middle School, won first place rageous young American named An- member of the TechHelp science advi- in the sixth- to eighth-grade division; thony Burruto. A rising seventh-grade sory board and the Governor’s rural Robert Francis, a 10th grader from student at Southwest Middle School in economic development committee; Grants High School, won third place in Orlando and a pitcher and first base- chair of the Idaho State Employee’s the 9th–10th grade division; and Mi- man for a Dr. Phillips Little League United Way Campaign; cochair of Idaho chael Curly, a 10th grader from Pine baseball team known as the Yankees, Rural Partnership; and, cochair of the Hill School, won first place in the 11th– Anthony lives a fairly ordinary life; it ‘‘Katrina Evacuee Resettlement’’ effort 12th grade division. I ask that all three is just that he is a rather extraordinary in Idaho. of these students be recognized for young man. Born without a fibula in Without hesitation and despite his their accomplishments in the arts. his right leg or a shinbone in his left, weighty workload, Roger twice agreed These New Mexicans demonstrated a he had his lower legs amputated as a to guide the Idaho Commission on the clear understanding of the importance baby. At the time, Anthony and his Arts through difficult periods and did of academic, cultural, and artistic edu- family were informed that surgery so in an inimitable manner, with much cation.∑ might one day make it possible for him gratitude on behalf of the staff and arts f to walk. Anthony, now 12, decided that community. Additionally, he served as walking would not be enough for him. TRIBUTE TO ROXCY O’NEAL the interim director of the Idaho Dis- He started playing baseball nearly 5 BOLTON ability Determination Services. years ago; hitting his first home run In 2005, the Idaho Department of ∑ Mr. MARTINEZ. Mr. President, last November, he just recently fin- Commerce and Labor received the Wil- today I wish to commend the service ished the spring season with five—two liam J. Harris Equal Opportunity and acts of South Florida’s Roxcy of them Grand Slams. Amongst the Award for its ‘‘commitment to inten- O’Neal Bolton. She has made many league leaders in home runs for the sifying assistance to minorities and en- contributions to women and society spring season, Anthony has been an in- suring those new to the State receive both locally and nationally. While she spiration to everyone—his teammates, the same quality service as longtime was born in Mississippi in 1926, Roxcy his opponents, the coaches, parents, Idaho residents.’’ The annual award Bolton has made her mark in Florida and fans alike. Using two titanium and honors a work force agency adminis- over many long decades as a leading carbon-fiber prostheses, Anthony trator and the agency’s equal oppor- supporter of women’s rights. moves around well; be it on the base- tunity officer for outstanding accom- Mrs. Bolton has been the founder of ball diamond or while playing baritone plishments. Under Madsen’s leadership, many Florida organizations which have with his school’s band, he embraces the department increased its bilingual helped women. While a strong advocate with confidence all of his opportuni- staff, doubled the number of female of increasing opportunities for women ties. managers in local offices, increased the in society, she still proudly embraced In an Orlando Sentinel story written number of employees with disabilities marriage and family life. about Anthony, published earlier this and launched new programs such as Married to a U.S. Navy commander year, one of his teammates was quoted special job search workshops in Span- named David Bolton—now deceased— as saying, ‘‘He’s always the one who ish. they had three children together. In gets everybody up in the dugout . . . In June 2007, the International Asso- her life she has been an active wife, He always sticks up for everybody ciation of Workforce Professionals mother, and homemaker—all while when they have a problem.’’ For a child named Director Roger Madsen as its supporting rights for women in Florida who was born 2 months premature and Administrator of the Year for his lead- and beyond. Her good acts are well weighed just a little more than 3 ership in economic and work force de- known. pounds, the aforementioned says much velopment in 2006, when average wages A leading defender of, and advocate about his character and personality. rose 5.6 percent and Idaho’s growth in for, women who have been abused or While Anthony and his parents Vinny real gross state product led the Nation. suffered through domestic violence, and Diane long lived in New York, they I recognize and commend Roger for Mrs. Bolton founded a nonprofit agency have now been living in Orlando for the his continued efforts and accomplish- that provides rescue service, assistance past 2 years. I am certainly proud to ments on behalf of all of the citizens of to women in personal crisis, and emer- call them Floridians. The Burrutos Idaho. He is a great advocate for Idaho gency housing. This agency started have been very supportive of their only and I look forward to continuing to after she personally took in four chil- child; their love and devotion have cer- work with him on issues important to dren and several women who were in tainly helped this talented young man Idahoans. situations of personal distress. I be- to shine even more brightly. The Or- f lieve that is the definition of service— lando community has also given great but it is just one example of Mrs. support to Anthony. As an Orlando NATIVE AMERICAN STUDENT ART Bolton’s kindness and vision. resident, I have yet another reason to COMPETITION At Jackson Memorial Hospital in be thankful that my family and I call ∑ Mr. DOMENICI. Mr. President, I Miami, she worked to establish one of Orlando home. would like to recognize three students the country’s first rape treatment cen- There are now other people who have from New Mexico who entered and were ters. Providing services and support been picking up on the rising star that recognized in the Education: A Gift over the decades to children, adoles- is Anthony Burruto. For instance, ear- Without Boundaries, 2007 Native Amer- cents, and adult victims of sexual as- lier this season when Major League ican Student Art Competition spon- sault, the Roxcy Bolton Rape Treat- Baseball’s Tampa Bay Devil Rays sored by the U.S. Department of Edu- ment Center has helped more than hosted a three-game ‘‘home stand’’ at cation, Office of Indian Education. 42,000 people and their families; and im- Disney’s Wide World of Sports Complex There were almost 1,400 entries from 34 portantly, these services are provided in Orlando—the first regular season States in 6 events divided by age. at no cost to the victim. major league games ever played in the Native Americans put a very strong Today, Roxcy Bolton is still caring Orlando area—Anthony was asked to emphasis on their culture and in par- for the women of Florida and remains throw out the first pitch of the first ticular, art. Even though the art may dedicated to the rights of women ev- game. On this momentous occasion, be different from tribe to tribe, the erywhere. Through her dedicated work, Anthony threw a strike. Additionally, universal importance of art is seen in she has lived a life of purpose. I am the Devil Rays won.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10899 The accolades continue to come. have Wanda as one of its prominent S. 375. An act to waive application of the Right before the official start of sum- citizens, awarding her with honors Indian Self-Determination and Education mer, Anthony learned that he had such as the Harrisonville Area Cham- Assistance Act to a specific parcel of real property transferred by the United States to made the Dr. Phillips Little League ber of Commerce President’s Award 2 Indian tribes in the State of Oregon, and All-Star team—yet another incredible and the Missouri Merit Mother of the for other purposes. accomplishment for an impressive Year Award. S. 975. An act granting the consent and ap- young man. His mother reports that he Mr. President, I ask that the Senate proval of Congress to an interstate forest fire and his team did really well. And as join me in honoring Wanda A. Brown protection compact. further proof of Anthony’s inspiring for her decades of dedicated service to S. 1099. An act to amend chapter 89 of title 5, United States Code; to make individuals story, there was even a film crew from the citizens of Missouri. We congratu- employed by the Roosevelt Campobello This Week in Baseball following him late Wanda on her induction into the International Park Commission eligible to during part of his All-Star run. Missouri Press Hall of Fame. obtain Federal health insurance. Though given all of this praise, An- f S. 1716. An act to amend the U.S. Troop thony might respond much as he did in Readiness, Veterans’ Care, Katrina Recov- that Sentinel article. Commenting on IN HONOR OF PHYLLIS DUNN ery, and Iraq Accountability Appropriations ‘‘able-bodied adults who say he’s re- ∑ Act, 2007, to strike a requirement relating to Mr. NELSON of Nebraska. Mr. Presi- forage producers. markable or inspirational,’’ Anthony’s dent, today I celebrate the life of a H.R. 3206. An act to provide for an addi- response was, ‘‘You just see things dif- beautiful Nebraskan on her 80th birth- tional temporary extension of programs ferently. To me, it’s normal.’’ This can- day. under the Small Business Act and the Small do attitude has brought Anthony many Phyllis Schroeder Dunn was born on Business Investment Act of 1958 through De- admirers at an early age—and I have August 18, 1927, in Grand Island, NE. cember 15, 2007, and for other purposes. every reason to believe that this young She has called Grand Island her home The enrolled bills were subsequently man will continue to inspire and suc- ever since. signed by the President pro tempore ceed in ever bigger ways. I commend With some help from her late hus- (Mr. BYRD). Anthony for his hard work, attitude, band Joseph Dunn, she gave birth to At 6:50 p.m., a message from the and approach to living. I encourage An- nine children, all at St. Francis Med- House of Representatives, delivered by thony to keep swinging for the fences— ical Center in Grand Island. A graduate Ms. Brandon, one of its reading clerks, he has already proven that he can of the St. Francis School of Nursing, announced that the House has passed knock the ball out of the park. On and her career as an emergency and oper- the following bill, in which it requests off the diamond, we all know that An- ating room nurse spanned five decades. the concurrence of the Senate: thony Burruto is an All-Star.∑ Even as Phyllis Dunn celebrates her H.R. 3311. An act to authorize additional funds for emergency repairs and reconstruc- f 80th birthday, she remains very active tion of the Interstate I–35 bridge located in HONORING WANDA A. BROWN and is heavily involved in St. Leo’s Minneapolis, Minnesota, that collapsed on Catholic Church, her weekly quilting August 1, 2007, to waive the $100,000,000 limi- ∑ Mrs. MCCASKILL. Mr. President, I group at St. Mary’s Cathedral, and fol- tation on emergency relief funds for those ask the Senate to join me today in con- lowing the exploits of her 16 grand- emergency repairs and reconstruction, and gratulating Wanda A. Brown of children and 2 great-grandchildren. for other purposes. Harrisonville, MO. Wanda has devoted Her story is typical of lifelong Ne- At 8:31 p.m., a message from the her life to community journalism and braskans who are known for living community service. The Missouri Asso- House of Representatives, delivered by long, healthy, happy and productive Ms. Niland, one of its reading clerks, ciated Press will induct Wanda into the lives. Missouri Press Hall of Fame on Sep- announced that the House has passed Nebraska is famous for being an agri- the following bill, in which it requests tember 7, 2007. culture state that helps feed the world Wanda began her career in jour- the concurrence of the Senate: but it is the people of Nebraska, like nalism in 1946 as copublisher of the H.R. 3161. An act making appropriations Phyllis Dunn, who are its heart and Willow Springs News with her late hus- for Agriculture, Rural Development, Food soul. band J.W. Brown, Jr. With their pur- and Drug Administration, and Related Agen- f cies programs for the fiscal year ending Sep- chase of the Harrisonville Democrat- tember 30, 2008, and for other purposes. Missourian in 1955, they were able to MESSAGES FROM THE PRESIDENT form the Cass County Publishing Com- f pany. Under Wanda’s guidance as busi- Messages from the President of the MEASURES REFERRED United States were communicated to ness manager, Cass County Publishing The following bills were read the first the Senate by Mr. Williams, one of his Company operated many of western and the second times by unanimous secretaries. Missouri’s important publications in- consent, and referred as indicated: cluding the Cass County Democrat- f H.R. 31. An act to amend the Reclamation Missourian, Lee’s Summit Journal, EXECUTIVE MESSAGES REFERRED Wastewater and Groundwater Study and Fa- Belton Star Herald, Bates County Dem- cilities Act to authorize the Secretary of the ocrat and the Lawrence County As in executive session the Presiding Interior to participate in the Elsinore Valley Record. Wanda retired from publishing Officer laid before the Senate messages Municipal Water District Wildomar Service in 1985 after working in community from the President of the United Area Recycled Water Distribution Facilities and Alberhill Wastewater Treatment and journalism for 30 years. States submitting sundry nominations and a withdrawal which were referred Reclamation Facility Projects; to the Com- The State of Missouri has benefited mittee on Energy and Natural Resources. not only from Wanda’s prolific career to the appropriate committees. H.R. 176. To authorize the establishment of in journalism but also from her dedica- (The nominations received today are educational exchange and development pro- tion to public service and philan- printed at the end of the Senate pro- grams for member countries of the Caribbean thropy. Two generations of Cass Coun- ceedings.) Community (CARICOM); to the Committee ty residents have known Wanda as the on Foreign Relations. f H.R. 180. An act to require the identifica- author of ‘‘Wanda’s Favorite Recipes’’ MESSAGES FROM THE HOUSE tion of companies that conduct business op- which is a weekly column in the Demo- erations in Sudan, to prohibit United States crat-Missourian. Wanda then turned Government contracts with such companies, these columns into two cookbooks. and for other purposes; to the Committee on Proceeds from the first cookbook were ENROLLED BILLS SIGNED Banking, Housing, and Urban Affairs. donated to a local theater group, the At 5:34 p.m., a message from the H.R. 660. An act to amend title 18, United Way Off Broadway Players, and from House of Representatives, delivered by States Code, to protect judges, prosecutors, one of its clerks, announced that the witnesses, victims, and their family mem- the second book to the Cass Medical bers, and for other purposes; to the Com- Center Foundation. Speaker has signed the following bills: mittee on the Judiciary. The town of Harrisonville and the S. 1. An act to provide greater trans- H.R. 673. An act to direct the Secretary of State of Missouri have been lucky to parency in the legislative process. the Interior to take lands in Yuma County,

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10900 CONGRESSIONAL RECORD — SENATE August 3, 2007 Arizona, into trust as part of the reservation H.R. 2874. An act to amend title 38, United H.R. 3161. An act making appropriations of the Cocopah Tribe of Arizona, and for States Code, to make certain improvements for Agriculture, Rural Development, Food other purposes; to the Committee on Indian in the provision of health care to veterans, and Drug Administration, and Related Agen- Affairs. and for other purposes; to the Committee on cies programs for the fiscal year ending Sep- H.R. 735. An act to designate the Federal Veterans’ Affairs. tember 30, 2008, and for other purposes. building under construction at 799 First Ave- H.R. 2963. An act to transfer certain land in f nue in New York, New York, as the ‘‘Ronald Riverside County, California, and San Diego H. Brown United States Mission to the County, California, from the Bureau of Land ENROLLED BILLS PRESENTED United Nations Building’’; to the Committee Management to the United States to be held The Secretary of the Senate reported on Environment and Public Works. in trust for the Pechanga Band of Luiseno H.R. 957. An act to amend the Iran Sanc- Mission Indians, and for other purposes; to that on today, August 3, 2007, she had tions Act of 1996 to expand and clarify the the Committee on Indian Affairs. presented to the President of the entities against which sanctions may be im- H.R. 3067. An act to amend the United United States the following enrolled posed; to the Committee on Banking, Hous- States Housing Act of 1937 to exempt small bills: ing, and Urban Affairs. public housing agencies from the require- S. 375. An act to waive application of the H.R. 986. An act to amend the Wild and ment of preparing an annual public housing Indian Self-Determination and Education Scenic Rivers Act to designate certain seg- agency plan; to the Committee on Banking, Assistance Act to a specific parcel of real ments of the Eightmile River in the State of Housing, and Urban Affairs. property transferred by the United States to Connecticut as components of the National H.R. 3095. An act to amend the Adam 2 Indian tribes in the State of Oregon, and Wild and Scenic Rivers System, and for Walsh Child Protection and Safety Act of for other purposes. other purposes; to the Committee on Energy 2006 to modify a deadline relating to a cer- S. 975. An act granting the consent and ap- and Natural Resources. tain election by Indian tribes; to the Com- proval of Congress to an interstate forest fire H.R. 1315. An act to amend title 38, United mittee on the Judiciary. protection compact. H.R. 3123. An act to extend the designation States Code, to make certain improvements S. 1099. An act to amend chapter 89 of title of Liberia under section 244 of the Immigra- in the benefits provided to veterans under 5, United States Code, to make individuals tion and Nationality Act so that Liberians laws administered by the Secretary of Vet- employed by the Roosevelt Campobello can continue to be eligible for temporary erans Affairs, and for other purposes; to the International Park Commission eligible to protected status under that section; to the Committee on Veterans’ Affairs. obtain Federal health insurance. Committee on the Judiciary. H.R. 1696. An act to amend the Ysleta del S. 1716. An act to amend the U.S. Troop H.R. 3159. An act to mandate minimum pe- Sur Pueblo and Alabama and Coushatta In- Readiness, Veterans’ Care, Katrina Recov- riods of rest and recuperation for units and dian Tribes of Texas Restoration Act to ery, and Iraq Accountability Appropriations members of the regular and reserve compo- allow the Ysleta del Sur Pueblo tribe to de- Act, 2007, to strike a requirement relating to nents of the Armed Forces between deploy- termine blood quantum requirement for forage producers. membership in that Tribe; to the Committee ments for Operation Iraqi Freedom or Oper- on Indian Affairs. ation Enduring Freedom; to the Committee f H.R. 1700. An act to amend the Omnibus on Armed Services. EXECUTIVE AND OTHER H.R. 3184. An act to authorize the Sec- Crime Control and Safe Streets Act of 1968 to COMMUNICATIONS enhance the COPS ON THE BEAT grant pro- retary of Agriculture to carry out a competi- gram, and for other purposes; to the Com- tive grant program for the Puget Sound area The following communications were mittee on the Judiciary. to provide comprehensive conservation plan- laid before the Senate, together with H.R. 2107. An act to create the Office of ning to address water quality; to the Com- accompanying papers, reports, and doc- Chief Financial Officer of the Government of mittee on Agriculture, Nutrition, and For- uments, and were referred as indicated: the Virgin Islands, and for other purposes; to estry. the Committee on Energy and Natural Re- H.R. 3248. An act to amend the Safe, Ac- EC–2789. A communication from the Chair- sources. countable, Flexible, Efficient Transportation man and President, Export-Import Bank of H.R. 2120. An act to direct the Secretary of Equity Act: A Legacy for Users to make the United States, transmitting, pursuant to the Interior to proclaim as reservation for technical corrections, and for other pur- law, a report relative to a transaction in- the benefit of the Sault Ste. Marie Tribe of poses; to the Committee on Environment and volving exports necessary to support the op- Chippewa Indians a parcel of land now held Public Works. eration of a greenfield petrochemical plant in trust by the United States for that Indian The following concurrent resolutions in Saudi Arabia; to the Committee on Bank- ing, Housing, and Urban Affairs. tribe; to the Committee on Indian Affairs. were read, and referred as indicated: H.R. 2347. An act to authorize State and EC–2790. A communication from the Sec- H. Con. Res. 49. Concurrent resolution rec- local governments to direct divestiture from, retary of Transportation, transmitting, pur- ognizing the 75th anniversary of the Military and prevent investment in, companies with suant to law, a report relative to the dis- Order of the Purple Heart and commending investments of $20,000,000 or more in Iran’s ability-related complaints that air carriers recipients of the Purple Heart for their cour- energy sector, companies that sell arms to operating within the United States received age and sacrifice on behalf of the United the Government of Iran, and financial insti- during calendar year 2006; to the Committee States; to the Committee on Armed Services. tutions that extend $20,000,000 or more in on Commerce, Science, and Transportation. H. Con. Res. 136. Concurrent resolution ex- credit to the Government of Iran for 45 days EC–2791. A communication from the Prin- pressing the sense of Congress regarding high or more, and for other purposes; to the Com- cipal Deputy Associate Administrator, Office level visits to the United States by demo- mittee on Banking, Housing, and Urban Af- of Policy, Economics and Innovation, Envi- cratically-elected officials of Taiwan; to the fairs. ronmental Protection Agency, transmitting, Committee on Foreign Relations. H.R. 2623. An act to amend title 38, United pursuant to law, the report of a rule entitled H. Con. Res. 143. Concurrent resolution States Code, to prohibit the collection of co- ‘‘Fenazaquin, 4-tert-butylphenethyl honoring National Historic Landmarks; to payments for all hospice care furnished by Quinazolin-4-yl Ether; Pesticide Import Tol- the Committee on Energy and Natural Re- the Department of Veterans Affairs; to the erance’’ (FRL No. 8141–3) received on August sources. 2, 2007; to the Committee on Environment Committee on Veterans’ Affairs. H. Con. Res. 188. Concurrent resolution H.R. 2707. An act to reauthorize the Under- and Public Works. condemning the attack on the AMIA Jewish EC–2792. A communication from the Ad- ground Railroad Educational and Cultural Community Center in Buenos Aires, Argen- Program; to the Committee on Health, Edu- ministrator, Environmental Protection tina, in July 1994, and for other purposes; to Agency, transmitting, pursuant to law, a re- cation, Labor, and Pensions. the Committee on Foreign Relations. H.R. 2722. An act to restructure the Coast port relative to the Agency’s server and data Guard Integrated Deepwater Program, and f center energy efficiency; to the Committee for other purposes; to the Committee on MEASURES PLACED ON THE on Environment and Public Works. EC–2793. A communication from the Chief Commerce, Science, and Transportation. CALENDAR H.R. 2750. To require the Secretary of the of the Publications and Regulations Branch, Treasury to mint coins in commemoration of The following bill was read the sec- Internal Revenue Service, Department of the the 50th anniversary of the establishment of ond time, and placed on the calendar: Treasury, transmitting, pursuant to law, the the National Aeronautics and Space Admin- S. 1974. A bill to make technical correc- report of a rule entitled ‘‘AJCA Modifica- istration; to the Committee on Banking, tions related to the Pension Protection Act tions to the Section 6112 Regulations’’ Housing, and Urban Affairs. of 2006. ((RIN1545–BE28) (TD 9352)) received on Au- H.R. 2765. An act to designate the facility gust 2, 2007; to the Committee on Finance. of the United States Postal Service located The following bills were read the first EC–2794. A communication from the Chief at 44 North Main Street in Hughesville, and second times by unanimous con- of the Publications and Regulations Branch, Pennsylvania, as the ‘‘Master Sergeant Sean sent, and placed on the calendar: Internal Revenue Service, Department of the Michael Thomas Post Office’’; to the Com- H.R. 1361. An act to improve the disaster Treasury, transmitting, pursuant to law, the mittee on Homeland Security and Govern- relief programs of the Small Business Ad- report of a rule entitled ‘‘AJCA Modifica- mental Affairs. ministration, and for other purposes. tions to the Section 6111 Regulations’’

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10901 ((RIN1545–BE26) (TD 9351)) received on Au- By Mr. KENNEDY, from the Committee on INTRODUCTION OF BILLS AND gust 2, 2007; to the Committee on Finance. Health, Education, Labor, and Pensions, JOINT RESOLUTIONS EC–2795. A communication from the Chief with an amendment in the nature of a sub- of the Publications and Regulations Branch, stitute and an amendment to the title: The following bills and joint resolu- Internal Revenue Service, Department of the S. 898. A bill to amend the Public Health tions were introduced, read the first Treasury, transmitting, pursuant to law, the Service Act to fund breakthroughs in Alz- and second times by unanimous con- report of a rule entitled ‘‘AJCA Modifica- heimer’s disease research while providing sent, and referred as indicated: tions to the Section 6011 Regulations’’ more help to caregivers and increasing pub- By Mr. ALLARD (for himself and Mr. ((RIN1545–BE24) (TD 9350)) received on Au- lic education about prevention. REED): gust 2, 2007; to the Committee on Finance. By Mr. KENNEDY, from the Committee on S. 1985. A bill to improve access of senior EC–2796. A communication from the Chief Health, Education, Labor, and Pensions, homeowners to capital; to the Committee on of the Publications and Regulations Branch, with an amendment in the nature of a sub- Banking, Housing, and Urban Affairs. Internal Revenue Service, Department of the stitute: By Mr. ALLARD (for himself and Mr. Treasury, transmitting, pursuant to law, the S. 1183. A bill to enhance and further re- SALAZAR): report of a rule entitled ‘‘Qualified Sever- search into paralysis and to improve reha- S. 1986. A bill to authorize the Secretary of ance of a Trust for Generation-Skipping bilitation and the quality of life for persons Treasury to prescribe the weights and the Transfer Tax Purposes’’ ((RIN1545–BC50) (TD living with paralysis and other physical dis- compositions of circulating coins, and for 9348)) received on August 2, 2007; to the Com- abilities, and for other purposes. other purposes; to the Committee on Bank- mittee on Finance. ing, Housing, and Urban Affairs. EC–2797. A communication from the Assist- f By Ms. STABENOW (for herself, Mr. ant Legal Adviser for Treaty Affairs, Depart- KERRY, Mrs. CLINTON, Mr. LEVIN, Ms. ment of State, transmitting, pursuant to the EXECUTIVE REPORTS OF MIKULSKI, Mrs. MCCASKILL, and Ms. Case-Zablocki Act, 1 U.S.C. 112b, as amended, COMMITTEES CANTWELL): the report of the texts and background state- S. 1987. A bill to amend the Internal Rev- ments of international agreements, other The following executive reports of enue Code of 1986 to provide for alternative than treaties (List 2007–153—2007–160); to the nominations were submitted: motor vehicle facility bonds; to the Com- Committee on Foreign Relations. By Mr. LEAHY for the Committee on the mittee on Finance. EC–2798. A communication from the Chief, Judiciary. By Ms. STABENOW (for herself, Mr. Regulatory Management Division, Depart- Leslie Southwick, of Mississippi, to be SMITH, Ms. KLOBUCHAR, and Mr. LIE- ment of Homeland Security, transmitting, United States Circuit Judge for the Fifth BERMAN): pursuant to law, the report of a rule entitled Circuit. S. 1988. A bill to amend the Internal Rev- ‘‘Temporary Adjustment of the Immigration Rosa Emilia Rodriguez-Velez, of Puerto enue Code of 1986 to allow a refundable credit and Naturalization Benefit Application and Rico, to be United States Attorney for the against income tax for the purchase of a Petition Fee Schedule for Certain Adjust- District of Puerto Rico for the term of 4 principal residence by a first-time home- ment of Status and Related Applications’’ years. buyer; to the Committee on Finance. (RIN1615–AB60) received on August 2, 2007; to By Mr. OBAMA: the Committee on the Judiciary. (Nominations without an asterisk S. 1989. A bill to provide a mechanism for EC–2799. A communication from the Chief were reported with the recommenda- the determination on the merits of the Justice of the Supreme Court of the United tion that they be confirmed.) claims of claimants who met the class cri- States, transmitting, pursuant to law, a re- teria in a civil action relating to racial dis- port entitled ‘‘Report of the Proceedings of f crimination by the Department of Agri- the Judicial Conference of the United States culture but who were denied that determina- for the March 2007 Session’’; to the Com- EXECUTIVE FINANCIAL tion; to the Committee on the Judiciary. mittee on the Judiciary. DISCLOSURE REPORT By Mr. ROCKEFELLER (for himself, f Mr. INOUYE, and Mr. SANDERS): Mark Green, of Wisconsin, to be Ambas- S. 1990. A bill to amend part D of title III REPORTS OF COMMITTEES sador Extraordinary and Plenipotentiary of of the Public Health Service Act to authorize The following reports of committees the United States of America to the United grants and loan guarantees for health cen- Republic of Tanzania: ters to enable the centers to fund capital were submitted: Nominee: Mark Green. By Mr. AKAKA, from the Committee on needs projects, and for other purposes; to the Post: Ambassador to Tanzania. Committee on Health, Education, Labor, and Veterans’ Affairs: (The following is a list of all members of Special Report entitled ‘‘Legislative and Pensions. my immediate family and their spouses. I By Mr. BUNNING: Oversight Activities During the 109th Con- have asked each of these persons to inform gress by the Senate Committee on Veterans’ S. 1991. A bill to authorize the Secretary of me of the pertinent contributions made by the Interior to conduct a study to determine Affairs’’ (Rept. No. 110–141). them. To the best of my knowledge, the in- By Mr. INOUYE, from the Committee on the suitability and feasibility of extending formation contained in this report is com- the Lewis and Clark National Historic Trail Commerce, Science, and Transportation, plete and accurate.) with an amendment in the nature of a sub- to include additional sites associated with Contributions, amount, date, and donee: the preparation and return phases of the ex- stitute: 1. Self: none. S. 428. A bill to amend the Wireless Com- pedition, and for other purposes; to the Com- 2. Spouse: Susan Green, none. munications and Public Safety Act of 1999, mittee on Energy and Natural Resources. 3. Children: Rachel Green, none; Anna and for other purposes (Rept. No. 110–142). By Mrs. MCCASKILL: By Mr. AKAKA, from the Committee on Green, none; Alex Green, none. S. 1992. A bill to preserve the recall rights Veterans’ Affairs, with an amendment in the 4. Parents: Jeremy Green, none; Elizabeth of airline employees, and for other purposes; nature of a substitute: Green, $43, 5/27/2003, Green for Congress; $100, to the Committee on Health, Education, S. 1163. A bill to amend title 38, United 12/12/2003, Green for Congress; $50, 12/15/2003, Labor, and Pensions. States Code, to improve compensation and Green for Congress; $50, 12/16/2004, Green for By Mr. BROWN: specially adapted housing for veterans in Congress. S. 1993. A bill to modify the boundary of certain cases of impairment of vision involv- 5. Grandparents: Frank Green, deceased; the Hopewell Culture National Historical ing both eyes, and to provide for the use of Ruth Green, deceased; Ernest Sidney Roome, Park in the State of Ohio, and for other pur- the National Directory of New Hires for in- deceased; Mary Olive Roome, Deceased. poses; to the Committee on Energy and Nat- come verification purposes (Rept. No. 110– 6. Brothers and spouses: Adam Green, none; ural Resources. 143). Karin Green, none; Chris Green, $100, 5/10/ By Mr. SALAZAR (for himself, Mr. By Mr. INOUYE, from the Committee on 2007, Tommy Thompson for President; Heidi ROBERTS, Mrs. FEINSTEIN, and Mr. Commerce, Science, and Transportation, Green, $100, 5/26/2004, Green for Congress. CRAPO): with amendments: 7. Green for Congress, $500, 4/1/2003, Gingrey S. 1994. A bill to amend the Internal Rev- S. 1300. A bill to amend title 49, United for Congress; $500, 4/1/2003, Renzi for Con- enue Code of 1986 to exempt certain farmland States Code, to authorize appropriations for gress; $500, 4/1/2003, Chocola for Congress; from the estate tax; to the Committee on Fi- the Federal Aviation Administration for fis- $500, 4/1/2003, Burns for Congress; $500, 4/1/ nance. cal years 2008 through 2011, to improve avia- 2003, Gerlach for Congress; $2,000, 10/1/2003, By Mr. SALAZAR (for himself, Mr. tion safety and capacity, to modernize the Bush/Cheney ’04; $1,000, 12/22/2003, Alice CHAMBLISS, Mr. TESTER, Mr. ISAKSON, air traffic control system, and for other pur- Forgy Kerr for Congress; $1,000, 10/8/2004, and Mr. BURR): poses (Rept. No. 110–144). Wohlgemuth for Congress; $12,000, 10/8/2004, S. 1995. A bill to amend the Internal Rev- By Mr. KERRY, from the Committee on National Republican Congressional Com- enue Code of 1986 to reduce the tax on beer to Small Business and Entrepreneurship: mittee (NRCC); $13,000, 10/8/2004, National Re- its pre-1991 level; to the Committee on Fi- Special Report entitled ‘‘Summary of Leg- publican Congressional Committee (NRCC); nance. islative and Oversight Activities During the $12,000, 10/27/2004, National Republican Con- By Mr. BINGAMAN (for himself, Mr. 109th Congress’’ (Rept. No. 110–145). gressional Committee (NRCC). BURR, and Mrs. MURRAY):

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10902 CONGRESSIONAL RECORD — SENATE August 3, 2007 S. 1996. A bill to reauthorize the Enhancing the Interstate I-35 bridge located in Min- goals of finding a mutually-acceptable offi- Education Through Technology Act of 2001, neapolis, Minnesota, that collapsed on Au- cial name for FYROM; to the Committee on and for other purposes; to the Committee on gust 1, 2007, to waive the $100,000,000 limita- Foreign Relations. Health , Education, Labor, and Pensions. tion on emergency relief funds for those By Mrs. LINCOLN (for herself and Mr. By Mrs. MCCASKILL: emergency repairs and reconstruction, and PRYOR): S. 1997. A bill to require all new and up- for other purposes; to the Committee on En- S. Res. 301. A resolution recognizing the graded fuel pumps to be equipped with auto- vironment and Public Works. 50th anniversary of the desegregation of Lit- matic temperature compensation equipment, By Mr. LIEBERMAN: tle Rock Central High School, one of the and for other purposes; to the Committee on S. 2010. A bill to require prisons and other most significant events in the American Commerce, Science, and Transportation. detention facilities holding Federal prisoners civil rights movement; to the Committee on By Mr. DURBIN (for himself, Mr. or detainees under a contract with the Fed- the Judiciary. HAGEL, Mrs. FEINSTEIN, Mrs. CLINTON, eral Government to make the same informa- By Mr. FEINGOLD (for himself, Mr. Mr. DODD, Mrs. MURRAY, and Mr. tion available to the public that Federal HARKIN, and Mrs. BOXER): JOHNSON): prisons and detention facilities are required S. Res. 302. A resolution censuring the S. 1998. A bill to reduce child marriage, and to do by law; to the Committee on the Judi- President and Vice President; to the Com- for other purposes; to the Committee on For- ciary. mittee on Foreign Relations. eign Relations. By Mr. LEVIN (for himself and Mr. By Mr. FEINGOLD (for himself and Mr. By Mr. KERRY (for himself, Mr. ROCKEFELLER): HARKIN): HAGEL, Mr. DOMENICI, and Mr. S. 2011. A bill entitled ‘‘The Protect Amer- S. Res. 303. A resolution censuring the OBAMA): ica Act of 2007’’; read twice. President and the Attorney General; to the S. 1999. A bill to provide for the establish- By Mr. THUNE: Committee on the Judiciary. ment of a Center of Excellence in Preven- S. 2012. A bill to amend the U.S. Troop By Mr. SUNUNU (for himself and Mr. tion, Diagnosis, Mitigation, Treatment, and Readiness, Veterans’ Care, Katrina Recov- GREGG): Rehabilitation of Military Eye Injuries, and ery, and Iraq Accountability Appropriations S. Res. 304. A resolution congratulating for other purposes; to the Committee on Act, 2007, to extend the period of emergency Charles Simic on being named the 15th Poet Armed Services. financial assistance to certain individuals Laureate of the United States of America by By Mr. DODD (by request): and entities; to the Committee on Agri- the Library of Congress; considered and S. 2000. A bill to amend and extend the Ex- culture, Nutrition, and Forestry. agreed to. port Administration Act of 1979 and for other By Mr. BROWN (for himself and Mr. By Mr. SPECTER (for himself, Mr. purposes; to the Committee on Banking, VOINOVICH): HARKIN, and Mr. LAUTENBERG): Housing, and Urban Affairs. S. 2013. A bill to initially apply the re- S. Res. 305. A resolution to express the By Mr. LIEBERMAN (for himself, Ms. quired use of tamper-resistant prescription sense of the Senate regarding the Medicare LANDRIEU, and Mr. COLEMAN): pads under the Medicaid Program to sched- national coverage determination on the S. 2001. A bill to amend the Elementary ule II narcotic drugs and to delay the appli- treatment of anemia in cancer patients; to and Secondary Education Act of 1965, and for cation of the requirement to other prescrip- the Committee on Finance. other purposes; to the Committee on Health, tion drugs for 18 months; to the Committee By Mr. REID: Education, Labor, and Pensions. on Finance. S. Con. Res. 43. A concurrent resolution By Mr. HATCH (for himself, Mr. SALA- By Mr. BROWN (for himself, Mrs. CLIN- providing for a conditional adjournment or ZAR, Mr. SMITH, and Mr. KERRY): TON, and Mr. SANDERS): recess of the Senate, and a conditional ad- S. 2002. A bill to amend the Internal Rev- S. 2014. A bill to provide for statewide lon- journment of the House of Representatives; enue Code of 1986 to simplify certain provi- gitudinal data systems to improve elemen- considered and agreed to. sions applicable to real estate investment tary and secondary education, and for other f trusts, and for other purposes; to the Com- purposes; to the Committee on Health, Edu- ADDITIONAL COSPONSORS mittee on Finance. cation, Labor, and Pensions. By Ms. COLLINS (for herself, Mr. WAR- By Mr. KYL: S. 399 NER, and Mr. VOINOVICH): S. 2015. A bill to increase the economic S. 2003. A bill to facilitate the part-time re- At the request of Mr. BUNNING, the pressure on terror sponsoring states, and for employment of annuitants, and for other names of the Senator from New York other purposes; to the Committee on Bank- purposes; to the Committee on Homeland Se- (Mrs. CLINTON) and the Senator from ing, Housing, and Urban Affairs. curity and Governmental Affairs. Arkansas (Mrs. LINCOLN) were added as By Mr. STEVENS (for himself, Mr. By Mrs. MURRAY (for herself and Mr. INOUYE, Ms. CANTWELL, Ms. SNOWE, cosponsors of S. 399, a bill to amend CRAIG): Ms. MURKOWSKI, Mr. SUNUNU, Mr. title XIX of the Social Security Act to S. 2004. A bill to amend title 38, United COCHRAN, Mr. KERRY, Ms. COLLINS, include podiatrists as physicians for States Code, to establish epilepsy centers of Mrs. MURRAY, and Mrs. BOXER): purposes of covering physicians serv- excellence in the Veterans Health Adminis- S.J. Res. 17. A joint resolution directing tration of the Department of Veterans Af- ices under the Medicaid program. the United States to initiate international fairs, and for other purposes; to the Com- S. 402 discussions and take necessary steps with mittee on Veterans’ Affairs. other Nations to negotiate an agreement for At the request of Mrs. LINCOLN, the By Mrs. CLINTON (for herself, Mr. managing migratory and transboundary fish name of the Senator from Tennessee SANDERS, and Mrs. MURRAY): stocks in the Arctic Ocean; to the Com- (Mr. ALEXANDER) was added as a co- S. 2005. A bill to amend the Public Health mittee on Foreign Relations. sponsor of S. 402, a bill to amend the Service Act to provide education on the health consequences of exposure to second- f Internal Revenue Code of 1986 to allow hand smoke, and for other purposes; to the a deduction for qualified timber gains. Committee on Health, Education, Labor, and SUBMISSION OF CONCURRENT AND S. 431 Pensions. SENATE RESOLUTIONS At the request of Mr. SCHUMER, the By Ms. LANDRIEU: The following concurrent resolutions name of the Senator from Massachu- S. 2006. A bill to provide for disaster assist- and Senate resolutions were read, and setts (Mr. KERRY) was added as a co- ance for power transmission and distribution facilities, and for other purposes; to the referred (or acted upon), as indicated: sponsor of S. 431, a bill to require con- Committee on Environment and Public By Mr. MENENDEZ (for himself and victed sex offenders to register online Works. Mr. CORNYN): identifiers, and for other purposes. By Mr. HARKIN: S. Res. 299. A resolution recognizing the re- S. 450 S. 2007. A bill to amend part B of title ligious and historical significance of the fes- At the request of Mr. ENSIGN, the XVIII of the Social Security Act to provide tival of Diwali; to the Committee on the Ju- name of the Senator from New Mexico a floor of 1.0 for the practice expense and for diciary. (Mr. DOMENICI) was added as a cospon- the work expense geographic practice cost By Mr. MENENDEZ (for himself, Ms. indices (GPCI) under the Medicare Program; SNOWE, and Mr. OBAMA): sor of S. 450, a bill to amend title XVIII to the Committee on Finance. S. Res. 300. A resolution expressing the of the Social Security Act to repeal the By Ms. LANDRIEU: sense of the Senate that the Former Yugo- medicare outpatient rehabilitation S. 2008. A bill to reform the single family slav Republic of Macedonia (FYROM) should therapy caps. housing loan guarantee program under the stop the utilization of materials that violate S. 456 Housing Act of 1949; to the Committee on provisions of the United Nations-brokered At the request of Mrs. FEINSTEIN, the Banking, Housing, and Urban Affairs. Interim Agreement between FYROM and By Ms. KLOBUCHAR (for herself and Greece regarding ‘‘hostile activities or prop- names of the Senator from Connecticut Mr. COLEMAN): aganda’’ and should work with the United (Mr. DODD) and the Senator from Ne- S. 2009. A bill to authorize additional funds Nations and Greece to achieve longstanding braska (Mr. HAGEL) were added as co- for emergency repairs and reconstruction of United States and United Nations policy sponsors of S. 456, a bill to increase and

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10903 enhance law enforcement resources (Mr. HARKIN) was added as a cosponsor sponsor of S. 1259, a bill to amend the committed to investigation and pros- of S. 803, a bill to repeal a provision en- Foreign Assistance Act of 1961 to pro- ecution of violent gangs, to deter and acted to end Federal matching of State vide assistance for developing coun- punish violent gang crime, to protect spending of child support incentive tries to promote quality basic edu- law-abiding citizens and communities payments. cation and to establish the achieve- from violent criminals, to revise and S. 814 ment of universal basic education in enhance criminal penalties for violent At the request of Mr. SPECTER, the all developing countries as an objective crimes, to expand and improve gang name of the Senator from Oregon (Mr. of United States foreign assistance pol- prevention programs, and for other SMITH) was added as a cosponsor of S. icy, and for other purposes. purposes. 814, a bill to amend the Internal Rev- S. 1328 S. 558 enue Code of 1986 to allow the deduc- At the request of Mr. LEAHY, the At the request of Mr. CORKER, his tion of attorney-advanced expenses and name of the Senator from Massachu- name was added as a cosponsor of S. court costs in contingency fee cases. setts (Mr. KENNEDY) was added as a co- 558, a bill to provide parity between S. 881 sponsor of S. 1328, a bill to amend the health insurance coverage of mental At the request of Mrs. LINCOLN, the Immigration and Nationality Act to health benefits and benefits for med- names of the Senator from Mississippi eliminate discrimination in the immi- ical and surgical services. (Mr. LOTT) and the Senator from Geor- gration laws by permitting permanent At the request of Mr. KENNEDY, the gia (Mr. CHAMBLISS) were added as co- partners of United States citizens and names of the Senator from West Vir- sponsors of S. 881, a bill to amend the lawful permanent residents to obtain ginia (Mr. ROCKEFELLER) and the Sen- Internal Revenue Code of 1986 to extend lawful permanent resident status in ator from Connecticut (Mr. DODD) were and modify the railroad track mainte- the same manner as spouses of citizens added as cosponsors of S. 558, supra. nance credit. and lawful permanent residents and to S. 576 S. 932 penalize immigration fraud in connec- At the request of Mr. OBAMA, his tion with permanent partnerships. At the request of Mrs. LINCOLN, the name was added as a cosponsor of S. name of the Senator from New Mexico S. 1338 576, a bill to provide for the effective (Mr. DOMENICI) was added as a cospon- At the request of Mr. ROCKEFELLER, prosecution of terrorists and guarantee sor of S. 932, a bill to amend title XVIII the name of the Senator from New due process rights. of the Social Security Act to authorize Mexico (Mr. DOMENICI) was added as a S. 580 physical therapists to evaluate and cosponsor of S. 1338, a bill to amend At the request of Mr. HATCH, the treat Medicare beneficiaries without a title XVIII of the Social Security Act name of the Senator from Kansas (Mr. requirement for a physician referral, to provide for a two-year moratorium ROBERTS) was added as a cosponsor of and for other purposes. on certain Medicare physician payment S. 580, a bill to amend the National reductions for imaging services. S. 970 Trails System Act to require the Sec- S. 1356 At the request of Mr. SMITH, the retary of the Interior to update the fea- At the request of Mr. BROWN, the name of the Senator from Massachu- sibility and suitability studies of four name of the Senator from New Mexico setts (Mr. KENNEDY) was added as a co- national historic trails, and for other (Mr. DOMENICI) was added as a cospon- sponsor of S. 970, a bill to impose sanc- purposes. sor of S. 1356, a bill to amend the Fed- tions on Iran and on other countries for S. 600 eral Deposit Insurance Act to establish assisting Iran in developing a nuclear At the request of Mr. SMITH, the industrial bank holding company regu- program, and for other purposes. names of the Senator from Michigan lation, and for other purposes. S. 1015 (Mr. LEVIN) and the Senator from S. 1390 At the request of Mr. COCHRAN, the Michigan (Ms. STABENOW) were added At the request of Mrs. CLINTON, the name of the Senator from Iowa (Mr. as cosponsors of S. 600, a bill to amend name of the Senator from New Jersey GRASSLEY) was added as a cosponsor of the Public Health Service Act to estab- (Mr. MENENDEZ) was added as a cospon- S. 1015, a bill to reauthorize the Na- lish the School-Based Health Clinic sor of S. 1390, a bill to provide for the tional Writing Project. program, and for other purposes. issuance of a ‘‘forever stamp’’ to honor S. 1160 S. 771 the sacrifices of the brave men and At the request of Mr. HARKIN, the At the request of Ms. STABENOW, the women of the armed forces who have names of the Senator from Rhode Is- name of the Senator from Florida (Mr. been awarded the Purple Heart. land (Mr. WHITEHOUSE) and the Senator NELSON) was added as a cosponsor of S. S. 1545 from Michigan (Mr. LEVIN) were added 1160, a bill to ensure an abundant and At the request of Mr. ALEXANDER, the as cosponsors of S. 771, a bill to amend affordable supply of highly nutritious name of the Senator from Pennsyl- the Child Nutrition Act of 1966 to im- fruits, vegetables, and other specialty vania (Mr. SPECTER) was added as a co- prove the nutrition and health of crops for American consumers and sponsor of S. 1545, a bill to implement schoolchildren by updating the defini- international markets by enhancing the recommendations of the Iraq Study tion of ‘‘food of minimal nutritional the competitiveness of United States- Group. grown specialty crops. value’’ to conform to current nutrition S. 1572 science and to protect the Federal in- S. 1175 At the request of Mr. BINGAMAN, the vestment in the national school lunch At the request of Mr. DURBIN, the name of the Senator from Hawaii (Mr. and breakfast programs. name of the Senator from Arkansas AKAKA) was added as a cosponsor of S. S. 775 (Mrs. LINCOLN) was added as a cospon- 1572, a bill to increase the number of At the request of Mr. CARPER, the sor of S. 1175, a bill to end the use of well-trained mental health service pro- name of the Senator from Pennsyl- child soldiers in hostilities around the fessionals (including those based in vania (Mr. CASEY) was added as a co- world, and for other purposes. schools) providing clinical mental sponsor of S. 775, a bill to establish a S. 1196 health care to children and adoles- National Commission on the Infra- At the request of Mr. LIEBERMAN, the cents, and for other purposes. structure of the United States. name of the Senator from New Mexico S. 1605 S. 791 (Mr. DOMENICI) was added as a cospon- At the request of Mr. CONRAD, the At the request of Mr. DURBIN, his sor of S. 1196, a bill to improve mental name of the Senator from Louisiana name was added as a cosponsor of S. health care for wounded members of (Ms. LANDRIEU) was added as a cospon- 791, a bill to establish a collaborative the Armed Forces, and for other pur- sor of S. 1605, a bill to amend title program to protect the Great Lakes, poses. XVIII of the Social Security Act to and for other purposes. S. 1259 protect and preserve access of Medicare S. 803 At the request of Mrs. CLINTON, the beneficiaries in rural areas to health At the request of Mr. ROCKEFELLER, name of the Senator from South Da- care providers under the Medicare pro- the name of the Senator from Iowa kota (Mr. JOHNSON) was added as a co- gram, and for other purposes.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10904 CONGRESSIONAL RECORD — SENATE August 3, 2007 S. 1628 (Mr. SANDERS) was added as a cospon- a cosponsor of S. 1965, a bill to protect At the request of Mr. BINGAMAN, the sor of S. 1823, a bill to set the United children from cybercrimes, including name of the Senator from New Mexico States on track to ensure children are crimes by online predators, to enhance (Mr. DOMENICI) was added as a cospon- ready to learn when they begin kinder- efforts to identify and eliminate child sor of S. 1628, a bill to amend the Pub- garten. pornography, and to help parents lic Health Service Act to authorize pro- S. 1825 shield their children from material grams to increase the number of nurse At the request of Mr. WEBB, the name that is inappropriate for minors. faculty and to increase the domestic of the Senator from Arkansas (Mr. S. 1970 nursing and physical therapy work- PRYOR) was added as a cosponsor of S. At the request of Mr. DODD, the name force, and for other purposes. 1825, a bill to provide for the study and of the Senator from Massachusetts S. 1638 investigation of wartime contracts and (Mr. KENNEDY) was added as a cospon- At the request of Mr. LEAHY, the contracting processes in Operation sor of S. 1970, a bill to establish a Na- name of the Senator from Washington Iraqi Freedom and Operation Enduring tional Commission on Children and (Ms. CANTWELL) was added as a cospon- Freedom, and for other purposes. Disasters, a National Resource Center sor of S. 1638, a bill to adjust the sala- S. 1843 on Children and Disasters, and for ries of Federal justices and judges, and At the request of Mr. KENNEDY, the other purposes. for other purposes. name of the Senator from New Mexico S. 1975 S. 1651 (Mr. BINGAMAN) was added as a cospon- At the request of Mr. DODD, the name At the request of Mr. MENENDEZ, his sor of S. 1843, a bill to amend title VII of the Senator from Rhode Island (Mr. name was added as a cosponsor of S. of the Civil Rights Act of 1964 and the WHITEHOUSE) was added as a cosponsor 1651, a bill to assist certain Iraqis who Age Discrimination in Employment of S. 1975, a bill to expand family and have worked directly with, or are Act of 1967 to clarify that an unlawful medical leave in support of threatened by their association with, practice occurs each time compensa- servicemembers with combat-related the United States, and for other pur- tion is paid pursuant to a discrimina- injuries. poses. tory compensation decision or other S. RES. 178 S. 1669 practice, and for other purposes. At the request of Mr. BINGAMAN, the At the request of Ms. STABENOW, the S. 1895 name of the Senator from Vermont name of the Senator from Maryland At the request of Mr. REED, the name (Mr. SANDERS) was added as a cospon- (Mr. CARDIN) was added as a cosponsor of the Senator from Rhode Island (Mr. sor of S. Res. 178, a resolution express- of S. 1669, a bill to amend titles XIX WHITEHOUSE) was added as a cosponsor and XXI of the Social Security Act to of S. 1895, a bill to aid and support pe- ing the sympathy of the Senate to the ensure payment under Medicaid and diatric involvement in reading and families of women and girls murdered the State Children’s Health Insurance education. in Guatemala, and encouraging the Program (SCHIP) for covered items and United States to work with Guatemala S. 1898 to bring an end to these crimes. services furnished by school-based At the request of Mrs. CLINTON, the health clinics. name of the Senator from Rhode Island S. RES. 269 S. 1730 (Mr. WHITEHOUSE) was added as a co- At the request of Mr. LAUTENBERG, At the request of Mr. SMITH, the sponsor of S. 1898, a bill to amend the the names of the Senator from Alaska name of the Senator from New Mexico Family and Medical Leave Act of 1993 (Mr. STEVENS) and the Senator from (Mr. BINGAMAN) was added as a cospon- to expand family and medical leave for Oklahoma (Mr. COBURN) were added as sor of S. 1730, a bill to amend part A of spouses, sons, daughters, and parents of cosponsors of S. Res. 269, a resolution title IV of the Social Security Act, to servicemembers with combat-related expressing the sense of the Senate that reward States for engaging individuals injuries. the Citizens’ Stamp Advisory Com- mittee should recommend to the Post- with disabilities in work activities, and S. 1934 master General that a commemorative for other purposes. At the request of Mr. CARDIN, the postage stamp be issued in honor of S. 1744 names of the Senator from Pennsyl- former United States Representative At the request of Mrs. BOXER, the vania (Mr. SPECTER) and the Senator Barbara Jordan. name of the Senator from New Mexico from Pennsylvania (Mr. CASEY) were (Mr. BINGAMAN) was added as a cospon- added as cosponsors of S. 1934, a bill to S. RES. 296 sor of S. 1744, a bill to prohibit the ap- extend the existing provisions regard- At the request of Mr. STEVENS, the plication of certain restrictive eligi- ing the eligibility for essential air name of the Senator from Indiana (Mr. bility requirements to foreign non- service subsidies through fiscal year BAYH) was added as a cosponsor of S. governmental organizations with re- 2012, and for other purposes. Res. 296, a resolution designating Sep- spect to the provision of assistance S. 1953 tember 2007 as ‘‘National Youth Court under part I of the Foreign Assistance At the request of Mr. FEINGOLD, the Month’’. Act of 1961. name of the Senator from Wisconsin AMENDMENT NO. 2063 S. 1755 (Mr. KOHL) was added as a cosponsor of At the request of Mr. SPECTER, his At the request of Mr. CASEY, the S. 1953, a bill to amend the Agricul- name was added as a cosponsor of name of the Senator from Ohio (Mr. tural Manufacturing Act of 1946 to re- amendment No. 2063 intended to be pro- BROWN) was added as a cosponsor of S. quire labeling of raw agricultural posed to H.R. 1585, to authorize appro- 1755, a bill to amend the Richard B. forms of ginseng, including the country priations for fiscal year 2008 for mili- Russell National School Lunch Act to of harvest, and for other purposes. tary activities of the Department of make permanent the summer food S. 1963 Defense, for military construction, and service pilot project for rural areas of At the request of Mr. ROCKEFELLER, for defense activities of the Depart- Pennsylvania and apply the program to the names of the Senator from Penn- ment of Energy, to prescribe military rural areas of every State. sylvania (Mr. CASEY) and the Senator personnel strengths for such fiscal S. 1795 from South Dakota (Mr. JOHNSON) were year, and for other purposes. At the request of Mr. KENNEDY, the added as cosponsors of S. 1963, a bill to AMENDMENT NO. 2125 name of the Senator from Iowa (Mr. amend the Internal Revenue Code of At the request of Mrs. FEINSTEIN, the HARKIN) was added as a cosponsor of S. 1986 to allow bonds guaranteed by the name of the Senator from Wisconsin 1795, a bill to improve access to work- Federal home loan banks to be treated (Mr. FEINGOLD) was added as a cospon- ers’ compensation programs for injured as tax exempt bonds. sor of amendment No. 2125 intended to Federal employees. S. 1965 be proposed to H.R. 1585, to authorize S. 1823 At the request of Mr. STEVENS, the appropriations for fiscal year 2008 for At the request of Mrs. CLINTON, the name of the Senator from West Vir- military activities of the Department name of the Senator from Vermont ginia (Mr. ROCKEFELLER) was added as of Defense, for military construction,

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10905 and for defense activities of the De- bone of America’s health care safety (2) Health centers, including community partment of Energy, to prescribe mili- net. Encompassing a network of over health centers, migrant health centers, tary personnel strengths for such fiscal 1,000 centers, they provide much needed health centers for the homeless, and public year, and for other purposes. care to nearly 16 million people each housing health centers, address the health care access problem by providing primary AMENDMENT NO. 2208 year, including one in five children. 40 care services in thousands of rural and urban At the request of Mr. SPECTER, his percent of health center patients are medically-underserved communities name was added as a cosponsor of uninsured while Medicaid and CHIP throughout the United States. amendment No. 2208 intended to be pro- cover approximately 36 percent. More (3) Health centers provide basic health care posed to H.R. 1585, to authorize appro- than 70 percent of patients live in pov- services to 16,000,000 Americans each year, priations for fiscal year 2008 for mili- erty. The average annual cost per pa- including nearly 9,500,000 minorities, 850,000 tary activities of the Department of tient is small, roughly $1.25 per day. farmworkers, and 750,000 homeless individ- Defense, for military construction, and However, the benefits of community uals. One in five children from low-income families receives care through health cen- for defense activities of the Depart- health centers are great. People in ters. ment of Energy, to prescribe military areas served by these clinics are less (4) Studies show that health centers pro- personnel strengths for such fiscal likely to use emergency room services vide high-quality and cost-effective health year, and for other purposes. and have unmet health care needs. care. The average yearly cost for a health AMENDMENT NO. 2647 Without these centers, many people, center patient is approximately $1.25 per At the request of Mr. DODD, the particularly those in rural areas, would day. names of the Senator from Massachu- have nowhere to turn. (5) One of the most effective ways to ad- Clearly, our Nation’s health centers dress America’s health care access problem setts (Mr. KENNEDY), the Senator from is by dramatically expanding access to Maryland (Mr. CARDIN) and the Senator bring health care to those in need, but health centers, as both the Senate and the from Iowa (Mr. HARKIN) were added as these health centers are in need as President have proposed. cosponsors of amendment No. 2647 in- well. Renovation and modernization (6) Many existing health centers operate in tended to be proposed to H.R. 1585, to are important to keep these buildings facilities that desperately need renovation authorize appropriations for fiscal year intact and up-to-date. According to the or modernization. Thirty percent of health 2008 for military activities of the De- National Association of Community centers are located in buildings that are partment of Defense, for military con- Health Centers, 30 percent of the build- more than 30 years old, with 12 percent of ings are more than 30 years old and 12 such centers operating out of facilities that struction, and for defense activities of are more than 50 years old. In a survey of the Department of Energy, to prescribe percent are more than 50 years old. health centers in 11 States, 2/3 of those cen- military personnel strengths for such Narrow operating margins, however, ters identified a need to improve, expand, or fiscal year, and for other purposes. mean that most health centers do not replace their current facility. An extrapo- f have the resources necessary to pay for lation based on this survey indicates there the capital improvements or new facili- may be as much as $2,200,000,000 in unmet STATEMENTS ON INTRODUCED ties needed to continue providing effec- capital needs in our Nation’s health centers. BILLS AND JOINT RESOLUTIONS tive health care. (7) Dramatically increasing access to By Mr. ROCKEFELLER (for him- In recent years, the President and health centers requires building new facili- ties in communities that have access prob- self, Mr. INOUYE, and Mr. SAND- the Senate have supported dramatic in- lems and lack a health center. ERS): creases in funding to create a number (8) Health centers often do not have the S. 1990. A bill to amend part D of of new community health centers. means to pay for capital improvements or title III of the Public Health Service However, there has been no cor- new facilities. While most health centers Act to authorize grants and loan guar- responding commitment to address the raise some funds through private donations, antees for health centers to enable the desperate need for renovation and mod- it is difficult to raise sufficient amounts for centers to fund capital needs projects, ernization of the older centers. capital needs without a middle-upper-class and for other purposes; to the Com- Currently, the Federal Government donor base similar to other nonprofit organi- mittee on Health, Education, Labor, zations like universities and hospitals. has no authority to provide grants or (9) Health centers have a limited ability to and Pensions. loan guarantees to address the building support loan payments. Due to an increasing Mr. ROCKEFELLER. Mr. President, and capacity needs of existing commu- number of uninsured patients and the fact today I rise with Senators INOUYE and nity health centers. The BUILD Act that many health care reimbursements are SANDERS to introduce a very important provides such authority and, in doing less than the cost of care, health centers bill—the Build, Update, Improve, Lift, so, supports the ability of these clinics rarely have more than minimal positive op- and Design Health Centers Act of 2007. to continue offering high quality, cost- erating margins. Yet lenders are rarely will- Also known as the BUILD Act, this leg- effective care now and into the future. ing to take risks on nonprofit organizations without these positive margins. islation would provide building grants I urge my colleagues to join me in and loan guarantees to community (10) While the Federal Government cur- support of this critical legislation. I rently provides grants to health centers to health centers qualified under Section ask unanimous consent that the text of assist with operational expenses used to pro- 330 of the Public Health Service Act. the bill be printed in the RECORD. vide care to a medically underserved popu- This widely-needed source of funding There being no objection, the text of lation, there is no authority to provide would be used for clinic renovation, re- the bill was ordered to be printed in grants to assist health centers to meet cap- placement, modernization, and/or ex- the RECORD, as follows: ital needs, such as construction of new facili- ties or modernization, expansion, or replace- pansion in order to support community S. 1990 health centers in their on-going efforts ment of existing buildings. Be it enacted by the Senate and House of Rep- to deliver high-quality health care in (11) To assist health centers with their resentatives of the United States of America in mission of providing health care to the medi- medically underserved areas. Congress assembled, cally underserved, the Federal Government Research from the National Associa- SECTION 1. SHORT TITLE. should supplement local efforts to meet the tion of Community Health Centers and This Act may be cited as the ‘‘Build, Up- capital needs of health centers. the Robert Graham Center indicates date, Improve, Lift, and Design Health Cen- SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH that there are 56 million Americans ters Act of 2007’’ or the ‘‘BUILD Act’’. SERVICE ACT. that do not have access to a primary SEC. 2. FINDINGS. (a) HEALTH CARE FACILITY GRANTS AND care provider, regardless of insurance. Congress makes the following findings: LOAN GUARANTEES.—Subpart I of part D of Another 45 million Americans lack (1) Many health care experts believe that title III of the Public Health Service Act (42 health insurance or the funds to pay lack of access to basic health services is our U.S.C. 254b et seq.) is amended by adding at out-of-pocket for their basic health Nation’s single most pressing health care the end the following: care needs. This means that more than problem. There are 56,000,000 Americans that ‘‘SEC. 330R. HEALTH CARE FACILITY GRANTS AND do not have access to a primary care pro- LOAN GUARANTEES. 100 million Americans do not get the vider, whether they have health insurance or ‘‘(a) ELIGIBLE HEALTH CENTER DEFINED.—In medical treatment they need each not. In addition, more than 45,000,000 Ameri- this section, the term ‘eligible health center’ year. cans lack health insurance and have dif- means a health center that receives— Established over 40 years ago, com- ficulty accessing care due to the inability to ‘‘(1) a grant, on or after the date of enact- munity health centers are the back- pay for such care. ment of this section, under subsection

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10906 CONGRESSIONAL RECORD — SENATE August 3, 2007 (c)(1)(A), (e)(1)(A), (e)(1)(B), (f), (g), (h), or (i) health center, in whole or in part, to provide through the uncharted West and back of section 330; or services permitted under section 330 and for to Washington, DC, started more than ‘‘(2) a subgrant, on or after the date of en- such other purposes as are not specifically a year earlier in Virginia. actment of this section, from a grant award- prohibited under such section as long as such In 1803, Meriwether Lewis traveled ed under such provision of law. use furthers the objectives of the health cen- ‘‘(b) GRANT PROGRAM AUTHORIZED.— ter. through Maryland, Pennsylvania, Vir- ‘‘(1) IN GENERAL.—The Secretary may ‘‘(B) NON-FEDERAL LENDER.—The term ginia, and West Virginia purchasing award grants to eligible health centers to ‘non-Federal lender’ means any entity other supplies and learning everything he pay for the costs described in paragraph (2). than an agency or instrumentality of the could about botany, paleontology, ‘‘(2) USE OF FUNDS.—An eligible health cen- Federal Government authorized by law to navigation, and field medicine. The in- ter that receives a grant under paragraph (1) make loans, including a federally-insured trepid explorer and his growing crew may use the grant funds to— bank, a lending institution authorized or li- ‘‘(A) modernize, expand, and replace exist- then traveled down the Ohio River censed to make loans by the State in which through Ohio and Indiana, meeting up ing facilities at such center; and it is located, a community development fi- ‘‘(B) construct new facilities at such cen- nance institution or community develop- with William Clark in Louisville, KY. ter. ment entity (as designated by the Secretary Along this rich trail are many land- ‘‘(3) LIMITATION.— of the Treasury), any such lender as the Sec- marks and sites that serve to honor ‘‘(A) IN GENERAL.—Subject to subparagraph retary may designate, and a State or munic- and educate about this important (B), the Federal share of a grant awarded ipal bonding authority or such authority’s event in American history. under paragraph (1) to expand an existing, or designee. Whether it is commemorating the construct a new, facility shall not exceed 90 ‘‘(d) EVALUATION.—Not later than 3 years percent of the total cost of the project (in- American spirit or teaching about the after the date of enactment of this section, early Republic, the Lewis and Clark cluding interest payments) proposed by the the Secretary shall prepare a report con- eligible health center. taining an evaluation of the programs au- National Historic Trail is an enduring ‘‘(B) EXCEPTION.—The Federal share max- thorized under this section. Such report resource for education. A sea-to-sea imum under subparagraph (A) shall not shall include recommendations on how this trail would make it the largest and apply if— section can be improved to better help longest trail in the National Park Sys- ‘‘(i) the total cost of the project proposed health centers meet such centers’ capital tem, guiding visitors from across the by the eligible health center is less than needs in order to expand access to health $750,000; or Nation to all parks and interpretive care in the United States. centers. ‘‘(ii) the Secretary waives such maximum ‘‘(e) AUTHORIZATION.—For the purpose of upon a showing of good cause. carrying out this section, the Secretary shall This extension, a few years after the ‘‘(c) FACILITY LOAN GUARANTEES.— use not more than 5 percent of any funds ap- successful bicentennial celebration, ‘‘(1) IN GENERAL.— propriated pursuant to section 330(s) (relat- will continue to raise the profile of the ‘‘(A) IN GENERAL.—The Secretary shall es- ing to authorization of appropriations). In Lewis and Clark Trail and increase the tablish a program under which the Secretary addition, funds appropriated for fiscal years may guarantee not less than 90 percent of potential for tourism revenue in States 1997 and 1998 under the Departments of the principal and interest on the total across the country. Including the east- Labor, Health and Human Services, and Edu- amount of loans made to an eligible health ern portion of the trail will garner cation, and Related Agencies Appropriations center by non-Federal lenders in order to pay greater Lewis and Clark interest east Acts of 1997 and 1998, which were made avail- for the costs associated with a capital needs of the Mississippi and bring unity to project described in subparagraph (B). able for loan guarantees for loans made by non-Federal lenders for construction, ren- this American expedition of East meet- ‘‘(B) PROJECTS.—Capital needs projects ing West. under this subsection include— ovation, and modernization of medical facili- ties that are owned and operated by health ‘‘(i)(I) acquiring, leasing, modernizing, ex- By Mr. DURBIN (for himself, Mr. panding, or replacing existing facilities; centers and which have not been expended, ‘‘(II) constructing new facilities; or shall be made available for loan guarantees HAGEL, Mrs. FEINSTEIN, Mrs. ‘‘(III) purchasing or leasing equipment; or under this section.’’. CLINTON, Mr. DODD, Mrs. MUR- UTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) the costs of refinancing loans made (b) A RAY, and Mr. JOHNSON): Section 330(r)(1) of the Public Health Service for any of the projects described in clause (i). S. 1998. A bill to reduce child mar- Act (42 U.S.C. 254b(r)(1)) (relating to author- ‘‘(C) NOT A FEDERAL SUBSIDY.—Any loan ization of appropriations) is amended by riage, and for other purposes; to the guarantee issued pursuant to this subsection Committee on Foreign Relations. shall not be deemed a Federal subsidy for striking ‘‘this section’’ and inserting ‘‘this section and section 330R’’. Mr. DURBIN. Mr. President, I ask any other purpose. unanimous consent that the text of the ‘‘(2) AUTHORITY FOR LOAN GUARANTEE PRO- By Mr. BUNNING: ECORD GRAM.—With respect to the program estab- bill be printed in the R . lished under paragraph (1), the Secretary S. 1991. A bill to authorize the Sec- There being no objection, the text of shall assume such authority— retary of the Interior to conduct a the bill was ordered to be printed in ‘‘(A) as the Secretary has under paragraphs study to determine the suitability and the RECORD, as follows: (2) and (4) of section 330; and feasibility of extending the Lewis and S. 1998 ‘‘(B) under section 1620 as the Secretary de- Clark National Historic Trail to in- Be it enacted by the Senate and House of Rep- termines is necessary and appropriate. clude additional sites associated with resentatives of the United States of America in ‘‘(3) HEALTH CENTER PROJECT APPLICA- the preparation and return phases of Congress assembled, TIONS.—The Secretary shall require that all the expedition, and for other purposes; applicants for grants and loans under this SECTION 1. SHORT TITLE. section— to the Committee on Energy and Nat- This Act may be cited as the ‘‘Inter- ‘‘(A) comply with the conditions set forth ural Resources. national Child Marriage Prevention and Pro- in section 1621, as in effect on the date of en- Mr. BUNNING. Mr. President, I tection Act of 2007’’. actment of this section, with respect to ac- would like to introduce a bill to au- SEC. 2. FINDINGS. tivities authorized for assistance under sub- thorize the National Park Service to Congress makes the following findings: sections (b)(2) and (c)(1)(B) in the same man- conduct a comprehensive study to ex- (1) Research shows that child marriage in ner that applicants for loans, loan guaran- amine the extension of the Lewis and developing nations is often associated with tees, or grants for medical facilities projects Clark National Historic Trail to in- adverse economic and social consequences under such section are required to comply and is dangerous to the health, security, and with such conditions, unless such conditions clude additional sites associated with well-being of girls and detrimental to the are, by their terms, otherwise inapplicable; the preparation or return phase of the economic development of communities. and expedition, commonly known as the (2) The issue of child marriage is inter- ‘‘(B)(i) give priority to contractors that ‘‘Eastern Legacy.’’ woven with broader social and cultural employ substantial numbers of workers who On May 14, 1804, Lewis and Clark, issues and is most effectively addressed as a reside in the area to be served by the health along with the Corps of Discovery de- development challenge through integrated, center; and parted from Camp Dubois, IL, to set community-based approaches to promote and ‘‘(ii) include in the construction contract out on voyage that would shed light on support girls’ education and skill-building involved a requirement that the contractor a landscape that had only been consid- and healthcare, legal rights, and awareness will give priority in hiring new employees to for girls and women. residents of such area. ered legend at the time. But this Amer- (3) As Charlotte Ponticelli, Senior Coordi- ‘‘(4) DEFINITIONS.—In this subsection: ican tale of adventure, determination, nator for International Women’s Issues for ‘‘(A) FACILITIES.—The term ‘facilities’ and curiosity did not begin there. The the Department of State, stated on Sep- means a building or buildings used by a 8,000-mile, 32-month expedition tember 14, 2005: ‘‘It is unconscionable that in

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the 21st century girls as young as 7 or 8 can States, to promote economic and social de- (7) OBSTETRIC FISTULA.—The term ‘‘obstet- be sold as brides. There is no denying that velopment. ric fistula’’ means a rupture or hole in tis- extreme poverty is the driving factor that (19) The causes of child marriage include sues surrounding the vagina, bladder, or rec- has enabled the practice to continue, even in poverty, custom, and the desire to protect tum that occurs during prolonged, ob- countries where it has been outlawed . . . We girls from violence or premarital sexual rela- structed childbirth. need to be shining the spotlight on early tions. (8) RELEVANT EXECUTIVE BRANCH AGEN- marriage and its underlying causes . . . We (20) Child marriage may also be a product CIES.—The term ‘‘relevant executive branch must continue to do everything we can to of gender violence in which a man abducts agencies’’ means the Department of State, ensure that girls have every opportunity to and rapes a girl and then, sometimes the Agency, the Department of Health and become agents of change and to expand the through negotiations with traditional lead- Human Services, and any other department ‘realm of what is possible’ for their societies ers, negotiates a settlement with the girl’s or agency of the United States, including the and the world at large.’’ parents, including marriage to the victim. Millennium Challenge Corporation, that is (4) The severity of the adverse impact of (21) The practice of child marriage is con- involved in implementing international child marriage increases as the age at mar- sidered a ‘‘harmful traditional practice’’ by health or development policies and programs riage and first childbirth decreases. the United Nations Children’s Fund. of the United States. (5) A Department of State survey in 2005 (22) The Convention on Consent to Mar- (9) SECRETARY.—Except as otherwise pro- found that child marriage was a concern in riage, Minimum Age for Marriage, and Reg- vided in this Act, the term ‘‘Secretary’’ 64 out of 182 countries surveyed and that the istration of Marriages, adopted at the United means the Secretary of State. practice is especially acute in sub-Saharan Nations, December 10, 1962, requires the par- SEC. 4. SENSE OF CONGRESS. Africa and South Asia. ties to the Convention to overcome all ‘‘cus- It is the sense of Congress that— (6) According to the United Nations Chil- toms, ancient laws, and practices by ensur- (1) the untapped economic and educational dren’s Fund, in Ethiopia and in parts of West ing complete freedom in the choice of a potential of girls and women in many devel- Africa marriage at the age of 7 or 8 is not un- spouse, eliminating completely child mar- oping nations represent an enormous loss to common. riages and the betrothal of young girls before those societies; (7) In developing countries, girls aged 10 to the age of puberty’’. (2) expanding educational opportunities for 14 who become pregnant are 5 times more (23) The African Charter on the Rights and girls and economic opportunities for women likely to die in pregnancy or childbirth than Welfare of the Child, which entered into and reducing maternal and child mortality women aged 20 to 24. force in 1990, provides that ‘‘child marriage are critical to the achievement of inter- (8) Girls in sub-Saharan Africa are at much and the betrothal of girls and boys shall be nationally recognized health and develop- higher risk of suffering obstetric fistula. prohibited and effective action, including ment goals and of many global health and (9) According to the Department of State: legislation, shall be taken to specify the development objectives of the United States, ‘‘Pregnancy at an early age often leads to minimum age of marriage to be eighteen including efforts to prevent HIV/AIDS; obstetric fistulae and permanent inconti- years’’. (3) since child marriage is a leading barrier nence. In Ethiopia, treatment is available at (24) In Ethiopia, Girls’ Activity Commit- to the continuation of girl’s education in only 1 hospital in Addis Ababa that performs tees, community-based groups formed to sup- many developing countries, it is important over 1,000 fistula operations a year. It esti- port girls in school and advocate for girls’ to integrate this issue into new and existing mates that for every successful operation education, have conducted community United States-funded efforts to promote edu- performed, 10 other young women need the awareness and informational campaigns, en- cation, strengthen legal rights and legal treatment. The maternal mortality rate is listed the assistance of traditional clan and awareness, reduce gender-based violence, and extremely high due, in part, to food taboos religious leaders, discouraged families from promote skill-building and economic oppor- for pregnant women, poverty, early mar- practicing child marriage, encouraged girls’ tunities for girls and young women in re- riage, and birth complications related to school attendance, and taken steps to reduce gions with a high incidence of child mar- FGM [Female Genital Mutilation], especially gender-based violence and create safer envi- riage; and infibulation.’’. ronments for girls en route to or from school (4) effective community-based efforts to re- (10) Adolescents are at greater risk of com- duce and move toward the elimination of plications during childbirth that can lead to and in the classroom. (25) Recognizing the importance of the child marriage as part of an integrated strat- fistula because they have less access to egy to promote girls’ education and em- health care and are subject to other signifi- issue and the effects of child marriage, the Senior Coordinator for International Wom- powerment will yield long-term dividends in cant risk factors related to the mother’s the health and economic sectors in devel- physical immaturity. en’s Issues of the Department of State initi- ated an effort in 2005 to collect and assess in- oping countries. (11) In nearly every case of obstetric fis- SEC. 5. DEVELOPMENT OF CHILD MARRIAGE tula, the baby will be stillborn. formation on the incidence of child marriage and on the existence and effectiveness of ini- PREVENTION STRATEGY. (12) The physical symptoms of obstetric (a) REQUIREMENTS FOR STRATEGY.—The tiatives funded by the United States to re- fistula include incontinence or constant un- Secretary shall develop a comprehensive duce the incidence of child marriage or the controllable leaking of urine or feces, fre- strategy, taking into account the work of negative effects of child marriage and to quent bladder infections, infertility, and foul the relevant executive branch agencies, to odor. The condition often leads to the deser- measure the need for additional programs. reduce the incidences of child marriage tion of fistula sufferers by husbands and fam- SEC. 3. DEFINITIONS. around the world by further integrating this ily members and extreme social stigma. In this Act: issue into existing and planned relevant (13) Although data on obstetric fistula are (1) ADMINISTRATOR.—The term ‘‘Adminis- United States development efforts. scarce, the World Health Organization (WHO) trator’’ means the Administrator of the (b) REPORT ON STRATEGY.— estimates that there are more than 2,000,000 Agency. (1) REQUIREMENT FOR REPORT.—Not later women living with fistula and 50,000 to (2) AGENCY.—Except as otherwise provided than 180 days after the date of enactment of 100,000 new cases each year. These figures are in this Act, the term ‘‘Agency’’ means the this Act, the Secretary shall submit to Con- based on the number of women who seek United States Agency for International De- gress a report on the strategy described in medical care. Many more suffer from the dis- velopment. subsection (a), including a discussion of the abling condition. (3) CHILD MARRIAGE.—The term ‘‘child mar- elements described in paragraph (2). (14) Adolescent girls are more susceptible riage’’ means the legal or traditional mar- (2) REPORT ELEMENTS.—The elements re- than mature women to sexually transmitted riage of a girl or boy who has not yet reached ferred to in paragraph (1) are the following: infections, including HIV, due to both bio- the minimum age for marriage stipulated in (A) A description of existing or potential logical and social factors. law in the country of which they are a cit- approaches to prevent child marriage and ad- (15) Research in several countries with izen. dress the vulnerabilities of populations who high rates of HIV infection indicates that (4) DEVELOPING NATION.—The term ‘‘devel- may be at risk of child marriage. married girls are at greater risk for HIV oping nation’’ means any nation eligible to (B) A description of programs funded by than their unmarried peers. receive assistance from the International the United States that address child mar- (16) Child marriage can have additional Development Association or the Inter- riage, and an assessment of the impact of long-term consequences when combined with national Bank for Reconstruction and Devel- such programs in the areas of health, edu- female genital cutting because the girls who opment. cation, and access to economic opportuni- have undergone that procedure can experi- (5) HIV.—The term ‘‘HIV’’ has the meaning ties, including microfinance programs. ence greater complications during preg- given that term in section 3 of the United (C) A description of programs funded by nancy, leading to lasting health problems for States Leadership Against HIV/AIDS, Tuber- the United States that are intended to pre- themselves and their children. culosis, and Malaria Act of 2003 (22 U.S.C. vent obstetric fistula. (17) Child marriage is a leading barrier to 7602). (D) A description of programs funded by girls’ education in certain developing coun- (6) HIV/AIDS.—The term ‘‘HIV/AIDS’’ has the United States that support the surgical tries. the meaning given that term in section 3 of treatment of obstetric fistula. (18) A high incidence of child marriage un- the United States Leadership Against HIV/ (E) A description of the impact of child dermines the efforts of developing countries AIDS, Tuberculosis, and Malaria Act of 2003 marriage on the United States efforts to as- and donor countries, including the United (22 U.S.C. 7602). sist in achieving the goals set out in the

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10908 CONGRESSIONAL RECORD — SENATE August 3, 2007 United Nations Millennium Declaration cess to health care for adolescents who are rights movement of our time. In No adopted by the United Nations General As- already married; Child Left Behind we made a national sembly on September 8, 2000 (resolution 55/2), (8) supporting the surgical repair of fistula, commitment to reject as unacceptable including specifically the impact on efforts including the creation or expansion of cen- a system in which low-income minority to— ters for the treatment of fistula in countries students were reading at a grade level (i) eliminate gender disparity in primary with high rates of fistula, and the care, sup- and secondary education; port, and transportation of persons in need 4 years below that of their higher-in- (ii) reduce child mortality; of such surgery; and come peers. We made a national com- (iii) improve maternal health; and (9) supporting efforts to reduce incidences mitment to bring an end to that intol- (iv) combat HIV/AIDS, tuberculosis, ma- of fistula, including programs to increase ac- erable gap and to ensure that each and laria, and other disease. cess to skilled birth attendants, and to pro- every child, regardless of race, nation- (F) A description of the impact of child mote access to family planning where de- ality or family income, could develop marriage on achieving the purposes set out sired by local communities. his or her talents to the fullest. in section 602 of the Millennium Challenge SEC. 7. RESEARCH AND DATA COLLECTION. No Child Left Behind had the goal of Act of 2003 (22 U.S.C. 7701). The Secretary shall work through the bringing all minority and disadvan- (G) A description of how the issue of child Agency and any other relevant agencies of taged children, including children with marriage can best be integrated into existing the Department of State, and in conjunction disabilities, the attention and support or planned United States programs to pro- with relevant executive branch agencies as mote girls’ education and skill-building, part of their ongoing research and data col- they need to succeed, by holding healthcare, legal rights and awareness, and lection activities, to— schools and States accountable for de- other relevant programs in developing na- (1) collect and make available data on the livering results to all of their students. tions. incidence of child marriage in countries that With passage of NCLB, we made a good (c) REPORT ON CHILD MARRIAGE.—Not later receive foreign or development assistance start. Progress has occurred but there than 2 years after the date of the enactment from the United States where the practice of is much more to be done to close the of this Act, the Secretary, in consultation child marriage is prevalent; and persistent gaps in student achieve- with other appropriate officials, shall submit (2) collect and make available data on the ment. to the Committees on Foreign Relations and impact of the incidence of child marriage Appropriations of the Senate and the Com- No Child Left Behind, which Congress and the age at marriage on progress in meet- must now reauthorize, provides a foun- mittees on Foreign Affairs and Appropria- ing key development goals. tions of the House of Representatives a re- dation, but we now must take new, SEC. 8. HUMAN RIGHTS REPORT. port that describes— The Secretary shall include in the Depart- bold steps to fulfill the national com- (1) United States assistance programs that ment of State’s Annual Country Reports on mitments we first made 5 years ago. So address child marriage; Human Rights Practices a section for each that is why today we are presenting a (2) the impact of child marriage on mater- country where child marriage is prevalent, significant reform proposal, which we nal mortality and morbidity and on infant outlining the status of the practice of child are calling the All Students Can mortality in countries in which child mar- marriage in that country. riage is prevalent; Achieve Act, and which we ask our col- (3) the projected effect of such programs on SEC. 9. AUTHORIZATION OF APPROPRIATIONS leagues and the President to give seri- AND OTHER FUNDING. increasing the age of marriage, reducing ma- ous consideration as we work to reau- There are authorized to be appropriated to ternal mortality and morbidity, reducing the thorize No Child Left Behind. carry out the provisions of this Act, and the incidence of obstetric fistula, reducing the I want to touch briefly on some of amendments made by this Act, in addition to incidence of domestic violence, increasing funds otherwise available for such purposes, the key features in this bill that build girls’ access to and completion of primary amounts as follows: upon the reforms of the No Child Left and secondary education, reducing the inci- (1) $15,000,000 for fiscal year 2008. Behind Act, and will attach a more de- dence of early childbearing, and reducing (2) $20,000,000 for fiscal year 2009. tailed summary at the conclusion of HIV infection rates among married and un- (3) $25,000,000 for fiscal year 2010. married adolescents; my remarks. Central to our strategy for closing (4) the scale and scope of the practice of By Mr. LIEBERMAN (for himself, child marriage in developing nations; and the achievement gap is the pathway (5) the status of efforts by the government Ms. LANDRIEU, and Mr. COLE- our bill creates for getting the very of each developing nation with a high inci- MAN): best teachers, teachers who are the dence of child marriage to eliminate such S. 2001. A bill to amend the Elemen- best at bringing real learning and real practices. tary and Secondary Education Act of growth in achievement to their stu- SEC. 6. AUTHORIZATION OF ASSISTANCE TO RE- 1965, and for other purposes; to the dents, into the schools and classrooms DUCE INCIDENCES OF CHILDHOOD Committee on Health, Education, where they are most needed. No one MARRIAGE AND OBSTETRIC FIS- Labor, and Pensions. TULA. does more important work in our soci- The President is authorized to provide as- Mr. LIEBERMAN. Mr. President, I ety today than good teachers. We must sistance, including through international, rise today to introduce, together with attract, train and pay them as the crit- nongovernmental, or faith-based organiza- my colleagues Senator MARY LANDRIEU ical professionals that they are. In our tions or through direct assistance to a re- and Senator NORM COLEMAN, the All proposal, we ask States to move to a cipient country, for programs to reduce the Students Can Achieve Act. This bill ‘‘teacher effectiveness’’ evaluation sys- incidences of child marriage and promote the represents a comprehensive bipartisan tem. This system would evaluate empowerment of girls and young woman. proposal to strengthen and improve No Such assistance may include— teacher performance based on results (1) improving the access of girls and young Child Left Behind, NCLB. We hope that in the classroom. To get to this point, women in developing nations to primary and many of the ideas contained in our pro- States must develop comprehensive secondary education and vocational training; posal will be considered by the HELP data systems that can track individual (2) supporting community education ac- Committee as it tackles NCLB reau- student growth and performance, and tivities to educate parents, community lead- thorization, and we look forward to link student performance to individual ers, and adolescents of the health risks asso- working with the committee to that teachers. We require and fund the data ciated with child marriage and the benefits end. systems, and permit development of so- for adolescents, especially girls, of access to Over 5 years ago, the President and education, health care, employment, micro- called growth models for compliance finance, and savings programs; Congress created a watershed moment with Adequate Yearly Progress, AYP. (3) supporting community-based organiza- in American education when we en- Growth models give schools credit for tions in encouraging the prevention or delay acted the No Child Left Behind Act. We boosting student performance over of child marriage and its replacement with worked together across party lines and time, even where absolute test results other non-harmful rites of passage; from both ends of Pennsylvania Avenue are not at required levels. By linking (4) increasing access of women to economic to address an ongoing crisis in our pub- student growth to individual teachers, opportunities, including microfinance and lic schools, especially schools in minor- States can measure teacher effective- small enterprise development; ity and low-income communities, ness by determining which teachers (5) supporting efforts to prevent gender- based violence; where students’ reading and math demonstrate learning gains in the (6) improving access of adolescents to ade- achievement was far below that of classroom. quate health care; peers in better off white communities. Our proposal allows those States that (7) supporting programs to promote edu- Closing these student achievement have developed meritorious teacher ef- cational and economic opportunities and ac- gaps may be the most important civil fectiveness systems to opt out of the

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10909 Federal Highly Qualified Teacher re- cases where the voluntary standards Sec. 405. Counting all children. quirements, and to benefit from addi- are not used. It should be apparent that Sec. 406. Including science in the academic tional flexibilities in the use of Federal nothing in our bill would interfere with assessments. funds. Further, since we want to make Sec. 407. Mathematics and science partner- State flexibility to determine teaching ships. sure that we can get the best teachers format and substance. Sec. 408. Children with disabilities and chil- to the students most in need, our bill In sum, No Child Left Behind is not dren who are limited English requires an equitable distribution of ef- just the name of an education law. It proficient. fective teachers across all schools and remains a solemn and urgent commit- Sec. 409. Early childhood development. ultimately, after teacher professional ment that we made to America’s chil- Sec. 410. Adjunct teacher corps. development, if teachers are still not dren and parents. Because far too many TITLE V—ENHANCEMENTS effective, we assign them away from children are still left behind and denied Sec. 501. Purposes. our most needy schools. Our bill in- the opportunity to succeed in our soci- Sec. 502. Authorizations. cludes a provision to ensure that future ety, we have renewed that commitment Sec. 503. Public school choice. collective bargaining agreements allow by offering this bill. Sec. 504. Public charter schools. this to happen. In fact, because we rec- I want to thank my colleagues and Sec. 505. Parental involvement. ognize that there is nobody more im- Sec. 506. Response to intervention. cosponsors, Senators Mary Landrieu Sec. 507. Universal design for learning. portant than a teacher, especially the and Norm Coleman, and their staffs for Sec. 508. Doubling scientific-based education most effective teachers, our bill puts their help in shaping this bill. research at Department of Edu- the option of merit pay on the radar I ask unanimous consent that the cation. screen through a discretionary grant text of the bill and a detailed summary Sec. 509. Supplemental educational services. program to support new ideas for be printed in the RECORD Sec. 510. Increasing support for foster chil- teacher professional development, ten- There being no objection the mate- dren and youth. ure, assignment and compensation rial was ordered to be printed in the Sec. 511. Graduation rates. Sec. 512. District wide high schools reform. policies. We also seek to enrich the RECORD, as follows: quality of education by, among other TITLE I—GROWTH MODELS, DATA S. 2001 SYSTEMS, AND EFFECTIVE TEACHERS things, giving schools the option to Be it enacted by the Senate and House of Rep- SEC. 101. PURPOSE. bring in experienced professionals in resentatives of the United States of America in The purposes of this title are to— math, science and critical foreign lan- Congress assembled, guages, as members of an Adjunct (1) require States to measure teacher and SECTION 1. SHORT TITLE. principal effectiveness; Teacher Corps. This Act may be cited as the ‘‘All Students (2) develop data systems to measure effec- We strengthen accountability by Can Achieve Act’’. tiveness and to permit growth models; closing the existing loopholes that SEC. 2. TABLE OF CONTENTS. (3) provide States with the opportunity to often prevent States and schools from The table of contents for this Act is as fol- opt out of the highly qualified teacher re- truly measuring the actual achieve- lows: quirements of section 1119 of the Elementary ment of minority students. Instead of Sec. 1. Short title. and Secondary Education Act of 1965 (20 allowing minority students to fall Sec. 2. Table of contents. U.S.C. 6319) once a State implements a high- through the cracks of underachieve- TITLE I—GROWTH MODELS, DATA ly effective teacher system; and (4) provide enhanced funding flexibility for ment, this will force schools to take SYSTEMS, AND EFFECTIVE TEACHERS Sec. 101. Purpose. States and local educational agencies with the steps needed to close the achieve- highly effective teacher and principal sys- ment gap for those students. Our bill Sec. 102. Authorization of appropriations. Sec. 103. Requiring States to measure teach- tems described in section 1119A of such Act gives parents the option of transferring er effectiveness and permitting (as amended by this Act). their children in failing schools to growth models. SEC. 102. AUTHORIZATION OF APPROPRIATIONS. other public schools, including schools Sec. 104. Data systems. For the purpose of carrying out sections across district lines if there is not an Sec. 105. Highly effective teachers and prin- 104, 105, and 106, and the amendments made acceptable option within the original cipals. by these sections, there are authorized to be school district. In addition, our bill Sec. 106. Permitting growth model systems. appropriated $400,000,000 for fiscal year 2008, provides a two-track system for Sec. 107. Innovative teacher and school in- $400,000,000 for fiscal year 2009, $500,000,000 for centive programs. fiscal year 2010, $500,000,000 for fiscal year schools missing AYP. Schools missing 2011, and $600,000,000 for fiscal year 2012. The AYP due to one or more subgroups, but TITLE II—CLOSING THE ACHIEVEMENT GAP Secretary shall allot to each State— less than 50 percent of the student pop- (a) an amount that bears the same relation Sec. 201. Purpose. ulation, would go through a more tar- to 50 percent of such funds as the number of Sec. 202. Equitable distribution of highly ef- students in kindergarten through grade 12 in geted attention program to address the fective teachers and non-Fed- the State bears to the number of all such problem areas. eral funding. students in all States; and Finally, we call for the development Sec. 203. Strengthen and focus State capac- (b) an equal share of the remaining 50 per- of voluntary American standards and ity for school improvement ef- cent of such funds. assessments. Here we seek to address forts. SEC. 103. REQUIRING STATES TO MEASURE the need to promote rigorous standards TITLE III—ACHIEVING HIGH STANDARDS TEACHER EFFECTIVENESS AND PER- and assessment of student learning to Sec. 301. Purposes. MITTING GROWTH MODELS. ensure that all students, no matter Sec. 302. Authorization of appropriations. Section 2112(b) of the Elementary and Sec- where they are schooled, are taught PART A—American Standards and ondary Education Act of 1965 (20 U.S.C. the skills they need to succeed in life. Assessments 6612(b)) is amended by adding at the end the We call on the National Assessment Sec. 311. American standards and assess- following: ‘‘(13) Not later than 4 years after the date Governing Board, with an expanded ments. of enactment of the All Students Can membership to include more teachers PART B—P–16 Education Stewardship Achieve Act, a plan to implement a system and business leaders, to develop these Systems of identifying highly effective teachers and world class standards. States may Sec. 321. P–16 education stewardship com- principals as required under section 1119A.’’. choose to adopt these standards, there- mission. SEC. 104. DATA SYSTEMS. by freeing up State resources. Alter- Sec. 322. P–16 education State plans. Subpart 1 of part A of title I of the Ele- natively, states could build their own Sec. 323. P–16 education stewardship system mentary and Secondary Education Act of assessments and standards based on grants. 1965 (20 U.S.C. 6311 et seq.) is amended by in- Sec. 324. Reports. the American standards, keep their serting after section 1120B the following: own standards and tests, or team to- TITLE IV—STRENGTHENING ‘‘SEC. 1120C. DATA SYSTEMS AND REQUIRE- ACCOUNTABILITY gether in regional censorial to develop MENTS. standards and assessments. The De- Sec. 401. Purposes. ‘‘(a) IN GENERAL.—A State receiving assist- Sec. 402. Authorizations. ance under this part shall, not later than 4 partment of Education would report to Sec. 403. School intervention plan develop- years after the date of enactment of the All Congress on the variance between the ment. Students Can Achieve Act— rigor of state assessments and the Sec. 404. Comprehensive and focused inter- ‘‘(1) develop a longitudinal data system for American standards and assessments in vention. the State or as part of a State consortium

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10910 CONGRESSIONAL RECORD — SENATE August 3, 2007 that meets the requirements of this section; ‘‘(D) the interoperability with the system ‘‘(2) determining the requirements nec- and linking migrant student records required essary to become a highly effective principal ‘‘(2) implement the data system after sub- under part C; in the State, which shall be based primarily mitting to the Secretary an independently ‘‘(E) the electronic portability of data and on increased student academic achievement conducted audit certifying that the data sys- records in the system; and of each group described in section tem meets the requirements of this section. ‘‘(2) provide training for the individuals 1111(b)(2)(C)(v) in the principal’s school, as ‘‘(b) DATA SYSTEM ELEMENTS.—The data using and operating such system. compared to the achievement growth of system required by subsection (a) shall in- ‘‘(d) PREEXISTING DATA SYSTEMS.—A State other schools with similar student popu- clude the following: that has developed and implemented a longi- lations to the principal’s school, as deter- ‘‘(1) The use of a unique statewide student tudinal data system before the date of enact- mined by the State; and identifier for each student enrolled in a ment of the All Students Can Achieve Act ‘‘(3) implementing a system of identifying school in the State that remains stable over may utilize such system for purposes of this teachers and principals determined to be time. section, if the State submits to the Sec- highly effective based on the requirements ‘‘(2) The ability to match the assessment retary an independently conducted audit de- established by the State under paragraphs (1) records to each individual student, for each scribed in subsection (a)(2). and (2). ‘‘(b) PEER REVIEW PROCESS.—The Secretary year the student is enrolled in a school in ‘‘(e) COMPLIANCE.—Beginning on the date shall establish a peer review process to annu- the State. that is 4 years after the date of enactment of ‘‘(3) The collection and processing of data ally evaluate and rate each State’s highly ef- the All Students Can Achieve Act, if the Sec- fective teacher and principal requirements, at the student level, including— retary finds, after notice and an opportunity identification system, and resulting data. ‘‘(A) information on students who have not for a hearing, that a State has failed to meet ‘‘(c) RESERVATION OF FUNDS.—The Sec- participated in the State academic assess- the requirements of this section, the Sec- retary shall reserve not more than 10 percent ments described in section 1111(b)(3) and the retary may, at the discretion of the Sec- of the funds appropriated for this section or reasons those students did not participate; retary, suspend or limit the State’s eligi- $60,000,000, whichever is less— ‘‘(B) student enrollment, demographic, in- bility for assistance under title I of the Ele- ‘‘(1) to conduct, commission, and dissemi- cluding English language proficiency and na- mentary and Secondary Education Act of nate research to determine the most effec- tive language, and academic and interven- 1965 (20 U.S.C. 6311 et seq.). tive methods of determining teacher effec- tion program participation information; ‘‘(f) REGIONAL CONSORTIA DATA SYSTEM tiveness based on objective measures of ‘‘(C) information regarding student partici- GRANT PROGRAM.— growth in student achievement; and pation in supplemental educational services ‘‘(1) IN GENERAL.—From amounts author- ‘‘(2) to study the most effective uses of under section 1116(e), including— ized under paragraph (5), the Secretary shall such data in improving student achievement. ‘‘(i) the type of supplemental educational award grants, in accordance with paragraph ‘‘(d) WAIVER OF HIGHLY QUALIFIED TEACHER services provided; (3), to regional consortia of States for the ac- REQUIREMENTS.— ‘‘(ii) the dates of such services; and tivities described in paragraph (4). ‘‘(1) WAIVER APPLICATION.—A State estab- ‘‘(iii) the identification of the providers of ‘‘(2) APPLICATION.—A regional consortium lishing a highly effective teacher and prin- such services; desiring to receive a grant under this sub- cipal system under this section may request ‘‘(D) student transcript data; and section shall submit an application to the a waiver of the highly qualified teacher re- ‘‘(E) the existence of an individualized edu- Secretary at such time, in such manner, and quirements under subparagraphs (C) and (E) cational plan and other evaluations. containing such information as the Sec- of section 1114(b)(1) and sections 1115(c)(1)(E) ‘‘(4) Data for each group described in sec- retary may require. and 1119(a) for the State and the local edu- tion 1111(b)(2)(C)(v)), regarding— cational agencies within the State, by sub- ‘‘(3) AWARD BASIS AND ALLOTMENTS.—The mitting an application for a waiver to the ‘‘(A) the graduation rate, as defined in sec- Secretary shall reserve up to $50,000,000 of Secretary at such time, in such manner, and tion 1111(b)(2)(C)(vi), and an on-time cohort the funds authorized under section 102 to containing such information as the Sec- graduation rate; and award grants, on a competitive basis, to re- retary may reasonably require. ‘‘(B) each other academic indicator used by gional consortia of States. the State under section 1111(b)(2)(C)(vii) for ‘‘(2) GRANTING OF WAIVER.—Notwith- ‘‘(4) USE OF FUNDS.—A regional consortium standing subparagraphs (C) and (E) of section public elementary school students. receiving a grant under this subsection shall ‘‘(5) A statewide audit system to ensure 1114(b)(1) and sections 1115(c)(1)(E) and use grant funds to develop data systems for the validity and reliability of data in such 1119(a), the Secretary shall waive the highly multi-State use that meet the requirements system. qualified teacher requirements under such of this section.’’. ‘‘(6) A unique statewide teacher identifier sections for a State and the local edu- for each teacher employed in the State SEC. 105. HIGHLY EFFECTIVE TEACHERS AND cational agencies within the State— PRINCIPALS. that— ‘‘(A) if the State demonstrates, in the ap- ‘‘(A) remains stable over time and matches Subpart 1 of part A of title I of the Ele- plication described in paragraph (1), that the student records, including assessments, to mentary and Secondary Education Act of State— the appropriate teacher; and 1965 (20 U.S.C. 6311 et seq.) is amended by in- ‘‘(i) has implemented a highly effective ‘‘(B) provides access to teacher data ele- serting after section 1119 the following: teacher and principal system that meets the ments, including— ‘‘SEC. 1119A. HIGHLY EFFECTIVE TEACHERS AND requirements of subsection (a) for not less ‘‘(i) grade levels and subjects of teaching PRINCIPALS. than 1 year; and ‘‘(ii) has baseline data regarding student assignment; ‘‘(a) IN GENERAL.—Not later than 2 years achievement linked to teacher data for the ‘‘(ii) preparation program participation; after completing the data system require- schools in the State for not less than the 2 and ments in section 1120C and not later than 6 years preceding the year that the system is ‘‘(iii) professional development program years after the date of enactment of the All Students Can Achieve Act, a State receiving implemented; and participation. ‘‘(B) the peer review panel described in sub- ‘‘(7) Ability to link information from the assistance under this title shall implement a highly effective teacher and principal system section (b) has determined the State’s sys- data system to public higher education data tem to be meritorious for the preceding year. by— systems in the State, in order to gather in- ‘‘(e) FUNDING FLEXIBILITY.—The Secretary formation on postsecondary education en- ‘‘(1) determining the requirements nec- shall waive, upon the request of a State that rollment, placement, persistence, and attain- essary to become a highly effective teacher has a highly effective teacher and principal ment. in the State, which shall— system that has been determined to be meri- ‘‘(c) DATA SYSTEM REQUIREMENTS.—A State ‘‘(A) be based primarily on objective meas- torious by the peer review panel described in implementing a data system required under ures of student achievement; and subsection (b), the limitations on transfers this section shall— ‘‘(B) at a minimum, include that the teach- under section 6123(a) and 6123(b). ‘‘(1) develop and implement such system in er has demonstrated success in— ‘‘(f) CONSEQUENCES FOR TEACHERS WHO ARE a manner to ensure— ‘‘(i) effectively conveying and explaining NOT HIGHLY EFFECTIVE.— ‘‘(A) the privacy of student records in the academic subject matter, as evidenced by ‘‘(1) PROFESSIONAL DEVELOPMENT.—If a data system, in accordance with the ‘Family the increased student academic achievement local educational agency receiving assist- Educational Rights and Privacy Act of 1974’ of the teacher’s students; and ance under this part evaluates a teacher and commonly known as Section 444 of the Gen- ‘‘(ii) employing strategies that— finds that the teacher is not highly effective, eral Education Provisions Act; ‘‘(I) are based on scientifically based re- the local educational agency shall provide ‘‘(B) the use of effective data architecture search; the teacher with professional development (including standard definitions and for- ‘‘(II) are specific to the academic subject and other support specifically designed to matting) and warehousing, including the matter being taught; and enable such teacher to produce student ability to link student records over time and ‘‘(III) focus on the identification of, and learning gains sufficient to become highly across databases and to produce standardized tailoring of academic instruction to, stu- effective. Such professional development and or customized reports; dents’ specific learning needs, particularly support shall be provided during not less ‘‘(C) the interoperability among software children with disabilities, students with lim- than the 4 years following the teacher’s iden- interfaces used to input, access, and analyze ited English proficient, and students who are tification as not highly effective or until the the data of such system; gifted and talented; teacher is evaluated as effective.

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‘‘(2) PLACEMENT OF TEACHERS WHO DO NOT dents who meet or exceed the proficient level ‘‘(4) USE OF PEER REVIEW PANEL.—In award- BECOME HIGHLY EFFECTIVE.—A local edu- of academic achievement on a State assess- ing a grant under this subsection, the Sec- cational agency receiving assistance under ment under paragraph (3), a State authorized retary shall— this part shall not employ in a school receiv- by the Secretary to use a growth model sys- ‘‘(A) establish a peer review process to pro- ing assistance under this part a teacher who tem under subparagraph (D) shall calculate vide recommendations to the Secretary re- has been evaluated as not highly effective such number or percentage by counting— garding awarding grants under this section; and, 4 years after such evaluation, is still ‘‘(i) the students who meet or exceed the and evaluated as not highly effective, until such proficient level of academic achievement on ‘‘(B) ensure that the participants in the time as the teacher is evaluated as highly ef- the State assessment; and peer review process include experts or re- fective. ‘‘(ii) the students who are on a 3-year searchers with knowledge regarding appro- ‘‘(g) CONSEQUENCES FOR PRINCIPALS WHO growth trajectory toward meeting or exceed- priate statistical methodology for assessing ARE NOT HIGHLY EFFECTIVE.— ing the proficient level. teacher effectiveness. ‘‘(1) PROFESSIONAL DEVELOPMENT.—If a ‘‘(C) APPLICATION.—A State desiring to de- ‘‘(b) GRANTS FOR INNOVATIVE SCHOOL INCEN- local educational agency receiving assist- velop, enhance, or implement a growth TIVE PROGRAMS.— ance under this part evaluates a principal model system shall submit an application to ‘‘(1) GRANTS AUTHORIZED.—From amounts and finds that the principal is not highly ef- the Secretary, at such time, in such manner, appropriated for this subsection, the Sec- fective, the local educational agency shall and containing such information as the Sec- retary shall award grants, on a competitive provide the principal with professional devel- retary may require. This application shall basis, to States to enable the States to im- opment and other support specifically de- include a description of how students with plement school-based reward systems that signed to enable such principal to produce disabilities and English language learners recognize the teamwork (for example, among student learning gains sufficient to become will be included in growth models. teachers, administrators, counselors, re- highly effective. Such professional develop- ‘‘(D) AUTHORIZATION FOR A GROWTH MODEL source staff, media specialists, and other ment and support shall be provided during SYSTEM.—The Secretary shall authorize a staff) necessary to improve eligible schools not less than 2 years following the identifica- State that has submitted an application to in low-income areas receiving assistance tion as not highly effective or until the prin- use a growth model system for the purposes under title I. cipal is evaluated as effective. of calculating adequate yearly progress if ‘‘(2) APPLICATION.—A State desiring a ‘‘(2) PLACEMENT OF PRINCIPALS WHO DO NOT the Secretary determines that— grant under this subsection shall submit an BECOME HIGHLY EFFECTIVE.—A State or local ‘‘(i) the State has the capacity to track in- application at such time, in such manner, educational agency receiving assistance dividual academic growth for not less than and containing such information as the Sec- under this part shall not employ in a school the 2 school years preceding the year of ap- retary may reasonably require. receiving assistance under this part a prin- plication; and ‘‘(3) USE OF FUNDS.—A State receiving a cipal who has been evaluated as not highly ‘‘(ii) the State has developed a plan for im- grant under this subsection shall use the effective and, 3 years after such evaluation, plementing a highly effective teacher and grant to implement a school-based reward is still evaluated as not highly effective, principal evaluation system. system described in paragraph (4) for eligible until such time as the principal is evaluated ‘‘(E) RULE FOR EXISTING GROWTH MODEL schools. as highly effective. PILOT PROGRAMS.—Notwithstanding this sec- ‘‘(4) SCHOOL-BASED REWARD SYSTEM.—A ‘‘(h) BARGAINING AGREEMENT EXCEPTION tion, a State that, as of the day before the school-based reward system funded under AND RESTRICTIONS ON NEW AGREEMENTS.— date of enactment of the All Students Can this subsection shall— ‘‘(1) IN GENERAL.—The Secretary shall not Achieve Act, has been approved by the Sec- ‘‘(A) provide award amounts to eligible determine that a State or local educational retary to carry out a growth model as a pilot schools based on— agency has failed to comply with section program, may continue to participate in the ‘‘(i) the degree of improvement of student 1119A if the reason for the agency’s non-com- pilot program instead of the requirements of performance; pliance is a contract or collective bargaining this section, at the Secretary’s discretion.’’. ‘‘(ii) the number of students in the school; agreement that was entered into prior to the SEC. 107. INNOVATIVE TEACHER AND SCHOOL IN- and date of enactment of this Act. CENTIVE PROGRAMS. ‘‘(iii) the number of teachers, administra- ‘‘(2) RESTRICTIONS.—A local educational Part C of title II of the Elementary and tors, and staff serving the school; agency or State educational agency shall not Secondary Education Act of 1965 (20 U.S.C. ‘‘(B) give the eligible school the discretion enter into a new contract or collective bar- 6671 et seq.) is amended by adding at the end to determine the appropriate uses described gaining agreement or renew or extend a con- the following: in subparagraph (C), with guidance and over- tract or collective bargaining agreement ‘‘Subpart 6—Innovative Teacher and School Incen- sight provided by the State educational that prevents the local educational agency tive Programs agency; and or State educational agency from meeting ‘‘SEC. 2371. INNOVATIVE TEACHER AND SCHOOL ‘‘(C) require that the awards be used by the the requirements of section 1119A after the INCENTIVE PROGRAMS. school for any of the following: date of enactment of this Act.’’. ‘‘(a) GRANT FUND FOR INNOVATIVE TEACHER ‘‘(i) Non-recurring bonuses for teachers, SEC. 106. PERMITTING GROWTH MODEL SYS- PROGRAMS.— administrators, and staff at the school. TEMS. ‘‘(1) GRANTS AUTHORIZED.—From amounts ‘‘(ii) The addition of temporary personnel Section 1111(b) of the Elementary and Sec- appropriated for this subsection, the Sec- to continue the school’s improvement. ondary Education Act of 1965 (20 U.S.C. retary shall award grants to eligible States ‘‘(iii) Providing a limited number of teach- 6311(b)) is amended by adding at the end the to enable the eligible States— ers with reduced teaching schedules to per- following: ‘‘(A) to implement programs to improve mit the teachers to act as mentors at the ‘‘(11) USE OF GROWTH MODEL SYSTEMS.— professional development for public school school or at other schools receiving assist- ‘‘(A) DEFINITION OF GROWTH MODEL SYS- educators such as— ance under title I. TEM.—In this paragraph, the term ‘growth ‘‘(i) establishing professional development ‘‘(5) DEFINITION OF ELIGIBLE SCHOOL.—In model system’ means a system that— committees, which are primarily composed this subsection, the term ‘eligible school’ ‘‘(i) calculates the academic growth of of teachers, to evaluate the school’s profes- means an elementary or secondary school each individual student served by a school in sional development activities and develop a that— the State over time; plan for future activities that better meet ‘‘(A) is in the highest third of schools in ‘‘(ii) establishes growth targets for each the needs of the teachers and the students the State in terms of the percentage of stu- such student, including students who already the teachers serve; and dents eligible for free or reduced-price meet or exceed the proficient or advanced ‘‘(ii) providing funding to local education lunches under the Richard B. Russell Na- level of academic achievement on a State as- agencies to increase the number of profes- tional School Lunch Act; and sessment required under section 1111(b)(3); sional development release days; and ‘‘(B) shows significant improvement in stu- and ‘‘(B) to reform teacher compensation, as- dent performance, as compared to similar ‘‘(iii) meets the minimum standards re- signment, and tenure policies, including schools. garding data systems and data quality that policies providing incentives to encourage ‘‘(c) REPORT.—The Secretary shall annu- the Secretary establishes pursuant to regula- the best teachers to teach high-need subjects ally report to Congress on the grants award- tion, which standards shall include require- or in high-need schools. ed under subsections (a) and (b) and shall ments that the system— ‘‘(2) DEFINITION OF ELIGIBLE STATE.—In this evaluate the effectiveness of such grants. subsection, the term ‘eligible State’ means a ‘‘(I) matches the assessment records of a ‘‘(d) AUTHORIZATION.—For the purpose of student to the student for each year the stu- State that, in evaluating teachers, uses ob- carrying out this subsection, there are au- dent is enrolled in a public school in the jective measures of student learning growth thorized to be appropriated $200,000,000 for State; and as the primary indicators of teacher per- fiscal year 2008 and for each of the 4 suc- ‘‘(II) measures student growth at the class- formance. ceeding fiscal years.’’ room and school levels. ‘‘(3) APPLICATION.—An eligible State desir- ‘‘(B) USE OF GROWTH MODEL SYSTEMS.—Not- ing a grant under this subsection shall sub- TITLE II—CLOSING THE ACHIEVEMENT withstanding any other provision of law, for mit an application at such time, in such GAP purposes of any provision that requires the manner, and containing such information as SEC. 201. PURPOSE. calculation of a number or percentage of stu- the Secretary may require. The purposes of this title are to—

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10912 CONGRESSIONAL RECORD — SENATE August 3, 2007 (1) require the equitable distribution of ef- ‘‘(A) highly effective teachers and prin- school funding provided to schools in the fective teachers and non-Federal funding; cipals in the elementary and secondary local educational agency for such year, the (2) increase authorizations for school-im- schools served by the local educational agen- local educational agency shall include in the provement funds; and cy; or school report card required under section (3) provide incentives for States to main- ‘‘(B) in the case of a local educational 1111(h)(2)(B)(ii) for such school the amount tain rigorous assessments by distributing agency in a State that is not implementing by which the school’s non-Federal school these school-improvement funds according a highly effective teacher system under sec- funding is significantly below the average to the number of schools in need of improve- tion 1119A or for which highly effective non-Federal school funding for schools ment. teacher evaluations have not been com- served by the local educational agency. SEC. 202. EQUITABLE DISTRIBUTION OF HIGHLY pleted, highly qualified teachers in the ele- ‘‘(3) EVALUATION.—2 years after the date of EFFECTIVE TEACHERS AND NON- mentary and secondary schools served by the enactment of the All Students Can Achieve FEDERAL FUNDING. local educational agency. Act, and every year thereafter, the Inspector (a) IN GENERAL.—Subpart 1 of part A of ‘‘(2) REPORT CONTENTS.—The report re- General of the Department shall— title I of the Elementary and Secondary Edu- quired under this subsection shall include— ‘‘(A) evaluate 5 State educational agencies cation Act of 1965 (20 U.S.C. 6311 et seq.) is ‘‘(A) The percentage of public elementary that receive assistance under this part and 10 further amended by adding at the end the school and secondary school teachers em- local educational agencies that receive as- following: ployed by the local educational agency who sistance under this part, to determine such ‘‘SEC. 1120D. EQUITABLE DISTRIBUTION OF HIGH- are not highly effective or highly qualified, agencies’ progress in meeting the require- LY EFFECTIVE OR HIGHLY QUALI- as applicable. ments of this section; and FIED TEACHERS. ‘‘(B) The specific steps the local edu- ‘‘(B) prepare and distribute a report re- ‘‘(a) ANNUAL STATE EDUCATIONAL AGENCY cational agency is taking to address any dis- garding the findings of the evaluation to the REPORT.— proportionate assignment of teachers who Secretary and to the Committee on Health, ‘‘(1) IN GENERAL.—Each State educational are not highly effective or highly qualified, Education, Labor, and Pensions of the Sen- agency receiving assistance under this part as applicable. ate and the Committee on Education and shall annually prepare and submit to the ‘‘(C) A comparison between the elementary Labor of the House of Representatives. Secretary, and make available to the public, schools and secondary schools served by the ‘‘(b) REGULATIONS AND GUIDELINES.— a report on the equitable distribution of— local educational agency in the highest quar- ‘‘(1) STATE EDUCATIONAL AGENCY REGULA- ‘‘(A) highly effective teachers and prin- tile in terms of the percentage of students el- TIONS.—Not later than 180 days after the date cipals in the State; or igible for free and reduced-price lunches of enactment of the All Students Can ‘‘(B) in the case of a State that has not yet under the Richard B. Russell National Achieve Act, the Secretary shall promulgate implemented a highly effective teacher sys- School Lunch Act, and such schools in the regulations for State educational agencies tem under section 1119A or for which highly lowest quartile, with respect to each of the regarding how to review the State edu- effective teacher evaluations have not been following: cational agency’s rules and guidelines and completed, highly qualified teachers in the ‘‘(i) The annual teacher attrition rate. work with local educational agencies to es- State. ‘‘(ii) The percentage of classes taught by tablish plans and timelines for providing eq- ‘‘(2) STATE REPORT CONTENT.—The report teachers who are not highly effective or uitable non-Federal funding to all schools in described in paragraph (1) shall include the highly qualified, as applicable. the State who receive assistance under this following: ‘‘(iii) The percentage of public schools with title. ‘‘(A) The percentage of public elementary principals who are not highly effective, in ‘‘(2) GUIDELINES FOR LOCAL EDUCATIONAL school and secondary school teachers in the States that have implemented highly effec- AGENCIES.—Not later than 1 year after the State who are not highly effective or highly tive principal evaluations under section issuance of the regulations described in para- qualified, as applicable. 1119A. graph (1), each State educational agency re- ‘‘(B) The specific steps the State edu- ‘‘(D) A comparison between the public ceiving assistance under this part shall— cational agency is taking to address any dis- schools served by the local educational agen- ‘‘(A) develop guidelines for local edu- proportionate assignment of teachers who cy in the highest quartile in terms of minor- cational agencies regarding the local edu- are not highly effective or highly qualified in ity student enrollment, and such schools in cational agencies’ responsibilities under this the schools and local educational agencies of the lowest quartile, with respect to each cat- section; and the State. egory described in clauses (i) through (iii) of ‘‘(B) distribute such guidelines to the local ‘‘(C) A description of progress made regard- subparagraph (C). educational agencies and make such guide- ing the State’s capacity to implement a sys- ‘‘(E) Specific, measurable, and quantifiable lines publicly available. tem for measuring individual teacher effec- annual goals for achieving equity in the dis- ‘‘(3) LOCAL EDUCATIONAL AGENCY PLANS.— tiveness. tribution of teachers who are highly effec- Not later than 180 days after the receipt of ‘‘(D) A comparison between the elementary tive or highly qualified, as applicable. the State educational agency’s guidelines de- and secondary schools in the State in the ‘‘(F) Such other information as the Sec- scribed in paragraph (2), each local edu- highest quartile in terms of the percentage retary may reasonably require. cational agency in the State that receives of students eligible for free and reduced-price ‘‘(c) LOCAL EDUCATIONAL AGENCY PLANS.— assistance under this part shall develop and lunches under the Richard B. Russell Na- Not later than 180 days after the date of en- submit to the State educational agency a tional School Lunch Act, and such schools in actment of the All Students Can Achieve plan that— the lowest quartile, with respect to each of Act, each local educational agency receiving ‘‘(A) describes how the local educational the following: assistance under this part shall submit a agency will ensure the equitable distribution ‘‘(i) The annual teacher attrition rate. plan to the State educational agency that of non-Federal funds; ‘‘(ii) The percentage of classes taught by describes how the local educational agency ‘‘(B) includes a timeline that provides for teachers who are not highly effective or will achieve equitable assignment of highly the implementation of the plan by not later highly qualified, as applicable. effective teachers (or, in the case of a local than 3 years after the local educational ‘‘(iii) The percentage of such schools with educational agency in a State that has not agency has received the guidelines under principals who are not highly effective, if the yet implemented a highly effective teacher paragraph (3); and State has implemented highly effective prin- system, highly qualified teachers) to high- ‘‘(C) shall be made publicly available. cipal evaluations under section 1119A. poverty and high-minority schools. ‘‘(c) DEFINITION OF NON-FEDERAL FUNDS.— ‘‘(E) A comparison between the public ‘‘SEC. 1120E. EQUITABLE DISTRIBUTION OF NON- In this section, the term ‘non-Federal funds’ schools in the State in the highest quartile FEDERAL FUNDING. means the amount of State and local funds in terms of the percentage of minority stu- ‘‘(a) REQUIREMENTS.— provided to a school (including those State dent enrollment, and such schools in the ‘‘(1) IN GENERAL.—Not later than 3 years and local funds used for teacher salaries but lowest quartile, with respect to each cat- after the date of enactment of the All Stu- not including any Federal funding). egory described in clauses (i) through (iii) of dents Can Achieve Act, each State edu- ‘‘SEC. 1120F. MAKE WHOLE PROVISIONS. subparagraph (D). cational agency receiving assistance under ‘‘If a State has not achieved an equitable ‘‘(F) A compendium of statewide data and this title shall provide evidence to the Sec- distribution, within local educational agen- local educational reports described in sub- retary that the non-Federal funds used by cies, of effective teachers and non-Federal section (b). the State for public elementary and sec- funds 3 years after the date of enactment of ‘‘(G) Such other information as the Sec- ondary education, including those funds used the All Students Can Achieve Act, the Sec- retary may reasonably require. for actual, and not estimated or averaged, retary may withhold a portion of the State’s ‘‘(b) ANNUAL LOCAL EDUCATIONAL AGENCY teacher salaries, based upon classroom funds under the All Students Can Achieve REPORT.— hours, for each fiscal year, are distributed Act.’’. ‘‘(1) IN GENERAL.—Each local educational equitably across the schools within each (b) REPORT CARD.—Section 1111(h)(2)(B)(ii) agency receiving assistance under this part local educational agency. of the Elementary and Secondary Education shall annually prepare and submit to the ‘‘(2) INFORMATION ON SCHOOL REPORT Act of 1965 (20 U.S.C. 6311(h)(2)(B)(ii)) is State educational agency, and make avail- CARDS.—If, for a fiscal year, a school receiv- amended— able to the public, a report on the equitable ing assistance under this part receives sig- (1) in subclause (I), by striking ‘‘and’’ after distribution of— nificantly less than the average non-Federal the semicolon;

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10913 (2) in subclause (II), by striking he period (2) align State curricula with college and the report under section 302(e)(7) of the Na- and inserting a semicolon and ‘‘and ‘‘; and workplace needs through State P–16 commis- tional Assessment of Educational Progress (3) by inserting after clause (II), as so sions covering pre-kindergarten through col- Authorization Act, each State desiring to re- amended, the following: lege in the subjects of reading or language ceive funding under this part shall— ‘‘(III) the information required under sec- arts, history, science, technology, engineer- ‘‘(A) adopt the model American standards tion 1120E(a)(2), if required for such school; ing, and mathematics; and and assessments specified in that report for and’’. (3) require the Department of Education to use in carrying out this section; SEC. 203. STRENGTHEN AND FOCUS STATE CA- report annually on the quality and rigor of ‘‘(B) modify the State’s existing academic PACITY FOR SCHOOL IMPROVEMENT the model American and the State standards standards and assessments to align with EFFORTS. and assessments. those model American standards and assess- (a) SCHOOL IMPROVEMENT GRANT AUTHOR- SEC. 302. AUTHORIZATION OF APPROPRIATIONS. ments; or IZATION OF APPROPRIATIONS.—Section 1002(i) For the purpose of carrying out this title ‘‘(C) continue using the State’s existing of the Elementary and Secondary Education and the amendments made by this title, in academic standards and academic assess- Act of 1965 (20 U.S.C. 6302(i)) is amended by addition to other amounts already author- ments or those of a regional consortium. striking ‘‘appropriated $500,000,000’’ and all ized, there are authorized to be appropriated ‘‘(2) SECRETARY TO EVALUATE STANDARDS that follows through the period and inserting $250,000,000 for fiscal year 2008 and for each of AND ASSESSMENTS OF STATES NOT ADOPTING ‘‘appropriated— the 4 succeeding fiscal years. MODEL AMERICAN STANDARDS AND ASSESS- ‘‘(1) $600,000,000 for fiscal year 2008; PART A—AMERICAN STANDARDS AND MENTS.—The Secretary shall— ‘‘(2) $700,000,000 for fiscal year 2009; ASSESSMENTS ‘‘(A) analyze the academic standards and ‘‘(3) $800,000,000 for fiscal year 2010; assessments of States that do not adopt the ‘‘(4) $900,000,000 for fiscal year 2011; and SEC. 311. AMERICAN STANDARDS AND ASSESS- model American standards and assessments; MENTS. ‘‘(5) $1,000,000,000 for fiscal year 2012.’’. and (a) NATIONAL ASSESSMENT GOVERNING (b) STATE ADMINISTRATION.—Section 1003 of ‘‘(B) compare such academic standards and BOARD.—Section 302 of the National Assess- the Elementary and Secondary Education assessments to the model American stand- ment of Educational Progress Authorization Act of 1965 (20 U.S.C. 6303) is amended— ards and assessments, using a common scale. Act (20 U.S.C. 9621) is amended— (1) in subsection (g)(2), by striking ‘‘the ‘‘(3) ANNUAL REPORT.—The Secretary shall (1) in subsection (b)(1)— funds received by the States, the Bureau of annually report to Congress on any variance (A) in subparagraph (G), by striking Indian Affairs, and the outlying areas, re- in quality and rigor between the model ‘‘Three classroom teachers representing’’ spectively, for the fiscal year under parts A, American standards and assessments adopt- and inserting ‘‘Six classroom teachers with 2 C, and D of this title.’’ and inserting ‘‘the ed by the Assessment Board and the stand- each representing’’; number of schools in the States, the Depart- (B) in subparagraph (H), by striking ‘‘One ards and assessments used by the States. ment of Interior, and the outlying areas, re- representative of business or industry’’ and Until development and implementation of spectively, that are not making adequate inserting ‘‘Three representatives of business the model American standards and assess- yearly progress for the most recent school or industry’’; and ments adopted by the Assessment Board, the year for which information is available.’’; (C) by adding at the end the following: ‘‘(O) Secretary shall report annually to the public and Two members from higher education.’’; on differences between State assessment re- (2) by adding at the end the following: (2) in subsection (e)— sults and results from the National Assess- ‘‘(h) ADDITIONAL AMOUNTS FOR ADMINISTRA- (A) in paragraph (1)— ment of Educational Progress.’’. TIVE COSTS.— (i) in subparagraph (I), by striking ‘‘and’’ (c) AMENDMENT TO LOCAL PLANS.—Section ‘‘(1) IN GENERAL.—Notwithstanding sub- after the semicolon; 1112(b)(1)(F) of the Elementary and Sec- sections (a), (b), and (g), in addition to the (ii) in subparagraph (J), by striking the pe- ondary Education Act of 1965 (20 U.S.C. amounts reserved under subsection (a) but riod and inserting ‘‘; and’’; and 6311(b)(1)(F)) is amended by striking ‘‘read- not allocated under subsection (b)(1) and the (iii) by adding at the end the following: ing and mathematics’’ and inserting ‘‘read- amounts of a grant award described in sub- ‘‘(K)(i) create American content and per- ing, mathematics, and science’’. section (g)(7), a State may use an additional formance standards and assessments in lan- (d) NATIONAL ASSESSMENT GOVERNING percentage of the amounts reserved under guage arts or reading, mathematics, and BOARD.—Section 303 of the National Assess- subsection (a) and the grant award under science for grades 3 through 12; ment of Educational Progress Authorization subsection (g), not to exceed 15 percent of ‘‘(ii) create high-quality alternative assess- Act (20 U.S.C. 9621) is amended— the sum of such reserved amounts and grant ments for students with disabilities and (1) in subsection (b)(1), by striking ‘‘read- award, if the State matches the dollar English-language learners for use by States; ing, mathematics’’ and inserting ‘‘reading, amount of such additional amount with an ‘‘(iii) provide web-based mechanisms for mathematics, science’’; equal amount of State funds. States to receive timely results from these (2) in subsection (b)(2)(B), by striking ‘‘(2) USE OF FUNDS.—A State that elects to assessments and alternate assessments; ‘‘reading and mathematics’’ and inserting use an additional percentage described in ‘‘(iv) extrapolate such standards and as- ‘‘reading, mathematics, and science’’; paragraph (1) shall use such funds, and the sessments based on the National Assessment (3) in subsection (b)(2)(C), by striking required matching State funds, to build more of Educational Progress frameworks; and ‘‘reading and mathematics’’ and inserting capacity at the State level to diagnose, in- ‘‘(v) ensure that such standards and assess- ‘‘reading, mathematics, and science’’; tervene in, and assist schools— ments are aligned with college and work- (4) in subsection (b)(2)(E), by striking ‘‘(A) by supporting State personnel in car- place readiness skills.’’; and ‘‘reading and mathematics’’ and inserting rying out the responsibilities under this sec- (B) by adding at the end the following: ‘‘reading, mathematics, and science’’; tion; or ‘‘(7) REPORT ON AMERICAN STANDARDS.—The (5) in subsection (b)(3)(A)(i), by striking ‘‘(B) by entering into contracts with non- Assessment Board shall issue a report to the ‘‘reading and mathematics’’ and inserting profit entities with a record of assisting in Secretary containing the model standards ‘‘reading, mathematics, and science’’; the improvement of persistently low-per- and describe the assessments specified in (6) in subsection (b)(3)(A)(ii), by striking forming schools.’’. paragraph (1)(K).’’; ‘‘reading and mathematics’’ and inserting (c) EXTENDING THE FOUR PERCENT SCHOOL (3) in subsection (f)— ‘‘reading, mathematics, and science’’; and IMPROVEMENT STATE RESERVATIONS.—Section (A) in paragraph (2)(B), by striking ‘‘not (7) in subsection (b)(3)(C)(ii), by striking 1003 of the Elementary and Secondary Edu- more than six’’; and ‘‘reading and mathematics’’ and inserting cation Act of 1965 (20 U.S.C. 6303) is amended (B) by adding at the end the following: ‘‘reading, mathematics, and science’’. in subsection (a)— ‘‘(3) DETAILEES.—Any Federal Government employee may be detailed to the Governing PART B—P–16 EDUCATION STEWARDSHIP (1) by striking ‘‘2 percent’’ and inserting ‘‘4 SYSTEMS percent’’; and Board without reimbursement from the (2) by striking ‘‘for fiscal years 2002’’ and Board, and such detailee shall retain the SEC. 321. P–16 EDUCATION STEWARDSHIP COM- MISSION. all that follows through ‘‘2007,’’ and inserting rights, status, and privileges of such employ- ‘‘for each fiscal year’’. ee’s regular employment without interrup- (a) P–16 EDUCATION STEWARDSHIP COMMIS- tion.’’. SION.— TITLE III—ACHIEVING HIGH STANDARDS (b) AMENDMENT TO STATE PLANS.—Section (1) IN GENERAL.—Each State that receives SEC. 301. PURPOSES. 1111 of the Elementary and Secondary Edu- assistance under part A of title I of the Ele- The purposes of this title are to— cation Act of 1965 (20 U.S.C. 6311) is amend- mentary and Secondary Education Act of (1) enhance the National Assessment Gov- ed— 1965 (20 U.S.C. 6311 et seq.) shall establish a erning Board and the Board’s responsibilities (1) in subsection (c)(2), by striking ‘‘read- P–16 education stewardship commission that to develop 21st century performance-based ing and mathematics’’ and inserting ‘‘read- has the policymaking ability to meet the re- American standards and assessments, includ- ing, mathematics, and science’’; and quirements of this section. ing world-class alternate assessments for (2) by adding at the end the following: (2) EXISTING COMMISSION.—The State may students with disabilities and English-lan- ‘‘(n) USE BY STATES OF MODEL AMERICAN designate an existing coordinating body or guage learners, with incentives for States to STANDARDS AND ASSESSMENTS.— commission as the State P–16 education adopt voluntarily the American standards ‘‘(1) IN GENERAL.—Notwithstanding any stewardship commission for purposes of this and assessments; other provision of this Act, upon issuance of title, if the body or commission meets, or is

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10914 CONGRESSIONAL RECORD — SENATE August 3, 2007 amended to meet, the basic requirements of mentary and Secondary Education Act of (2) school counselors; this section. 1965 (20 U.S.C. 6311 et seq.) shall develop a (3) P–16 educators; (b) MEMBERSHIP.— plan that includes, at a minimum, the fol- (4) institutions of higher education; and (1) COMPOSITION.—Each P–16 education lowing: (5) students and parents, especially stu- stewardship commission shall be composed (1) A demonstration that the State will dents and parents of students listed in sub- of the Governor of the State, or the designee work with the State P–16 education steward- paragraphs (A) through (D) of section of the Governor, and the stakeholders of the ship commission and others, as necessary, to 322(a)(2) and those entering grade 9 in the statewide education community, as deter- examine the relationship among the content next academic year, to assist students and mined by the Governor or the designee of the of postsecondary education admission and parents in making informed and strategic Governor, such as— placement exams, the prerequisite skills and course enrollment decisions. (A) the chief State official responsible for knowledge required to successfully take TITLE IV—STRENGTHENING administering prekindergarten through postsecondary-level general education ACCOUNTABILITY grade 12 education in the State; coursework, the pre-kindergarten through (B) the chief State official of the entity SEC. 401. PURPOSES. grade 12 courses and academic factors associ- primarily responsible for the supervision of The purposes of this title are— ated with academic success at the postsec- institutions of higher education in the State; (1) to divide the accountability structure (C) bipartisan representation from the ondary level, particularly with respect to for schools under the Elementary and Sec- State legislative committee with jurisdic- science, technology, engineering, and mathe- ondary Education Act of 1965 to provide— tion over prekindergarten through grade 12 matics, and existing academic standards and (A) comprehensive intervention for schools education and higher education; aligned academic assessments. that do not make adequate yearly progress (2) A description of how the State will, (D) representatives of 2- and 4-year institu- because groups comprising collectively 50 using the information from the State P–16 tions of higher education in the State; percent or more of the students in the school education stewardship commission, increase (E) public elementary and secondary have not achieved the State objectives under the percentage of students taking courses school teachers employed in the State; section 1111(b)(2)(G) of such Act; and (F) representatives of the business commu- that have the highest correlation of aca- (B) focused intervention for schools that do nity; and demic success at the postsecondary level, for not make adequate yearly progress because (G) at the discretion of the Governor, or each of the following groups of students: groups comprising collectively less than 50 (A) Economically disadvantaged students. the designee of the Governor, representatives percent of the students in the school have (B) Students from each major racial and from pre-kindergarten through grade 12 and not achieved such objectives; ethnic group within the State. higher education governing boards and other (2) to strengthen the program of providing (C) Students with disabilities. organizations. supplemental educational services; (2) CHAIRPERSON; MEETINGS.—The Governor (D) Students with limited English pro- (3) to count all children and increase rigor of the State, or the designee of the Governor, ficiency. by ensuring that the State calculations of shall serve as chairperson of the P–16 edu- (3) A description of how the State will dis- adequate yearly progress have limits on stu- cation stewardship commission and shall tribute the information in the P–16 edu- dent thresholds and also on statistical con- convene regular meetings of the commission. cation stewardship commission’s report to fidence intervals that do not exceed 95 per- (c) DUTIES OF THE COMMISSION.— the public in the State, including public sec- (1) MEETINGS.—Each State P–16 education ondary schools, local educational agencies, cent confidence; stewardship commission shall convene reg- school counselors, P–16 educators, institu- (4) to add science to the subjects included ular meetings. tions of higher education, students, and par- in the adequate yearly progress calculations (2) COMMISSION RECOMMENDATIONS.—Not ents. in the academic assessments under section later than 18 months after a State receives (4) An assurance that the State will con- 1111(b)(3) of such Act; funds under section 303, and annually there- tinue to pursue effective P–16 education (5) to support research and development for after, the State P–16 education stewardship alignment strategies. mathematics and science partnerships; commission informed by the higher edu- (b) SUBMISSION.—Each State shall submit (6) to amend the provisions regarding the cation institutions in the State shall— the State plan described in subsection (a) to accountability for students with disabilities (A) develop recommendations to better the Secretary not later than 1 year of the and English-language learners; align the content knowledge requirements date of the enactment of this Act. (7) to screen children entering schools identified as in need of comprehensive inter- for secondary school graduates with the SEC. 323. P–16 EDUCATION STEWARDSHIP SYS- knowledge and skills needed to succeed in TEM GRANTS. vention under section 1116(b)(1) of such Act; and postsecondary education and the workforce (a) PROGRAM AUTHORIZED.—From amounts in the subjects of reading or language arts, appropriated under this section, the Sec- (8) to develop the Adjunct Teacher Corps to history, mathematics, science, technology, retary shall award grants, from allotments meet the country’s needs for teachers in crit- and engineering, and, at the discretion of the under subsection (b), to States to enable the ical foreign languages and science, tech- Commission, additional academic content States— nology, engineering, and mathematics. areas; (1) to establish P–16 education stewardship SEC. 402. AUTHORIZATIONS. (B) develop recommendations regarding commissions in accordance with section 321; For the purpose of carrying out this title the prerequisite skills and knowledge, pat- and and the amendments made by this title, terns of coursework, and other academic fac- (2) to carry out the activities and programs there are authorized to be appropriated tors including— described in the State plan submitted under $250,000,000 for fiscal year 2008 and for each of (i) the prerequisite skills and knowledge section 322. the 4 succeeding fiscal years. expected of incoming freshmen at institu- (b) ALLOTMENTS.—The Secretary shall allot SEC. 403. SCHOOL INTERVENTION PLAN DEVEL- tions of higher education to successfully en- the amounts available for grants under this OPMENT. gage in and complete postsecondary-level section equally among the States that have Part A of title I of the Elementary and general education coursework without the submitted plans described in section 322. Secondary Education Act of 1965 is further prior need to enroll in developmental Each such plan shall include a demonstra- amended by inserting before section 1116 the coursework; and tion that the State, not later than 5 months following: (ii) patterns of coursework and other aca- after receiving grant funds under this sec- demic factors that demonstrate the highest ‘‘SEC. 1115A. SCHOOL INTERVENTION PLAN DE- tion, will establish a P–16 education steward- VELOPMENT. correlation with success in completing post- ship commission described in section 321. secondary-level general education ‘‘(a) IN GENERAL.—A school that does not coursework and degree or certification pro- SEC. 324. REPORTS. make adequate yearly progress but has not grams, particularly with respect to science, (a) IN GENERAL.—Not later than 18 months been so identified for the immediate pre- technology, engineering, and mathematics; after a State receives funds under this sec- ceding year shall, not later than the end of and tion, and annually thereafter, the State P–16 the first year following such identification— (C) develop recommendations and enact education stewardship commission shall pre- ‘‘(1) develop, in conjunction with the local policies to increase the success rate of stu- pare and submit to the Governor, and make educational agency and in consultation with dents in the students’ transition from sec- easily accessible and available to the public, parents, teachers, administrators, students, ondary school to postsecondary education, a clear and concise report that shall include and school-intervention specialists from the including policies to increase success rates the recommendations described in section local educational agency or the State edu- for— 321(c)(2). cational agency, a school-intervention plan; (i) students of economic disadvantage; (b) DISTRIBUTION TO THE PUBLIC.—Not later ‘‘(2) obtain approval of the plan from the (ii) students of racial and ethnic minori- than 60 days after the submission of a report local educational agency and certification ties; under subsection (a), each State P–16 edu- from the superintendent that the plan meets (iii) students with disabilities; and cation stewardship commission shall publish the requirements of this subparagraph and is (iv) students with limited English pro- and widely distribute the information in the reasonably designed to ensure that the ficiency. report in various concise and understandable school will meet adequate yearly progress SEC. 322. P–16 EDUCATION STATE PLANS. formats to targeted audiences such as— targets for the following year; and (a) IN GENERAL.—Each State receiving as- (1) all public secondary schools and local ‘‘(3) after approval, make the school-inter- sistance under part A of title I of the Ele- educational agencies; vention plan publicly available.

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‘‘(b) CONTENTS OF PLAN.—A school plan ‘‘(ii) TRANSFER TO FOCUSED INTERVENTION.— prehensive intervention for less than 5 con- under this section shall— In the case of a school that has been identi- secutive years- ‘‘(1) analyze and address systemic causes fied as in need of comprehensive interven- ‘‘(I) the school shall implement the ap- for the school’s inability to make adequate tion under clause (i), the school shall be proved school intervention plan developed yearly progress; transferred to the year under the focused under section 1115A; and ‘‘(2) identify the specific reasons why the intervention timeline, as defined in para- ‘‘(II) not later than the beginning of the school did not make adequate yearly graph (2)(A)(i), where the school would have first school year of intervention plan imple- progress; fallen if the school had never needed com- mentation, and for each of the succeeding ‘‘(3) articulate a plan to improve instruc- prehensive intervention, if the school— years if the school remains in need of com- tion and achievement that addresses how the ‘‘(I) makes adequate yearly progress for 2 prehensive or focused intervention, the local school will— consecutive years for groups that collec- educational agency shall arrange for the pro- ‘‘(A) implement curriculum and bench- tively contain more than 50 percent of the vision of supplemental educational services; mark assessments that are aligned with the students; and and State academic content standards and stu- ‘‘(II) does not make adequate yearly ‘‘(III) by not later than 6 weeks before the dent academic achievement standards, if col- progress for one or more subgroups for 2 or start of the first school year of intervention lectively more than 50 percent of students more consecutive years for the same sub- plan implementation, the local educational are contained within groups that did not groups. agency serving the school shall notify the meet adequate yearly progress; ‘‘(iii) EXITING COMPREHENSIVE INTERVEN- parents of the students attending the school ‘‘(B) expand instructional time for stu- TION.—In the case of a school that has been of the parents’ right to transfer their child dents who have not met the proficient level identified as in need of comprehensive inter- to another public school that is not identi- or are not making sufficient progress toward vention under clause (i), the school shall fied as in need of comprehensive interven- reaching such level on the State academic continue to be identified as in need of com- tion including the out of district transfer assessments; prehensive intervention and subject to the program in section 503. ‘‘(C) ensure that first-year teachers are not requirements of this section until— ‘‘(ii) PLAN AND PROGRESS REVIEW.—In the disproportionately assigned to students de- ‘‘(I) the school makes adequate yearly case of a school that is required to carry out scribed in subparagraph (B); progress for 2 consecutive years for groups a comprehensive school improvement plan ‘‘(D) ensure that all teachers in the school that collectively contain more than 50 per- under this subparagraph, the local edu- receive assistance and support in imple- cent of the students; or cational agency and the State educational ‘‘(II) the school year following the imple- menting the curriculum, evidence-based agency shall annually review the school’s mentation of a comprehensive restructuring intervention models, benchmark assess- implementation of the plan and progress for plan under subparagraph (E). ments, and additional instructional time; each year that the school is designated as in ‘‘(B) HIRING, TRANSFERRING, AND PROFES- ‘‘(E) if the subgroup of limited English pro- need of comprehensive intervention. SIONAL DEVELOPMENT REQUIREMENTS FOR ficient students does not make adequate ‘‘(D) RESTRUCTURING PLAN DEVELOPMENT IN IDENTIFIED SCHOOLS.— yearly progress, articulate how the school YEAR 4.— ‘‘(i) IN GENERAL.—Subject to clause (iii), a will work with the local educational agency ‘‘(i) IN GENERAL.—In the case of a school local educational agency or State edu- to redeploy, as permitted, funds made avail- identified as in need of comprehensive inter- cational agency receiving assistance under able to the local educational agency under vention for 4 consecutive years, the local this part shall— title III; ‘‘(I) permit a school identified as being in educational agency, in consultation with the ‘‘(F) if the subgroup of students with dis- need of comprehensive intervention under school and in addition to plan implementa- abilities did not make adequate yearly subparagraph (A) to deny transfer requests tion as defined in subparagraph (C), shall, by progress, articulate how the school will work from teachers; not later than the end of the year— with the local educational agency to rede- ‘‘(II) provide such school with priority in ‘‘(I) develop a comprehensive restructuring ploy, as permitted, funds made available to the hiring timeline for the local educational plan, in consultation with school interven- the local educational agency under the Indi- agency or State educational agency; and tion specialists, where available, from the viduals with Disabilities Education Act (20 ‘‘(III) in the case of a school that has been State educational agency, parent and com- U.S.C. 1411 et seq.); identified as being in need of comprehensive munity representatives, and local govern- ‘‘(G) include data on the school, relevant intervention for 2 or more years, allow the ment officials; to the factors identified in the plan, from the school to add additional professional devel- ‘‘(II) obtain— local educational agency’s report under sec- opment hours for teachers if the professional ‘‘(aa) approval of the plan from a peer re- tion 1120D; and development is included as part of the ap- view panel selected by the chief State school ‘‘(H) identify specific actions that the local proved intervention plan defined in this sub- officer; and educational agency will take to make sup- section for the school. ‘‘(bb) certification by the chief State plemental educational services and public ‘‘(ii) DETERMINATION BY SECRETARY.—Each school officer that the plan meets the re- school transfer available.’’. local educational agency or State edu- quirements of this subparagraph and is de- SEC. 404. COMPREHENSIVE AND FOCUSED INTER- cational agency receiving assistance under signed to ensure that the school will make VENTION. this part shall demonstrate to the Secretary adequate yearly progress in the succeeding Section 1116 of the Elementary and Sec- that the agency can meet the requirements years; and ondary Education Act of 1965 (20 U.S.C. 6316) of clause (i) by not later than 3 years after ‘‘(III) make the comprehensive restruc- is amended)— the date of enactment of this Act. If the Sec- turing plan public. (1) in subsection (a)(1)(B)— retary determines that the local educational ‘‘(ii) RESTRUCTURING OPTIONS.—A com- (A) by striking ‘‘subject to school improve- agency or State educational agency has prehensive restructuring plan for a school ment’’ and inserting in lieu thereof ‘‘subject failed to meet this requirement, the Sec- subject to this subparagraph shall include to comprehensive intervention or focused retary may withhold a portion of funds to details sufficient to carry out one of the fol- intervention’’; and the State educational agency under this lowing as consistent with State law: (B) by striking ‘‘for school improvement’’ title. ‘‘(I) Closing and reopening the school as a and inserting in lieu thereof ‘‘for comprehen- ‘‘(iii) BARGAINING AGREEMENT EXCEPTION charter school even if the addition of such sive intervention or focused intervention’’; AND RESTRICTIONS ON NEW AGREEMENTS.— school would exceed the State’s limit on the (2) by striking subsection (b) and inserting ‘‘(I) IN GENERAL.—The Secretary shall not number of charter schools that may operate the following: determine that a State educational agency in the State, city, county, or region. ‘‘(b) SCHOOL INTERVENTION.— has failed to comply with clause (i) if the ‘‘(II) Closing and reopening the school ‘‘(1) COMPREHENSIVE INTERVENTIONS.— reason for the agency’s non-compliance is a under the management of a private or non- ‘‘(A) IDENTIFICATION.— contract or collective bargaining agreement profit organization with a proven record of ‘‘(i) IN GENERAL.—A local educational agen- that was entered into prior to the date of en- improving schools. cy shall identify as in need of comprehensive actment of this Act. ‘‘(III) Closing and reopening the school intervention, any elementary school or sec- ‘‘(II) RESTRICTIONS.—A local educational under the direct administration of the State ondary school served under this part that agency or State educational agency shall not educational agency or the chief executive of- does not make, for 2 or more consecutive enter into a new contract or collective bar- ficer of a State or local government entity, years, adequate yearly progress as defined in gaining agreement, or renew or extend a con- such as a governor or mayor. the State’s plan under section 1111(b)(2) be- tract or collective bargaining agreement, ‘‘(IV) Reassigning the majority of the staff cause— that prevents the local educational agency at the school, and ensuring that in the subse- ‘‘(I) the group of all students at the school or State educational agency from meeting quent year the staff serving the school does did not meet the objectives set by the State the requirements of clause (i) after the date not have a greater percentage of teachers under section 1111(b)(2)(G); or of enactment of the All Students Can who are not highly effective than the aver- ‘‘(II) 1 or more groups of students specified Achieve Act. age percentage of such teachers in the in section 1111(b)(2)(C)(v) that collectively ‘‘(C) PLAN IMPLEMENTATION IN YEARS 1, 2, 3, schools served by the local educational agen- represents 50 percent or more of the students AND 4.— cy. in the school’s enrollment did not meet such ‘‘‘(i) IN GENERAL.—In the case of a school ‘‘(iii) MULTIPLE RESTRUCTURING EXCEP- objectives. that has been identified as in need of com- TION.—

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‘‘(I) EXCEPTION.—Notwithstanding subpara- focused subject, and shall carry out the re- school instruction to manage and staff the graph (A) or clause (i), if 10 percent or more quirements of this paragraph for each such instructional areas not meeting adequate of the schools served by a local educational group and subject. yearly progress. agency are required to develop a comprehen- ‘‘(D) PLAN IMPLEMENTATION IN YEARS 1, 2, 3, ‘‘(G) FOCUSED RESTRUCTURING PLAN IMPLE- sive restructuring plan, the local educational AND 4.—In the case of a school identified as MENTATION IN YEAR 5.—In the case of a school agency, with the approval and cooperation of in need of focused intervention for the same identified as in need of focused intervention the State educational agency, may carry out focused group and 1 or more of the same fo- for the same focused group and 1 or more of the requirements of this subparagraph for a cused subjects for 2 consecutive years— the same focused subjects for 5 consecutive limited number of the lowest performing of ‘‘(i) the school shall implement the school years, the local educational agency shall im- such schools, as described in subclause (II). intervention plan under section 1115A and plement the certified focused restructuring ‘‘(II) LIMITED NUMBER OF SCHOOLS.—The issue an annual progress report regarding plan in the following school year. number of schools described in this subclause the implementation to the public by not ‘‘(H) CONTINUED PLAN IMPLEMENTATION IN shall be not less than the greater of— later than the following academic year; and YEAR 6 AND BEYOND.—In the case of a school ‘‘(aa) 10 percent of the number of the ‘‘(ii) the local educational agency shall identified as in need of focused intervention schools served by the local educational agen- target supplemental educational services to for the same focused group and 1 or more of cy; or students in the focused group while allowing the same focused subjects for 6 or more con- ‘‘(bb) 1. other students to participate in accordance secutive years, the local educational agency ‘‘(III) RULE FOR NONSELECTED SCHOOLS.—A with subsection (E) by not later than the fol- shall continue refining the intervention plan school identified for comprehensive restruc- lowing academic year. and the local educational agency shall use turing that is not one of the limited number ‘‘(E) PUBLIC SCHOOL TRANSFER IN YEAR 1.— sufficient funds available under this title to of lowest performing schools under this In the case of a school identified as in need carry out extended time instructional pro- clause shall be subject to comprehensive re- of focused intervention for the same focused grams for students in the focused group. structuring in subsequent years and com- group and 1 or more of the same focused sub- ‘‘(3) GENERAL PROVISIONS.— parable expenditures under subparagraph (F) jects for 2 consecutive years— ‘‘(A) DEADLINE.—The identification of a unless the school exits comprehensive inter- ‘‘(i) the school shall continue to implement school as in need of comprehensive interven- vention. the intervention plan and provide annual tion under paragraph (1) or focused interven- ‘‘(E) YEAR 5—COMPREHENSIVE RESTRUC- progress reports, as required under subpara- tion under paragraph (2) shall take place be- TURING PLAN IMPLEMENTATION.—A school graph (D)(i); fore the beginning of the school year fol- that has been identified as in need of com- ‘‘(ii) the local educational agency shall lowing the failure to make adequate yearly prehensive intervention for 5 consecutive continue to provide supplemental edu- progress. years, shall, subject to the exemption in sub- cational services under subparagraph (D)(ii); ‘‘(B) FOCUSED ASSISTANCE SCHOOLS.—To de- paragraph (D)(iii), fully implement the com- and termine if an elementary school or a sec- prehensive restructuring plan by not later ‘‘(iii) by not later than 6 weeks before the ondary school that is conducting a targeted than the end of the year following such iden- start of the first school year of intervention assistance program under section 1115 should tification. plan implementation, the local educational be identified as in need of comprehensive ‘‘(F) RULE OF CONSTRUCTION.—Nothing in agency serving the school shall notify the intervention or focused intervention under this section shall be construed to preclude a parents of the students attending the school this section, a local educational agency may local educational agency from implementing of the parents’ right to transfer the students choose to review the progress of only the a policy of carrying out a comprehensive re- to another public school that is not identi- students in the school who are served, or are structuring of a school more quickly than is fied as in need of comprehensive interven- eligible for services, under this part. required by this section. tion and shall provide such right. ‘‘(4) OPPORTUNITY TO REVIEW AND PRESENT ‘‘(2) FOCUSED INTERVENTION.— ‘‘(F) FOCUSED RESTRUCTURING PLAN DEVEL- EVIDENCE; TIME LIMIT.— ‘‘(A) IDENTIFICATION.— OPMENT IN YEAR 4.—In the case of a school ‘‘(A) IDENTIFICATION.—Before identifying ‘‘(i) IN GENERAL.—If any elementary school identified as in need of focused intervention an elementary school or a secondary school or secondary school served under this part for the same focused group and 1 or more of as in need of comprehensive intervention or does not, for 2 or more consecutive years, the same focused subjects for 4 consecutive focused intervention under paragraphs (1) or make adequate yearly progress as defined in years, the local educational agency, in con- (2), the local educational agency shall pro- the State’s plan under section 1111(b)(2) but sultation with the school and in addition to vide the school with an opportunity to re- is not identified as in need of comprehensive plan implementation as defined in subpara- view the school-level data, including aca- intervention, the local educational agency graph (D), shall carry out clauses (i) and (ii). demic assessment data, on which the pro- shall identify the school as in need of focused ‘‘(i) IN GENERAL.—The local educational posed identification is based. intervention with respect to each group of agency, in consultation with school inter- ‘‘(B) EVIDENCE.—If the principal of a school students described in section 1111(b)(2)(C)(v) vention specialists from the local edu- proposed for identification as in need of com- that did not meet the objectives set by the cational agency and the State educational prehensive intervention or focused attention State under section 1111(b)(2)(G) in the same agency, and parent and community rep- under paragraphs (1) or (2) believes, or a ma- subject area for both years. resentatives, shall— jority of the parents of the students enrolled ‘‘(ii) TRANSFER TO COMPREHENSIVE INTER- ‘‘(I) develop a focused restructuring plan in such school believe, that the proposed VENTION.—In the case of a school that has that may utilize additional school improve- identification is in error for statistical or been identified as in need of focused inter- ment funding provided to the State edu- other substantive reasons, the principal may vention under clause (i), the school will no cational agency; provide supporting evidence to the State longer be under focused intervention if the ‘‘(II) obtain certification of the plan from educational agency, which shall consider school does not make adequate yearly the chief school officer of the local edu- that evidence before making a final deter- progress for 2 consecutive years for groups cational agency and the chief State school mination within 30 days. that collectively contain more than 50 per- officer attesting that the plan meets the re- ‘‘(5) TECHNICAL ASSISTANCE.— cent of the students. quirements of this subparagraph and is rea- ‘‘(A) IN GENERAL.—For each school identi- ‘‘(iii) EXITING FOCUSED INTERVENTION.—In sonably designed to ensure that the school fied as in need of comprehensive interven- the case of a school that has been identified will make adequate yearly progress in the tion or focused intervention under paragraph as in need of focused intervention with re- succeeding years; and (1) or (2), the local educational agency serv- spect to a focused group and focused subject ‘‘(III) after certification, make the focused ing the school shall ensure the provision of under clause (i), the school shall continue to restructuring plan publicly available. technical assistance as the school develops be identified as in need of focused interven- ‘‘(ii) CONTENTS.—A focused restructuring and implements the school plan under either tion and subject to the requirements of this plan for a school subject to this subpara- such paragraph throughout the plan’s dura- section until the focused group meets or ex- graph shall include a plan to carry out 1 or tion. ceeds the objectives set by the State under more of the following as consistent with ‘‘(B) SPECIFIC ASSISTANCE.—Such technical section 1111(b)(2)(G) for the focused subject State law: assistance— for 2 consecutive years. ‘‘(I) Reassigning the majority of the staff ‘‘(i) shall include assistance in gathering ‘‘(B) DEFINITIONS.—In this paragraph— at the school associated with the subgroups and analyzing data from assessments and ‘‘(i) the term ‘focused group’ means the that did not meet adequate yearly progress, other examples of student work, to identify group of students described in subparagraph and ensuring that, in the subsequent year, and address— (A)(i); and the staff serving the students in these sub- ‘‘(I) problems in instruction; and ‘‘(ii) the term ‘focused subject’ means each groups do not have a greater percentage of ‘‘(II) problems, if any, in implementing the subject area for which the focused group did teachers who are not highly effective than parental involvement requirements de- not meet the objectives set by the State the average percentage of such teachers in scribed in section 1118, the professional de- under section 1111(b)(2)(G) for both years. the schools served by the local educational velopment requirements described in section ‘‘(C) MULTIPLE GROUPS.—A school may be agency. 1119, and the responsibilities of the school identified for focused improvement under ‘‘(II) Entering into an agreement with a and local educational agency under the this paragraph for more than 1 focused group private or non-profit organization with a school plan; and of students and with respect to more than 1 proven record of improving schools and ‘‘(III) solutions to such problems;

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No to provide public school transfer under para- of 1965), a private not-for-profit organization such period shall be taken into account in graph (1)(C) or (2)(E) and all public schools or for-profit organization, an educational determining the number of consecutive years served by the local educational agency to service agency, or another entity with expe- of failure to make adequate yearly progress. which a child may transfer are identified as rience in helping schools improve academic ‘‘(9) TRANSPORTATION.—In the case of any in need of comprehensive intervention, the achievement. school identified as in need of comprehensive agency shall, to the extent practicable, es- ‘‘(C) SCIENTIFICALLY BASED RESEARCH.— intervention or focused intervention that is tablish a cooperative agreement with other Technical assistance provided under this sec- required to provide public school transfer local educational agencies in the area for a tion by a local educational agency or an en- under paragraph (1)(C) or (2)(E), the local transfer. tity approved by that agency shall be based educational agency shall provide, or shall ‘‘(12) STATE EDUCATIONAL AGENCY RESPON- on scientifically based research. pay for the provision of, transportation for SIBILITIES.—The State educational agency ‘‘(6) INDEPENDENT AUDIT OF SPACE AVAIL- the student to the public school the student shall— ABILITY.— attends. ‘‘(A) make technical assistance under sec- ‘‘(A) IN GENERAL.—Each local educational ‘‘(10) FUNDS FOR TRANSPORTATION AND SUP- tion 1117 available to schools identified as in agency serving any school identified as in PLEMENTAL EDUCATIONAL SERVICES.— need of comprehensive intervention or fo- need of comprehensive intervention under ‘‘(A) IN GENERAL.—Unless a lesser amount cused intervention under this subsection paragraph (1) shall annually document is needed to comply with paragraph (9) and consistent with section 1117(a)(2); (through an independent audit that may be to satisfy all requests for supplemental edu- ‘‘(B) if the State educational agency deter- conducted by the State educational agency) cational services under subsection (e), a mines that a local educational agency failed the space in public schools served by such local educational agency shall spend an to carry out its responsibilities under this agency that are making adequate yearly amount equal to 20 percent of its allocation subsection, take such corrective actions as progress that is available for transfers under under subpart 2, from which the agency shall the State educational agency determines to paragraph (1)(C) or (2)(E). spend— be appropriate and in compliance with State ‘‘(B) RULE IF INADEQUATE SPACE.—The Sec- ‘‘(i) an amount equal to 5 percent of its al- law; retary shall deem a local educational agency location under subpart 2 to provide, or pay ‘‘(C) ensure that academic assessment re- to have met its obligations under paragraph for, transportation under paragraph (8); sults under this part are provided to schools (1)(C) or (2)(E) if— ‘‘(ii) an amount equal to 5 percent of its al- before any identification of a school may ‘‘(i) an audit under subparagraph (A) deter- location under subpart 2 to provide supple- take place under this subsection; and mines that the requirements of paragraph mental educational services under sub- ‘‘(D) for local educational agencies or (1)(C) or (2)(E) cannot be met because of— ‘‘(I) the lack of physical space, and the in- section (e); and schools identified for comprehensive inter- ‘‘(iii) an amount equal to the remaining 10 ability to reasonably acquire additional vention or in need of focused intervention percent of its allocation under subpart 2 for physical space (such as the lack of land to under this subsection, notify the Secretary transportation under paragraph (8), supple- place portable classrooms); of major factors that were brought to the at- ‘‘(II) the inability to acquire new class- mental educational services under sub- tention of the State educational agency room space; or section (e), or both, as the agency deter- under section 1111(b)(9) that have signifi- ‘‘(III) State and local health or safety laws mines. cantly affected student academic achieve- and regulations; and ‘‘(B) TOTAL AMOUNT.—The total amount de- ment.’’; ‘‘(ii) the local educational agency makes scribed in subparagraph (A)(ii) is the max- (3) by striking paragraph (1) of subsection available for transfers under such paragraph imum amount the local educational agency (c) and inserting the following: all the space determined by the audit to be shall be required to spend under this part on ‘‘(1) SUPPLEMENTAL EDUCATIONAL SERV- practically available. supplemental educational services described ICES.—The local educational agency serving ‘‘(7) NOTICE TO PARENTS.—A local edu- in subsection (e). any school required under paragraph (1) or cational agency shall promptly provide to a ‘‘(C) INSUFFICIENT FUNDS.—If the amount of (2) of subsection (b) to provide supplemental parent or parents of each student enrolled in funds described in subparagraph (A)(ii) or educational services shall, subject to this an elementary school or a secondary school (iii) and available to provide services under subsection, arrange for the provision of sup- identified for comprehensive intervention or this subsection is insufficient to provide sup- plemental educational services to eligible each student in a focused group in an ele- plemental educational services to each child children in the school from a provider with a mentary school or secondary school identi- whose parents request the services, the local demonstrated record of effectiveness, that is fied for focused intervention (in an under- educational agency shall give priority to selected by the parents and approved for that standable and uniform format and, to the ex- providing the services to the lowest-achiev- purpose by the State educational agency in tent practicable, in a language the parents ing children. accordance with reasonable criteria, con- can understand)— ‘‘(D) PROHIBITION.—A local educational sistent with paragraph (5), that the State ‘‘(A) an explanation of what the identifica- agency shall not, as a result of the applica- educational agency shall adopt.’’; tion means, and how the school compares in tion of this paragraph, reduce by more than (4) in subsection (g), by striking para- terms of academic achievement to other ele- 15 percent the total amount made available graphs (3) and (4) and inserting the following: mentary schools or secondary schools served under section 1113(c) to a school described in ‘‘(3) SCHOOL-IMPROVEMENT FOR DEPARTMENT by the local educational agency and the paragraph (7)(C) or (8)(A) of subsection (b). OF INTERIOR SCHOOLS.— State educational agency involved; ‘‘(11) SPECIAL RULES REGARDING SCHOOL ‘‘(A) CONTRACT AND GRANT SCHOOLS.—For a ‘‘(B) the reasons for the identification; TRANSFER.— school funded by the Department of Interior ‘‘(C) an explanation of what the school ‘‘(A) CONTINUATION OF SCHOOLING.—A local which is operated under a contract issued by identified is doing to address the problem of educational agency shall permit a child who the Secretary of the Interior pursuant to the low achievement; transferred to another school under this sub- Indian Self-Determination Act (25 U.S.C. 450 ‘‘(D) an explanation of what the local edu- section to remain in that school until the et seq.) or under a grant issued by the Sec- cational agency or State educational agency child has completed the highest grade in retary of the Interior pursuant to the Trib- is doing to help the school address the that school. The obligation of the local edu- ally Controlled Schools Act of 1988 (25 U.S.C. achievement problem; cational agency to provide, or to provide for, 2501 et seq.), the school board of such

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school shall be responsible for meeting the (b) NUMBER OF STUDENTS NECESSARY FOR ‘‘(2) NATIONAL SCIENCE FOUNDATION.—In requirements of subsection (b) relating to de- STATISTICALLY RELIABLE INFORMATION.—Sec- carrying out the activities authorized by velopment and implementation of any com- tion 1111 of the Elementary and Secondary this part, the Secretary shall— prehensive intervention plan or comprehen- Education Act of 1965 (20 U.S.C. 6311) is ‘‘(A) consult with the Director of the Na- sive restructuring plan as described in sub- amended by adding at the end the following: tional Science Foundation, particularly in section (b)(1) or focused intervention plan or ‘‘(n) INSUFFICIENT NUMBER TO YIELD RELI- the conduct of summer workshops, insti- focused restructuring plan as described in ABLE INFORMATION.—For purposes of this sec- tutes, or partnerships to improve mathe- subsection (b)(2), except for the requirements tion— matics and science teaching in elementary to provide public school transfer under para- ‘‘(1) any group of 20 students or more shall schools and secondary schools; and graph (1)(C) or (2)(E) of subsection (b). The be deemed to be sufficient to yield statis- ‘‘(B) consult with the Director of the Na- Department of Interior shall be responsible tically reliable information; and tional Science Foundation regarding the dis- for meeting the requirements of subsection ‘‘(2) the Secretary may, upon the request semination of model programs identified by (b)(5) relating to technical assistance. of a State educational agency, deem a group the Director of the National Science Founda- ‘‘(B) DEPARTMENT OPERATED SCHOOLS.—For of students too small if— tion to be replicated on a more expansive schools operated by the Department of the ‘‘(A) the group consists of more than 20 but basis.’’; Interior, the Department shall be responsible less than 31 students; and (5) in subsection (f) (as redesignated by for meeting the requirements of subsection ‘‘(B) the Secretary determines that the paragraph (2))— (b) relating to development and implementa- State educational agency has justified, (A) in paragraph (2)— tion of any comprehensive intervention plan through documented evidence, the need for (i) in subparagraph (B), by striking ‘‘and’’ or comprehensive restructuring plan as de- such an interpretation.’’. after the semicolon; scribed in subsection (b)(1), or focused inter- SEC. 406. INCLUDING ALREADY-REQUIRED (ii) in subparagraph (C), by striking the pe- vention plan or focused restructuring plan as SCIENCE ASSESSMENTS IN ADE- riod and inserting ‘‘; and’’; and described in subsection (b)(2), except for the QUATE YEARLY PROGRESS. (iii) by adding at the end the following: requirements to provide public school trans- Section 1111(b)(2) of the Elementary and ‘‘(D) shall describe how the activities as- fer under paragraph (1)(C) or (2)(E) of sub- Secondary Education Act of 1965 (20 U.S.C. sisted under this section will be coordinated section (b). 6311(b)(2)) is amended— with other programs to improve mathe- (1) in subparagraph (E), by inserting ‘‘Each ‘‘(4) CORRECTIVE ACTION AND RESTRUC- matics and science academic achievement State, using data for the 2001–2002 school TURING FOR BUREAU-FUNDED SCHOOLS.— that are being implemented by the local edu- year for mathematics and reading or lan- ‘‘(A) CONTRACT AND GRANT SCHOOLS.—For a cational agency that is a member of the school funded by the Department of Interior guage arts and data for the 2007–2008 school partnership.’’; and which is operated under a contract issued by year for science,’’ after ‘‘Starting Point.’’; (B) by adding at the end the following: the Secretary of the Interior pursuant to the (2) by amending subparagraph (F) to read ‘‘(3) REPORTS.— Indian Self-Determination Act (25 U.S.C. 450 as follows: ‘‘(A) ELIGIBLE PARTNERSHIP REPORTS.— ‘‘(F) TIMELINE.—Each State shall establish et seq.) or under a grant issued by the Sec- Each eligible partnership receiving a grant a timeline for adequate yearly progress, retary of the Interior pursuant to the Trib- or subgrant under this part shall report an- which shall ensure that, by the end of— ally Controlled Schools Act of 1988 (25 U.S.C. nually to the Secretary regarding the eligi- ‘‘(i) the 2013–2014 school year, all students 2501 et seq.), the school board of such school ble partnership’s progress in meeting the ob- in each group described in subparagraph shall be responsible for meeting the require- jectives described in the accountability plan (C)(v) will meet or exceed the State’s pro- ments of paragraph (1) or (2) of subsection of the partnership under paragraph (2). ficient level of academic achievement on the ‘‘(B) SECRETARY REPORTS.—The Secretary (b). Any action taken by such school board State assessments of mathematics and read- shall annually report to the appropriate under subsection (b)(1)(D) shall take into ac- ing or language arts under paragraph (3); and committees of Congress on the effectiveness count the unique circumstances and struc- ‘‘(ii) the 2019–2020 school year, all students of programs assisted under this part in im- ture of the Department of Interior-funded in each group described in subparagraph proving student mathematics and science school system and the laws governing that (C)(v) will meet or exceed the State’s pro- academic achievement. system. ficient level of academic achievement on the ‘‘(4) REVOCATION.—If the Secretary or State ‘‘(B) BUREAU OPERATED SCHOOLS.—For State assessments of science under para- educational agency, as applicable, deter- schools operated by the Department of Inte- graph (3).’’; and (3) in paragraph (G)(i), by mines that an eligible partnership is not rior, the Department shall be responsible for striking ‘‘subsection (a)(3)’’ and inserting making substantial progress in meeting the meeting the requirements of paragraph (1) or ‘‘paragraph (3) and, beginning in the 2008– objectives described in the accountability (2) of subsection (b). Any action taken by the 2009 school year, science;’’. plan of the partnership under paragraph (2) Department under subsection (b)(1)(D) shall by the end of the second year of the grant or take into account the unique circumstances SEC. 407. MATHEMATICS AND SCIENCE PARTNER- SHIPS. subgrant under this part, then the Secretary and structure of the Department of Interior- Section 2202 (20 U.S.C. 6662) is amended— or State educational agency shall not make funded school system and the laws governing (1) by striking subparagraph (C) of sub- a grant or subgrant payment under this part that system. section (b)(2) and inserting the following: to the eligible partnership for the third year ‘‘(5) ANNUAL REPORT.—On an annual basis, ‘‘(C)(i) a description of how the activities of the grant or subgrant.’’. the Secretary of the Interior shall report to to be carried out by the eligible partnership the Secretary of Education and to the appro- SEC. 408. CHILDREN WITH DISABILITIES AND will be based on a review of scientifically CHILDREN WHO ARE LIMITED priate committees of Congress regarding any based research on mathematics and science ENGLISH PROFICIENT. schools funded by the Department of Interior education programs that are effective in im- (a) STUDENTS WITH DISABILITIES.—Para- which have been identified for comprehen- proving student academic achievement, graph (2) of section 1111(b) (20 U.S.C. sive intervention or focused intervention. which may include programs identified by 6311(b)(2)) is amended by inserting after sub- Such report shall include— the Director of the National Science Founda- paragraph (L) the following: ‘‘(A) the identity of each school; tion for replication on a more expansive ‘‘(M) STUDENTS WITH DISABILITIES.— ‘‘(B) a statement from each affected school basis; and ‘‘(i) IN GENERAL.—Subject to clause (ii), in board regarding the factors that lead to such ‘‘(ii) an explanation of how the activities determining whether students with disabil- identification; and are expected to improve student academic ities meet or exceed the objectives set by the ‘‘(C) an analysis by the Secretary of the In- achievement and strengthen the quality of State under subparagraph (G)— terior, in consultation with the Secretary if mathematics and science instruction;’’; ‘‘(I) students with significant cognitive dis- the Secretary of Interior requests the con- (2) by redesignating subsections (c) abilities may be assessed against alternative sultation, as to whether sufficient resources through (f) as subsections (d) through (g), re- standards using alternative assessments; and were available to enable such school to spectively; ‘‘(II) students described in clause (iii) may achieve adequate yearly progress.’’; and (5) (3) by inserting after subsection (b) the fol- be assessed against modified achievement in subsection (h), by striking ‘‘(b)(14)(D)’’ lowing: standards that measure the same academic and inserting ‘‘(b)(12)(D)’’. ‘‘(c) SPECIAL CONSIDERATION.—In awarding content as the regular student academic SEC. 405. COUNTING ALL CHILDREN. grants pursuant to subsection (a)(1) or achievement standards under paragraph (a) CONFIDENCE INTERVALS.—Subparagraph awarding subgrants pursuant to subsection (1)(D). (G) of section 1111(b)(2) of the Elementary (a)(2), the Secretary or the State educational ‘‘(ii) NUMERICAL LIMITS.— and Secondary Education Act of 1965 (20 agency, respectively, shall give special con- ‘‘(I) STUDENTS WITH SIGNIFICANT COGNITIVE U.S.C. 6311(b)(2)(G)) is amended by adding at sideration to eligible partnerships that carry DISABILITIES.—A local educational agency the end the following flush sentence: out activities modeled after programs identi- may not claim the exception under clause ‘‘Confidence intervals of not greater than fied by the Director of the National Science (i)(I) for more than 1 percent of the students 95 percent may be used for purposes of this Foundation for replication on a more expan- attending schools served by the local edu- subparagraph, except that a school that has sive basis.’’; cational agency for each school year. implemented a growth model system under (4) by striking paragraph (2) of subsection ‘‘(II) TOTAL LIMIT.—A local educational section 1120D may not use confidence inter- (e) (as redesignated by paragraph (2)) and in- agency may not claim the exceptions under vals.’’. serting the following: subclauses (I) and (II) of clause (i) for more

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10919 than 2 percent of the students attending rolled in a school that are required to take dergarten shall administer such screens and schools served by the local educational agen- the assessments under subparagraph (I); and assessments before or during entrance into cy. ‘‘(II) choose to not include the assessment the earliest grade offered by the school.’’. ‘‘(iii) STUDENTS ASSESSED WITH MODIFIED results of all recently arrived limited SEC. 410. ADJUNCT TEACHER CORPS. STANDARDS.—A student is described in this English proficient students in the State for Subpart 3 of part C of title II of the Ele- clause if— the first year in which the students are en- mentary and Secondary Education Act of ‘‘(I) the student has a disability other than rolled in a school in the United States for 1965 (20 U.S.C. 6711 et seq.) is amended to a significant cognitive disability; and the purposes of determining if a group de- read as follows: ‘‘(II) the Secretary determines by regula- scribed in subparagraph (C)(v) has met or ex- ‘‘Subpart 3—Adjunct Teacher Corps tions that the type and level of such dis- ceeded the objectives set by the State under ‘‘SEC. 2341. DECLARATION OF PURPOSE. ability warrants the use of modified achieve- subparagraph (G) for a school year. ‘‘It is the purpose of this subpart to create ment standards. ‘‘(ii) RETENTION IN LIMITED ENGLISH PRO- opportunities for professionals and other in- ‘‘(iv) SEPARATE STANDARDS.—The deter- FICIENT STUDENT GROUP.— dividuals with subject-matter expertise to mination of whether subclause (I) or (II) of ‘‘(I) IN GENERAL.—Notwithstanding this teach secondary school courses in the core clause (i) applies to a student shall be made subparagraph, in determining whether the academic subjects, particularly mathe- separately from other categorizations of dis- subgroup of limited English proficient stu- matics, science, and critical foreign lan- abilities. dents met or exceeded the objectives for a guages, on an adjunct basis. ‘‘(v) EXCEPTION.— school or local educational agency, a State ‘‘(I) Each State educational agency shall may include in such subgroup the assess- ‘‘SEC. 2342. ADJUNCT TEACHER PROGRAM. provide for necessary exceptions to permit ment results of students who— ‘‘(a) PROGRAM AUTHORIZED.—The Secretary increased limits in this subparagraph where ‘‘(aa) were limited English proficient, as shall award grants, on a competitive basis, a larger limit is justified, such as a special- determined by the State; and to eligible entities to enable the eligible en- ized facility in the local educational agency ‘‘(bb) whose English proficiency has im- tities to recruit and train well-qualified indi- that results in a larger percentage of stu- proved so that the students are no longer viduals to serve as adjunct teachers in sec- dents than average requiring alternative as- limited English proficient, as determined by ondary school courses in the core academic sessments with alternative or modified the State. subjects, and to place such individuals as ad- junct teachers in secondary schools. standards. ‘‘(II) TIME PERIOD.—A State may include a ‘‘(b) ELIGIBLE ENTITY.—For the purpose of ‘‘(II) The State educational agency must student described in subclause (I) in the sub- this subpart, an eligible entity is— provide notification to the Secretary when group of limited English proficient students ‘‘(1) a local educational agency; providing exceptions to a local educational only during the 3 school years following the agency and provide an annual report to the ‘‘(2) a public or private entity (which may determination that the student is no longer be a State educational agency); or Secretary and to the public on all the local limited English proficient. educational agencies receiving exemptions ‘‘(3) a partnership consisting of a local edu- ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in cational agency and a public or private enti- under this paragraph. The report shall in- this subparagraph shall be construed to re- clude the resulting assessment percentages ty. lieve a State or local educational agency ‘‘(c) DURATION OF GRANTS.—The Secretary associated with the approved exemptions and from its responsibility under applicable law such additional information as the Secretary shall award each grant under this subpart for to provide recently arrived limited English a period of not more than 5 years. may reasonably require. proficient students and students who were ‘‘(III) Exceptions should not be granted on ‘‘(d) PRIORITIES.—In awarding grants under limited English proficient but who are no the basis of poor or inaccurate identification this subpart, the Secretary shall give pri- longer limited English proficient, as deter- or the inappropriate use of alternate ority to eligible entities that propose to— mined by the State, with appropriate in- ‘‘(1) serve local educational agencies that achievement standards. struction to assist such students in gaining ‘‘(IV) Exception requests are appropriate have a large number or percentage of stu- English-language proficiency as well as where a local educational agency addresses dents performing below grade level, includ- meeting or exceeding the proficient levels of issues such as high rates of students with the ing local educational agencies that are not achievement in mathematics, reading or lan- most significant cognitive disabilities; cir- making adequate yearly progress as defined guage arts, and science.’’. cumstances in the local education agency in the State plan under section 1111(b)(2); ‘‘(2) recruit and train adjunct teachers in that would explain the higher rates such as SEC. 409. EARLY CHILDHOOD DEVELOPMENT. mathematics, science, or critical foreign lan- specialized health programs or facilities; and Paragraph (1) of section 1116(b) (20 U.S.C. guages, and provide schools with the adjunct documentation that the local educational 6316(b)) is amended by adding at the end the teachers; and agency has implemented safeguards that following new subparagraph: ‘‘(G) EARLY CHILDHOOD EDUCATION IMPROVE- ‘‘(3) recruit adjunct teachers to serve in limit the inappropriate use of alternative schools that have an insufficient number of achievement standards. These safeguards MENT.— ‘‘(i) IN GENERAL.—In the case of an elemen- teachers with expertise in the subjects the may include implementing State guidelines adjunct teachers will teach. through the Individualized Educational Plan tary school identified as in need of com- prehensive or focused intervention, the local ‘‘(e) APPLICATION.— process; informing parents about the actual ‘‘(1) IN GENERAL.—An eligible entity desir- educational agency shall administer develop- achievement of students; reporting, to the ing a grant under this subpart shall submit mental screens and assessments to preschool extent possible, on test-taking patterns; in- an application to the Secretary at such time, and kindergarten students who are enrolled cluding these students in the general cur- in such manner, and containing such infor- in the school or as provided for in clause (iv), riculum; providing information about the mation as the Secretary may reasonably re- for purposes of— use of appropriate accommodations; and en- quire. ‘‘(I) identifying areas for which instruc- suring that teachers and other educators ‘‘(2) CONTENTS.—The application shall, at a tional intervention is necessary in the areas participate in appropriate professional devel- minimum, include a description of— opment about alternate assessments. of pre-literacy and pre-numeracy for each co- ‘‘(A) the need for, and expected benefits of ‘‘(vi) STATE PLAN.—Each State plan shall hort of preschool or kindergarten students; using, adjunct teachers in the participating demonstrate how the provisions of this sec- ‘‘(II) improving instruction and services schools, which may include information on tion are to be communicated to all public being offered to preschool and kindergarten the difficulty participating schools face in school principals and special education students; and recruiting effective faculty and the achieve- teachers in the State. The State plan shall ‘‘(III) determining whether diagnostic as- ment levels of students in those schools; also demonstrate that each local educational sessments are necessary to identify needed ‘‘(B) the goals and objectives for the agency within the State monitors the imple- interventions, including in the areas of lit- project, including the number of adjunct mentation of this subparagraph to ensure eracy and mathematics. teachers the eligible entity intends to place that the subparagraph is uniformly applied ‘‘(ii) DEVELOPMENT SCREENS AND ASSESS- in classrooms and the specific gains in aca- to all schools served by such agency.’’. MENTS.—The developmental screens and as- demic achievement intended to be achieved; (b) STUDENTS WHO ARE LIMITED ENGLISH sessments described in clause (i) shall be ‘‘(C) how the eligible entity will recruit ex- PROFICIENT.—Paragraph (2) of section 1111(b) screens and assessments scientifically deter- perienced individuals and appropriate public of such Act is amended by inserting after mined to be valid, reliable, and appropriate and private entities to participate in the pro- subparagraph (M) the following: for the population for whom the screens and gram; ‘‘(N) STUDENTS WHO ARE LIMITED ENGLISH assessments are being used. ‘‘(D) the participating schools at which, PROFICIENT.— ‘‘(iii) RESTRICTIONS ON USE.—The results of and the grade levels and subjects in which, ‘‘(i) IN GENERAL.—Notwithstanding this the screens and assessments described in the eligible entity proposes to have the ad- section, a State may— clause (i) shall be used for improving in- junct faculty teach; ‘‘(I) exempt a recently arrived limited struction and services, and shall not be used ‘‘(E) how the eligible entity will use funds English proficient student from taking the for accountability-based decisions regarding received under this subpart, including how assessments during the first year that the students, schools, or local educational agen- the eligible entity will use funds to evaluate student is enrolled in a school in the United cies. the success of the program; States, and not include such student in de- ‘‘(iv) EARLIEST GRADE.—An elementary ‘‘(F) how the eligible entity will ensure termining the percentage of students en- school that does not have preschool or kin- that low-income students, defined through

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10920 CONGRESSIONAL RECORD — SENATE August 3, 2007 their eligibility for free and reduced-price ‘‘(ii) the result would reveal personally students attending schools that are in need lunches under the Richard B. Russell Na- identifiable information about an individual of comprehensive intervention, to enable tional School Lunch Act, in participating student. such students to transfer to elementary or schools and local educational agencies will, ‘‘(j) DEFINITIONS.—In this subpart: secondary schools served by other local edu- during the period of the grant, receive in- ‘‘(1) ADJUNCT TEACHER.—The term ‘adjunct cational agencies. struction in the core academic subjects from teacher’ means a teacher who— ‘‘(2) DEFINITIONS.—In this subsection: a teacher with expertise in the subject ‘‘(A) possesses, at a minimum, a bacca- ‘‘(A) ELIGIBLE STUDENT.—the term ‘eligible taught; laureate degree; student’ means an elementary or secondary ‘‘(G) the eligible entity’s commitment, ‘‘(B) has demonstrated expertise in the school student who— after the project period ends, to continue to subject matter the teacher teaches; ‘‘(i) is from a low-income family as deter- hire and employ adjunct teachers, as needed, ‘‘(C) during the first year assists the teach- mined by eligibility for free and reduced- to teach secondary school courses, particu- er of record or shall receive other mentoring price lunches under the Richard B. Russell larly mathematics, science, and critical for- services; National School Lunch Act; eign languages; and ‘‘(D) is subject to the same teacher effec- ‘‘(ii) at the time of application, is enrolled ‘‘(H) how the eligible entity will overcome tiveness provisions as other teachers; and in a school that is in need of comprehensive legal, contractual, or administrative barriers ‘‘(E) is not required to meet the other re- intervention; and to the employment of adjunct faculty in quirements of section 9101(23). ‘‘(iii) is unable to take advantage of public each participating State educational agency ‘‘(2) CRITICAL FOREIGN LANGUAGE.—The school choice under subsection (b)(1)(D) be- or local educational agency. term ‘critical foreign language’ means a for- cause— ‘‘(f) USES OF FUNDS.—Each eligible entity eign language considered most critical to en- ‘‘(I) all public schools in the local edu- that receives a grant under this subpart sure future United States national security cational agency for the student’s grade are shall use the grant funds only to carry out 1 and economic prosperity, as determined by identified as in need of comprehensive inter- or more of the following: the Secretary. vention; or ‘‘(1) To develop the capacity of the local ‘‘(3) SECONDARY SCHOOL COURSE.—The term ‘‘(II) all public schools that are not so iden- educational agency or the State educational ‘secondary school course’ means a course in tified do not have availability to take addi- agency participating in the eligible entity to 1 of the core academic subjects (as that term tional students. identify, recruit, and train qualified individ- ‘‘(B) RECEIVING SCHOOL.—The term ‘receiv- is defined in section 9101) provided to stu- uals outside of the elementary and secondary ing school’ means a public elementary or dents in grades 6 through 12. education system (including individuals in secondary school that— ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— business and government, and individuals ‘‘(i) is served by a local educational agency There are authorized to be appropriated to who would participate through distance- and is located nearby the student’s home carry out this subpart $25,000,000 for fiscal learning arrangements) to become adjunct school; year 2008 and such sums as may be necessary teachers. ‘‘(ii) is not identified as being in need of ‘‘(2) To provide financial incentives to ad- for each of the 4 succeeding years.’’. comprehensive intervention for the school junct teachers. TITLE V—ENHANCEMENTS year preceding the year the student partici- ‘‘(3) To reimburse outside entities for the SEC. 501. PURPOSES. pates in the program under this subsection; costs associated with allowing an employee The purposes of this title are to— and to serve as an adjunct teacher, except that (1) permit low-income students in schools ‘‘(iii) agrees to accept students partici- the costs shall not exceed the corresponding not making adequate yearly progress with pating in the program under this subsection. total costs of salary and benefits for teachers the option to go to another public school ‘‘(3) AWARD BASIS.—If the amounts appro- with comparable experience or expertise in outside of their own district and have Fed- priated under paragraph (5) for a fiscal year the local educational agency. eral funds follow the child; are not sufficient to award payments, the ‘‘(4) To collect and report such perform- (2) provide incentives for the equitable dis- Secretary shall give a priority to students in ance information as the Secretary may re- tribution of funds to public charter schools; States or localities that offer matching quire, including information needed for the (3) improve programs for parental involve- grants or cost sharing with the Federal fund- national evaluation conducted under sub- ment; ing. section (h). (4) provide evidence-based intervention ‘‘(4) PAYMENTS.— ‘‘(g) MATCHING REQUIREMENT.—Each eligi- ‘‘(A) IN GENERAL.—For each student that models to improve access to early interven- ble entity that receives a grant under this participates in the program under this sec- tion, early identification, and improved aca- section shall match the grant funds with tion, the Secretary shall make a payment to demic outcomes for all students; non-Federal funds, in cash or in kind. (5) incorporate universal design for learn- the local educational agency that serves the ‘‘(h) NATIONAL EVALUATION.—From the receiving school that accepts such student, amount made available for any fiscal year ing properties to provide a research-based framework for designing curricula including to be used toward the costs of providing a under subsection (k), the Secretary shall re- quality public education to the eligible stu- serve such sums as may be necessary to con- goals, teaching methods, instructional mate- rials, and assessments, that enables all indi- dents. duct an independent evaluation, by grant or ‘‘(B) AMOUNT.—The amount of a payment viduals to gain knowledge, skills, and enthu- by contract, of the adjunct teacher corps provided on behalf of a student under this siasm for learning; program carried out under this subpart, section shall be up to $5,000 a year, of (6) double over 3 years the research and de- which shall include an assessment of the im- which— pact of the program on student academic velopment investment to develop innovative ‘‘(i) not more than the average amount of achievement. The Secretary shall report the education models and strengthen the sci- Federal funds per student from title I and results of this evaluation to the appropriate entifically based information necessary title V of the Elementary and Secondary committees of Congress. under the Elementary and Secondary Edu- Education Act of 1965 in the originating local ‘‘(i) PROGRAM PERFORMANCE.— cation Act of 1965; educational agency shall be transferred from (7) expand access to supplemental edu- ‘‘(1) FINAL REPORT.—Each eligible entity the originating local educational agency of cational services; receiving a grant under this section shall the school in need of comprehensive inter- (8) increase support for foster children and prepare and submit to the Secretary a final vention to the receiving local educational youth; report on the results of the grant that shall agency; include— (9) disaggregate graduation rates and hold ‘‘(ii) not more than $4,000 shall be used by ‘‘(A) information on the academic achieve- schools accountable for closing the achieve- the receiving local educational agency for ment of students receiving instruction from ment gap in graduation rates; and tuition, fees, and transportation related to an adjunct teacher; and (10) develop high school improvement providing public education to eligible stu- ‘‘(B) such other information as the Sec- plans. dents; and retary may require. SEC. 502. AUTHORIZATIONS. ‘‘(ii) not more than $1,000 shall be used to ‘‘(2) CONTENTS.—The information required For the purpose of carrying out this title, for the report under this subsection shall provide mentoring for eligible students in addition to other amounts already author- transferring to the new school and to offer be— ized, there are to be appropriated $750,000,000 ‘‘(A) reported in a manner that provides for parental involvement programs for the eligi- for fiscal year 2008 and such sums as may be a comparison of student achievement data ble student. necessary for each of the 4 succeeding fiscal prior to, during, and after implementation of ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— years. the adjunct teacher corps program under From the amounts authorized to be appro- this subpart; and SEC. 503. PUBLIC SCHOOL CHOICE. priated under section 502 of the All Students ‘‘(B) disaggregated by race, ethnicity, dis- Section 1116 (20 U.S.C. 6316) is amended by Can Achieve Act, there are authorized to be ability status, limited English proficient sta- adding at the end the following: appropriated to carry out this section tus, and status as economically disadvan- ‘‘(i) OUT-OF-DISTRICT TRANSFER PROGRAM $50,000,000 for fiscal year 2008 and for the 4 taged, except that such disaggregation shall TO ANOTHER PUBLIC SCHOOL.— succeeding fiscal years.’’. not be required in a case in which— ‘‘(1) PROGRAM AUTHORIZED.—From amounts SEC. 504. PUBLIC CHARTER SCHOOLS. ‘‘(i) the number of students in a category is authorized under paragraph (5), the Sec- (a) IDEA AND CHARTER SCHOOLS.—Section insufficient to yield statistically reliable in- retary is authorized to make payments to 5205(a) (20 U.S.C. 7221(d)) is amended by add- formation; or local education agencies on behalf of eligible ing at the end the following:

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10921 ‘‘(6) To provide technical assistance to pub- ‘‘(iii) provides information on each agency the outset to enable all students, including lic charter schools on how to meet the re- or school’s compliance with the require- those with disabilities, to demonstrate their quirements of part B of the Individuals with ments pertaining to parental involvement knowledge, skills, and abilities in accord- Disabilities Education Act (20 U.S.C. 1411 et under this part.’’. ance with intended learning standards and seq.).’’. SEC. 506. RESPONSE TO INTERVENTION. instructional goals. (b) Charter School Equitable Funding.-Sec- (a) INCLUSION IN LOCAL EDUCATIONAL AGEN- Based on the principles of universal design tion 5202(e)(3) (20 U.S.C. 7221e(e)(3)) is amend- CY PLANS UNDER SECTION 1112.—Subpara- for learning, such assessments— ed by adding at the end the following: graph (C) of section 1112(b)(1) of the Elemen- ‘‘(I) minimize the effect of construct-irrele- ‘‘(D) The State— tary and Secondary Education Act of 1965 is vant factors, such as physical, sensory, cul- ‘‘(i) provides public charter schools with amended by inserting before the semicolon ‘‘, tural, learning, or cognitive disabilities, or funding commensurate with that provided to such as through an evidence-based interven- language barriers, that may interfere with other public schools, including provision for tion model described in section the accuracy of the assessment; and school facilities; and 1114(b)(1)(B)(v)’’. ‘‘(II) provide appropriate supports for stu- ‘‘(ii) ensures that each local educational (b) INCLUSION IN SCHOOLWIDE REFORM dents to demonstrate the knowledge, skills, agency sends to the charter schools the Fed- STRATEGIES OF SCHOOLS UNDER SECTION and abilities according to the intended learn- eral, State and local dollars to which the 1114.—Subparagraph (B) of section 1114(b)(1) ing standards.’’. charter schools are entitled in a timely man- of such Act is amended— (c) SECTION 1111(C).—Section 1111(c) of such ner.’’. (1) by striking ‘‘and’’ at the end of clause Act is amended— (c) AUTHORIZATION OF APPROPRIATIONS FOR (iii); (1) by striking ‘‘and’’ at the end of para- PUBLIC CHARTER SCHOOL PROGRAMS.—Section (2) by striking the period at the end of graph (13); 5211 (20 U.S.C. 7221j) is amended to read as clause (iv) and inserting a semicolon; and (2) by striking the period and adding ‘‘; follows: (3) by adding at the end the following new and’’ at the end of paragraph (14); and ‘‘SEC. 5211. AUTHORIZATION OF APPROPRIA- clauses: (3) by adding at the end a new paragraph: TIONS. ‘‘(iv) coordinate with early intervening ‘‘(15) the State educational agency, to the ‘‘There are authorized to be appropriated— services under section 613(f) of the Individ- extent that it is involved in selecting and ‘‘(1) to carry out this subpart (except for uals with Disabilities Education Act; and recommending textbooks and other instruc- section 5205(b)), $250,000,000 for fiscal year ‘‘(v) provide evidence-based intervention tional materials, will encourage the pur- 2008 and each of the 4 succeeding fiscal years; models that include high-quality instruc- chase of textbooks and materials that are and tion, universal screening, progress moni- consistent with the principles of universal ‘‘(2) to carry out section 5205(b), $30,000,000 toring, research-based interventions design for learning.’’. for fiscal year 2008 and each of the 4 suc- matched to student needs, and educational (d) SECTION 1111(H)(5).—Section 1111(h)(5) of ceeding fiscal years.’’. decision-making using learning rate over such Act is amended by striking the period SEC. 505. PARENTAL INVOLVEMENT. time and level of performance.’’. and inserting the following: ‘‘a comprehen- Section 1118 (20 U.S.C. 6318) is amended— (c) INCLUSION IN READING FIRST STRATE- sive plan developed in consultation with the (1) in subsection (a)(2)— GIES.—Clause (ii) of section 1202(c)(7)(A) of experts in the field and stakeholders to ad- (A) in subparagraph (E), by striking ‘‘and’’ such Act is amended— dress the implementation of universal design after the semicolon; (1) by striking ‘‘and’’ at the end of sub- for learning. The plan must be sufficiently (B) in subparagraph (F), by striking the pe- clause (I); detailed to provide substantial guidance for riod and inserting ‘‘; and’’; and (2) by striking the period at the end of sub- activities that include research, model dem- (C) by adding at the end the following: clause (II) and inserting ‘‘; and’’; and onstrations, technical assistance and dis- ‘‘(G) in the case of a State where a paren- (3) by adding at the end the following new semination, technology innovations, per- tal information and resource center is estab- subclause: sonnel preparation, staff development and lished, integrate the center in the policy and ‘‘(III) includes an evidence-based interven- other means to develop and apply universal utilize the center to— tion model described in section design for learning to standards, curriculum, ‘‘(i) disseminate information and materials 1114(b)(1)(B)(v) to support the activities re- teaching methods, instructional materials to parents; and quired or permitted under this paragraph.’’. and assessments. The plan shall include pro- ‘‘(ii) provide valuable assistance to schools (d) INCLUSION IN PROFESSIONAL DEVELOP- posed funding levels and timelines for imple- that have not achieved adequate yearly MENT FUNDING.— menting the various research, development progress.’’; and (1) SECTION 2113(C)(2).—Paragraph (2) of sec- and dissemination activities, and other com- (2) by striking subsection (h) and inserting tion 2113(c) of such Act is amended— ponents of the plan.’’. the following: (A) by striking ‘‘and’’ at the end of sub- (e) SECTION 1112(C)(1).—Section 1112(c)(1) of ‘‘(h) STATE EDUCATIONAL AGENCY RESPON- paragraph (A); such Act is amended— SIBILITIES.— (B) by striking the period at the end of (1) by striking ‘‘and’’ at the end of sub- ‘‘(1) REVIEW.—Each State educational subparagraph (B) and inserting ‘‘; and’’; and clause (N); agency receiving assistance under this part (C) by adding at the end the following new (2) by striking the period and adding ‘‘; shall review the local educational agency’s subparagraph: and’’ at the end of subclause (O); and parental involvement policies and practices ‘‘(C) enable teachers to provide services (3) by adding at the end the following: to determine if the policies and practices under an evidence-based intervention model ‘‘(P) Encourage the use of curriculum, meet the requirements of this section. described in section 1114(b)(1)(B)(v).’’. teaching methods, instructional materials ‘‘(2) OVERSIGHT.—Each State educational (2) SECTION 2123(A)(3)(B).—Subparagraph (B) and assessments that are consistent with the agency receiving assistance under this part of section 2123(a)(3) of such Act is amended— principles of universal design for learning.’’. shall designate an office or position within (A) by redesignating clauses (iv) and (v) as (f) SECTION 2112(B).—Section 2112(b) of such the State educational agency that shall— clauses (v) and (vi), respectively; and Act is amended by adding at the end the fol- ‘‘(A) oversee the proper implementation of (B) by inserting after clause (iii) the fol- lowing: the requirements pertaining to parental in- lowing new clause: ‘‘(12) A description of how the State edu- volvement of this part; ‘‘(iv) provide training to enable teachers to cational agency will use funds under this ‘‘(B) maintain records of all comments provide services under an evidence-based part to provide training in the use of teach- made to or about any local educational agen- intervention model described in section ing methods consistent with the principles of cy in the State with respect to the local edu- 1114(b)(1)(B)(v).’’. universal design for learning.’’. cational agency’s development and imple- SEC. 507. UNIVERSAL DESIGN FOR LEARNING. (g) SECTION 2112(C)(2).—Section 2112(c)(2) of mentation of the parental involvement pol- (a) SECTION 111(B)(1)(D)(i).—Section such Act is amended by inserting ‘‘general icy under subsection (a); and 1111(b)(1)(D)(i) of such Act is amended— and special education’’ after ‘‘involvement ‘‘(C) in the case of a State that has a pa- (1) by striking ‘‘and’’ at the end of sub- of’’, and inserting ‘‘consistent with the prin- rental information and resource center, an- clause (II); and ciple of universal learning’’ after ‘‘teaching nually prepare and submit a report to the (2) by adding at the end the following new skills’’. center that includes, for each local edu- subclause: (h) SECTION 2402(A).—Section 2402(a) of such cational agency and public school in the ‘‘(IV) may incorporate the principals of Act is amended by adding at the end the fol- State, that— universal design for learning;’’. lowing: ‘‘(i) lists the scores for each local edu- (b) SECTION 1111(B)(3)(C).—Section ‘‘(9) To permit the purchase and implemen- cational agency and public school in the 1111(b)(3)(C) of such Act is amended— tation of universally designed technology, State on the State academic assessments for (1) by striking ‘‘and’’ at the end of clause including staff development and technical each group described in section (xiv); support; to ensure that all students, includ- 1111(b)(2)(C)(v); (2) by striking the period and adding ‘‘; ing those with disabilities, will have an op- ‘‘(ii) lists each agency or school’s result for and’’ to the end of clause (xv); and portunity to benefit from the integration of each indicator of adequate yearly progress, (3) by adding at the end a new clause: technology into the general education cur- as defined under section 1111(b)(3)(C), for ‘‘(xvi) to the extent feasible, be universally riculum; to provide frequent experiences in each such group; and designed assessments that are designed from the use of universally designed technologies

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10922 CONGRESSIONAL RECORD — SENATE August 3, 2007 that may be applied to large scale assess- proved providers to provide such services at cordance with the provisions of this section ments; and to measure the impact of univer- schools which otherwise permit nonschool- to enable such States to carry out the activi- sally designed technologies on the learning affiliated groups to use school facilities.’’. ties described in subsections (d) through (g). and achievement of all learners.’’. (b) USE OF MULTI-DISTRICT CONSORTIUMS TO ‘‘(b) APPLICATION.—No State may receive a (i) SECTION 6111(L).—Section 6111(l) of such SATISFY SES REQUIREMENTS.—Subsection (e) grant under this section unless the State Act is amended by inserting ‘‘and univer- of section 1116 of such Act is amended— educational agency submits an application sally designed assessments under section 1111 (1) by redesignating paragraph (12) as para- to the Secretary at such time, in such man- (b)(3)(C)(xvi)’’ after ‘‘required by section graph (13); and ner, and containing or accompanied by such 1111(b)’’. (2) by inserting after paragraph (11) the fol- information as the Secretary may reason- (j) SECTION 9101.—Section 9101 of such Act is lowing new paragraph: ably require. ‘‘(12) CONSORTIUMS.— amended by adding at the end the following: ‘‘(c) ALLOCATION AND RESERVATIONS.— ‘‘(A) USE OF MULTI-DISTRICT CONSORTIUMS LLOCATION ‘‘(44) UNIVERSAL DESIGN.—The term ‘uni- ‘‘(1) A .—(A) Subject to subpara- TO SATISFY SES REQUIREMENTS.—Local edu- versal design’, as defined in section 3 of the graph (B), the Secretary is authorized to cational agencies may form consortiums to allot to each State an amount that bears the Assistive Technology Act of 1998 (29 U.S.C. carry out the functions of such agencies 3002), means a concept or philosophy for de- same ratio to the amount appropriated for under this subsection. such year under section 726 that remains signing and delivering products and services ‘‘(B) POOLING OF ELIGIBLE STUDENTS.— that are usable by people with the widest after the Secretary reserves funds under Nothing in this section shall be construed to paragraph (2) and uses funds to carry out sec- range of possible functional capabilities, prohibit students eligible for supplemental tion 724(d) and (h), as the amount allocated which include products and services that are educational services from pooling together under section 1122 of the Elementary and directly usable (without requiring assistive to attract additional provider options.’’. Secondary Education Act of 1965 to the State technologies) and products and services that SEC. 510. INCREASING SUPPORT FOR FOSTER for that year bears to the total amount allo- are made usable with assistive technologies. CHILDREN AND YOUTH. cated under section 1122 of such Act to all ‘‘(45) UNIVERSAL DESIGN FOR LEARNING.— (a) ELEMENTARY AND SECONDARY EDUCATION States for that year, except that no State The term ‘universal design for learning’ ex- ACT OF 1965.— shall receive less than the greater of— tends the concept of universal design to the (1) SECTION 1112(B)(1)(E)(II).—Section ‘‘(i) $150,000; field of education. It is a research-based 1112(b)(1)(E)(ii) of the Elementary and Sec- ‘‘(ii) one-fourth of 1 percent of the amount framework for designing curriculum, includ- ondary Education Act of 1965 is amended by appropriated under section 726 for that year; ing goals, methods, materials, and assess- inserting ‘‘foster children and youth,’’ after or ments, that enables all individuals to gain ‘‘homeless children,’’. ‘‘(iii) the amount such State received knowledge, skills, and enthusiasm for learn- (2) SECTION 1112(B)(1)(O).—Section under this section for fiscal year 2001. ing. Universal design for learning provides 1112(b)(1)(O) of the Elementary and Sec- ‘‘(B) If there are insufficient funds in a fis- curricular flexibility (in activities, in the ondary Education Act of 1965 is amended by cal year to allot to each State the minimum ways information is presented, in the ways inserting ‘‘and foster children and youth’’ amount under subparagraph (A), the Sec- students respond or demonstrate knowledge, after ‘‘homeless children,’’. retary shall ratably reduce the allotments to and in the ways students are engaged) to re- (3) SECTION 1113(B)(3)(A).—Section all States based on the proportionate share duce barriers, provide appropriate supports 1113(b)(3)(A) of the Elementary and Sec- that each State received under this sub- and challenges, and maintain high achieve- ondary Education Act of 1965 is amended by section for the preceding fiscal year. ment standards for all students, including inserting ‘‘and foster children and youth’’ ‘‘(2) RESERVATIONS.—(A) The Secretary is students with disabilities. after ‘‘homeless children’’. authorized to reserve 0.1 percent of the ‘‘(46) UNIVERSALLY DESIGNED TECHNOLOGY.— (4) SECTION 1115(B)(2).—Section 1115(b)(2) of amount appropriated for each fiscal year The term ‘universally designed technology’ the Elementary and Secondary Education under section 726 to be allocated by the Sec- means hardware and software that— Act is amended by inserting at the end the retary among the United States Virgin Is- ‘‘(A) include the features necessary for use following: lands, Guam, American Samoa, and the Com- by all learners or supports integration with ‘‘(F) FOSTER CHILDREN AND YOUTH.—A child monwealth of the Northern Mariana Islands, the necessary assistive hardware and soft- or youth who is in the foster care system and according to their respective need for assist- ware technologies to ensure that the hard- attending any school served by the local edu- ance under this subtitle, as determined by ware and software are accessible and opti- cational agency is eligible for services under the Secretary. mized for all learners; and this part.’’. ‘‘(B)(i) The Secretary shall transfer 1 per- ‘‘(B) provide flexibility in the ways that in- ‘‘Subtitle B—Education for Eligible Children cent of the amount appropriated for each fis- formation is presented, in the ways that stu- and Youths cal year under section 726 to the Department dents respond or demonstrate knowledge, ‘‘SEC. 721. STATEMENT OF POLICY. of the Interior for programs for Indian stu- and in the ways in which students are en- ‘‘The following is the policy of the Con- dents served by schools funded by the Sec- gaged in order to provide appropriate sup- gress: retary of the Interior, as determined under port and challenge and enhance the perform- ‘‘(1) Each State educational agency shall the Indian Self-Determination and Edu- ance for a typically diverse spectrum of ensure that each child of a homeless indi- cation Assistance Act (25 U.S.C. 450 et seq.), learners.’’. vidual and each eligible child or youth has that are consistent with the purposes of the SEC. 508. DOUBLING SCIENTIFIC-BASED EDU- equal access to the same free, appropriate programs described in this subtitle. CATION RESEARCH AT DEPARTMENT public education, including a public pre- ‘‘(ii) The Secretary and the Secretary of OF EDUCATION. school education, as provided to other chil- the Interior shall enter into an agreement, There are authorized to be appropriated for dren and youths. consistent with the requirements of this sub- research, development, and dissemination ‘‘(2) In any State that has a compulsory title, for the distribution and use of the activities for the Institute of Education residency requirement as a component of the funds described in clause (i) under terms that Sciences of the Department of Education— State’s compulsory school attendance laws the Secretary determines best meet the pur- (1) $163,000,000 for fiscal year 2008; or other laws, regulations, practices, or poli- poses of the programs described in this sub- (2) $218,000,000 for fiscal year 2009; cies that may act as a barrier to the enroll- title. Such agreement shall set forth the (3) $272,000,000 for fiscal year 2010; ment, attendance, or success in school of eli- plans of the Secretary of the Interior for the (4) $326,000,000 for fiscal year 2011; and gible children and youths, the State will re- use of the amounts transferred, including ap- (5) $380,000,000 for fiscal year 2012; view and undertake steps to revise such propriate goals, objectives, and milestones. laws, regulations, practices, or policies to ‘‘(3) STATE DEFINED.—For purposes of this To enhance research and development on pri- ensure that eligible children and youths are subsection, the term ‘State’ does not include mary and secondary education reform afforded the same free, appropriate public the United States Virgin Islands, Guam, through scientifically based research and in- education as provided to other children and American Samoa, or the Commonwealth of novative models for education and learning. youths. the Northern Mariana Islands. SEC. 509. SUPPLEMENTAL EDUCATIONAL SERV- ‘‘(3) Homelessness alone is not sufficient ‘‘(d) ACTIVITIES.—Grants under this section ICES. reason to separate students from the main- shall be used for the following: (a) USE OF SCHOOL FACILITIES IN PROVIDING stream school environment. ‘‘(1) To carry out the policies set forth in SUPPLEMENTAL EDUCATIONAL SERVICES.— ‘‘(4) Eligible children and youths should section 721 in the State. Paragraph (2) of section 1116(e) of such Act is have access to the education and other serv- ‘‘(2) To provide activities for, and services amended— ices that such children and youths need to to, eligible children and youths (including el- (1) by striking ‘‘and’’ at the end of subpara- ensure that such children and youths have igible children and youths of preschool age) graph (C); an opportunity to meet the same challenging that enable children and youths described in (2) by striking the period at the end of sub- State student academic achievement stand- this paragraph to enroll in, attend, and suc- paragraph (D) and inserting ‘‘; and’’; and ards to which all students are held. ceed in school, or, if appropriate, in pre- (3) by inserting after subparagraph (D) the ‘‘SEC. 722. GRANTS FOR STATE AND LOCAL AC- school programs. following new subparagraph: TIVITIES FOR THE EDUCATION OF ‘‘(3) To establish or designate an Office of ‘‘(E) establish a process (which may in- ELIGIBLE CHILDREN AND YOUTHS. Coordinator for Education of Homeless Chil- clude, after consultation with parents receiv- ‘‘(a) GENERAL AUTHORITY.—The Secretary dren and Youths in the State educational ing such services, reasonable limits) for ap- is authorized to make grants to States in ac- agency in accordance with subsection (f).

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‘‘(4) To prepare and carry out the State and the State Coordinator for Education of ‘‘(F) REPORT.— plan described in subsection (g). Homeless Children and Youths; ‘‘(i) PREPARATION.—The Secretary shall ‘‘(5) To develop and implement professional ‘‘(ii)(I) provide assistance to the parent or prepare a report on the separate schools and development programs for school personnel guardian of each eligible child or youth (or, local educational agencies described in sub- to heighten their awareness of, and capacity in the case of an unaccompanied youth, the paragraph (B) that receive funds under this to respond to, specific problems in the edu- youth) to exercise the right to attend the subtitle in accordance with this paragraph. cation of eligible children and youths. parent’s or guardian’s (or youth’s) choice of The report shall contain, at a minimum, in- ‘‘(e) STATE AND LOCAL SUBGRANTS.— schools, as provided in subsection (g)(3)(A); formation on— ‘‘(1) MINIMUM DISBURSEMENTS BY STATES.— and ‘‘(I) compliance with all requirements of From the sums made available each year to ‘‘(II) coordinate with the local educational this paragraph; carry out this subtitle, the State educational agency with jurisdiction for the school se- ‘‘(II) barriers to school access in the school agency shall distribute not less than 75 per- lected by the parent or guardian (or youth), districts served by the local educational cent in subgrants to local educational agen- to provide transportation and other nec- agencies; and cies for the purposes of carrying out section essary services; ‘‘(III) the progress the separate schools are 723, except that States funded at the min- ‘‘(iii) ensure that the parent or guardian making in integrating eligible children and imum level set forth in subsection (c)(1) (or, in the case of an unaccompanied youth, youths into the mainstream school environ- shall distribute not less than 50 percent in the youth) shall receive the information re- ment, including the average length of stu- subgrants to local educational agencies for quired by this subparagraph in a manner and dent enrollment in such schools. the purposes of carrying out section 723. form understandable to such parent or ‘‘(ii) COMPLIANCE WITH INFORMATION RE- ‘‘(2) USE BY STATE EDUCATIONAL AGENCY.—A guardian (or youth), including, if necessary QUESTS.—For purposes of enabling the Sec- State educational agency may use funds and to the extent feasible, in the native lan- retary to prepare the report, the separate made available for State use under this sub- guage of such parent or guardian (or youth); schools and local educational agencies shall title to conduct activities under subsection and cooperate with the Secretary and the State (f) directly or through grants or contracts. ‘‘(iv) demonstrate in the school’s applica- Coordinator for Education of Homeless Chil- ‘‘(3) PROHIBITION ON SEGREGATING ELIGIBLE tion for funds under this subtitle that such dren and Youths established in the State CHILDREN AND YOUTHS.— school— under subsection (d)(3), and shall comply ‘‘(A) IN GENERAL.—Except as provided in ‘‘(I) is complying with clauses (i) and (ii); with any requests for information by the subparagraph (B) and section 723(a)(2)(B)(ii), and Secretary and State Coordinator for such in providing a free public education to an eli- ‘‘(II) is meeting (as of the date of submis- State. gible child or youth, no State receiving funds sion of the application) the same Federal and ‘‘(iii) SUBMISSION.—Not later than 2 years under this subtitle shall segregate such child State standards, regulations, and mandates after the date of enactment of the McKin- or youth in a separate school, or in a sepa- as other public schools in the State (such as ney-Vento Homeless Education Assistance rate program within a school, based on such complying with sections 1111 and 1116 of the Improvements Act of 2001, the Secretary child’s or youth’s status as an eligible child Elementary and Secondary Education Act of shall submit the report described in clause or youth. 1965 and providing a full range of education (i) to— ‘‘(B) EXCEPTION.—Notwithstanding sub- and related services, including services ap- ‘‘(I) the President; paragraph (A), paragraphs (1)(J)(i) and (3) of plicable to students with disabilities). ‘‘(II) the Committee on Education and the subsection (g), section 723(a)(2), and any ‘‘(D) SCHOOL INELIGIBILITY.—A separate Workforce of the House of Representatives; other provision of this subtitle relating to school described in subparagraph (B) that and the placement of eligible children or youths fails to meet the standards, regulations, and ‘‘(III) the Committee on Health, Education, in schools, a State that has a separate school mandates described in subparagraph Labor, and Pensions of the Senate. for eligible children or youths that was oper- (C)(iv)(II) shall not be eligible to receive ‘‘(G) DEFINITION.—For purposes of this ated in fiscal year 2000 in a covered county funds under this subtitle for programs car- paragraph, the term ‘covered county’ shall be eligible to receive funds under this ried out in such school after the first date of means— subtitle for programs carried out in such such failure. ‘‘(i) San Joaquin County, California; school if— ‘‘(E) LOCAL EDUCATIONAL AGENCY REQUIRE- ‘‘(ii) Orange County, California; ‘‘(i) the school meets the requirements of MENTS.—For the State to be eligible to re- ‘‘(iii) San Diego County, California; and subparagraph (C); ceive the funds described in subparagraph ‘‘(iv) Maricopa County, Arizona. ‘‘(ii) any local educational agency serving (B), the local educational agency described ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDI- a school that the eligible children and in subparagraph (B)(ii) shall— NATOR.—The Coordinator for Education of youths enrolled in the separate school are el- ‘‘(i) implement a coordinated system for Homeless Children and Youths established in igible to attend meets the requirements of ensuring that eligible children and youths— each State shall— subparagraph (E); and ‘‘(I) are advised of the choice of schools ‘‘(1) gather reliable, valid, and comprehen- ‘‘(iii) the State is otherwise eligible to re- provided in subsection (g)(3)(A); sive information on the nature and extent of ceive funds under this subtitle. ‘‘(II) are immediately enrolled, in accord- the problems eligible children and youths ‘‘(C) SCHOOL REQUIREMENTS.—For the State ance with subsection (g)(3)(C), in the school have in gaining access to public preschool to be eligible under subparagraph (B) to re- selected under subsection (g)(3)(A); and programs and to public elementary schools ceive funds under this subtitle, the school ‘‘(III) are promptly provided necessary and secondary schools, the difficulties in described in such subparagraph shall— services described in subsection (g)(4), in- identifying the special needs of such children ‘‘(i) provide written notice, at the time any cluding transportation, to allow eligible and youths, any progress made by the State child or youth seeks enrollment in such children and youths to exercise their choices educational agency and local educational school, and at least twice annually while the of schools under subsection (g)(3)(A); agencies in the State in addressing such child or youth is enrolled in such school, to ‘‘(ii) document that written notice has problems and difficulties, and the success of the parent or guardian of the child or youth been provided— the programs under this subtitle in allowing (or, in the case of an unaccompanied youth, ‘‘(I) in accordance with subparagraph (C)(i) eligible children and youths to enroll in, at- the youth) that— for each child or youth enrolled in a separate tend, and succeed in, school; ‘‘(I) shall be signed by the parent or guard- school under subparagraph (B); and ‘‘(2) develop and carry out the State plan ian (or, in the case of an unaccompanied ‘‘(II) in accordance with subsection described in subsection (g); youth, the youth); (g)(6)(A)(v); ‘‘(3) collect and transmit to the Secretary, ‘‘(II) sets forth the general rights provided ‘‘(iii) prohibit schools within the agency’s at such time and in such manner as the Sec- under this subtitle; jurisdiction from referring eligible children retary may require, a report containing such ‘‘(III) specifically states— or youths to, or requiring eligible children information as the Secretary determines is ‘‘(aa) the choice of schools eligible children and youths to enroll in or attend, a separate necessary to assess the educational needs of and youths are eligible to attend, as provided school described in subparagraph (B); eligible children and youths within the in subsection (g)(3)(A); ‘‘(iv) identify and remove any barriers that State; ‘‘(bb) that no eligible child or youth is re- exist in schools within the agency’s jurisdic- ‘‘(4) facilitate coordination between the quired to attend a separate school for eligi- tion that may have contributed to the cre- State educational agency, the State social ble children or youths; ation or existence of separate schools de- services agency, and other agencies (includ- ‘‘(cc) that eligible children and youths scribed in subparagraph (B); and ing agencies providing mental health serv- shall be provided comparable services de- ‘‘(v) not use funds received under this sub- ices) to provide services to eligible children scribed in subsection (g)(4), including trans- title to establish— and youths (including eligible children and portation services, educational services, and ‘‘(I) new or additional separate schools for youths of preschool age), and to families of meals through school meals programs; and eligible children or youths; or children and youths described in this para- ‘‘(dd) that eligible children and youths ‘‘(II) new or additional sites for separate graph; should not be stigmatized by school per- schools for eligible children or youths, other ‘‘(5) in order to improve the provision of sonnel; and than the sites occupied by the schools de- comprehensive education and related serv- ‘‘(IV) provides contact information for the scribed in subparagraph (B) in fiscal year ices to eligible children and youths and their local liaison for eligible children and youths 2000. families, coordinate and collaborate with—

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10924 CONGRESSIONAL RECORD — SENATE August 3, 2007 ‘‘(A) educators, including child develop- riers to the enrollment and retention of eli- paragraph (A), the local educational agency ment and preschool program personnel; gible children and youths in schools in the shall— ‘‘(B) providers of services to foster, run- State. ‘‘(i) to the extent feasible, keep an eligible away, and eligible children and youths, and ‘‘(J) Assurances that— child or youth in the school of origin, except homeless families (including domestic vio- ‘‘(i) the State educational agency and local when doing so is contrary to the wishes of lence agencies, shelter operators, transi- educational agencies in the State will adopt the child’s or youth’s parent or guardian; tional housing facilities, runaway and home- policies and practices to ensure that eligible ‘‘(ii) provide a written explanation, includ- less youth centers, and transitional living children and youths are not stigmatized or ing a statement regarding the right to ap- programs for eligible children and youth); segregated on the basis of their status as eli- peal under subparagraph (E), to the eligible ‘‘(C) local educational agency liaisons des- gible children and youths; child’s or youth’s parent or guardian, if the ignated under subsection (g)(1)(J)(ii) for eli- ‘‘(ii) local educational agencies will des- local educational agency sends such child or gible children and youths; and ignate an appropriate staff person, who may youth to a school other than the school of ‘‘(D) community organizations and groups also be a coordinator for other Federal pro- origin or a school requested by the parent or representing eligible children and youths and grams, as a local educational agency liaison guardian; and their families; and for eligible children and youths, to carry out ‘‘(iii) in the case of an unaccompanied ‘‘(6) provide technical assistance to local the duties described in paragraph (6)(A); and youth, ensure that the liaison designated educational agencies in coordination with ‘‘(iii) the State and its local educational under paragraph (1)(J)(ii) assists in place- local educational agency liaisons designated agencies will adopt policies and practices to ment or enrollment decisions under this sub- under subsection (g)(1)(J)(ii), to ensure that ensure that transportation is provided, at paragraph, considers the views of such unac- local educational agencies comply with the the request of the parent or guardian (or in companied youth, and provides notice to requirements of section 722(e)(3) and para- the case of an unaccompanied youth, the li- such youth of the right to appeal under sub- graphs (3) through (7) of subsection (g). aison), to and from the school of origin, as paragraph (E). ‘‘(g) STATE PLAN.— determined in paragraph (3)(A), in accord- ‘‘(C) ENROLLMENT.—(i) The school selected ‘‘(1) IN GENERAL.—Each State shall submit ance with the following, as applicable: in accordance with this paragraph shall im- to the Secretary a plan to provide for the ‘‘(I) If the eligible child or youth continues mediately enroll the eligible child or youth, education of eligible children and youths to live in the area served by the local edu- even if the child or youth is unable to within the State. Such plan shall include the cational agency in which the school of origin produce records normally required for enroll- following: is located, the child’s or youth’s transpor- ment, such as previous academic records, ‘‘(A) A description of how such children tation to and from the school of origin shall medical records, proof of residency, or other and youths are (or will be) given the oppor- be provided or arranged by the local edu- documentation. tunity to meet the same challenging State cational agency in which the school of origin ‘‘(ii) The enrolling school shall imme- academic achievement standards all stu- is located. diately contact the school last attended by dents are expected to meet. ‘‘(II) If the eligible child’s or youth’s living the child or youth to obtain relevant aca- ‘‘(B) A description of the procedures the arrangements in the area served by the local demic and other records. State educational agency will use to identify educational agency of origin terminate and ‘‘(iii) If the child or youth needs to obtain such children and youths in the State and to the child or youth, though continuing his or immunizations, or immunization or medical assess their special needs. her education in the school of origin, begins records, the enrolling school shall imme- ‘‘(C) A description of procedures for the living in an area served by another local edu- diately refer the parent or guardian of the prompt resolution of disputes regarding the cational agency, the local educational agen- child or youth to the local educational agen- educational placement of eligible children cy of origin and the local educational agency cy liaison designated under paragraph and youths. in which the eligible child or youth is living (1)(J)(ii), who shall assist in obtaining nec- ‘‘(D) A description of programs for school shall agree upon a method to apportion the essary immunizations, or immunization or personnel (including principals, attendance responsibility and costs for providing the medical records, in accordance with subpara- officers, teachers, enrollment personnel, and child with transportation to and from the graph (D). pupil services personnel) to heighten the school of origin. If the local educational ‘‘(D) RECORDS.—Any record ordinarily kept awareness of such personnel of the specific agencies are unable to agree upon such by the school, including immunization or needs of foster, runaway, and eligible chil- method, the responsibility and costs for medical records, academic records, birth cer- dren and youths. transportation shall be shared equally. tificates, guardianship records, and evalua- ‘‘(E) A description of procedures that en- ‘‘(2) COMPLIANCE.— tions for special services or programs, re- sure that eligible children and youths who ‘‘(A) IN GENERAL.—Each plan adopted under garding each eligible child or youth shall be meet the relevant eligibility criteria are able this subsection shall also describe how the maintained— to participate in Federal, State, or local food State will ensure that local educational ‘‘(i) so that the records are available, in a programs. agencies in the State will comply with the timely fashion, when a child or youth enters ‘‘(F) A description of procedures that en- requirements of paragraphs (3) through (7). a new school or school district; and sure that— ‘‘(B) COORDINATION.—Such plan shall indi- ‘‘(ii) in a manner consistent with section ‘‘(i) eligible children and youths of pre- cate what technical assistance the State will 444 of the General Education Provisions Act school age have equal access to the same furnish to local educational agencies and (20 U.S.C. 1232g). public preschool programs, administered by how compliance efforts will be coordinated ‘‘(E) ENROLLMENT DISPUTES.—If a dispute the State agency, as provided to other chil- with the local educational agency liaisons arises over eligibility for school services, dren in the State; designated under paragraph (1)(J)(ii). school selection, enrollment in a school, or ‘‘(ii) eligible children and youths of sec- ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE- any other issue under this subtitle— ondary school age and youths separated from MENTS.— ‘‘(i) the child or youth shall be imme- the public schools are identified and ac- ‘‘(A) IN GENERAL.—The local educational diately enrolled in the school in which en- corded equal access to appropriate secondary agency serving each child or youth to be as- rollment is sought, pending final resolution education and support services; and sisted under this subtitle shall, according to of the dispute, including all available ap- ‘‘(iii) eligible children and youths who the child’s or youth’s best interest— peals; meet the relevant eligibility criteria are able ‘‘(i) continue the child’s or youth’s edu- ‘‘(ii)(I) the unaccompanied youth or the to participate in Federal, State, or local cation in the school of origin for the dura- parent or guardian of the child or youth before- and after-school care programs. tion of homelessness, or jurisdiction of the shall be provided with written explanations ‘‘(G) Strategies to address problems identi- public child welfare agency, as the case may of any related decisions made by the school, fied in the report provided to the Secretary be— the local educational agency, or the State under subsection (f)(3). ‘‘(I) in any case in which a family becomes educational agency, which shall include in- ‘‘(H) Strategies to address other problems homeless between academic years or during formation about the right to appeal the deci- with respect to the education of eligible chil- an academic year; or sions; and dren and youths, including problems result- ‘‘(II) in any case in which a child or youth ‘‘(II) if the child or youth is in out-of-home ing from enrollment delays that are caused is placed in the jurisdiction of the public care, the responsible local child welfare by— child welfare agency between academic years agency and the court involved shall also be ‘‘(i) immunization and medical records re- or during an academic year; or provided with such written explanation and quirements; ‘‘(III) for the remainder of the academic shall, in turn, provide such written expla- ‘‘(ii) residency requirements; year, if the child or youth becomes perma- nations to individuals involved in the child’s ‘‘(iii) lack of birth certificates, school nently housed during an academic year; or or youth’s care, as appropriate; records, or other documentation; ‘‘(ii) enroll the child or youth in any public ‘‘(iii) the child, youth, parent, or guardian ‘‘(iv) guardianship issues; or school that students who are not eligible shall be referred to the local educational ‘‘(v) uniform or dress code requirements. children and youths and who live in the at- agency liaison designated under paragraph ‘‘(I) A demonstration that the State edu- tendance area in which the child or youth is (1)(J)(ii), who shall carry out the dispute res- cational agency and local educational agen- actually living are eligible to attend. olution process as described in paragraph cies in the State have developed, and shall ‘‘(B) BEST INTEREST.—In determining the (1)(C) as expeditiously as possible after re- review and revise, policies to remove bar- best interest of the child or youth under sub- ceiving notice of the dispute; and

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10925 ‘‘(iv) in the case of an unaccompanied ceed in, schools of that local educational regular academic program, but not to re- youth, the liaison shall ensure that the agency; place such services provided under such pro- youth is immediately enrolled in school ‘‘(iii) eligible children and youths and gram. pending resolution of the dispute, including homeless families receive educational serv- ‘‘(B) SERVICES ON SCHOOL GROUNDS.—If serv- all available appeals. ices for which such children and youths and ices under paragraph (1) are provided on ‘‘(F) PLACEMENT CHOICE.—The choice re- families are eligible, including Head Start school grounds, schools— garding placement shall be made regardless and Even Start programs and preschool pro- ‘‘(i) may use funds under this subtitle to of whether the child or youth lives with the grams administered by the local educational provide the same services to other children homeless parents or has been temporarily agency, and referrals to health care services, and youths who are determined by the local placed elsewhere. dental services, mental health services, and educational agency to be at risk of failing in, ‘‘(G) SCHOOL OF ORIGIN DEFINED.—In this other appropriate services; or dropping out of, school, subject to the re- paragraph, the term ‘school of origin’ means ‘‘(iv) the parents or guardians of eligible quirements of clause (ii); and the school that the child or youth attended children and youths are informed of the edu- ‘‘(ii) except as otherwise provided in sec- when permanently housed or the school in cational and related opportunities available tion 722(e)(3)(B), shall not provide services in which the child or youth was last enrolled. to their children and are provided with settings within a school that segregate eligi- ‘‘(H) CONTACT INFORMATION.—Nothing in meaningful opportunities to participate in ble children and youths from other children this subtitle shall prohibit a local edu- the education of their children; and youths, except as necessary for short pe- cational agency from requiring a parent or ‘‘(v) public notice of the educational rights riods of time— guardian of an eligible child to submit con- of eligible children and youths is dissemi- ‘‘(I) for health and safety emergencies; or tact information. nated where such children and youths re- ‘‘(II) to provide temporary, special, and ‘‘(4) COMPARABLE SERVICES.—Each eligible ceive services under this Act, such as supplementary services to meet the unique child or youth to be assisted under this sub- schools, family shelters, and soup kitchens; needs of eligible children and youths. title shall be provided services comparable ‘‘(vi) enrollment disputes are mediated in ‘‘(3) REQUIREMENT.—Services provided to services offered to other students in the accordance with paragraph (3)(E); and under this section shall not replace the reg- school selected under paragraph (3), includ- ‘‘(vii) the parent or guardian of an eligible ular academic program and shall be designed ing the following: child or youth, and any unaccompanied to expand upon or improve services provided ‘‘(A) Transportation services. youth, is fully informed of all transportation as part of the school’s regular academic pro- ‘‘(B) Educational services for which the services, including transportation to the gram. child or youth meets the eligibility criteria, school of origin, as described in paragraph ‘‘(b) APPLICATION.—A local educational such as services provided under title I of the (1)(J)(iii), and is assisted in accessing trans- agency that desires to receive a subgrant Elementary and Secondary Education Act of portation to the school that is selected under under this section shall submit an applica- 1965 or similar State or local programs, edu- paragraph (3)(A). tion to the State educational agency at such cational programs for children with disabil- ‘‘(B) NOTICE.—State coordinators estab- time, in such manner, and containing or ac- ities, and educational programs for students lished under subsection (d)(3) and local edu- companied by such information as the State with limited English proficiency. cational agencies shall inform school per- educational agency may reasonably require. ‘‘(C) Programs in vocational and technical sonnel, service providers, and advocates Such application shall include the following: education. working with homeless families of the duties ‘‘(1) An assessment of the educational and ‘‘(D) Programs for gifted and talented stu- of the local educational agency liaisons. related needs of eligible children and youths dents. ‘‘(C) LOCAL AND STATE COORDINATION.— in the area served by such agency (which ‘‘(E) School nutrition programs. Local educational agency liaisons for eligi- may be undertaken as part of needs assess- ‘‘(5) COORDINATION.— ble children and youths shall, as a part of ments for other disadvantaged groups). ‘‘(A) IN GENERAL.—Each local educational their duties, coordinate and collaborate with ‘‘(2) A description of the services and pro- agency serving eligible children and youths State coordinators and community and grams for which assistance is sought to ad- that receives assistance under this subtitle school personnel responsible for the provi- dress the needs identified in paragraph (1). shall coordinate— sion of education and related services to eli- ‘‘(3) An assurance that the local edu- ‘‘(i) the provision of services under this gible children and youths. cational agency’s combined fiscal effort per subtitle with local social services agencies ‘‘(7) REVIEW AND REVISIONS.— student, or the aggregate expenditures of and other agencies or programs providing ‘‘(A) IN GENERAL.—Each State educational that agency and the State with respect to services to eligible children and youths and agency and local educational agency that re- the provision of free public education by their families, including services and pro- ceives assistance under this subtitle shall re- such agency for the fiscal year preceding the grams funded under the Runaway and Home- view and revise any policies that may act as fiscal year for which the determination is less Youth Act (42 U.S.C. 5701 et seq.); and barriers to the enrollment of eligible chil- made, was not less than 90 percent of such ‘‘(ii) with other local educational agencies dren and youths in schools that are selected on interdistrict issues, such as transpor- combined fiscal effort or aggregate expendi- under paragraph (3). tures for the second fiscal year preceding the tation or transfer of school records. ‘‘(B) CONSIDERATION.—In reviewing and re- fiscal year for which the determination is ‘‘(B) HOUSING ASSISTANCE.—If applicable, vising such policies, consideration shall be made. each State educational agency and local edu- given to issues concerning transportation, cational agency that receives assistance ‘‘(4) An assurance that the applicant com- immunization, residency, birth certificates, plies with, or will use requested funds to under this subtitle shall coordinate with school records and other documentation, and State and local housing agencies responsible comply with, paragraphs (3) through (7) of guardianship. section 722(g). for developing the comprehensive housing af- ‘‘(C) SPECIAL ATTENTION.—Special atten- ‘‘(5) A description of policies and proce- fordability strategy described in section 105 tion shall be given to ensuring the enroll- dures, consistent with section 722(e)(3), that of the Cranston-Gonzalez National Afford- ment and attendance of eligible children and the agency will implement to ensure that ac- able Housing Act (42 U.S.C. 12705) to mini- youths who are not currently attending tivities carried out by the agency will not mize educational disruption for children and school. youths who become homeless. isolate or stigmatize eligible children and ‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY SUB- youths. ‘‘(C) COORDINATION PURPOSE.—The coordi- GRANTS FOR THE EDUCATION OF ‘‘(c) AWARDS.— nation required under subparagraphs (A) and ELIGIBLE CHILDREN AND YOUTHS. ‘‘(1) IN GENERAL.—The State educational (B) shall be designed to— ‘‘(a) GENERAL AUTHORITY.— agency shall, in accordance with the require- ‘‘(i) ensure that eligible children and ‘‘(1) IN GENERAL.—The State educational youths have access and reasonable proximity agency shall, in accordance with section ments of this subtitle and from amounts to available education and related support 722(e), and from amounts made available to made available to it under section 726, make services; and such agency under section 726, make sub- competitive subgrants to local educational ‘‘(ii) raise the awareness of school per- grants to local educational agencies for the agencies that submit applications under sub- sonnel and service providers of the effects of purpose of facilitating the enrollment, at- section (b). Such subgrants shall be awarded short-term stays in a shelter and other chal- tendance, and success in school of eligible on the basis of the need of such agencies for lenges associated with homelessness and children and youths. assistance under this subtitle and the qual- being in the foster care system. ‘‘(2) SERVICES.— ity of the applications submitted. ‘‘(6) LOCAL EDUCATIONAL AGENCY LIAISON.— ‘‘(A) IN GENERAL.—Services under para- ‘‘(2) NEED.—In determining need under ‘‘(A) DUTIES.—Each local educational agen- graph (1)— paragraph (1), the State educational agency cy liaison for eligible children and youths, ‘‘(i) may be provided through programs on may consider the number of eligible children designated under paragraph (1)(J)(ii), shall school grounds or at other facilities; and youths enrolled in preschool, elemen- ensure that— ‘‘(ii) shall, to the maximum extent prac- tary, and secondary schools within the area ‘‘(i) eligible children and youths are identi- ticable, be provided through existing pro- served by the local educational agency, and fied by school personnel and through coordi- grams and mechanisms that integrate eligi- shall consider the needs of such children and nation activities with other entities and ble children and youths with noneligible youths and the ability of the local edu- agencies; children and youths; and cational agency to meet such needs. The ‘‘(ii) eligible children and youths enroll in, ‘‘(iii) shall be designed to expand or im- State educational agency may also consider and have a full and equal opportunity to suc- prove services provided as part of a school’s the following:

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10926 CONGRESSIONAL RECORD — SENATE August 3, 2007 ‘‘(A) The extent to which the proposed use wise provided through Federal, State, or semination activities of programs designed of funds will facilitate the enrollment, reten- local funding, where necessary to enable stu- to meet the educational needs of eligible tion, and educational success of eligible chil- dents to attend the school selected under children and youths who are elementary and dren and youths. section 722(g)(3). secondary school students, and may use ‘‘(B) The extent to which the application— ‘‘(6) The provision of developmentally ap- funds appropriated under section 726 to con- ‘‘(i) reflects coordination with other local propriate early childhood education pro- duct such activities. and State agencies that serve eligible chil- grams, not otherwise provided through Fed- ‘‘(e) SUBMISSION AND DISTRIBUTION.—The dren and youths; and eral, State, or local funding, for eligible chil- Secretary shall require applications for ‘‘(ii) describes how the applicant will meet dren and youths of preschool age. grants under this subtitle to be submitted to the requirements of section 722(g)(3). ‘‘(7) The provision of services and assist- the Secretary not later than the expiration ‘‘(C) The extent to which the applicant ex- ance to attract, engage, and retain eligible of the 60-day period beginning on the date hibits in the application and in current prac- children and youths, and unaccompanied that funds are available for purposes of mak- tice a commitment to education for all eligi- youths, in public school programs and serv- ing such grants and shall make such grants ble children and youths. ices provided to noneligible children and not later than the expiration of the 120-day ‘‘(D) Such other criteria as the State agen- youths. period beginning on such date. cy determines appropriate. ‘‘(8) The provision for eligible children and ‘‘(f) DETERMINATION BY SECRETARY.—The ‘‘(3) QUALITY.—In determining the quality youths of before- and after-school, men- Secretary, based on the information received of applications under paragraph (1), the toring, and summer programs in which a from the States and information gathered by State educational agency shall consider the teacher or other qualified individual pro- the Secretary under subsection (h), shall de- following: vides tutoring, homework assistance, and su- termine the extent to which State edu- ‘‘(A) The applicant’s needs assessment pervision of educational activities. cational agencies are ensuring that each eli- under subsection (b)(1) and the likelihood ‘‘(9) If necessary, the payment of fees and gible child or youth has access to a free ap- that the program presented in the applica- other costs associated with tracking, obtain- propriate public education, as described in tion will meet such needs. ing, and transferring records necessary to section 721(1). ‘‘(B) The types, intensity, and coordination enroll eligible children and youths in school, ‘‘(g) GUIDELINES.—The Secretary shall de- of the services to be provided under the pro- including birth certificates, immunization or velop, issue, and publish in the Federal Reg- gram. medical records, academic records, guardian- ister, not later than 60 days after the date of ‘‘(C) The involvement of parents or guard- ship records, and evaluations for special pro- enactment of the McKinney-Vento Homeless ians of eligible children or youths in the edu- grams or services. Education Assistance Improvements Act of cation of their children. ‘‘(10) The provision of education and train- 2001, school enrollment guidelines for States ‘‘(D) The extent to which eligible children ing to the parents of eligible children and with respect to eligible children and youths. and youths will be integrated within the reg- youths about the rights of, and resources The guidelines shall describe— ular education program. available to, such children and youths. ‘‘(1) successful ways in which a State may ‘‘(E) The quality of the applicant’s evalua- ‘‘(11) The development of coordination be- assist local educational agencies to imme- tion plan for the program. tween schools and agencies providing serv- diately enroll eligible children and youths in ‘‘(F) The extent to which services provided ices to eligible children and youths, as de- school; and under this subtitle will be coordinated with scribed in section 722(g)(5). ‘‘(2) how a State can review the State’s re- other services available to eligible children ‘‘(12) The provision of pupil services (in- quirements regarding immunization and and youths and their families. cluding violence prevention counseling) and medical or school records and make such re- ‘‘(G) Such other measures as the State edu- referrals for such services. visions to the requirements as are appro- cational agency considers indicative of a ‘‘(13) Activities to address the particular priate and necessary in order to enroll eligi- high-quality program, such as the extent to needs of eligible children and youths that ble children and youths in school imme- which the local educational agency will pro- may arise from domestic violence. diately. vide case management or related services to ‘‘(14) The adaptation of space and purchase ‘‘(h) INFORMATION.— unaccompanied youths. of supplies for any nonschool facilities made ‘‘(1) IN GENERAL.—From funds appropriated ‘‘(4) DURATION OF GRANTS.—Grants awarded available under subsection (a)(2) to provide under section 726, the Secretary shall, di- under this section shall be for terms not to services under this subsection. rectly or through grants, contracts, or coop- exceed 3 years. ‘‘(15) The provision of school supplies, in- erative agreements, periodically collect and ‘‘(d) AUTHORIZED ACTIVITIES.—A local edu- cational agency may use funds awarded cluding those supplies to be distributed at disseminate data and information regard- under this section for activities that carry shelters or temporary housing facilities, or ing— out the purpose of this subtitle, including other appropriate locations. ‘‘(A) the number and location of eligible the following: ‘‘(16) The provision of other extraordinary children and youths; ‘‘(1) The provision of tutoring, supple- or emergency assistance needed to enable el- ‘‘(B) the education and related services mental instruction, and enriched edu- igible children and youths to attend school. such children and youths receive; cational services that are linked to the ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES. ‘‘(C) the extent to which the needs of eligi- achievement of the same challenging State ‘‘(a) REVIEW OF STATE PLANS.—In review- ble children and youths are being met; and academic content standards and challenging ing the State plan submitted by a State edu- ‘‘(D) such other data and information as State student academic achievement stand- cational agency under section 722(g), the the Secretary determines to be necessary ards the State establishes for other children Secretary shall use a peer review process and and relevant to carry out this subtitle. and youths. shall evaluate whether State laws, policies, ‘‘(2) COORDINATION.—The Secretary shall ‘‘(2) The provision of expedited evaluations and practices described in such plan ade- coordinate such collection and dissemination of the strengths and needs of eligible chil- quately address the problems of eligible chil- with other agencies and entities that receive dren and youths, including needs and eligi- dren and youths relating to access to edu- assistance and administer programs under bility for programs and services (such as edu- cation and placement as described in such this subtitle. cational programs for gifted and talented plan. ‘‘(i) REPORT.—Not later than 4 years after students, children with disabilities, and stu- ‘‘(b) TECHNICAL ASSISTANCE.—The Sec- the date of enactment of the McKinney- dents with limited English proficiency, serv- retary shall provide support and technical Vento Homeless Education Assistance Im- ices provided under title I of the Elementary assistance to a State educational agency to provements Act of 2001, the Secretary shall and Secondary Education Act of 1965 or simi- assist such agency in carrying out its re- prepare and submit to the President and the lar State or local programs, programs in vo- sponsibilities under this subtitle, if re- Committee on Education and the Workforce cational and technical education, and school quested by the State educational agency. of the House of Representatives and the nutrition programs). ‘‘(c) NOTICE.—The Secretary shall, before Committee on Health, Education, Labor, and ‘‘(3) Professional development and other the next school year that begins after the Pensions of the Senate a report on the status activities for educators and pupil services date of enactment of the McKinney-Vento of education of eligible children and youths, personnel that are designed to heighten the Homeless Education Assistance Improve- which shall include information on— understanding and sensitivity of such per- ments Act of 2001, create and disseminate na- ‘‘(1) the education of eligible children and sonnel to the needs of eligible children and tionwide a public notice of the educational youths; and youths, the rights of such children and rights of eligible children and youths and ‘‘(2) the actions of the Secretary and the youths under this subtitle, and the specific disseminate such notice to other Federal effectiveness of the programs supported educational needs of foster, runaway, and el- agencies, programs, and grantees, including under this subtitle. igible children and youths. Head Start grantees, Health Care for the ‘‘SEC. 725. DEFINITIONS. ‘‘(4) The provision of referral services to el- Homeless grantees, Emergency Food and ‘‘For purposes of this subtitle: igible children and youths for medical, den- Shelter grantees, and homeless assistance ‘‘(1) The term ‘eligible children and youths’ tal, mental, and other health services. programs administered by the Department of includes— ‘‘(5) The provision of assistance to defray Housing and Urban Development. ‘‘(A) individuals who lack a fixed, regular, the excess cost of transportation for stu- ‘‘(d) EVALUATION AND DISSEMINATION.—The and adequate nighttime residence (within dents under section 722(g)(4)(A), not other- Secretary shall conduct evaluation and dis- the meaning of section 103(a)(1));

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10927 ‘‘(B)(i) children and youths who— (1) by striking ‘‘and’’ at the end of clause described in the preceding sentence shall be ‘‘(I) are sharing the housing of other per- (i); defined in regulation by the Secretary. A sons due to loss of housing, economic hard- (2) by redesignating clause (ii) as clause similar 3-year such cohort rate shall be used ship, or a similar reason; (iii); and for secondary schools with only 3 grades.’’. ‘‘(II) are living in motels, hotels, trailer (3) by inserting after clause (i) the fol- SEC. 512. DISTRICT WIDE HIGH SCHOOLS RE- parks, or camping grounds due to the lack of lowing new clause: FORM. alternative adequate accommodations; ‘‘(ii) shall determine adequate yearly (a) IN GENERAL.—Paragraph (1) of section ‘‘(III) are living in emergency or transi- progress using graduation rates of public sec- 1112(b) of the Elementary and Secondary tional shelters; ondary school students (measured separately Education Act of 1965 is amended— ‘‘(IV) are abandoned in hospitals; or for each group described in subparagraph (1) by striking ‘‘and’’ at the end of subpara- ‘‘(V) are awaiting foster care placement; (C)(v)); and’’. graph (P); ‘‘(ii) children and youths who have a pri- (2) by striking the period at the end of sub- (b) GOALS FOR INCREASING GRADUATION mary nighttime residence that is a public or paragraph (Q) and inserting ‘‘; and’’; and RATES FOR GROUPS OF STUDENTS.— private place not designed for or ordinarily (3) by adding at the end the following new (1) IN GENERAL.—Subparagraph (G) of sec- subparagraph: used as a regular sleeping accommodation tion 1111(b)(2) of such Act is amended— for human beings (within the meaning of sec- ‘‘(R) a description of the districtwide (A) by striking ‘‘and’’ at the end of clause school improvement plan (meeting the re- tion 103(a)(2)(C)); (iv); ‘‘(iii) children and youths who are living in quirements of paragraph (3)(B)) that the (B) by striking the period at the end of local educational agency will implement if cars, parks, public spaces, abandoned build- clause (v) and inserting ‘‘; and’’; and ings, substandard housing, bus or train sta- such agency is required by paragraph (3)(A) (C) by adding at the end the following new to implement such a plan as of the beginning tions, or similar settings; and clause: ‘‘(iv) migratory children (as such term is of any year.’’. ‘‘(vi) shall ensure each group of students defined in section 1309 of the Elementary and (b) REQUIREMENTS.—Subsection (b) of sec- described in subparagraph (C)(v) meets— tion 1112 of such Act is amended by adding at Secondary Education Act of 1965) who are the graduation rate for public secondary the end the following new paragraph: considered eligible for the purposes of this school students. ‘‘(3) DISTRICTWIDE SCHOOL IMPROVEMENT subtitle because the children are living in (2) SAFE HARBOR.—Clause (i) of section PLANS.— circumstances described in clauses (i) 1111(b)(2)(I) of such Act is amended to read as ‘‘(A) IN GENERAL.—A local educational through (iii); and follows: agency shall implement its districtwide ‘‘(C) children and youths in out-of-home ‘‘(i) each group of students described in school improvement plan as of the beginning care under the jurisdiction of the responsible subparagraph (C)(v) must meet or exceed the of any year if— public child welfare agency, including foster objectives set by the State under subpara- ‘‘(i)(I) at least 50 percent of the students care, kinship care, care in a group home, and graph (G), except that if any group described served by such agency are enrolled in sec- care in a child care institution. in subparagraph (C)(v) does not meet those ondary schools which did not make adequate ‘‘(2) The terms ‘enroll’ and ‘enrollment’ in- yearly progress (as set out in the State’s objectives in any particular year, the school clude attending classes and participating plan under section 1111(b)(2)) for the pre- shall be considered to have made adequate fully in school activities. ceding year; or ‘‘(3) The terms ‘local educational agency’ yearly progress if— ‘‘(II) at least 50 percent of the secondary and ‘State educational agency’ have the ‘‘(I) except in the case of the objectives de- schools served by such agency did not make meanings given such terms in section 9101 of scribed in subparagraph (G)(vi), the percent- such progress for such preceding year; and the Elementary and Secondary Education age of students in that group who did not ‘‘(ii) attendance rates at the secondary Act of 1965. meet or exceed the proficient level of aca- schools served by such agency that did not ‘‘(4) The term ‘parent or guardian’, used demic achievement on the State assessments make such progress for such preceding year, with respect to a child or youth in out-of- under paragraph (3) for that year decreased and the attendance rates of 8th grade stu- home care, means— by 10 percent of that percentage from the dents (or the highest grade before entering ‘‘(A) the person who is the birth or adop- preceding school year and that group made secondary school) who would otherwise enter tive parent or legal guardian of the child or progress on one or more of the academic in- such schools for such preceding year, are in youth, unless— dicators described in subparagraph (C)(vi) or the bottom quartile compared to all schools ‘‘(i) such person’s right to make edu- (vii); and served by such agency. cational decisions for the child or youth has ‘‘(II) in the case of the objectives described ‘‘(B) DISTRICTWIDE PLAN REQUIREMENTS.—A been terminated or suspended by a court; or in subparagraph (G)(vi)— districtwide school improvement program ‘‘(ii) the person cannot be identified or lo- ‘‘(aa) the school meets the objectives de- meets the requirements of this subparagraph cated after reasonable efforts, is not avail- scribed in subparagraph (G)(vi), or for any if— able with reasonable promptness to assist in school year prior to the school year which is ‘‘(i) the plan requires the local educational enrollment or placement decisions, or is not at the end of the timeline described in sub- agency, in determining the interventions acting in the best educational interests of paragraph (F), meets the intermediate goals necessary to improve achievement at sec- ondary schools served by the agency, to con- the child in enrollment or placement deci- for such objectives described in subparagraph (H); or sider— sions; or ‘‘(I) the status of schools in making ade- ‘‘(B) in a situation described in clause (i) or ‘‘(bb) there is less than a 5 percentage quate yearly progress (as set out in the point difference between the group described (ii) of subparagraph (A), a person appointed State’s plan under section 1111(b)(2)); by a court to make educational decisions for in subparagraph (C)(v) having the highest ‘‘(II) graduation rates (within the meaning the child or youth under this Act, after con- rate and the group so described having the of section 1111(b)(2)(C)(vi)) for each group de- sidering (in the case of a child or youth who lowest rate (except that students with dis- scribed in section 1111(b)(2)(C)(v); is eligible for services under the Individuals abilities who are not assessed against grade ‘‘(III) assessment results and attendance with Disabilities Education Act (20 U.S.C. level content standards shall not be taken rates for the highest grade at elementary 1400 et seq.)) whether the person considered into account in determining adequate yearly schools whose students attend such agency’s to be the parent of the child or youth for progress for public secondary school students secondary schools; and purposes of that Act should serve as the per- and public elementary school students); ‘‘(IV) the level of credit accumulation by son to make those educational decisions. and’’. students as of the end of the lowest grade in ‘‘(5) The term ‘Secretary’ means the Sec- (c) GRADUATION RATES DETERMINED USING secondary school; and retary of Education. 4-YEAR ADJUSTED COHORT RATE.—Subpara- ‘‘(ii) such plan requires the local edu- ‘‘(6) The term ‘State’ means each of the 50 graph (C) of section 1111(b)(2) of such Act is cational agency— States, the District of Columbia, and the amended— ‘‘(I) to focus on the secondary schools Commonwealth of Puerto Rico. (1) by striking ‘‘(defined as the percentage which resulted in meeting the requirement ‘‘(7) The term ‘unaccompanied youth’ in- of students who graduate from secondary of subparagraph (A)(i) in order to reduce the cludes a youth not in the physical custody of school with a regular diploma in the stand- number of students at those schools who do a parent or guardian. ard number of years)’’ in clause (vi); and not meet a proficient level of academic per- ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS. (2) by adding at the end the following new formance; ‘‘(II) to do a resource allocation analysis of ‘‘For the purpose of carrying out this sub- flush sentence: the needs of the secondary schools served by title, there are authorized to be appropriated ‘‘Graduation rates under clause (vi) shall be such agency with respect to staffing, profes- $150,000,000 for fiscal year 2008 and such sums determined using a 4-year adjusted cohort sional development, instruction, and student as may be necessary for each of the 4 suc- rate, which compares the number of students attendance and behavior; ceeding years .’’. enrolling in the 9th grade to the number of ‘‘(III) to develop a research-based plan SEC. 511. GRADUATION RATES. students who graduate from the 12th grade 4 which meets the requirements of subpara- (a) DISAGGREGATION OF GRADUATION RATES years later, controlling for students transfer- graph (C) to address— AND ELEMENTARY SCHOOL INDICATOR IN DE- ring to other schools and allowing for chil- ‘‘(aa) the instructional, curriculum, and TERMINING ADEQUATE YEARLY PROGRESS.— dren with disabilities and limited-English capacity needs of the local educational agen- Subparagraph (D) of section 1111(b)(2) of such proficient children to have additional time cy’s ability to assist secondary schools in in- Act is amended— to graduate. The period of additional time creasing achievement; and

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10928 CONGRESSIONAL RECORD — SENATE August 3, 2007 ‘‘(bb) the instructional needs of its schools; States will need to complete data systems administrators and staff; professional devel- ‘‘(IV) increase attendance and earned, on- within four years. If states already have data opment for teachers, administrators and time grade promotion; and systems meeting the necessary criteria or staff; the addition of temporary personnel to ‘‘(V) take steps designed to ensure students complete their systems in less than four continue school improvement; and reduced graduate from secondary school ready for years, their funds may be used for the devel- teaching schedules to permit limited num- college and the workplace. opment, enhancement and/or implementa- bers of teachers to act as mentors at their ‘‘(C) PLAN TO MEET INSTRUCTIONAL NEEDS.— tion of teacher and principal effectiveness school and/or at other Title I schools. A plan meets the requirements of this sub- and growth model programs. Up to one-third Grants for students in schools missing paragraph if the plan requires the local edu- of the funds appropriated for data systems AYP for two or more consecutive years with cational agency to consider— may go to regional state consortia. no available alternative public school op- ‘‘(i) ensuring alignment between the cur- Provide funds for states to implement tions, due to all the other schools failing to riculum used by the school district and State teacher and principal effectiveness evalua- make AYP within the school district or a standards; tions primarily through objective measures lack of room in other schools, to transfer to ‘‘(ii) the use of formative assessments; of student learning growth. Teachers not a public school outside of their district with ‘‘(iii) the use of data to improve instruc- rated as effective will receive professional the federal funds following the student. Stu- tion; development. After five years of continu- dents will need to be from low income fami- ‘‘(iv) the incorporation of staff-focused pro- ously being rated as ineffective, these teach- lies. Receiving schools will be public schools fessional development; ers would no longer be permitted to teach in within another nearby district agreeing to ‘‘(v) the hiring, placement, and distribu- Title I schools. accept students. Under this pilot program, tion of highly effective principals; States with a plan to measure teacher ef- the receiving district will receive funding, up ‘‘(vi) the hiring and distribution of highly fectiveness may adopt a growth model for ac- to $4000, for tuition, fees and transportation; effective teachers; and countability. Students will need to be on a safe harbor against missing AYP due to re- ‘‘(vii) the use of an extended school day trajectory toward proficiency in reading/lan- cent transfers (transferred students may be and school year. guage arts and math by 2014 and science by excluded from AYP calculation for their first ‘‘(D) PEER REVIEW BEFORE STATE AP- 2020. The growth model goals must be based year); and provided funds, up to $1000 per stu- PROVAL.—The State educational agency may on grade-level proficiency, with a limited ex- dent, for mentoring new students and for pa- approve a local educational agency’s plan ception for students with severe cognitive rental involvement programs. under this section only after— disabilities. States currently in the growth Require independent audits of space avail- ‘‘(i) considering the results of a peer review model pilot may continue in that pilot. ability for in-district transfers for school dis- of the districtwide school improvement plan Provide flexibility for schools and districts tricts containing schools in need of improve- referred to in paragraph (1)(R); and that actually demonstrate effectiveness by ‘‘(ii) consulting with State officials respon- ment. allowing them to opt out of the Highly sible for juvenile justice and alternative edu- Disaggregate graduation rate data and Qualified Teacher (HQT) provisions. These cation placements. work to close the achievement gap where schools and districts would also be able to subgroups are significantly falling behind. The State educational agency shall provide benefit from greater flexibility in their use Incorporate evidence-based intervention technical assistance to local educational of federal funds, as long as those funds still (also known as response to intervention) agencies in the development of such district- target students with the highest needs and models to increase the opportunity for all wide school improvement plans.’’. their states adopt or maintain rigorous students to meet challenging academic standards and assessments. States may achievement standards through early identi- ALL STUDENTS CAN ACHIEVE ACT apply to be permitted to increase from 50 fication. (Senators Lieberman-Landrieu-Coleman) percent to 100 percent the amount that may Elementary schools identified for school This legislation strives to improve the be transferred from other Titles into Title I improvement shall administer develop- quality and equality of our education sys- where they are making AYP and states have mental screens and assessments to incoming tem. A good education is the best way to a successfully peer-reviewed teacher and preschool and kindergarten. These screens help every child realize their American principal effectiveness program. and assessments will be used to plan for and dream. No Child Left Behind must adhere to Provides grant funds for innovative pro- improve instruction and needed services. the basic principle that each child can learn, grams to evaluate professional development Include principles of universal design for and that all children, no matter where they activities and to reform teacher compensa- learning to reduce barriers, provide appro- live in the country, are entitled to an edu- tion, assignment, and tenure policies. These priate supports and challenges, and maintain cation that prepares them to succeed in life. reforms may include better pay to better high achievement standards for all students, 1. Moving to student achievement growth and teachers and incentives for the best teachers including those with disabilities and English effective teachers to teach in high need schools. language learners. Enhance the Charter Schools Program to Teachers are the most important factor in 2. Closing the achievement gap permit schools under restructuring to close school and student achievement. This sec- This section takes steps to tackle the con- and reopen themselves as charters even if tion requires states to measure teacher and tinuing achievement gap in the country. It the addition of such schools would exceed principal effectiveness. An effective teacher addresses the situation where many students the State’s limit on the number of charter is one that can demonstrate learning in the do not get a good education simply because schools that may operate in the State, city, classroom. Funds are provided for states to of where they live. It promotes the notion county, or region. Preference is given under assess effectiveness primarily through objec- that education anywhere should prepare you the program to states that fund charter tive measures of student growth and achieve- for life everywhere. Among other things, this schools commensurate with their funding of ment (‘‘growth models’’), while allowing sec- section requires the equitable distribution of other public schools. ondary consideration of other factors includ- non-Federal funds within school districts; ing peer and principal evaluations. This leg- provides incentives for school professionals 3. Setting and achieving high American stand- islation requires and funds the development through teamwork in the poorest schools to ards of data systems to track individual student make the greatest improvements in student This section addresses the need to promote performance over time and to link that per- performance; provides funds for out-of-dis- rigorous standards and assessments of stu- formance to teachers, programs and services. trict transfers to public schools for students dent learning to ensure that students suc- States with adequate data systems and plans without viable alternatives; provide equi- ceed in life. Nothing in this section would for measuring effectiveness may use growth table funding and flexibility under the Char- interfere with local flexibility in how to models for determining Adequate Yearly ter School Program; and disaggregates grad- teach. The National Assessment Governing Progress (AYP). Schools that demonstrate uation rate data requiring the gap in gradua- Board, with local, state and national rep- teacher effectiveness will have greater flexi- tion rates to be closed. resentatives, is expanded with more business bilities to opt out of the Highly Qualified Components: leaders and teachers. They will develop Teacher requirements. States can also gain Require that Title I and non-Title I schools world-class voluntary American learning flexibilities in their use of federal funds as have an equitable distribution of non-Fed- standards and assessments in reading, math long as those funds principally still target eral funds. States will perform a needs as- and science while ensuring that the stand- students with the highest needs. sessment to identify disproportionate fund- ards and assessments are aligned with life, Components: ing. college and workplace readiness skills. Require and fund the development of state Provide a school-based rewards system States may choose to adopt these stand- longitudinal data systems, with common that recognizes the teamwork of teachers, ards and assessments. In return, they will re- data elements, to track student growth over administrators, counselors, librarians and ceive the assessments, including alternative time and to link student development to key media specialists, and other staff necessary assessments designed specifically for stu- items including teachers, programs and sup- to improve schools. Schools in the bottom dents with disabilities and English language plemental services. A portion of the funding third of income of Title I schools in the state learners, and the infrastructure for admin- is available for consortia of states to develop that show exemplary growth in student per- istering them. This will free these states to infrastructure and systems for multi-state formance will be eligible. Funding may be concentrate their education resources in use. used for non-recurring bonuses for teachers, other critical need areas. States may also

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10929 build their own assessments based upon the accurate portrayal of schools not meeting public secondary schools to work with teach- American learning standards or keep their Adequate Yearly Progress as states with ers and students. These adjunct teachers will existing rigorous standards and tests. State more schools under improvement will re- provide expertise and assistance to teachers standards and tests, however, will be com- ceive a larger share of funds. during their first year and in subsequent pared to the rigorous voluntary American Components: years will be held accountable under the standards. Schools with a majority of their students teacher effectiveness requirements. State leaders from higher education, missing AYP will follow an intensive pro- Given its importance to American com- schools, businesses and government will gram of attention. Supplemental Education petitiveness, science assessments already re- work, through P–16 Commissions, to align Services (SES) will be available in the sec- quired under No Child Left Behind will be standards, assessments and curriculum from ond year under improvement, one year ear- added to the accountability system with all preschool through college to ensure that lier than under the present law. Schools in students to be proficient by the 2019–2020 high school and college graduates have up- the final year of restructuring, limited to no school year. Successful models of math and to-date skills needed to succeed in life. more than 10 percent of schools, as deter- science partnerships expanded and rep- Components: mined by the state, within a given district in licated. Directs the National Assessment Gov- a single year, will have similar options to Support increased peer-reviewed research erning Board, where more business leaders, those existing now except that the option for and development on innovative approaches teachers and other representatives are ‘‘any other major restructuring of the to education and ways to improve learning added, to develop world-class voluntary school’s governance’’ is eliminated. to allow states, districts, schools and stu- American learning standards and assess- Schools missing AYP due to one or more dents to better meet the goals of No Child ments in reading, math and science in grades subgroups, but less than 50 percent of the Left Behind. 3–12. Alternate assessments will be developed student population, will go through a tar- Strengthen parental involvement in and for students with disabilities and English geted attention program to address the prob- notification by schools including having language learners. lem areas. This program will include identi- states designate an office or position respon- States may adopt the American standards fication of specific actions to address the sible for overseeing implementation of par- and tests, build their tests to the American subgroups in need. SES and school transfers ent involvement provisions. Parent Informa- standards, join standards and assessments are still offered as options for economically tion and Resource Centers will be integrated from regional consortia, or keep their cur- disadvantaged students failing to make AYP. into increased parental involvement plans. rent systems. The Secretary of Education AYP calculations by states will have lim- Amend the McKinney-Vento provisions to will report to the Congress and public annu- its on student thresholds, N-size no greater protect children in transition, including both ally on the variance between the rigor of than 20–30, and statistical confidence inter- children who lack a fixed, regular, and ade- state assessments and the Commission’s as- vals, no greater than 95 percent confidence. quate nighttime residence, and children who sessment. States may develop modified academic are in out of home care in the custody of the Require states to ensure that they have achievement standards and use alternate as- public child welfare agency. the standards, assessments and curriculum sessments based on those modified grade- Ms. LANDRIEU. Mr. President, today aligned to meet life, college and workplace level achievement standards for students needs, including critical thinking and prob- with persistent academic disabilities for up I rise to discuss the All Students Can lem solving skills, from preschool to college, to 1 percent of students tested (down from Achieve Act that I am introducing through P–16 Commissions. These Commis- current regulations of 2 percent). School dis- today with Senators LIEBERMAN and sions, headed by the Governor or the Gov- tricts showing strong evidence of a signifi- COLEMAN. ernor’s designee, will also address ways that cantly larger percentage of students than I was proud to have been a part of de- economically disadvantaged students, stu- the national average with disabilities within veloping the No Child Left Behind leg- dents from each major racial and ethnic the district or an individual school, perhaps islation 5 years ago, which made group, students with disabilities, and due to a facility focusing on students with strides in holding schools accountable English language learners will increase their disabilities, may apply to the state to use a success in postsecondary education. higher percentage. States may also use alter- and drawing attention to the students 4. Improvements to accountability nate assessments based on alternate achieve- who had fallen between the cracks. Senators LIEBERMAN, COLEMAN, and I This section distinguishes those schools ment standards for students with the most needing intensive interventions, i.e. schools significant cognitive disabilities for up to 1 have come together to build upon the with a majority of students missing AYP, percent of students tested. successes of No Child Left Behind, to Expand, from two to three years, the from schools missing AYP for less than half improve it, and to help our Nation’s amount of time English language learners the student population. This division per- schools take the next step to help all of may be included in AYP calculations after mits more resources to be directed to those our students to achieve and to succeed. they become proficient and exit the sub- schools with pervasive problems while other group. Louisiana has made great progress in schools concentrate on improving learning Substantially increase funding for the its standards and accountability, now for specific subgroups or within particular School Improvement Grants program while ranking number one in the Nation. areas of need. This change also alleviates a linking the federal distribution of additional common criticism that a single subgroup, es- However, of the more than 650,000 stu- funds to the number of schools under im- pecially students with disabilities, will sin- dents in Louisiana, many are not meet- provement. This provides incentives for a gle-handedly move a school into restruc- ing academic achievement goals. We more accurate portrayal of schools not meet- turing. need to help all of our students meet ing Adequate Yearly Progress as states with The vague restructuring option that per- more schools under improvement will re- and exceed achievement expectations. mitted ‘‘any other major restructuring of ceive a larger share. The All Students Can Achieve Act fo- the school’s governance’’ is eliminated while 5. Enhancing learning cuses on the achievements of all stu- a limit is provided on the percentage of dents. Recognizing that quality data schools required to implement comprehen- There are various other ways to support sive restructuring within a single school dis- enhancements to student learning and systems are crucial to measuring the trict in a given year. This legislation ad- achievement including making it easier to progress of student achievement, we dresses modified and alternative achieve- access SES services and providing ways to have included a requirement to estab- ment standards and related assessments for better inform and involve parents. Innova- lish data systems and provided funding students with disabilities and provides more tive approaches to education and successful authorizations and incentives to sup- time in AYP calculations for students innovations by charters need to be provided port the development of such systems. exiting the English language learner sub- for use in schools. States and districts suc- In order to ensure that all students are group. Schools and districts will be held cessful at meeting AYP and at measuring achieving, states must create com- more accountable for students with disabil- teacher effectiveness should have greater ities and English language learners by plac- flexibility in transferring funds to the most prehensive data systems that track ing upper limits on the minimum number of critical areas they have within No Child Left students’ academic progress and other students that need to make up a subgroup. It Behind. factors that affect their success. also limits the practice of using very wide Components: One of the most important factors in statistical error ranges when determining Districts that permit other non-school-af- school and student achievement is success. filiated entities to use school facilities will teachers. The quality of teachers Funding school improvements continues to need to offer, with limitations, space in should be determined by their effect on be a critical need. This legislation increases schools for private providers of SES services. students’ learning, not just their quali- the authorization for the School Improve- Permit multi-district cooperatives for ad- ment Grants program and distributes new ministering SES programs and services. fications. All students should have ef- funds to states according to the number of Authorize grants for an Adjunct Teacher fective teachers. Thus, these data sys- schools they have under improvement. This Corps program to bring math, science and tems must link student achievement distribution provides incentives for a more critical foreign language professionals into data to teachers, allowing states to

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10930 CONGRESSIONAL RECORD — SENATE August 3, 2007 measure teacher effectiveness. In addi- ensure that they do not fall through and implement the data systems our tion, this bill requires the equitable the cracks. We hope that by giving State would need to move to such a distribution of effective teachers and them access to the services and protec- model. non-federal funding. tions of McKinney-Vento, their schools Our bill also addresses something I States should be held accountable for will become a safe and permanent place have been particularly focused on—en- student achievement. However, stu- in their lives. suring that the next generation has the dents do not progress at the same pace. Public education is important to math, science and foreign language Louisiana has recognized this and has Senators LIEBERMAN, COLEMAN, and skills needed to be competitive in an incorporated growth labels in its ac- me. We want our Nation’s children to increasingly globalized economy. As countability system. Louisiana looks be prepared to compete and succeed countries like China or India develop at the level of growth achieved by a once they graduate. We need to im- increasingly skilled workforces, we school and each school’s success in prove our schools and hold them ac- must ensure that American students do meeting its growth targets. The All countable for the achievement of all not fall behind in these critical and Students Can Achieve Act allows students. Though there has been much highly relevant fields. Our legislation states to use growth models in calcu- discussion about No Child Left Behind adds a science assessment to the ac- lating adequate yearly progress. It al- Act, there has been little action toward countability system and gives States lows states the flexibility to measure the reauthorization of this law. We the option to bring in qualified science, student academic growth, rather than have heard from our constituents math, and foreign language practi- strictly looking at test scores. about the parts of NCLB that work and tioners to assist teachers and students. We must have high expectations for the parts that do not work for our stu- Another concern I hear in Minnesota all students. To ensure that all elemen- dents at home. Through a nationwide is that a school can be, in effect, penal- tary though secondary school students, public process, the Aspen Institute has ized because a group of new immi- regardless of where they live, are pre- generated concrete, actionable rec- grants does not test as well as long- pared for success in college or the ommendations that will improve time students. The All Students Can workplace, states must set high expec- schools for the Nation’s children. We Achieve Act will replace the current tations for all students. Academic wanted to take this opportunity to all-or-nothing approach with a system standards must be designed to prepare help begin the process of improving that makes a distinction between students to succeed and assessments this law. We have come together to schools that need comprehensive inter- must be effective tools to measure stu- take a bipartisan approach to improv- ventions, versus those that need more dents’ progress toward meeting these ing the education of all students. We focused help. In other words, while cur- standards. In addition, we need to con- have pulled together the proposals that rent law groups all low performing tinue to properly measure the achieve- we think will best serve our students schools together regardless of how ment of all students. Thus, this bill and improve public education in Amer- many students miss adequate yearly will close current loopholes in the law ica. We want people to actively discuss progress, our legislation offers a more that allow states to avoid counting our proposal. We hope that people will targeted approach, sending additional students or skew achievement data. support what we have done or build resources toward schools with perva- The All Students Can Achieve Act upon it. sive problems, while allowing schools aims to close the achievement gap. Mr. COLEMAN. Mr. President, today that just have one or more low per- States need to focus resources on clos- I rise with my colleagues Senators JOE forming subgroups to focus on closing ing the achievement gap. This includes LIEBERMAN and MARY LANDRIEU to in- the achievement gap with that par- directing their attention to com- troduce the All Students Can Achieve ticular group. prehensive interventions where more Act of 2007, ASCA, legislation aimed at A final aspect of our legislation is than 50% of students are not making improving the current No Child Left that it would change the way teachers Adequate Yearly Progress (AYP) or fo- Behind law. are evaluated. Currently under No cused interventions where less than As a parent and a legislator, improv- Child Left Behind, good teachers have 50% of students are not making AYP. ing our Nation’s education system has to jump through a number of bureau- The All Students Can Achieve Act in- been a top priority for me. Several cratic hoops to demonstrate on paper creases the amount of funding author- years ago, we passed the No Child Left that they are ‘‘qualified’’ experts in the ized for these interventions and focuses Behind Act to bring accountability to subjects they teach. I understand this support where the need is greatest. our Nation’s learning system. While has been a serious burden particularly Another important measure of aca- this bill was a step in the right direc- in rural communities, where very good demic achievement is high school grad- tion, Minnesota’s educators have teachers provide instruction in more uation rates, which should be tracked voiced their concerns over an overly re- than one subject. I also know as a par- and reported for all groups of students. strictive system that still leaves stu- ent, that a teacher’s resume may or High school graduation rates are an dents behind. The All Students Can may not reflect their actual abilities in important measure of academic Achieve Act will change that by giving the classroom. That is why our legisla- achievement, but they must be cal- flexibility to each State and school tion provides States with new flexi- culated consistently and accurately. without diminishing school account- bility in the ways they rate and reward Like other assessments, these rates ability. excellent teachers. should be tracked and reported for all One of the best features of our legis- At its core, No Child Left Behind is groups of students. Nearly 1.2 million lation is that it will allow States to about closing the achievement gap. We students did not graduate from Amer- measure individual student growth still have a long way to go, recent data ican high schools in 2006; the lost life- over time instead of relying on, and shows that still only 13 percent of Afri- time earnings in America for that class teaching for, one test administered on can American and 19 percent of His- of dropouts alone totals more than $309 one day. Measuring a student’s growth panic 4th graders scored at or above billion. over time benefits both students and the proficient level on the National As- The All Students Can Achieve Act teachers because it recognizes that stu- sessment of Educational Progress also increases focus on and support for dents have different starting points mathematics test, compared to 47 per- high need students. For example, we and acknowledges their individual cent of their white peers. By measuring have also included foster children and progress. This approach will free teach- teacher effectiveness, school quality, youth. There are over 800,000 foster ers from the burden of teaching for one and student learning, our legislation children and youth. They face many of high-stakes test, while still giving par- will help reduce this unacceptable dis- the same challenges as homeless chil- ents the assurances they need that parity in America today. dren and youth. They go through nu- their children are learning in a high Our bipartisan legislation is based on merous changes in where they live and quality atmosphere. Minnesota has recommendations from a panel of ex- go to school. They lack stability and been trying for some time to move to perts, and has been endorsed by some permanency. Thus, we have added them this ‘‘growth model’’ of evaluation and leading educators. However, we know it to the McKinney-Vento Act, in order to our bill provides the funding to develop is just the beginning of a conversation

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10931 about how and where to add flexibility State. It is very much in Utah’s inter- There being no objection, the mate- to the No Child Left Behind law. As we ests, and in our country’s interests, to rial was ordered to be placed in the move forward, I welcome the advice of make sure that REITs continue to RECORD, as follows: teachers, parents, and administrators work effectively and efficiently to REIT INVESTMENT DIVERSIFICATION AND on how best to help all students carry out the mission which Congress EMPOWERMENT ACT OF 2007 achieve. intended. SECTION-BY-SECTION DESCRIPTION As my colleagues know, Utah is The REIT Investment Diversification and By Mr. HATCH (for himself, Mr. known as the ‘‘Beehive State’’, a testa- Empowerment Act of 2007 (RIDEA) includes SALAZAR, Mr. SMITH, and Mr. ment to the hard work and industrious- the following provisions to help modernize KERRY): ness of its residents. REITs have prov- the tax rules governing Real Estate Invest- S. 2002. A bill to amend the Internal en again and again to be a particularly ment Trusts to permit REITs to better meet Revenue Code of 1986 to simplify cer- the challenges of evolving market conditions effective means through which Utahns and opportunities: tain provisions applicable to real es- can utilize those attributes, and aggre- Title I: Foreign currency and other qualified ac- tate investment trusts, and for other gate needed capital, to create the purposes; to the Committee on Fi- tivities thriving real estate sector which is es- Title I addresses one specific issue and also nance. sential to our State’s economic well Mr. HATCH: Mr. President, I rise equips the IRS to handle similar interpreta- being. tive matters in the future without the need today to introduce the REIT Invest- Towards that end, I am pleased to re- ment Diversification and Empower- of legislation. port that REITs now account for well As globalization has accelerated in the ment Act of 2007, legislation which over a $1 billion of property in Utah past decade, REITs, as with other businesses, would make several important revi- alone, and afford an opportunity for have followed their customers abroad and sions to the current tax law governing many investors in my State to have an have accessed new opportunities in Canada, real estate investment trusts, or Mexico, Europe and Asia. The issue that ownership stake in those properties in REITs. I am particularly pleased to be Title I resolves is how foreign currency gains their communities. This is not an aber- joined by my good friend, the distin- a REIT earns should be treated under the ration. I believe that my colleagues guished senator from Colorado, Sen- REIT income and asset tests. For example, if will find a similarly impressive amount a REIT buys a shopping center in England ator SALAZAR, in sponsoring this bipar- of REIT investment in their home for a million pounds, operates it for ten tisan legislation. I am also very happy States as well. years and then sells it for a million pounds, that Senators SMITH and KERRY are I am also pleased to report, that, in that sale produces no gain (assuming that joining us as original cosponsors. capital expenditures equal the tax deprecia- The development of real estate in- an era when companies must compete successfully on a global scale, our Na- tion accruing during that period). If during vestment trusts is among the true suc- that 10-year period the U.S. dollar has de- cess stories of American business. tion’s REITs have grown to be leaders clined compared to the English pound, U.S. Moreover, REIT legislation enacted in international real estate markets, tax law says that the appreciation of the over the past 47 years presents a re- and our REIT laws are proving to be a pounds when they are converted back to dol- markable example of how Congress can model for other countries around the lars is a separate gain. Until recently, it create the legal framework to liberate globe. In fact, much of the bill I am in- wasn’t clear how that currency gain should be treated under the REIT tax tests. entrepreneurs, small investors, and troducing today is necessitated by the growing international presence of our In May, 2007, the IRS released Revenue hard working men and women across Ruling 2007–33 and Notice 2007–42 to clarify the country to do what they do best— domestic REITs. The international ex- that in the overwhelming majority of cases a create wealth and, more importantly, pansion of real estate investment REIT’s foreign currency gains earned while build thriving communities. trusts is something that could not have operating its real estate business qualify as When REITs were first created in been contemplated when the first REIT ‘‘good income’’ under the REIT rules. Title I 1960, small investors had almost no role laws were enacted decades ago. essentially reaches the same result on a in commercial real estate ventures. At The bill we are introducing today is more direct basis and also provides some that time, private partnerships and based on S. 4030, which I introduced to- conforming changes in other parts of the ward the end of the 109 Congress, and is REIT rules. other groups closed to ordinary inves- Although the recent guidance was wel- tors directed real estate investments, very similar to H.R. 1147, which was in- come, it took the IRS about four years to typically using debt, not equity, to fi- troduced in the House this year. I note issue it because of questions about the ex- nance their ventures. That model not that H.R. 1147 enjoys the bipartisan tent of the government’s regulatory author- only served small investors poorly, it sponsorship of more than two-thirds of ity in the area. To prevent similar delays in resulted in the misallocation of cap- the House Ways and Means Committee, the future, Title I clearly provides the Sec- ital, and contributed to significant and I hope that more of my colleagues retary of the Treasury with the authority to market volatility. on the Finance Committee will join us determine what items of income can be Since that time, REITs have per- in supporting this bill. treated either as ‘‘good income’’ or dis- Further, I am grateful that the dis- regarded for purposes of the REIT income mitted small investors to participate tests. Under this authority, it is expected in one of our country’s greatest genera- tinguished Chairman of the Finance that, for example, the IRS would conclude tors of wealth, income producing real Committee stated at our recent mark- that dividend-like items such as Subpart F estate, and REITs have greatly im- up of the Senate energy tax package deemed dividends and PFIC income would be proved real estate markets by pro- that he was aware of my efforts to pass treated in the same manner as dividends for moting transparency, liquidity, and REIT reform legislation this year, and purposes of the 95 percent gross income test. stability. The growth in REITs has that he and his staff ‘‘will continue to Further, the IRS could convert many of its rulings it issued to individual taxpayers into been particularly dramatic and bene- work with Senator GRASSLEY and you, public guidance, which could be a more effi- Senator HATCH, to find a tax bill later ficial in the past 15 years, as capital cient use of its resources. this year in which to include this pro- markets responded to a series of Title II: Taxable REIT subsidiaries changes in the tax rules that modern- posal.’’ I urge my colleagues to review this In 1999, Congress materially changed the ized the original 1960 REIT legislation REIT rules to allow a REIT to own up to 20 to adjust it to new realities of the mar- bill and lend their support to it. In a percent of its assets in securities of one or ketplace. small but important way, it will help more taxable REIT subsidiaries. The premise I am proud of my role in sponsoring Americans to better invest for their is straight-forward: a REIT should be able to legislation that included many of these savings and retirement. I hope we can engage in activities outside of the scope of changes that modernized the REIT move this straightforward, bipartisan renting and financing real estate as per- rules, and I remain committed to mak- legislation through as quickly as pos- mitted by the REIT rules with a single level ing every effort to ensure that the peo- sible. of tax, but only if the subsidiary is subject to I ask unanimous consent that a sec- a separate level of tax. ple of Utah and across our Nation con- These ‘‘TRS’’ rules have worked quite well. tinue to benefit from a dynamic and in- tion-by-section description of the REIT REITs have been able to use their real estate novative REIT sector. Investment Diversification and Em- expertise in a number of ways not available I have seen first hand what REITs powerment Act be included in the under the REIT rules so long as they sub- have done for communities across my RECORD. jected their profits from these activities to a

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10932 CONGRESSIONAL RECORD — SENATE August 3, 2007 corporate level of tax, as well as the share- Title V: Foreign REITs Federal agencies recognize the value holder level of tax once those profits are dis- Since imitation is the sincerest form of of older workers, as witnessed by the tributed to the REIT and its shareholders. flattery, Congress should be proud that fact that nearly 4,500 retirees have Further, the IRS study on TRSs mandated about 20 countries have enacted legislation been allowed to return to full-time by the 1999 law shows that TRSs formed after paralleling the U.S. REIT rules after observ- the bill was enacted are generating a sub- ing the benefits brought to the United States work on a waiver basis. stantial and increasing amount of tax reve- as a result of a vibrant REIT market. Just Agencies could make use of even nues. this year, Germany, Italy and the United more Federal annuitants for short- Since both the main asset and income tests Kingdom enacted REIT laws, and Canada term projects or part-time work, but are set at 75 percent, the dividing line nor- codified its long-standing trust rules to for a disincentive embedded in current mally used to demarcate between REIT and adopt U.S.-like REIT tests. Although the tax law. non-REIT activities is 25 percent. RIDEA code treats stock in a U.S. REIT as a real es- Title 5 of the United States Code cur- would conform to this dividing line by in- tate asset, so that it is a qualified asset that rently mandates that annuitants who generates qualifying income, current law creasing the limit on TRS size from 20 per- return to work for the Federal Govern- cent to 25 percent of a REIT’s assets, thereby does not afford the same treatment to the subjecting even more activities conducted by stock of non-U.S. REITs. ment must have their salary reduced a REIT to two levels of tax. Because of the many tests designed to by the amount of their annuity during focus a REIT on commercial real estate, Title III: Dealer sales the period of reemployment. The bill I since the original 1960 REIT law a stock in- introduce today with the welcome co- Congress has always wanted REITs to in- terest in a U.S. REIT is treated as real estate sponsorship of Senators WARNER and vest in real estate on behalf of their share- when owned by another U.S. REIT. This pro- holders for the long term. Since the late vision would extend this treatment to a U.S. VOINOVICH would provide a limited but 1970s, the mechanism to carry out these pur- REIT’s ownership in foreign REITs to the ex- vital measure of relief to agencies who poses has been a 100 percent excise tax on a tent that the Treasury Department con- could benefit from the skills and REIT’s gain from so-called ‘‘dealer sales’’. cludes that the rules or market requirements knowledge of Federal retirees. It pro- Because the 100 percent tax is so severe, Con- in another country are comparable to the vides a limited opportunity for Federal gress created a safe harbor under which a basic tenets defining a U.S. REIT. agencies to reemploy retirees without REIT can be certain that it is not acting as By Ms. COLLINS (for herself, Mr. requiring them to take pay cuts based a dealer (and therefore not subject to the ex- on their annuity payment. cise tax) if it meets a series of objective WARNER, and Mr. VOINOVICH): tests. This provision would update two of S. 2003. A bill to facilitate the part- This simple but powerful reform is a these safe harbor requirements. time reemployment of annuitants, and priority item for the Federal Office of The current safe harbor requires a REIT to for other purposes; to the Committee Personnel Management. As OPM Direc- own property for at least four years. This is on Homeland Security and Govern- tor Linda Springer has said, ‘‘Modi- simply too long a time in today’s market- mental Affairs. fying the rules to bring talented retir- place. Further, four years departs too much Ms. COLLINS. Mr. President, I rise ees back to the Government on a part- from the most common time requirement for to introduce Senate Bill 2003, a meas- time basis without penalizing their an- long-term investment—the one-year holding ure that will enhance the Federal Gov- nuity would allow Federal agencies to period for an individual’s long-term capital rehire recently retired employees to gains. Accordingly, this provision uses a ernment’s ability to perform its duties more realistic two-year threshold. capably and economically as it faces a assist with short-term projects, fill Another test under the dealer sales safe wave of retirement of highly experi- critical skill gaps and train the next harbor restricts the amount of real estate as- enced Federal employees. generation of Federal employees.’’ sets a REIT can sell in any taxable year to When we think about the coming de- Organizations endorsing the reform 10 percent of its portfolio. Current law meas- mographic shock of millions of baby contemplated in my bill include the ures the 10 percent level by reference to the boomers reaching retirement age, we National Active and Retired Federal REIT’s tax basis in its assets. H.R. 1147 in- usually focus on the cash-flow implica- Employees Association, the Federal stead would measure the 10 percent level by tions for the Social Security and Medi- Managers Association, the Partnership using fair market value. To allow a REIT to care programs. But their aging will for Public Service, and the Council for maximize its sales under the safe harbor (and also have a profound effect on the Fed- thereby generating more economic activity), Excellence in Government. RIDEA would allow a REIT to choose either eral workforce. I would note two important points method for any given year. Presumably, the On average, retirements from the about the bill. IRS would develop instructions on Form Federal workforce have exceeded 50,000 First, it will not materially affect 1120–REIT allowing a REIT to declare which a year for a decade. The numbers will the necessary flow of younger workers method it selected when it files its tax re- certainly rise in the near future. The into Federal agencies. The bill con- turn for the year in which the sales occur. Office of Personnel Management cal- templates reemployment for part-time Title IV: Health care REITs culates that 60 percent of the current or project work of not more than 520 In 1999, Congress allowed a REIT to rent Federal workforce, whose civilian com- hours in the first 6 months following lodging facilities to its taxable REIT sub- ponent approaches 3 million people, the start of annuity payments, not sidiary (TRS) while treating the rental pay- will be eligible to retire during the more than 1,040 hours in any 12-month ments from the TRS as income that qualifies coming 10 years. period, and not more than 6,240 hours under the REIT income tests so long as the Federal agencies, which already must total for the annuitant’s lifetime. In rents were in line with rents from unrelated hire more than 250,000 new employees terms of 8-hour days, those figures are third parties. Simultaneously, it required each year, will need to work hard to re- equivalent to 65, 130, and 780 days, re- that the TRS use an independent contractor place those retirees, as the private sec- spectively. to manage or operate the lodging facilities. tor and State and local governments These limits will give agencies flexi- These complex rules were adopted because will be facing the same problem and hotel management companies did not want bility in assigning retirees to limited- competing for qualified replacements. to assume the leasing risk inherent in lodg- time or limited-scope projects, includ- ing facilities but rather wanted to be com- The baby boom retirement wave will have another impact. It will cause a ing mentoring and collaboration, with- pensated purely for operating the facilities. out evading or undermining the waiver A similar situation has arisen with regard sudden acceleration in the loss of accu- to health care properties such as assisted liv- mulated skills and mentoring capabili- requirement for substantial or full- ing facilities. Operators that now lease such ties that experienced workers uniquely time employment. of annuitants. facilities would rather have a REIT (through possess. I would also note that this bill gives its TRS) assume any leasing risk and instead Human-resources research has re- no cause for concern about financial be hired purely to operate the facilities. Ac- peatedly shown that, in general, older impact. Reemployed annuitants would cordingly, this provision would extend the workers equal or outperform younger be performing work that the agencies exception made in 1999 for lodging facilities workers in organizational knowledge, needed to do in any case, but would not to health care facilities. This change should ability to work independently, com- require any additional contributions to make it easier for health care facilities to be pension or savings plans. Meanwhile, provided to senior citizens and others in need mitment, productivity, flexibility, and of such services. As with the current rules mentoring ability. their retiree health and life insurance for lodging facilities, a TRS would continue Making good use of their talents is, benefits would be costs unaffected by to need an independent contractor to man- therefore, not charity. It is common their part-time work. Even without age or operate health care facilities. sense and sound management. making any allowance for the positive

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10933 effects of their organizational knowl- that ban smoking in restaurants and norities. Tobacco companies have also edge, commitment, productivity, and bars, Americans of all age groups are placed advertising in community publi- mentoring potential, their reemploy- involuntarily exposed to tobacco cations and sponsored cultural events ment is likely to produce net savings. smoke through exposure in workplaces, in racial and ethnic minority commu- This measure offers benefits for Fed- homes, cars, apartments, and even out- nities. eral agencies, for Federal retirees who door public spaces. According to the Despite the public’s growing under- would welcome the opportunity to per- National Cancer Institute, racial and standing of the health dangers posed by form part-time work, and for tax- ethnic minorities in the U.S. have tobacco, too many still succumb to the payers. I urge my colleagues to support higher rates of occupational exposure lure of these deadly products. Accord- it. to secondhand smoke, with Latinos and ing to the Centers for Disease Control Native Americans having the highest and Prevention, over 20 percent of By Mrs. CLINTON (for herself, rates. adults currently smoke cigarettes in Mr. SANDERS, and Mrs. MUR- Therefore, it is critical that individ- the U.S. Among racial and ethnic com- RAY): uals, especially youth, should not be munities, approximately 16 percent of S. 2005. A bill to amend the Public exposed to secondhand smoke. Further, Hispanic adults, 13 percent of Asian Health Service Act to provide edu- parents should have access to informa- American adults, 22 percent of Cauca- cation on the health consequences of tion about the adverse health con- sians adults, 22 percent of African exposure to secondhand smoke, and for sequences so that they can better pro- American adults, and 32 percent of other purposes; to the Committee on tect their children and themselves American Indians and Alaska Natives Health, Education, Labor, and Pen- from secondhand smoke. currently smoke cigarettes. sions. Education about the dangers of to- As for our Nation’s youth, a 2005 Na- Mrs. CLINTON. Mr. President, today, bacco use and exposure to tobacco tional Survey on Drug Use and Health I am introducing the Secondhand smoke is absolutely critical for com- reported that nearly 3 million Ameri- Smoke Education and Outreach Act of bating the misleading messages that cans under the age of 18 currently 2007 to provide information to the pub- the tobacco industry propagates smoke cigarettes. According to the lic about the health consequences of through savvy advertising campaigns. CDC, unless current rates of youth secondhand smoke and support tobacco There is strong evidence that tobacco smoking are reversed, more than 6.3 cessation education. advertisements cynically target adver- million children under the age of 18 I want to thank Senators SANDERS tising to adult and adolescent women. will die from smoking-related diseases. and MURRAY for cosponsoring the Sec- According to an analysis published by That is why health care professionals ondhand Smoke Education and Out- the Journal of the American Medical should have the opportunity to receive reach Act and recognize them as strong Association in 1994 and a 2001 report by training in the delivery of evidence- advocates for smoking cessation ef- the Surgeon General, the tobacco in- based tobacco dependence and preven- forts. dustry has targeted women with some tion treatment in order to assist smok- I believe that tobacco use constitutes form of this dangerous promotional ers in overcoming their addiction and one of the greatest threats to public strategy for almost a century, begin- educating all patients about the harm health, a conclusion that was also ex- ning in the 1920s. The latest example of of secondhand smoke. pressed in the 2000 Supreme Court rul- this is chronicled in a recent New York That is why I, along with Senators ing, and I also believe that we have a Times editorial, entitled ‘‘Don’t Fall SANDERS and MURRAY, am introducing duty to safeguard our Nation’s health for Hot Pink Camels’’, which discusses the Secondhand Smoke Education and against tobacco products. R.J. Reynolds’s $25 million to $50 mil- Outreach Act. I am grateful to have de- Every year, an estimated 400,000 lion investment in an advertising cam- veloped this proposal with the Amer- smokers die as a result of smoking-re- paign behind the new female-friendly ican Lung Association, the American lated diseases. But nonsmokers also Camel No. 9. Cancer Society, the American Heart suffer and die from exposure to tobacco In addition to targeting women, to- Association, and the Campaign for To- smoke. bacco advertisements are also designed bacco Free Kids. Last year, the Surgeon General to appeal to our youth. In the August This bill, through education and out- issued the report, The Health Con- 2006 racketeering suit brought by the reach, will help reverse the public’s sequences of Involuntary Exposure to Justice Department against the to- underestimation of the harm that sec- Tobacco Smoke, which found that bacco industry, Judge Kessler’s Final ondhand smoke can wreck on one’s there is no risk-free level of exposure Opinion concluded that: ‘‘. . . Defend- health and will promote smoking ces- to secondhand smoke. The Surgeon ants continue to engage in many prac- sation efforts across our nation. General reported that nearly half of all tices which target youth, and deny This new legislation would establish nonsmoking Americans are still regu- that they do so. Despite the provisions grants and demonstration projects, larly exposed to secondhand smoke, of the MSA, Defendants continue to awarded by the Secretary of HHS in which contains more than 50 carcino- track youth behavior and preferences consultation with the SAMHSA admin- gens. and market to youth using imagery istrator, for educating the public about Living with a smoker increases a which appeals to the needs and desires the health consequences of secondhand non-smoker’s risk of developing lung of adolescents.’’ This is an unconscion- smoke in multi-unit dwellings and in cancer by 20 to 30 percent and, accord- able, but effective, practice. A study public spaces, such as public parks, ing to the California Environmental published this year in the Archives of playgrounds, and national parks. Spe- Protection Agency, exposure to second- Pediatrics and Adolescent Medicine cial consideration would be given to hand smoke causes approximately 3,000 concluded that youth are more likely awarding grants to organizations lung cancer deaths in the U.S. each to start smoking if exposed to retail whose participation includes secondary year. Secondhand smoke also causes cigarette advertising and that ciga- school or college-age individuals, and 46,000 cardiac deaths annually in our rette promotions also increase the to organizations that reach racial or country. probability of youth becoming regular ethnic populations that experience a Studies have shown that exposure to smokers. disproportionate share of the cancer secondhand smoke has both immediate Finally, racial and ethnic minority burden. and long-term adverse health con- communities are disproportionately The Secondhand Smoke Education sequences on the adult cardiovascular targeted with advertising campaigns and Outreach Act would also authorize system. Exposure to secondhand smoke for tobacco products, according to the and fund grants for regional or local for 30 minutes can damage coronary ar- U.S. Department of Health and Human tobacco cessation education and coun- teries, while sustained exposure can in- Services. The tobacco industry has seling for health care workers and pro- crease the risk of coronary heart dis- contributed to primary and secondary viders. The training curricula would ease by 20 to 30 percent. schools, funded universities and col- assist smokers in quitting through Although more than 20 States have leges, and supported scholarship pro- smoking cessation counseling, educate passed smoke-free laws, including laws grams targeting racial and ethnic mi- smokers and nonsmokers about the

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10934 CONGRESSIONAL RECORD — SENATE August 3, 2007 health consequences of secondhand CAMPAIGN FOR TOBACCO-FREE KIDS, The 2006 Surgeon General’s Report on The smoke, and help promote self-sus- Washington, DC, August 2, 2007. Health Consequences of Involuntary Expo- taining networks for the delivery of af- Hon. HILLARY R. CLINTON, sure to Tobacco Smoke documents that: fordable, accessible, and effective ces- U.S. Senate, There is no risk-free level of exposure to sec- Washington, DC. sation services. ondhand smoke; Children exposed to second- DEAR SENATOR CLINTON: The Campaign for hand smoke are at an increased risk for sud- The U.S. spends more on health care Tobacco Free Kids strongly supports your den infant death syndrome (SIDS), low than any other industrialized nation legislation, ‘‘Secondhand Smoke Education birthweights, acute respiratory infections, and yet we struggle to provide ade- and Outreach Act.’’ As stated by former Sur- ear problems and more severe asthma; Par- quate health care for all our citizens. geon General Richard Carmona, ‘‘The debate ents who smoke cause respiratory symptoms is over. The science is clear. Secondhand We literally cannot afford the myriad and slow lung growth in their children; Ex- smoke is not a mere annoyance but a serious posure to secondhand smoke leads to an in- of health problems that we know result health hazard.’’ This legislation will provide from tobacco use: bladder, esophageal, creased risk for lung cancer and cardio- timely and accessible educational programs vascular disease and death; Nonsmokers liv- laryngeal, lung, oral, and throat can- concerning secondhand smoke along with ing with a smoker have a 20 to 30 percent in- funds to train health professionals to help cers, chronic lung diseases, coronary creased risk of lung cancer and a 25 to 30 per- more Americans quit smoking. heart and cardiovascular diseases, as cent increased risk for coronary heart dis- well as reproductive effects and sudden The ‘‘Secondhand Smoke Education and Outreach Act’’ will fund much needed edu- ease. infant death syndrome. cational campaigns about the dangers of sec- We look forward to working with you to The Secondhand Smoke Education ondhand smoke in the workplace and in secure passage of this important legislation and Outreach Act is an important step multi-unit housing. These campaigns will by the 110th Congress. in ensuring that our nation’s commu- promote greater awareness on the health Sincerely, nities have the knowledge they need to consequences of smoking and secondhand Daniel E. Smith, keep themselves and their environ- smoke and will encourage more communities President ments healthy, and I look forward to to go smokefree. WENDY K. SELIG, The mission of the Campaign for Tobacco Vice President, Legis- working with my colleagues to enact Free Kids is to reduce the harm associated lative Affairs. this legislation during the upcoming with smoking and exposure to tobacco reauthorization of the Substance Abuse smoke, preventing children from using to- and Mental Health Services Adminis- bacco, and helping adults to end their to- AUGUST 1, 2007. bacco use. Your initiative will help further Hon. HILLARY R. CLINTON, tration at the Department of Health U.S. Senate, and Human Services. these goals by promoting awareness of the harms of secondhand smoke and ways to pre- Washington, DC. I ask unanimous consent that letters vent exposure to it and by supporting peo- DEAR SENATOR CLINTON: The American of support be printed in the RECORD. ple’s efforts to quit smoking and improve Lung Association strongly supports your There being no objection, the mate- their quality of life. Secondhand Smoke Education and Outreach rial was ordered to be placed in the This initiative is consistent with your Act. Despite the irrefutable scientific evi- demonstrated commitment to helping pro- RECORD, as follows: dence that secondhand smoke kills, people of tect our nation’s children from the harms as- every age are exposed to tobacco smoke in AMERICAN HEART ASSOCIATION, sociated with tobacco use. Your support of the workplace, at home and in other public AMERICAN STROKE ASSOCIATION, re-authorization of the State Children’s spaces. This legislation will provide acces- August 2, 2007. Health Insurance Program which is funded sible educational programs concerning sec- Hon. HILLARY RODHAM CLINTON, by an increase in the excise tax on all to- ondhand smoke and smoking cessation in Russell Senate Building, bacco products (a proven measure to deter Washington, DC. order to effectively reduce secondhand kids from smoking) and your recent vote in smoke exposure and promote lung health DEAR SENATOR CLINTON: The American the Senate Health Education Labor and Pen- among Americans. Heart Association, on behalf of our more sions Committee to give the Food and Drug than 22 million volunteers and supporters, Administration the authority to regulate to- In June of 2006, the U.S. Surgeon General strongly endorses the Secondhand Smoke bacco products and advertising clearly dem- issued The Health Consequences of Involun- Education and Outreach Act of 2007. If en- onstrates your strong support for reducing tary Exposure to Tobacco Smoke, which con- acted, this legislation would provide Federal the harms of tobacco in this country. cluded that there is no risk-free level of ex- funds to educate the public about the health The Campaign for Tobacco Free Kids ap- posure to secondhand smoke. Even short ex- consequences of secondhand smoke and cre- plauds your leadership on tobacco prevention posure to secondhand smoke can decrease ate tobacco cessation education and coun- efforts and we look forward to working with coronary flow and increase the risk of a seling programs. you to move your Secondhand Smoke Edu- heart attack in adults; additionally, in chil- Secondhand smoke causes death and dis- cation and Outreach Act forward. dren, the risk of developing acute res- ease in children and adults who do not Sincerely, piratory infections or asthma is elevated. choose to smoke. The 2006 Surgeon General’s WILLIAM V. CORR, However, despite this conclusive scientific Report The Health Consequences of Involun- Executive Director. evidence, more education is needed to com- tary Exposure to Tobacco Smoke found that municate the dangers of secondhand smoke. AMERICAN CANCER SOCIETY, there is no safe level of secondhand smoke. The Secondhand Smoke Education and Secondhand smoke has immediate adverse CANCER ACTION NETWORK, Washington, DC, August 1, 2007. Outreach Act will fund much needed edu- effects on the cardiovascular system, in- cational campaigns about the dangers of sec- creasing the risk of coronary heart disease Hon. HILLARY CLINTON, U. S. Senate, ondhand smoke in the workplace and in by 25 to 30 percent. An estimated 35,052 non- multi-unit housing. These campaigns will smokers die each year as a result of exposure Washington, DC. DEAR SENATOR CLINTON: The American promote awareness on the health con- to environmental tobacco smoke. Cancer Society Cancer Action NetworkSM sequences of smoking and secondhand smoke Secondhand smoke has a particularly ad- (ACS CAN) is pleased to endorse the Second- and promote lung health among the public. verse effect on children’s health. An esti- hand Smoke Education and Outreach Act of The legislation will also authorize grants to mated 150,000–300,000 children younger than 2007. This legislation would make federal health care workers and providers for to- 18 months of age have respiratory tract in- funds available for public education cam- bacco cessation education. fections due to exposure to secondhand paigns on the dangers of secondhand smoke smoke. The educational campaigns and dem- The mission of the American Lung Asso- and the consequences of secondhand smoke ciation is to prevent lung disease and pro- onstration projects about the health effects in public spaces, as well as fund grants for of secondhand smoke in multi-unit housing mote lung health. The Secondhand Smoke tobacco cessation education and counseling. Education and Outreach Act will do both by and public spaces that would be funded by There are devastating health consequences promoting secondhand smoke awareness and the Secondhand Smoke Education and Out- directly attributable to secondhand smoke: supporting people’s efforts to quit smoking reach Act of 2007 would give particular em- Secondhand smoke causes between 35,000 and and enhance their lives. phasis to programs that would include sec- 40,000 deaths from heart disease every year; ondary school and college-age individuals. 3,000 otherwise healthy nonsmokers will die The American Lung Association looks for- We applaud you for your leadership and of lung cancer annually because of their ex- ward to working with you to see the Second- look forward to working with you to advance posure to secondhand smoke; The total an- hand Smoke Education and Outreach Act en- this vitally important legislation. nual costs of secondhand smoke exposure are acted into law. Sincerely, estimated to be at least $5 billion in direct Sincerely, SUE A. NELSON, medical costs and at least $5 billion in indi- BERNADETTE A. TOOMEY, Vice President, Federal Advocacy. rect costs. President and CEO.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10935 THE CITY OF WHITE PLAINS, has already administered 1,212 loans for loans. These opportunities include refi- YOUTH BUREAU, 2007 and nationwide, the program has nancing to pay for a first or second White Plains, New York, July 31, 2007. administered 27,643 loans. While the purchase mortgage, for repairs to Senator HILLARY RODHAM CLINTON, program does cost the taxpayer ap- structural deficiencies, to pay for clos- Russell Building Suite 476, U.S. Senate, Wash- ington, DC. proximately $42 million a year, it ad- ing costs, and allow a borrower to con- Re: Second hand Smoke Education ministers over $3 billion in loans a solidate debts up to the greater of DEAR SENATOR CLINTON: The White Plains year. Let me repeat that again, for $42 $10,000 or 10 percent. Youth Bureau is writing this letter in sup- million a year, our Government is able The 502 program is an excellent pro- port of the Bill you are introducing to amend to provide $3 billion in loans a year to gram that has helped many individuals the Public Health Service Act to provide low-income families to become home- and families afford to purchase a clean, education on the health consequences of ex- affordable home that increases their posure to second hand smoke, and for other owners. The risk extremely low. In purposes. 2006, the 502 program has a foreclosure quality of life. I want to expand this Studies conducted by various health orga- rate of 1.36 percent. Again, I applaud program and allow more opportunities nizations, as well as the Surgeon General the success of our Government to pro- for low-income rural Americans to be- have documented that there are more than vide this much-needed help to rural come homeowners. This is a good bill 60 million young children still being involun- Americans. and I look forward to working with my tarily exposed to second hand smoke. Al- Some might ask why should the Fed- colleagues to make this bill a reality. though the passage of laws such as the Clean eral Government help low-income fam- Indoor Air Act, and other laws passed by in- By Mr. BROWN (for himself and dividual states, have made significant reduc- ilies become homeowners? The answer tions to smoking rates, involuntary exposure is simple. Homeownership provides fi- Mr. VOINOVICH): to second hand smoke continues to effect the nancial advantages to owners and to S. 2013. A bill to initially apply the health of our most vulnerable population— their communities. Individuals who required use of tamper-resistant pre- our children. Exposure to second hand smoke own homes have an investment, of scription pads under the Medicaid Pro- in outdoor public spaces as well as in multi gram to schedule II narcotic drugs and unit housing complexes continues to be a those that own homes, on average, one- half of the equity in their homes is to delay the application of the require- significant health risk factor. ment to other prescription drugs for 18 This bi1l is designed to address these very one-half of their net worth. Home- problems by providing support for increased owners enjoy tax benefits and they also months; to the Committee on Finance. education about the dangers of second hand enjoy financial stability if they are Mr. BROWN. Mr. President, I am in- smoke exposure. Research has proven that locked into a permanent interest rate. troducing legislation today that would continuous education does make a dif- Communities also benefit, those that delay for 18 months the requirement ference. Additionally, the support for in- that doctors write Medicaid prescrip- creased training of health professionals will have a high percentage of homeowner- ship see increased involvement with tions on tamper-resistant paper. I am help educate parents and other adults about pleased that my colleague and friend, the need to protect vulnerable segment of the community and with the local Mr. VOINOVICH, has agreed to cosponsor our population from involuntary exposure to schools. second hand smoke. Also, maybe most importantly, this important bill. Let me place the bill in context. The We commend you and your staff for taking homeownership by low-income house- Iraq supplemental signed into law 2 the initiative in putting together this impor- holds is linked to a child’s educational tant Bill that will definitely help to improve months ago requires all Medicaid pre- advancement and future success. the health outcomes for many of our young scriptions to be written on tamper-re- people as well as continue the battle against My HOME Act will build upon the success of the 502 program and update sistant paper effective October 1, 2007. the unscrupulous practices of the tobacco in- It is important to understand what dustry. the program to reflect current condi- tamper-resistant prescribing does and Sincerely Yours, tions. In some instances, this law does not do. LINDA PUOPLO, hasn’t been updated in nearly 30 years. First, what it does not do. Deputy Director. The HOME Act will do five things. Tamper-resistant prescribing does First, it will increase the qualifying in- By Ms. LANDRIEU: not help prevent medication errors, come limits for families and set out a S. 2008. A bill to reform the single which occur when a provider writes the three-tiered level of income standard family housing loan guarantee program wrong prescription, a pharmacist dis- instead of the current eight tiered under the Housing Act of 1949; to the penses the wrong medicine, or a pa- standard. The first tier will be for fam- Committee on Banking, Housing, and tient takes the wrong dose of a medi- ilies that have one to four individuals, Urban Affairs. cine. Ms. LANDRIEU. Mr. President, I rise the second tier is established for fami- Tamper-resistant prescribing does, today to introduce the Home Owner- lies of 5 to 8 persons and the third tier however, help prevent fraud. ship Made Easier Act, or the HOME is for families larger than eight. Tamper-resistant paper is intended Act. This bill will revitalize our Na- The second change will affect the to prevent the fraudulent modification tion’s rural communities by making it qualifying population limit. Currently, of prescriptions, particularly prescrip- easier to become a homeowner and to the population limit is tied to commu- tions for opiates and other narcotics. provide opportunities to refinance high nities of 10,000 or less in an areas con- It is a worthy goal, and one we interest and subprime loans. tained within a standard metropolitan should pursue. Our country has provided many ex- statistical area, MSA, and commu- But the October 1, 2007, implementa- cellent opportunities over the years to nities less than 20,000 if they are not tion date simply isn’t realistic. individuals living in rural areas to be- contained within a MSA. My HOME More time is needed to inform physi- come a homeowner. One of these pro- Act will expand the qualifying popu- cians and pharmacists about these new grams is what is commonly referred to lation limit to encompass rural com- requirements and make sure that phy- as the 502 program administered by the munities of 40,000 or less. sicians across America have tamper-re- U.S. Department of Agriculture. This HOME Act legislation will maintain sistant pads in their offices. program administers guaranteed loans the guaranteed fee that an applicant is If we don’t delay the requirement, to low-income families that are backed required to pay at 2 percent, instead of come October 1 pharmacists through- by the U.S. Government. Families raising the fee to 3 percent. This is to out our Nation will face an impossible must be able to show that they are keep costs low for the borrower. It will situation. without adequate housing and not ex- also reduce the redtape involved by al- The pharmacist can turn the bene- ceed certain income limits. Currently, lowing an applicant that qualifies for a ficiary away since they are not going these loans last 30 years and do not re- 502 loan to receive that loan regardless to be paid if they seek payment for a quire a down payment, however the ap- of whether or not the applicant can Medicaid prescription that is not writ- plicant must be able to afford mort- qualify for another Federal Govern- ten on tamper proof paper. Or they can gage payments, including taxes, and in- ment housing loan. go ahead and fill it and hope they don’t surance. Finally, my bill will provide opportu- get sued. I applaud the success of the 502 pro- nities for individuals inside and outside And what about the Medicaid bene- gram. In Louisiana alone, the program the 502 program to refinance their ficiary who needs to fill a prescription?

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10936 CONGRESSIONAL RECORD — SENATE August 3, 2007 What about the financial integrity of ing years. Scientific evidence suggests ka Native subsistence communities in Medicaid itself? that as the world’s climate changes, the Arctic. And, of course, consistent Let us say a Medicaid beneficiary ocean temperature regimes may shift with the President’s October 2006 needs insulin. and cause many fish stocks to colonize Memorandum on Promoting Sustain- How much work does she miss and new habitats in the Arctic Ocean. able Fisheries and Ending Destructive what is the additional cost to Medicaid Similarly, fishing vessels may gain Fishing Practices, this resolution calls if, in order to fill her prescription, this greater access to previously inhos- on the United States to support inter- beneficiary must: 1. go to her doctor pitable areas of the Arctic. national efforts to halt the expansion for a prescription; 2. go to her local Taken together, these potential of commercial fisheries on the high pharmacy, which is forced to turn her shifts may create favorable conditions seas of the Arctic Ocean until effective away; 3. go to the emergency room in for expanding commercial fisheries in international agreements are enforced. the hopes she can get a temporary sup- the United States, Russia, Canada, On behalf of Alaska’s subsistence and ply; 4. go back to her doctor for a tam- Norway, Denmark, and other nations commercial fishing communities and per-resistant prescription; and 5. go that have access to the remote arctic the organizations that work to sustain back to her pharmacy for her medi- waters. our fisheries, I thank the many cospon- cine? Having seen the fish stock declines sors of this resolution for sharing our If you give the health care sector that come when multiple nations tar- great concern for sound fisheries man- enough time to prepare for the tamper- get the same stocks without effective agement. proof requirement, that requirement coordinated management, it is vital Mr. President, I ask unanimous con- will improve the public health and re- that these nations work together to sent that the bill be printed in the duce Medicaid costs. prevent this outcome. RECORD. Implemented prematurely, and the Given the benefit of foresight and our There being no objection, the text of equation flips, Medicaid wastes dollars ability to anticipate the need for inter- the bill was ordered to be placed in the national fisheries management sys- on needless doctor and hospital visits, RECORD, as follows: and Medicaid beneficiaries suffer the tems in the Arctic, we must now begin consequences of unfilled prescriptions. the process of creating such a system S. JOINT RES. 17 Providing more time to ensure before commercial fisheries become Whereas the decline of several commer- smooth implementation of the tamper- firmly established there. cially valuable fish stocks throughout the resistant prescribing requirement is The North Pacific Regional Fisheries world’s oceans highlights the need for fishing Management Council, the body that nations to conserve fish stocks and develop the smart thing to do and the right management systems that promote fisheries thing to do. It is the right thing to do manages U.S. fisheries in the North Pa- sustainability; for Medicaid beneficiaries, for commu- cific, recognizes the need to develop an Whereas fish stocks are migratory nity pharmacies, and for U.S. tax- effective management plan for Arctic throughout their habitats, and changing payers. Ocean fishing before significant fishing ocean conditions can restructure marine On behalf of all of these constitu- activity occurs. In June 2007, the coun- habitats and redistribute the species depend- encies, we should send this legislation cil approved a proposal to close all ent on those habitats; to the President’s desk as soon as pos- Federal waters in the Arctic Ocean to Whereas changing global climate regimes sible. fishing until they develop and imple- may increase ocean water temperature, cre- ment a fisheries management plan. ating suitable new habitats in areas pre- viously too cold to support certain fish By Mr. STEVENS (for himself, This action should serve as a signal to stocks, such as the Arctic Ocean; Mr. INOUYE, Ms. CANTWELL, Ms. the rest of the United States and to all Whereas habitat expansion and migration SNOWE, Ms. MURKOWSKI, Mr. nations interested in Arctic Ocean fish- of fish stocks into the Arctic Ocean and the SUNUNU, Mr. COCHRAN, Mr. ing that sound conservation and man- potential for vessel docking and navigation KERRY, Ms. COLLINS, Mrs. MUR- agement plans should be our top pri- in the Arctic Ocean could create conditions RAY, and Mrs. BOXER): ority before moving forward to develop favorable for establishing and expanding S.J. Res. 17. A joint resolution direct- commercial fisheries there. commercial fisheries in the future; ing the United States to initiate inter- This Senate joint resolution builds Whereas commercial fishing has occurred national discussions and take nec- upon the efforts of the North Pacific in several regions of the Arctic Ocean, in- cluding the Barents Sea, Kara Sea, Beaufort essary steps with other Nations to ne- Regional Fisheries Management Coun- Sea, Chukchi Sea, and Greenland Sea, al- gotiate an agreement for managing mi- cil and takes it a step further by call- though fisheries scientists have only limited gratory and transboundary fish stocks ing on the United States to lead inter- data on current and projected future fish in the Arctic Ocean; to the Committee national efforts to develop inter- stock abundance and distribution patterns on Foreign Relations. national fisheries management agree- throughout the Arctic Ocean; Mr. STEVENS. Mr. President, I am ments for the Arctic Ocean. Such Whereas remote indigenous communities pleased to introduce a Senate joint res- agreements should promote manage- in all nations that border the Arctic Ocean olution directing the United States to ment systems for member nations that engage in limited, small scale subsistence initiate efforts with other Nations to fishing and must maintain access to and sus- emphasize science-based limits on har- tainability of this fishing in order to survive; negotiate international agreements for vests, timely and accurate reporting of Whereas many of these communities de- managing migratory and trans- catch-and-trade data, equitable alloca- pend on a variety of other marine life for so- boundary fish stocks in the Arctic tion and access systems, and effective cial, cultural and subsistence purposes, in- Ocean. As we have seen in far too many monitoring and enforcement. These cluding marine mammals and seabirds that cases around the world, fish stocks can fisheries management principles are may be adversely affected by climate easily become depleted when the inter- consistent with the Magnuson-Stevens change, and emerging fisheries in the Arctic national community fails to develop ef- Fishery Conservation and Management should take into account the social, eco- fective, science based agreements for Amendments Act that was enacted last nomic, cultural and subsistence needs of these small coastal communities; conserving and managing shared fish January and the United Nations Fish Whereas managing for fisheries sustain- stocks. The goal of this resolution is to Stocks Agreement. Such principles are ability requires that all commercial fishing ensure that we do not repeat that same vital for preventing proliferation of il- be conducted in accordance with science- mistake with any commercial fisheries legal, unreported, and unregulated— based limits on harvest, timely and accurate that develop in the Arctic Ocean. what we call IUU—fishing which unfor- reporting of catch data, equitable allocation In many ways, the Arctic Ocean is tunately continues to plague and un- and access systems, and effective monitoring the final frontier into which the dermine other international fisheries. and enforcement systems; world’s commercial fisheries may ex- This resolution contains other impor- Whereas migratory fish stocks traverse pand. Currently, industrial fishing in tant provisions as well. While negoti- international boundaries between the exclu- sive economic zones of fishing nations and this ocean has been limited by the dis- ating any agreements for the arctic the high seas, and ensuring sustainability of tribution of fish habitat and the short fisheries, the United States should con- fisheries targeting these stocks requires duration of favorable fishing condi- sult with the North Pacific Regional management systems based on international tions, but that may change in the com- Fishery Management Council and Alas- coordination and cooperation;

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10937 Whereas international fishing treaties and Whereas the word ‘‘Diwali’’ is a shortened Whereas a television report in recent years agreements provide a framework for estab- version of the Sanskrit term ‘‘Deepavali’’, showed students in a state-run school in lishing rules to guide sustainable fishing ac- which means ‘‘a row of lamps’’; FYROM still being taught that parts of tivities among those nations that are parties Whereas Diwali is a festival of lights, dur- Greece, including Greek Macedonia, are to the agreement, and regional fisheries ing which celebrants light small oil lamps, rightfully part of FYROM; management organizations provide inter- place them around the home, and pray for Whereas some textbooks, including the national fora for implementing these agree- health, knowledge, and peace; Military Academy textbook published in 2004 ments and facilitating international co- Whereas celebrants of Diwali believe that by the Military Academy ‘‘General Mihailo operation and collaboration; the rows of lamps symbolize the light within Apostolski’’ in the FYROM capital city, con- Whereas under its authorities in the Mag- the individual that rids the soul of the dark- tain maps showing that a ‘‘Greater Mac- nuson-Stevens Fishery Conservation and ness of ignorance; edonia’’ extends many miles south into Management Act, the North Pacific Fishery Whereas Diwali falls on the last day of the Greece to Mount Olympus and miles east to Management Council has proposed that the last month in the lunar calendar and is cele- Mount Pirin in Bulgaria; United States close all Federal waters in the brated as a day of thanksgiving and the be- Whereas, in direct contradiction of the Chukchi and Beaufort Seas to commercial ginning of the new year for many Hindus; spirit of the United Nations Interim Accord’s fishing until a fisheries management plan is Whereas for Hindus, Diwali is a celebration section ‘‘A’’, entitled ‘‘Friendly Relations fully developed; and of the victory of good over evil; and Confidence Building Measures’’, which Whereas future commercial fishing and Whereas for Sikhs, Diwali is feted as the attempts to eliminate challenges regarding fisheries management activities in the Arc- day that the sixth founding Sikh Guru, or re- ‘‘historic and cultural patrimony’’, the Gov- tic Ocean should be developed through a co- vered teacher, Guru Hargobind, was released ernment of FYROM recently renamed the ordinated international framework, as pro- from captivity by the Mughal Emperor capital city’s international airport ‘‘Alex- vided by international treaties or regional Jehangir; and ander the Great Airport’’; fisheries management organizations, and Whereas for Jains, Diwali marks the anni- Whereas the aforementioned acts con- this framework should be implemented be- versary of the attainment of moksha, or lib- stitute a breach of FYROM’s international fore significant commercial fishing activity eration, by Mahavira, the last of the obligations deriving from the spirit of the expands to the high seas: Now, therefore, be Tirthankaras (the great teachers of Jain United Nations Interim Accord, which pro- it dharma), at the end of his life in 527 B.C.: vide that FYROM should abstain from any Resolved, by the Senate and the House of Now, therefore, be it form of ‘‘propaganda’’ against Greece’s his- Representatives in Congress assembled That— Resolved, That the Senate— torical or cultural heritage; (1) the United States should initiate inter- (1) recognizes the religious and historical Whereas such acts are not compatible with national discussions and take necessary significance of the festival of Diwali; and Article 10 of the United Nations Interim Ac- steps with other Arctic nations to negotiate (2) requests the President to issue a procla- cord, which calls for ‘‘improving under- an agreement or agreements for managing mation recognizing Diwali. standing and good neighbourly relations’’, as well as with European standards and values migratory, transboundary, and straddling f fish stocks in the Arctic Ocean and estab- endorsed by European Union member-states; lishing a new international fisheries man- SENATE RESOLUTION 300—EX- and Whereas this information, like that ex- agement organization or organizations for PRESSING THE SENSE OF THE posed in the media report and elsewhere, the region; SENATE THAT THE FORMER being used contrary to the United Nations (2) the agreement or agreements nego- YUGOSLAV REPUBLIC OF MAC- Interim Accord instills hostility and a ra- tiated pursuant to paragraph (1) should con- EDONIA (FYROM) SHOULD STOP tionale for irredentism in portions of the form to the requirements of the United Na- THE UTILIZATION OF MATE- population of FYROM toward Greece and the tions Fish Stocks Agreement and contain RIALS THAT VIOLATE PROVI- history of Greece: Now, therefore, be it mechanisms, inter alia, for establishing SIONS OF THE UNITED NATIONS- Resolved, That the Senate— catch and bycatch limits, harvest alloca- (1) urges the Former Yugoslav Republic of tions, observers, monitoring, data collection BROKERED INTERIM AGREE- MENT BETWEEN FYROM AND Macedonia (FYROM) to observe its obliga- and reporting, enforcement, and other ele- tions under Article 7 of the 1995 United Na- ments necessary for sustaining future Arctic GREECE REGARDING ‘‘HOSTILE tions-brokered Interim Accord, which directs fish stocks; ACTIVITIES OR PROPAGANDA’’ the parties to ‘‘promptly take effective (3) as international fisheries agreements AND SHOULD WORK WITH THE measures to prohibit hostile activities or are negotiated and implemented, the United UNITED NATIONS AND GREECE propaganda by state-controlled agencies and States should consult with the North Pacific TO ACHIEVE LONGSTANDING to discourage acts by private entities likely Regional Fishery Management Council and UNITED STATES AND UNITED to incite violence, hatred or hostility’’ and Alaska Native subsistence communities of review the contents of textbooks, maps, and the Arctic; and NATIONS POLICY GOALS OF FINDING A MUTUALLY-ACCEPT- teaching aids to ensure that such tools are (4) until the agreement or agreements ne- stating accurate information; and gotiated pursuant to paragraph (1) come into ABLE OFFICIAL NAME FOR (2) urges FYROM to work with Greece force and measures consistent with the FYROM within the framework of the United Nations United Nations Fish Stocks Agreement are Mr. MENENDEZ (for himself, Ms. process to achieve longstanding United in effect, the United States should support States and United Nations policy goals by international efforts to halt the expansion of SNOWE and Mr. OBAMA) submitted the following resolution; which was re- reaching a mutually-acceptable official commercial fishing activities in the high name for FYROM. seas of the Arctic Ocean. ferred to the Committee on Foreign Relations: f f S. RES. 300 SENATE RESOLUTION 301—RECOG- SUBMITTED RESOLUTIONS Whereas, on April 8, 1993, the United Na- NIZING THE 50TH ANNIVERSARY tions General Assembly admitted as a mem- OF THE DESEGREGATION OF LIT- ber the Former Yugoslav Republic of Mac- TLE ROCK CENTRAL HIGH SENATE RESOLUTION 299—RECOG- edonia (FYROM), under the name the SCHOOL, ONE OF THE MOST SIG- NIZING THE RELIGIOUS AND HIS- ‘‘Former Yugoslav Republic of Macedonia’’; NIFICANT EVENTS IN THE AMER- TORICAL SIGNIFICANCE OF THE Whereas United Nations Security Council Resolution 817 (1993) states that the dispute ICAN CIVIL RIGHTS MOVEMENT FESTIVAL OF DIWALI over the name must be resolved to maintain Mrs. LINCOLN (for herself and Mr. Mr. MENENDEZ (for himself and Mr. peaceful relations between Greece and PRYOR) submitted the following resolu- CORNYN) submitted the following reso- FYROM; tion; which was referred to the Com- lution; which was referred to the Com- Whereas, on September 13, 1995, Greece and mittee on the Judiciary: mittee on the Judiciary: FYROM signed a United Nations-brokered Interim Accord that, among other things, S. RES. 301 S. RES. 299 commits them to not ‘‘support claims to any Whereas the landmark 1954 Supreme Court Whereas Diwali, a festival of great signifi- part of the territory of the other party or decision in Brown v. Board of Education of cance to Indian Americans and South Asian claims for a change of their existing fron- Topeka established that racial segregation Americans, is celebrated annually by Hindus, tiers’’; in public schools violated the Constitution of Sikhs, and Jains throughout the United Whereas a pre-eminent goal of the United the United States; States; Nations Interim Accord was to stop FYROM Whereas, in September 1957, 9 African- Whereas there are nearly 2,000,000 Hindus from utilizing, since its admittance to the American students (Minnijean Brown, Eliza- in the United States, approximately 1,250,000 United Nations in 1993, what the Accord calls beth Eckford, Ernest Green, Thelma of which are of Indian and South Asian ori- ‘‘propaganda’’, including in school text- Mothershed, Melba Pattillo, Gloria Ray, Ter- gin; books; rence Roberts, Jefferson Thomas, and

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10938 CONGRESSIONAL RECORD — SENATE August 3, 2007 Carlotta Walls), known as the ‘‘Little Rock (3) On October 6, 2002, the Central Intel- mass destruction for the purpose of an Nine’’, became the first African-American ligence Agency advised the White House to unprovoked, offensive attack, including— students at Little Rock Central High School; remove references to Iraq seeking uranium (A) on August 26, 2002, Vice President Rich- Whereas the Little Rock Nine displayed from Africa from a Presidential speech, cit- ard B. Cheney stated that ‘‘. . . there is no tremendous strength, determination, and ing weak evidence. doubt that Saddam Hussein now has weapons courage despite enduring verbal and physical (4) In November 2002, the United States of mass destruction. There is no doubt he is abuse; Government told the International Atomic amassing them to use against our friends, Whereas Little Rock Central High School Energy Association that ‘‘reporting on Iraqi against our allies, and against us.’’; was listed in the National Register of His- attempts to procure uranium from Africa are (B) on August 26, 2002, Vice President Rich- toric Places on August 19, 1977, and was des- fragmentary at best.’’. ard B. Cheney stated that ‘‘[t]hese are not ignated a National Historic Landmark on (5) On March 7, 2003, the Director General weapons for the purpose of defending Iraq; May 20, 1982; of the International Atomic Energy Associa- these are offensive weapons for the purpose tion reported to the United Nations Security Whereas, on November 6, 1998, Congress es- of inflicting death on a massive scale, devel- Council that inspectors had found ‘‘no evi- tablished the Little Rock Central High oped so that Saddam can hold the threat dence or plausible indication of the revival School National Historic Site in the State of over the head of anyone he chooses, in his of a nuclear weapons program in Iraq.’’. Arkansas (Public Law 105–356), which is ad- own region or beyond.’’; and ministered in partnership with the National (6) On March 11, 2003, the Central Intel- ligence Agency stated that it did not dispute (C) on October 2, 2002, President George W. Park Service, the Little Rock Public School Bush stated that ‘‘On its present course, the System, the City of Little Rock, and other the International Atomic Energy Associa- Iraqi regime is a threat of unique urgency. entities; tion conclusions that the documents on We know the treacherous history of the re- Whereas, in 2007, Little Rock Central High Iraq’s agreement to buy uranium from Niger gime. It has waged a war against its neigh- School and the Little Rock Central High were not authentic. bors, it has sponsored and sheltered terror- School Integration 50th Anniversary Com- (7) President George W. Bush and Vice ists, it has developed weapons of mass death, mission will host events to commemorate President Richard B. Cheney overstated the the 50th anniversary of the Little Rock Nine nature and urgency of the threat posed by it has used them against innocent men, entering Little Rock Central High School; Saddam Hussein by making repeated, un- women and children. We know the designs of Whereas these events will include the qualified assertions about an Iraqi nuclear the Iraqi regime.’’. opening of a new visitors’ center and mu- program that were not supported by avail- (c) SADDAM’S ALLEGED LINKS TO AL QAEDA able intelligence, including— seum, which will feature exhibits on the Lit- AND 9/11.—The Senate finds the following: (A) on March 22, 2002, President George W. tle Rock Nine and the road to desegregation; (1) Before the war, the Central Intelligence Bush stated that ‘‘[Saddam] is a dangerous and Agency assessed that ‘‘Saddam has viewed man who possesses the world’s most dan- Whereas Little Rock Central High School Islamic extremists operating inside Iraq as a continues to be regarded as one of the best gerous weapons.’’; (B) on August 26, 2002, Vice President Rich- threat, and his regime since its inception has public high schools in the United States, arrested and executed members of both Shia with students scoring above the national av- ard B. Cheney stated that ‘‘[m]any of us are convinced that Saddam will acquire nuclear and Sunni groups to disrupt their organiza- erage on the ACT, PSAT, and PLAN tests weapons fairly soon.’’; tions and limit their influence,’’ that ‘‘Sad- and receiving an average of $3,000,000 in aca- (C) on September 8, 2002, Vice President dam Hussain and Usama bin Laden are far demic scholarships each year: Now, there- Richard B. Cheney stated that ‘‘[w]e do from being natural partners,’’ and that as- fore, be it know, with absolute certainty, that he is sessments about Iraqi links to al Qaeda rest Resolved, That the Senate— using his procurement system to acquire the on ‘‘a body of fragmented, conflicting report- (1) recognizes the extraordinary bravery equipment he needs in order to enrich ura- ing from sources of varying reliability.’’. and courage of the Little Rock Nine, who nium to build a nuclear weapon.’’; (2) President George W. Bush and Vice helped expand opportunity and equality in (D) on September 20, 2002, Vice President President Richard B. Cheney overstated the public education in Arkansas and through- Richard B. Cheney stated that ‘‘we now have threat posed by Saddam Hussein by making out the United States by becoming the first irrefutable evidence that he has once again unqualified assertions that were not sup- African-American students at Little Rock set up and reconstituted his program, to ported by available intelligence linking Sad- Central High School; take uranium, to enrich it to sufficiently dam Hussein to the September 11, 2001, ter- (2) commemorates the 50th anniversary of high grade, so that it will function as the the desegregation of Little Rock Central rorist attacks and stating that Saddam Hus- base material as a nuclear weapon.’’; sein and al Qaeda had a relationship and that High School, one of the most significant (E) on October 7, 2002, President George W. events in the American civil rights move- Saddam Hussein would provide al Qaeda with Bush stated that ‘‘[f]acing clear evidence of weapons of mass destruction for purposes of ment; peril, we cannot wait for the final proof—the (3) encourages all people of the United an offensive attack against the United smoking gun—that could come in the form of States, including— States to reflect on the importance of this a mushroom cloud.’’; event; and (A) on September 25, 2002, President George (F) on December 31, 2002, President George W. Bush stated that ‘‘[Y]ou can’t distinguish (4) acknowledges that continued efforts W. Bush stated that ‘‘[w]e don’t know wheth- and resources should be directed to enable between al Qa’ida and Saddam when you talk er or not [Saddam] has a nuclear weapon.’’; about the war on terror.’’; all children to achieve equal opportunity in (G) on January 28, 2003, President George (B) on September 26, 2002, President George education in the United States. W. Bush stated that ‘‘[t]he British govern- W. Bush stated that ‘‘[t]he dangers we face f ment has learned that Saddam Hussein re- will only worsen from month to month and cently sought significant quantities of ura- from year to year . . . Each passing day SENATE RESOLUTION 302—CEN- nium from Africa.’’; and could be the one on which the Iraqi regime SURING THE PRESIDENT AND (H) on March 16, 2003, Vice President Rich- gives anthrax or VX—nerve gas—or some day VICE PRESIDENT ard B. Cheney stated that ‘‘[w]e believe [Hus- a nuclear weapon to a terrorist ally.’’; Mr. FEINGOLD (for himself, Mr. sein] has, in fact, reconstituted nuclear weapons.’’. (C) on October 14, 2002, President George HARKIN, and Mrs. BOXER) submitted the (b) SADDAM’S ALLEGED INTENT TO USE W. Bush stated that ‘‘[t]his is a man that we following resolution; which was re- WEAPONS OF MASS DESTRUCTION.—The Sen- know has had connections with al Qa’ida. ferred to the Committee on Foreign ate finds the following: This is a man who, in my judgment, would Relations: (1) The October 2002 National Intelligence like to use al Qa’ida as a forward army.’’; Estimate assessed that ‘‘Baghdad for now ap- (D) on November 7, 2002, President George S. RES. 302 pears to be drawing a line short of con- W. Bush stated that ‘‘[Saddam is] a threat Resolved, ducting terrorist attacks with conventional because he is dealing with al Qaida . . . [A] SECTION 1. BASIS FOR CENSURE. or CBW against the United States, fearing true threat facing our country is that an al (a) IRAQ’S ALLEGED NUCLEAR PROGRAM.— that exposure of Iraqi involvement would Qaida-type network trained and armed by The Senate finds the following: provide Washington a stronger cause for Saddam could attack America and not leave (1) In December 2001, the intelligence com- making war’’ and that ‘‘Iraq probably would one fingerprint.’’; munity assessed that Iraq did not appear to attempt clandestine attacks against the (E) on January 31, 2003, President George have reconstituted its nuclear weapons pro- United States Homeland if Baghdad feared W. Bush stated that ‘‘Saddam Hussein would gram. an attack that threatened the survival of the like nothing more than to use a terrorist (2) The October 2002 National Intelligence regime were imminent or unavoidable, or network to attack and to kill and leave no Estimate assessed that Iraq did not have a possibly for revenge.’’. fingerprints behind.’’; nuclear weapon or sufficient material to (2) President George W. Bush and Vice (F) on March 16, 2003, Vice President Rich- make one, and that without sufficient fissile President Richard B. Cheney made mis- ard B. Cheney stated that ‘‘we also have to material acquired from abroad, Iraq prob- leading statements, that were not supported address the question of where might these ably would not be able to make a weapon by the available intelligence, suggesting terrorists acquire weapons of mass destruc- until 2007 or 2009. that Saddam Hussein sought weapons of tion, chemical weapons, biological weapons,

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10939 nuclear weapons? And Saddam Hussein be- Iraq, there were insufficient troops to pre- 2007, states that ‘‘[a]s a result of increased comes a prime suspect in that regard because vent the outbreak of violence and lawless- offensive operations, Coalition and Iraqi of his past track record and because we know ness that contributed to the flight of mil- Forces have sustained increased attacks in he has, in fact, developed these kinds of ca- lions of Iraqis and the deaths of tens of thou- Iraq, particularly in Baghdad, Diyala, and pabilities, chemical and biological weapons. sands of Iraqis. Salah ad Din.’’. We know he’s used chemical weapons. And (7) The Government Accountability Office (5) Vice President Richard B. Cheney made we know he’s reconstituted these programs provided testimony to the Subcommittee on misleading statements that the insurgency since the Gulf War. We know he’s out trying National Security and Foreign Affairs, in Iraq was in its ‘‘last throes,’’ including— once again to produce nuclear weapons and House Committee on Oversight and Govern- (A) on May 30, 2005, Vice President Richard we know that he has a long-standing rela- ment Reform, on March 22, 2007, that due to B. Cheney said, ‘‘The level of activity that tionship with various terrorist groups, in- insufficient troop levels, United States we see today from a military standpoint, I cluding the al-Qaeda organization.’’; forces were unable to secure conventional think, will clearly decline. I think they’re in (G) on March 17, 2003, President George W. weapons stockpiles in Iraq that continue to the last throes, if you will, of the insur- Bush stated that ‘‘The danger is clear: using pose a threat to American servicemembers. gency.’’; and chemical, biological or, one day, nuclear (8) President George W. Bush failed to en- (B) on June 19, 2006, Vice President Richard weapons obtained with the help of Iraq, the sure that plans were prepared and imple- B. Cheney was asked whether he still sup- terrorists could fulfill their stated ambitions mented to address the challenges that the in- ported the comment he made in 2005, regard- and kill thousands or hundreds of thousands telligence community predicted would occur ing the fact that the insurgency in Iraq was of innocent people in our country or any after the ouster of Saddam Hussein, and in in its ‘‘last throes,’’ to which he responded ‘‘I other.’’; particular failed to ensure that there were do.’’ (H) on May 1, 2003, President George W. sufficient coalition troops in Iraq after Bush stated that ‘‘[t]he liberation of Iraq major combat operations ended to maintain SEC. 2. CENSURE BY THE SENATE. . . . removed an ally of al Qaeda.’’; security and secure weapons stockpiles. The Senate censures President George W. (e) STRAIN ON MILITARY AND UNDERMINING (I) on September 14, 2003, Vice President Bush and Vice President Richard B. Cheney HOMELAND SECURITY.—The Senate finds the Richard B. Cheney stated that ‘‘the Iraqi for— following: intelligen[ce] service had a relationship with (1) misleading the American people about (1) Retired Major General John Batiste, al Qaeda that developed throughout the dec- the basis for going to war in Iraq; former commander of the First Infantry Di- ade of the 90’s. That was clearly official pol- (2) failing to plan adequately for the war; icy.’’; vision in Iraq, testified before the House (3) pursuing policies in Iraq that have (J) on September 14, 2003, Vice President Committee on Foreign Affairs on June 27, strained our military and undermined our Richard B. Cheney stated that ‘‘[i]f we’re 2007, that ‘‘[o]ur Army and Marine Corps are homeland security; and successful in Iraq . . . we will have struck a at a breaking point at a time in history (4) misleading the American people about major blow right at the heart of the base, if when we need a strong military the most. the insurgency in Iraq. you will, the geographic base of the terror- The cycle of deployments is staggering. ists who have had us under assault now for American formations continue to lose a bat- Mr. FEINGOLD. Mr. President, today talion’s worth of dead and wounded every many years, but most especially on 9/11.’’; I am introducing two censure resolu- and month with little to show for it. The current (K) on March 21, 2006, President George W. recruiting system falls drastically short of tions condemning the President, Vice Bush said at a press conference, ‘‘But we re- long-term requirements and our all-volun- President, and Attorney General for alized on September the 11th, 2001, that kill- teer force can not sustain the current tempo their misconduct relating to the war in ers could destroy innocent life. And I’m for much longer. The military is spending Iraq and for their repeated assaults on never going to forget it. And I’m never going over $1,000,000,000 a year in incentives in a the rule of law. These censure resolu- to forget the vow I made to the American last ditch effort to keep the force together. tions are critical steps to hold the ad- people that we will do everything in our Young officers and noncommissioned officers power to protect our people. Part of that are leaving the service at an alarming rate.’’. ministration accountable for the mis- meant to make sure that we didn’t allow (2) Extended deployments of 15 months, conduct and egregious abuses of the people to provide safe haven to an enemy. and insufficient time to rest and train be- law that we have witnessed over the And that’s why I went into Iraq.’’. tween deployments, have undermined the past 61⁄2 years. (d) INADEQUATE PLANNING AND INSUFFICIENT readiness of the Army. When future generations look back TROOP LEVELS.—The Senate finds the fol- (3) The Army National Guard reported as lowing: early as July 2005 that equipment transfers at the misbehavior of this administra- (1) The intelligence community judged in to deploying units ‘‘had largely exhausted its tion, they need to know that an equal January 2003 that ‘‘[t]he ouster of Iraqi dic- inventory of more than 220 critical items, in- branch of Government stood up and tator Saddam Hussayn would pose a variety cluding some items useful to nondeployed formally repudiated that misbehavior. of significant policy challenges for whoever units for training and domestic missions.’’. They need to know that this adminis- assumes responsibility for governing Iraq’’ (4) The Government Accountability Office tration was not allowed to violate with including ‘‘political transformation, control- found, in September 2006, that ‘‘[a]mong the impunity the principles on which our ling internal strife, solving economic and hu- items for which the Army National Guard manitarian challenges, and dealing with per- had shortages of over 80 percent of the au- Nation was founded. sistent foreign policy and security con- thorized inventory were chemical warfare Some have said that censure does too cerns.’’. monitoring and decontamination equipment little. Others protest that it goes too (2) The intelligence community judged in and night vision goggles’’. far. I understand the concerns of those January 2003 that ‘‘a post-Saddam authority (5) President George W. Bush’s policies in would face a deeply divided society with a Iraq have undermined homeland security by who believe that this administration significant chance that domestic groups depleting the personnel and equipment need- deserves worse than censure. I agree would engage in violent conflict with each ed by the National Guard. that censure is not a cure for the dev- other unless an occupying force prevented (f) INSURGENCY IN ‘‘LAST THROES’’.—The astating toll this administration’s ac- them from doing so.’’. Senate finds the following: tions have had on this country. But it (3) These judgments were delivered to the (1) Multi-National Force-Iraq reports indi- is a step in the right direction and it White House and Office of the Vice Presi- cate that the number of attacks on coalition dent. forces has increased since the beginning of most certainly is important for the his- (4) Then Army Chief of Staff General military action. torical record. Because censure does Shinseki testified on February 25, 2003, that (2) The Government Accountability Office, not require multiple impeachments in ‘‘something on the order of several hundred in March 2007, reported that attacks using the House and trials in the Senate, or thousands soldiers’’ would be needed to se- improvised explosive devices continued to in- the support of two-thirds of Senators, cure Iraq following a successful completion crease between 2005 and July 2006. it is far less cumbersome than im- of the war. (3) On June 23, 2005, General John Abizaid, peachment. We can pass these resolu- (5) General Abizaid, then-CENTCOM com- in his capacity as head of Central Command, tions without taking significant time mander, testified before the Senate Armed testified before the Senate Armed Services Services Committee on November 15, 2006, Committee about the state of the insurgency away from our efforts to address other that ‘‘General Shinseki was right that a that ‘‘[i]n terms of comparison from 6 pressing matters. greater international force contribution, months ago, in terms of foreign fighters I be- The first resolution, S. Res. 302, co- United States force contribution and Iraqi lieve there are more foreign fighters coming sponsored by Senators Harkin and force contribution should have been avail- into Iraq than there were 6 months ago. In able immediately after major combat oper- terms of the overall strength of the insur- Boxer, censures the President and Vice ations.’’. gency, I’d say it’s about the same as it was.’’. President for their misconduct relating (6) After President George W. Bush de- (4) President George W. Bush’s Initial to the war in Iraq. It cites their mis- clared the end of major combat operations in Benchmark Assessment report from July 12, leading pre-war statements, which

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10940 CONGRESSIONAL RECORD — SENATE August 3, 2007 were not based on available intel- Passing these resolutions would also Americans within the United States without ligence, exaggerating the threat posed make clear, not only to the American the court orders required by the Foreign In- by Saddam Hussein and the likelihood people today, but also to future genera- telligence Surveillance Act of 1978. that he had nuclear weapons, and false- tions, how this President and this ad- (8) President George W. Bush repeatedly ly implying that he had a relationship ministration misserved the country. misled the public prior to the public disclo- sure of the National Security Agency with al Qaeda and links to 9/11. This History will judge them, and us, by our warrantless surveillance program by indi- resolution also condemns the Presi- actions, so we must formally condemn cating his Administration was relying on dent’s appalling failure to ensure that the malfeasance of this President and court orders to wiretap suspected terrorists adequate plans were in place to address his administration. inside the United States. the post-Saddam problems predicted by Censure is a measured approach that (9) Alberto R. Gonzales misled Congress in the intelligence community, and in both holds this administration ac- January 2005 during the hearing on his nomi- particular his failure to ensure that countable and allows Congress to focus nation to be Attorney General of the United sufficient troops were deployed to on ending the war in Iraq, protecting States by indicating that a question about maintain order and secure weapons the rule of law and addressing the whether the President has the authority to stockpiles in Iraq. The resolution cen- many other needs of the American peo- authorize warrantless wiretaps in violation sures the President for pursuing poli- ple. I am pleased to be working with of statutory prohibitions presented a ‘‘hypo- thetical situation,’’ even though he was fully cies in Iraq that have placed unfair Congressman MAURICE HINCHEY, who is aware that a warrantless wiretapping pro- burdens on our brave men and women introducing companion legislation. in uniform and undermined our home- gram had been ongoing for several years. f (10) In statements about the supposed need land security. The resolution censures for the National Security Agency warrant- the Vice President for his misleading SENATE RESOLUTION 303—CEN- less surveillance program after the public statements about the Iraqi insurgency SURING THE PRESIDENT AND disclosure of the program, President George being in its ‘‘last throes.’’ The Vice THE ATTORNEY GENERAL W. Bush falsely implied that the program President’s recent, belated concession Mr. FEINGOLD (for himself and Mr. was necessary because the executive branch that he was incorrect does not mitigate HARKIN) submitted the following reso- did not otherwise have authority to wiretap his efforts to mislead the American lution; which was referred to the Com- suspected terrorists inside the United States. people on this point. mittee on the Judiciary: (11) Attorney General Alberto R. Gonzales, The second resolution, S. Res. 303, co- despite his admitted awareness that congres- S. RES. 303 sponsored by Senator HARKIN, censures sional critics of the program support wire- the President and Attorney General for Resolved, tapping terrorists in accordance with the undermining the rule of law. The Presi- SECTION 1. BASIS FOR CENSURE. Foreign Intelligence Surveillance Act of dent and Attorney General have shown (a) NATIONAL SECURITY AGENCY WIRE- 1978, attempted to create the opposite im- TAPPING.—The Senate finds the following: pression by making public statements such flagrant disregard for statutes, for (1) Congress passed the Foreign Intel- as ‘‘[s]ome people will argue that nothing treaties ratified by the United States, ligence Surveillance Act of 1978 (50 U.S.C. could justify the Government being able to and for our own Constitution—all in an 1801 et seq.), and in so doing provided the ex- intercept conversations like the ones the effort to consolidate more and more ecutive branch with clear authority to wire- Program targets’’. power in the executive branch. In the tap suspected terrorists inside the United (12) President George W. Bush inaccurately process, they have repeatedly misled States. stated in his January 31, 2006, State of the the American people. Among the (2) Section 201 of the Foreign Intelligence Union address that ‘‘[p]revious Presidents abuses of the rule of law that this cen- Surveillance Act of 1978 states that it and have used the same constitutional authority the criminal wiretap law are the ‘‘exclusive sure resolution addresses are the ille- I have, and federal courts have approved the means by which electronic surveillance’’ use of that authority.’’, even though the Ad- gal warrantless wiretapping program may be conducted by the United States Gov- ministration has failed to identify a single at the National Security Agency, the ernment, and section 109 of that Act makes instance since the Foreign Intelligence Sur- administration’s interrogation policy, it a crime to wiretap individuals without veillance Act of 1978 became law in which an- extreme positions taken on treatment complying with this statutory authority. other President has authorized wiretaps in- of detainees that have been repeatedly (3) The Foreign Intelligence Surveillance Act of 1978 both permits the Government to side the United States without complying rejected by the Supreme Court, mis- with the Foreign Intelligence Surveillance leading statements by the President initiate wiretapping immediately in emer- gencies as long as the Government obtains Act of 1978, and no Federal court has evalu- and the Attorney General on the USA approval from the court established under ated whether the President has the inherent PATRIOT Act, the refusal to recognize section 103 of the Foreign Intelligence Sur- authority to authorize wiretaps inside the and cooperate with Congress’s legiti- veillance Act of 1978 (50 U.S.C. 1803) within 72 United States without complying with the mate responsibility to conduct over- hours of initiating the wiretap, and author- Foreign Intelligence Surveillance Act of sight, and the use of signing state- izes wiretaps without a court order other- 1978. ments that further demonstrate this wise required by the Foreign Intelligence (13) At a Senate Judiciary Committee President does not believe he has to Surveillance Act of 1978 for the first 15 days hearing on February 6, 2006, Attorney Gen- follow the laws that Congress writes. following a declaration of war by Congress. eral Alberto R. Gonzales defended the Presi- More than a year ago, I introduced a (4) The Authorization for Use of Military dent’s misleading statements in the January Force that became law on September 18, 2001 31, 2006, State of the Union address. resolution to censure the President for (Public Law 107–40; 50 U.S.C. 1541 note), did (14) Attorney General Alberto R. Gonzales breaking the law with his warrantless not grant the President the power to author- has misled Congress and the American peo- wiretapping program and for mis- ize wiretaps of Americans within the United ple repeatedly by stating that there was no leading the public and Congress before States without obtaining the court orders re- serious disagreement among Government of- and after the program was revealed. quired by the Foreign Intelligence Surveil- ficials ‘‘about’’ or ‘‘relate[d] to’’ the Na- This time, I am taking a broader ap- lance Act of 1978. tional Security Agency program confirmed proach because evidence of the admin- (5) The President’s inherent constitutional by the President. istration’s misconduct, misleading authority does not give him the power to (15) According to testimony from former violate the explicit statutory prohibition on statements and abuses of power has Deputy Attorney General James Comey, warrantless wiretaps in the Foreign Intel- Alberto R. Gonzales, while serving as Coun- only mounted since then. ligence Surveillance Act of 1978. While I do not believe impeachment sel to the President, participated in a visit (6) George W. Bush, President of the United to then-Attorney General John Ashcroft in proceedings would be best for the coun- States, authorized the National Security the intensive care unit of the hospital in an try, I share the public’s deep anger at Agency to wiretap Americans within the attempt to convince Mr. Ashcroft to over- this administration’s repeated and seri- United States without obtaining the court turn the decision by Mr. Comey, then serving ous wrongdoing and its refusal to ac- orders required by the Foreign Intelligence as Acting Attorney General due to Mr. knowledge or answer for its actions. Surveillance Act of 1978 for more than 5 Ashcroft’s illness, not to certify the legality years. These two resolutions give Congress a of a classified intelligence program, in what (7) Alberto R. Gonzales, as Attorney Gen- Mr. Comey described as ‘‘an effort to take way to condemn the administration’s eral of the United States and as Counsel to advantage of a very sick man’’. actions without taking time and en- the President, reviewed and defended the le- ergy away from the other critically im- gality of the President’s authorization of (b) DETAINEE AND TORTURE POLICY.—The portant work before us. wiretaps by the National Security Agency of Senate finds the following:

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10941 (1) The United States is a party to the Con- hooding, the use of military dogs to exploit your advocate,’’ and that ‘‘[n]one of the in- vention Against Torture, the Geneva Con- phobias, prolonged isolation, sensory depri- formation you provide me shall be held in ventions, and the International Covenant on vation, and forcing Muslim men to shave confidence’’; Civil and Political Rights. their beards. (B) allowed the detainee to be excluded (2) Common Article 3 of the Geneva Con- (11) According to the ‘‘Article 15–6 Inves- from attendance during review proceedings ventions requires that detainees in armed tigation of CJSOTF–AP [Combined Joint involving ‘‘testimony or other matters that conflicts other than those between nations Special Operations Task Force-Arabian Pe- would compromise national security if held ‘‘shall in all circumstances be treated hu- ninsula] and 5th SF [Special Forces] Group in the presence of the detainee’’; manely,’’ and the Third Geneva Convention Detention Operation (Formica Report)’’ and (C) allowed the decision-maker to rely on on the Treatment of Prisoners of War pro- Department of Defense documents released hearsay evidence and specified that ‘‘[t]he vides additional protections for detainees under the Freedom of Information Act, Tribunal is not bound by the rules of evi- who qualify as ‘‘prisoners of war’’. Guantanamo Bay detainees were chained to dence such as would apply in a court of law’’; (3) United States law criminalizes any ‘‘act the floor, subjected to loud music, fed only and specifically intended to inflict severe phys- bread and water, and kept for some period of (D) specified that ‘‘there shall be a rebutta- ical or mental pain or suffering’’ under sec- time in cells measuring 4 feet by 4 feet by 20 ble presumption in favor of the Govern- tions 2340 and 2340A of title 18, United States inches. ment’s evidence’’. Code, and the War Crimes Act (18 U.S.C. 2441) (12) The March 2004 investigative report of (20) The Government has relied on the and recognizes the gravity of such offenses Major General Antonio Taguba documented above procedures to deprive individuals of by further providing for civil liability under ‘‘sadistic, blatant and wanton criminal their liberty for an indefinite period of time the Torture Victim Protection Act and the abuses’’ against detainees at the Abu Ghraib without a meaningful opportunity to con- Alien Tort Claims Act. detention facility, including sexual and front and rebut the evidence on which that (4) In a draft memorandum dated January physical abuse, the threat of torture, the detention is predicated. 25, 2002, Alberto R. Gonzales, in his capacity forcing of detainees to perform degrading (21) President George W. Bush and the De- as Counsel to the President, argued that the acts designed to assault their religious iden- partment of Defense designated at least 2 protections of the Third Geneva Convention tity, and the use of dogs to frighten detain- should not be afforded to Taliban and al ees. United States citizens as ‘‘enemy combat- Qaeda detainees, and described provisions of (13) According to Department of Defense ants,’’ claimed the right to detain them in- the Convention as ‘‘quaint’’ and ‘‘obsolete’’. documents released under the Freedom of In- definitely on United States soil without (5) The January 25, 2002, memorandum by formation Act, the United States Armed charge and without access to counsel, and then-Counsel to the President Alberto R. Forces held certain Iraqis as ‘‘ghost detain- argued that allowing meaningful judicial re- Gonzales cited ‘‘reduc[ing] the threat of do- ees,’’ who were ‘‘not accounted for’’ and were view of their detention would be ‘‘constitu- mestic criminal prosecution’’ as a ‘‘positive’’ hidden from the observation of the Inter- tionally intolerable’’. consequence of disavowing the Geneva Con- national Committee of the Red Cross (ICRC). (22) The Supreme Court established in ventions’ applicability, asserting that such a (14) Military autopsy reports and death Hamdi v. Rumsfeld that meaningful review disavowal ‘‘would provide a solid defense to certificates released pursuant to the Free- by a neutral decisionmaker of the detention any future prosecution’’ in the event a pros- dom of Information Act revealed that at of United States citizens is constitutionally ecutor brought charges under the domestic least 39 deaths, and probably more, have oc- required, that ‘‘the risk of an erroneous dep- War Crimes Act. curred among detainees in United States rivation of a citizen’s liberty . . . is very (6) Secretary of State Colin Powell re- custody overseas, approximately half of real,’’ and that the Constitution mandates sponded in a January 26, 2002, memorandum which were homicides and 7 of which appear that a United States citizen be given a fair that such an attempt to evade the Geneva to have been caused by ‘‘strangulation,’’ ‘‘as- opportunity to rebut the Government’s Conventions would ‘‘reverse over a century phyxiation’’ or fatal ‘‘blunt force injuries’’. ‘‘enemy combatant’’ designation. of U.S. policy and practice in supporting the (15) On September 6, 2006, President George (23) The administration, having consist- Geneva Conventions and undermine the pro- W. Bush stated that he had authorized the ently claimed that according United States tections of the rule of law for our troops’’. incommunicado detention of certain sus- citizens designated as ‘‘enemy combatants’’ (7) Despite the warnings of the Secretary pected terrorist leaders and operatives at se- the due process protections accorded to of State and in contravention of the lan- cret sites outside the United States under a criminal defendants in civilian courts would guage of the Third Geneva Convention, ‘‘separate program’’ operated by the Central jeopardize national security interests of the President George W. Bush announced on Feb- Intelligence Agency. utmost importance, elected to pursue crimi- ruary 7, 2002, that— (16) President George W. Bush has author- nal charges against alleged ‘‘enemy combat- (A) he did not consider the Convention to ized the indefinite detention, without charge ant’’ Jose Padilla in a civilian court after apply to al Qaeda fighters; and or trial, of more than 700 individuals at holding him in military custody for 3 years. (B) Taliban detainees would not be entitled Guantanamo Bay Naval Base on the ground (24) The administration, having contended to ‘‘prisoner of war’’ status under the Con- that they are ‘‘enemy combatants’’ and that alleged ‘‘enemy combatant’’ and United vention, despite the fact that Article 5 of the therefore may be held until the cessation of States citizen Yaser Esam Hamdi was so Convention and United States Army regula- hostilities under the laws of war. dangerous that merely allowing him to meet tions expressly require such determinations (17) Department of Justice lawyers, rep- with counsel ‘‘jeopardizes compelling na- to be made by a ‘‘competent tribunal’’. resenting President George W. Bush and the tional security interests’’ because he might (8) The Supreme Court, in Hamdan v. Department of Defense in a Federal lawsuit ‘‘pass concealed messages through unwitting Rumsfeld, confirmed that Common Article 3 brought on behalf of Guantanamo detainees, intermediaries,’’ released Mr. Hamdi from of the Geneva Conventions applies to Taliban took the unprecedented position that the custody after 3 years and allowed him to re- forces and al Qaeda forces, and characterized term ‘‘enemy combatant’’ could in theory turn to Saudi Arabia. a central legal premise by which the Presi- justify the indefinite detention of a ‘‘little (25) President George W. Bush issued ‘‘Mili- dent sought to avoid the obligations of inter- old lady in Switzerland who writes checks to tary Order of November 13, 2001, Detention, national law as ‘‘erroneous’’. what she thinks is [a] charity that helps or- Treatment, and Trial of Certain Non-Citizens (9) Alberto R. Gonzales, acting as Counsel phans in Afghanistan but is really a front to in the War Against Terrorism,’’ which au- to the President, solicited and accepted the finance al-Qaeda activities’’ and ‘‘a person thorized the creation of military tribunals to August 1, 2002, Office of Legal Counsel who teaches English to the son of an al try suspected al Qaeda members and other memorandum entitled ‘‘Standards of Con- Qaeda member’’. international terrorist suspects for viola- duct for Interrogation under 18 U.S.C. §§ (18) After the Supreme Court in Hamdi v. tions of the law of war. 2340–2340A’’, which took the untenable posi- Rumsfeld and Rasul v. Bush rejected the (26) Alberto R. Gonzales, as Counsel to the tion that ‘‘mere infliction of pain’’ is not claim that an alleged ‘‘enemy combatant’’ President, in a November 30, 2001, newspaper ‘‘torture’’ unless ‘‘the victim . . . experi- could be detained indefinitely without any editorial, defended these military tribunals ences intense pain or suffering of the kind meaningful opportunity to challenge the des- and misleadingly represented that they that is equivalent to the pain that would be ignation, the Deputy Secretary of Defense would have adequate procedural safeguards, associated with serious physical injury so se- issued an order on July 7, 2004, creating by stating: ‘‘Everyone tried before a military vere that death, organ failure, or permanent ‘‘Combatant Status Review Tribunals’’ commission will know the charges against damage resulting in a loss of significant (CSRTs) for the stated purpose of him, be represented by qualified counsel and body function will likely result.’’. ‘‘review[ing] the detainee’s status as an be allowed to present a defense.’’. (10) According to the ‘‘Review of Depart- enemy combatant’’. (27) The military tribunals’ procedural ment of Defense Detention Operations and (19) Such Order— rules as outlined in Military Commission Detainee Interrogation Techniques’’ (the (A) did not allow detainees to be rep- Order No. 1, issued on March 21, 2002, and as ‘‘Church Report’’), issued on March 7, 2005, resented by counsel in Combatant Status Re- subsequently amended— then-Secretary of Defense Donald Rumsfeld view Tribunal proceedings, but instead speci- (A) permitted the accused and his civilian on December 2, 2002, authorized the use on fied that a ‘‘military officer’’ would be as- counsel to be excluded from any part of the Guantanamo Bay detainees of harsh interro- signed to ‘‘assist[ ]’’ each detainee and re- proceeding that the presiding officer decided gation techniques not listed in the Army quired such military officers to inform the to close, and never learn what was presented Field Manual, including stress positions, detainees that ‘‘I am neither a lawyer nor during that portion of the proceeding;

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10942 CONGRESSIONAL RECORD — SENATE August 3, 2007 (B) permitted the introduction of any evi- reasons’’ when many of those same individ- House documents relating to the firing of at dence that the presiding officer determined uals had received only the highest perform- least 9 United States Attorneys and refusing would have probative value to a reasonable ance reviews prior to their dismissal. to allow current or former White House offi- person, thereby permitting the admission of (5) Attorney General Alberto R. Gonzales cials to testify before Congress on this mat- hearsay and evidence obtained through testified before the Senate on January 18, ter, based on an excessively broad and le- undue coercion; and 2007, that he would ‘‘never, ever make a gally insufficient assertion of executive (C) restricted appellate review of the com- change in a United States attorney for polit- privilege. missions to a panel appointed by the Sec- ical reasons,’’ but in later testimony on (13) President George W. Bush has asserted retary of Defense, followed by review by the April 19, 2007, and July 24, 2007, admitted executive privilege in refusing even to turn Secretary of Defense and a final decision by that he does not know who selected each in- over correspondence between non-Executive the President, with no provision for direct dividual United States Attorney for firing or Branch officials and White House officials appeal to the Federal courts for review by ci- why they were included on the list of United concerning the firings of at least 9 United vilian judges. States Attorneys to be fired. States Attorneys, even though such commu- (28) Nearly 5 years after the military order (6) Prior to their selection for firing, both nications could not reasonably be classified was signed, the Supreme Court in Hamdan v. former New Mexico United States Attorney as falling within the privilege. Rumsfeld struck down the military commis- David Iglesias and former Washington (14) President George W. Bush has directed sions as unlawful, finding that— United States Attorney John McKay re- at least two staff members, former and cur- (A) the military commissions as con- ceived inappropriate phone calls from Mem- rent, to ignore congressional subpoenas alto- stituted were not expressly authorized by bers of Congress or their staffs regarding on- gether, ordering former Counsel to the Presi- any congressional act, including the Author- going, politically sensitive investigations dent Harriet Miers and current Deputy Chief ization for Use of Military Force, the Uni- and the White House received complaints of Staff and Senior Adviser to the President form Code of Military Justice (UCMJ), and about the manner in which they were con- Karl Rove not to appear at Congressional the Detainee Treatment Act; ducting those investigations. oversight hearings based on the assertion (B) the military commission procedures (7) Attorney General Alberto R. Gonzales that immediate presidential advisors are violated the UCMJ, which mandates that testified before the Senate on January 18, ‘‘immune from compelled Congressional tes- rules governing military commissions be as 2007, that he would not fire a United States timony about matters that arose during similar to those governing courts-martial Attorney ‘‘if it would in any way jeopardize [their] tenure,’’ rather than simply instruct- ‘‘as practicable,’’ and which affords the ac- an ongoing serious investigation,’’ but later ing them to refrain from answering ques- cused the right to be present; testified, as did his subordinates, that con- tions that might be covered by a proper as- (C) the military commission procedures cerns about whether ongoing investigations sertion of executive privilege. violated Common Article 3 of the Geneva would be jeopardized were not explored prior (15) President George W. Bush has refused Conventions, which is part of the ‘‘law of to the firings and were specifically ignored to work to find a compromise with Congress war’’ under UCMJ Article 21 and requires when some fired United States Attorneys or otherwise accommodate legitimate con- trial in ‘‘a regularly constituted court af- asked for a delay in their departure dates to gressional oversight efforts, disregarding the fording all the judicial guarantees which are allow them to wrap up ongoing investiga- proper relationship between the executive recognized as indispensable by civilized peo- tions. and legislative branches and demonstrating ples’’. (8) Attorney General Alberto R. Gonzales a belief that he and his Administration are (29) President George W. Bush sought to publicly stated on March 13, 2007, that he was above oversight and the rule of law. prevent the Guantanamo detainees from ob- ‘‘not involved in seeing any memos, was not (d) MISLEADING STATEMENTS ON THE USA taining judicial review of their indefinite involved in any discussions about what was PATRIOT ACT.—The Senate finds the fol- confinement by claiming that the writ of ha- going on’’ regarding the process leading up lowing: beas corpus was categorically unavailable to to the firing of the United States Attorneys, (1) President George W. Bush made mis- non-citizens held at Guantanamo Bay. but later testimony from his subordinates leading claims during the course of the Ad- (30) The Supreme Court in Rasul v. Bush and documents released by the Department ministration’s 2005 campaign to reauthorize squarely rejected this claim, holding that of Justice indicate that the Attorney Gen- the USA PATRIOT Act of 2001, by suggesting the legal precedent on which the President eral was, in fact, regularly briefed on the that Federal officials did not have access to relied ‘‘plainly does not preclude the exercise process and did receive at least one memo in the same tools to investigate terrorism as of [statutory habeas] jurisdiction’’ over the November 2005 regarding the planned firings. they did to investigate other crimes. detainees’ claims, and that the general pre- (9) Attorney General Alberto R. Gonzales (2) In 2005 the Federal Bureau of Investiga- sumption against extraterritorial applica- publicly stated on May 15, 2007, that Deputy tion transmitted to Attorney General tion of a statute, cited by the President, Attorney General Paul McNulty’s participa- Alberto R. Gonzales multiple reports of vio- ‘‘certainly has no application’’ with respect tion in the firing of the United States Attor- lations of law in connection with provisions to detainees at Guantanamo Bay where the neys was of central importance to the valid- of the USA PATRIOT Act and related au- United States exercises ‘‘complete jurisdic- ity of the process and to the Attorney Gen- thorities, including unauthorized surveil- tion and control’’. eral’s decision to fire the specific individ- lance and improper collection of communica- (c) UNITED STATES ATTORNEY FIRINGS AND uals, but he had previously testified on April tions data that were serious enough to re- EXECUTIVE PRIVILEGE.—The Senate finds the 19, 2007, that he did not discuss the process quire notification of the President’s Intel- following: with Mr. McNulty prior to firing the United ligence Oversight Board. (1) At least 9 United States Attorneys were States Attorneys, and that ‘‘looking back (3) Despite these reports, Attorney General told in 2006 that they must step down under . . . I would have had the deputy attorney Alberto R. Gonzales told Congress and the the authority of President George W. Bush, general more involved, directly involved’’. American people in the course of the Admin- who had the final decision-making power in (10) Attorney General Alberto R. Gonzales istration’s 2005 campaign to reauthorize the terminating the employment of United testified on May 10, 2007, that, after the start USA PATRIOT Act of 2001 that ‘‘[t]he track States Attorneys. of the congressional investigation into the record established over the past three years (2) Attorney General Alberto R. Gonzales firings, he had refrained from discussing the has demonstrated the effectiveness of the and subordinates under his supervision re- firings with anyone involved because he did safeguards of civil liberties put in place peatedly misled Congress and attempted to not want to interfere with the ongoing inves- when the Act was passed,’’ that ‘‘[t]here has block legitimate congressional oversight ef- tigations, but former White House Liaison not been one verified case of civil liberties forts concerning the firing of at least nine for the Department of Justice, Monica Good- abuse,’’ and that ‘‘no one has provided me United States Attorneys. ling, testified on May 23, 2007, that the At- with evidence that the Patriot Act is being (3) Attorney General Alberto R. Gonzales torney General spoke with her in late March abused or misused’’. repeatedly obscured the true scope of the of 2007 and ‘‘laid out . . . his general recol- (4) The United States Department of Jus- firings, originally declining to cite a specific lection . . . of some of the process regarding tice sent a 10-page letter to Congress dated number of individuals fired in his testimony the replacement of the United States Attor- November 23, 2005— on January 18, 2007, acknowledging only neys.’’ (A) stating that a November 6, 2005, Wash- seven in his USA Today op-ed published on (11) Former White House Liaison for the ington Post story detailing the Federal Bu- March 6, 2007, acknowledging eight firings in Department of Justice, Monica Goodling, reau of Investigation’s use of National Secu- his testimony on April 19, 2007, tacitly con- also testified on May 23, 2007, that she did rity Letters was a ‘‘materially misleading ceding there had been nine individuals fired not respond to what Attorney General portrayal’’ full of ‘‘distortions and factual in his testimony on May 10, 2007, and testi- Alberto R. Gonzales said about his recollec- errors’’; fying on July 24, 2007, that ‘‘there may have tion because ‘‘I did not know if it was appro- (B) defending its use of National Security been others’’ but he did not know the exact priate for us to both be discussing our recol- Letters by pointing to the Department’s ‘‘ro- number. lections of what had happened, and I just bust mechanisms for checking misuse,’’ ‘‘sig- (4) Attorney General Alberto R. Gonzales thought maybe we shouldn’t have that con- nificant internal oversight and checks,’’ and initially characterized the firings as ‘‘an versation.’’ reports to Congress regarding the number of overblown personnel matter,’’ claiming that (12) President George W. Bush has consist- National Security Letters issued; and the United States Attorneys had lost his ently stonewalled congressional attempts at (C) stating that the November 6, 2005, confidence and were fired for ‘‘performance oversight by refusing to turn over White Washington Post story was inaccurate in

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10943 stating that ‘‘The FBI now issues more than tary executive branch and to withhold infor- Whereas Charles Simic won the Pulitzer 30,000 National Security Letters a year, . . . mation the disclosure of which could impair Prize for Poetry in 1990 for his work ‘‘The a hundredfold increase over historic norms.’’. foreign relations, national security, the de- World Doesn’t End’’; (5) On March 9, 2007, the Inspector General liberative processes of the Executive, or the Whereas Charles Simic wrote ‘‘Walking the for the United States Department of Justice performance of the Executive’s constitu- Black Cat’’ in 1996, which was a finalist for issued a report on the Federal Bureau of In- tional duties.’’. the National Book Award for Poetry; vestigation’s use of National Security Let- (7) On December 20, 2006, President George Whereas Charles Simic won the Griffin ters from 2003 through 2005— W. Bush signed the Postal Accountability Prize in 2005 for ‘‘Selected Poems: 1963–2003’’; (A) that the Inspector General said found and Enhancement Act, which protects cer- Whereas Charles Simic held a MacArthur ‘‘widespread and serious misuse of the FBI’s tain classes of sealed domestic mail from Fellowship from 1984 to 1989 and has held fel- national security letter authorities’’ that being opened except in specifically defined lowships from the Guggenheim Foundation ‘‘in many instances . . . violated NSL stat- circumstances. and the National Endowment for the Arts; utes, Attorney General Guidelines, or the (8) President George W. Bush issued a sign- Whereas Charles Simic earned the Edgar FBI’s own internal policies,’’ and found that ing statement to such Act that suggested he Allan Poe Award, the PEN Translation ‘‘the FBI did not provide adequate guidance, believed he did not have to comply with this Prize, and awards from the American Acad- adequate controls, or adequate training on provision, stating: ‘‘The executive branch emy of Arts and Letters and the National In- the use of these sensitive authorities’’; and shall construe subsection 404(c) of title 39, as stitute of Arts and Letters; (B) that indicated the Federal Bureau of enacted by subsection 1010(e) of the Act, Whereas Charles Simic served as Chan- Investigation issued approximately 39,000 which provides for opening of an item of a cellor of the Academy of American Poets; National Security Letter requests in 2003, class of mail otherwise sealed against inspec- Whereas Charles Simic received the 2007 56,000 National Security Letter requests in tion, in a manner consistent, to the max- Wallace Stevens Award from the American 2004, and 47,000 National Security Letter re- imum extent permissible, with the need to Academy of Poets; and quests in 2005. conduct searches in exigent circumstances, Whereas on August 2, 2007, Librarian of (6) The United States Department of Jus- such as to protect human life and safety Congress James H. Billington announced the tice sent a letter on March 9, 2007, to Con- against hazardous materials, and the need appointment of Charles Simic to be the Li- gress, admitting that it had ‘‘determined for physical searches specifically authorized brary’s 15th Poet Laureate Consultant in Po- that certain statements in our November 23, by law for foreign intelligence collection.’’ etry: Now, therefore, be it 2005 letter need clarification’’ in light of the (9) The American Bar Association Task Resolved, That the Senate— Inspector General’s findings and that ‘‘the Force on Presidential Signing Statements (1) congratulates Charles Simic for being reports [The Department of Justice] provided and the Separation of Powers Doctrine con- named the 15th Poet Laureate of the United Congress in response to statutory reporting cluded that President George W. Bush’s mis- States of America by the Library of Con- requirements did not accurately reflect the use of signing statements ‘‘weaken[s] our gress; and FBI’s use of NSLs’’. cherished system of checks and balances and (2) directs the Secretary of the Senate to (e) SIGNING STATEMENTS.—The Senate finds separation of powers’’. transmit an enrolled copy of this resolution the following: to Charles Simic. (1) President George W. Bush has lodged SEC. 2. CENSURE BY THE SENATE. more than 800 challenges to duly enacted The Senate censures George W. Bush, f provisions of law by issuing signing state- President of the United States, and Alberto ments that indicate that the President does R. Gonzales, Attorney General of the United SENATE RESOLUTION 305—TO EX- not believe he must comply with such provi- States, and condemns their lengthy record PRESS THE SENSE OF THE SEN- sions of law. of— ATE REGARDING THE MEDICARE (2) Such signing statements effectively as- (1) undermining the rule of law and the NATIONAL COVERAGE DETER- sign to the executive branch alone the deci- separation of powers; MINATION ON THE TREATMENT sion whether to fully comply with the laws (2) disregarding statutes, treaties ratified OF ANEMIA IN CANCER PA- by the United States, and the Constitution; that Congress has passed. TIENTS (3) On December 30, 2005, President George and W. Bush signed the Department of Defense (3) repeatedly misleading the American Mr. SPECTER (for himself, Mr. HAR- Emergency Supplemental Appropriations to people. KIN, and Mr. LAUTENBERG) submitted Address Hurricanes in the Gulf of Mexico, the following resolution; which was re- f and Pandemic Influenza Act, 2006, title X of ferred to the Committee on Finance: which prohibits the Government from sub- jecting any individual ‘‘in the custody or SENATE RESOLUTION 304—CON- S. RES. 305 under the physical control of the United GRATULATING CHARLES SIMIC Whereas the Centers for Medicare & Med- States Government, regardless of nationality ON BEING NAMED THE 15TH icaid Services issued a final Medicare Na- or physical location’’ to ‘‘cruel, inhuman, or POET LAUREATE OF THE tional Coverage Determination on the Use of degrading treatment or punishment’’. UNITED STATES OF AMERICA BY Erythropoiesis Stimulating Agents in Cancer (4) President George W. Bush issued a sign- and Related Neoplastic Conditions (CAG– ing statement to such Act that suggested he THE LIBRARY OF CONGRESS 000383N) on July 30, 2007; believed he did not have to comply with the Mr. SUNUNU (for himself and Mr. Whereas 52 United States Senators and 235 prohibition on torture and cruel, inhuman GREGG) submitted the following resolu- Members of the House of Representatives, and degrading treatment, stating: ‘‘The exec- tion; which was considered and agreed representing bipartisan majorities in both utive branch shall construe Title X in Divi- to: chambers, have written to the Centers for sion A of the Act, relating to detainees, in a Medicare & Medicaid Services expressing sig- manner consistent with the constitutional S. RES. 304 nificant concerns with the proposed National authority of the President to supervise the Whereas Charles Simic was born in Yugo- Coverage Determination on the Use of unitary executive branch and as Commander slavia on May 9, 1938, and lived through the Erythropoiesis Stimulating Agents in Cancer in Chief and consistent with the constitu- events of World War II; and Related Neoplastic Conditions, issued on tional limitations on the judicial power, Whereas, in 1954, at age 16 Charles Simic May 14, 2007, regarding the use of which will assist in achieving the shared ob- immigrated to the United States, and moved erythropoiesis stimulating agent therapy for jective of the Congress and the President, to Oak Park, Illinois; Medicare cancer patients; evidenced in Title X, of protecting the Amer- Whereas Charles Simic served in the Whereas, although some improvements ican people from further terrorist attacks.’’. United States Army from 1961 to 1963; have been incorporated into such final Na- (5) On March 9, 2006, President George W. Whereas Charles Simic received a bach- tional Coverage Determination, the policy Bush signed the USA PATRIOT Improve- elor’s degree from New York University in continues to raise significant concerns ment and Reauthorization Act of 2005, which 1966; among physicians and patients about the po- requires that the executive branch furnish Whereas Charles Simic has been a United tential impact on the treatment of cancer reports to Congress on certain surveillance States citizen for 36 years and currently re- patients in the United States; activities. sides in Strafford, New Hampshire; Whereas the American Society of Clinical (6) President George W. Bush issued a sign- Whereas Charles Simic has authored 18 Oncology, the national organization rep- ing statement to such Act that suggested he books of poetry; resenting physicians who treat patients with believed he did not have to comply fully with Whereas Charles Simic is a professor emer- cancer, is specifically concerned about a pro- these reporting requirements, stating: ‘‘The itus of creative writing and literature at the vision in such final National Coverage Deter- executive branch shall construe the provi- University of New Hampshire, where he mination that restricts coverage whenever a sions of H.R. 3199 that call for furnishing in- taught for 34 years before retiring; patient’s hemoglobin goes above 10 g/dL; formation to entities outside the executive Whereas Charles Simic is the 5th person to Whereas the American Society of Clinical branch, such as sections 106A and 119, in a be named Poet Laureate with ties to New Oncology has written to the Centers for manner consistent with the President’s con- Hampshire, including Robert Frost, Maxine Medicare & Medicaid Services to note that stitutional authority to supervise the uni- Kumin, Richard Eberhart, and Donald Hall; such a ‘‘restriction is inconsistent with both

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Mr. COLEMAN (for Mr. BOND (for guidelines’’, to express deep concerns about this sense of the Senate that I intro- himself, Mr. COLEMAN, and Ms. KLOBUCHAR)) such final National Coverage Determination, duce with Senators HARKIN and LAU- proposed an amendment to the bill H.R. 3311, and to urge that the Centers for Medicare & to authorize additional funds for emergency TENBERG to have CMS reconsider the Medicaid Services reconsider such restric- repairs and reconstruction of the Interstate tion; final national coverage determination I–35 bridge located in Minneapolis, Min- Whereas such restriction could increase on the use of erythropoiesis-simulating nesota, that collapsed on August 1, 2007, to blood transfusions and severely compromise agents. waive the $100,000,000 limitation on emer- the high quality of cancer care delivered by f gency relief funds for those emergency re- physicians in United States; and pairs and reconstruction, and for other pur- Whereas the Centers for Medicare & Med- SENATE CONCURRENT RESOLU- poses. icaid Services has noted that the agency did TION 43—PROVIDING FOR A CON- SA 2655. Mr. REID (for Mr. KYL (for himself not address the impact on the blood supply DITIONAL ADJOURNMENT OR RE- and Mr. LEAHY)) proposed an amendment to in such final National Coverage Determina- CESS OF THE SENATE, AND A the bill S. 849, to promote accessibility, ac- tion and has specifically stated, ‘‘[t]he con- CONDITIONAL ADJOURNMENT OF countability, and openness in Government cern about the adequacy of the nation’s THE HOUSE OF REPRESENTA- by strengthening section 552 of title 5, blood supply is not a relevant factor for con- TIVES United States Code (commonly referred to as sideration in this national coverage deter- the Freedom of Information Act), and for mination’’: Now, therefore, be it Mr. REID submitted the following other purposes. Resolved, That it is the sense of the Senate concurrent resolution; which was con- that— sidered and agreed to: f (1) the Centers for Medicare & Medicaid S. CON. RES. 43 Services should begin an immediate recon- TEXT OF AMENDMENTS Resolved by the Senate (the House of Rep- sideration of the final National Coverage De- SA 2649. Mr. MCCONNELL (for him- termination on the Use of Erythropoiesis resentatives concurring), That when the Sen- ate recesses or adjourns on any day from Fri- self and Mr. BOND) proposed an amend- Stimulating Agents in Cancer and Related ment to the bill S. 1927, to amend the Neoplastic Conditions (CAG–000383N); day, August 3, 2007, through Friday, August (2) the Centers for Medicare & Medicaid 31, 2007, on a motion offered pursuant to this Foreign Intelligence Surveillance Act Services should consult with members of the concurrent resolution by its Majority Leader of 1978 to provide additional procedures clinical oncology community to determine or his designee, it stand recessed or ad- for authorizing certain acquisitions of appropriate revisions to such final National journed until 12 noon on Tuesday, September foreign intelligence information and Coverage Determination; and 4, 2007, or such other time on that day as for other purposes; as follows: (3) the Centers for Medicare & Medicaid may be specified by its Majority Leader or his designee in the motion to recess or ad- At the end, add the following: Services should implement appropriate revi- (c) SUNSET.—Except as provided in sub- journ, or until the time of any reassembly sions to such final National Coverage Deter- section (d), sections 2, 3, 4, and 5 of this Act, pursuant to section 2 of this concurrent reso- mination as soon as feasible and provide a and the amendments made by this Act, shall lution, whichever occurs first; and that when briefing to Congress in advance of announc- cease to have effect 180 days after the date of the House adjourns on any legislative day ing such changes. the enactment of this Act. from Friday, August 3, 2007, through Wednes- (d) AUTHORIZATIONS IN EFFECT.—Authoriza- Mr. SPECTER. Mr. President, I have day, August 8, 2007, on a motion offered pur- tions for the acquisition of foreign intel- sought recognition today to introduce suant to this concurrent resolution by its ligence information pursuant to the amend- a sense of the Senate regarding a re- Majority Leader or his designee, it stand ad- ments made by this Act, and directives cent Centers for Medicare and Medicaid journed until 2 p.m. on Tuesday, September issued pursuant to such authorizations, shall 4, 2007, or until the time of any reassembly Services, CMS, national coverage de- remain in effect until their expiration. Such pursuant to section 2 of this concurrent reso- termination on the treatment of ane- acquisitions shall be governed by the appli- lution, whichever occurs first. mia in Medicare cancer patients. cable provisions of such amendments and SEC. 2. The Majority Leader of the Senate On June 29, 2007, I wrote to Secretary shall not be deemed to constitute electronic and the Speaker of the House, or their re- of Health and Human Services Michael surveillance as that term is defined in sec- spective designees, acting jointly after con- Leavitt concerning the proposed CMS tion 101(f) of the Foreign Intelligence Sur- sultation with the Minority Leader of the veillance Act of 1978 (50 U.S.C. 1801(f)). coverage determination that limits ac- Senate and the Minority Leader of the cess to erythropoiesis-simulating House, shall notify the Members of the Sen- SA 2650. Mr. REID (for Mr. KERRY) agents which increases the red blood ate and House, respectively, to reassemble at cell counts of chemotherapy patients such place and time as they may designate proposed an amendment to the bill S. who have become anemic. Further, 51 if, in their opinion, the public interest shall 163, to improve the disaster loan pro- other Senators sent similar letters to warrant it. gram of the Small Business Adminis- Department of Health and Human f tration, and for other purposes; as fol- lows: Services officials. AMENDMENTS SUBMITTED AND On July 30, 2007, CMS issued the final Strike all after the enacting clause and in- PROPOSED coverage determination, and while sert the following: some of the proposed restrictions were SA 2649. Mr. MCCONNELL (for himself and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. substantially altered in favor of pa- Mr. BOND) proposed an amendment to the (a) SHORT TITLE.—This Act may be cited as tients, I remain concerned about the bill S. 1927, to amend the Foreign Intel- the ‘‘Small Business Disaster Response and impact that this decision will have on ligence Surveillance Act of 1978 to provide Loan Improvements Act of 2007’’. additional procedures for authorizing certain (b) TABLE OF CONTENTS.—The table of con- Medicare beneficiary access to needed acquisitions of foreign intelligence informa- tents for this Act is as follows: therapies. The new policy requires that tion and for other purposes. Sec. 1. Short title; table of contents. patients have lower red blood cell SA 2650. Mr. REID (for Mr. KERRY) pro- Sec. 2. Definitions. counts before being able to receive posed an amendment to the bill S. 163, to im- Sec. 3. Extension of program authority. treatment with an erythropoiesis-sim- prove the disaster loan program of the Small TITLE I—DISASTER PLANNING AND ulating agent, resulting in patients Business Administration, and for other pur- RESPONSE that are unnecessarily weaker and may poses. Sec. 101. Disaster loans to nonprofits. not be able to maintain their chemo- SA 2651. Mr. REID (for Mr. BOND) proposed Sec. 102. Disaster loan amounts. an amendment to amendment SA 2650 pro- therapy treatment regimens without Sec. 103. Small business development center posed by Mr. REID (for Mr. KERRY) to the bill having to turn to costly and time-con- portability grants. S. 163, supra. Sec. 104. Assistance to out-of-State busi- suming blood transfusions. SA 2652. Mr. REID (for Mr. COBURN) pro- This restriction is inconsistent with nesses. posed an amendment to amendment SA 2650 Sec. 105. Outreach programs. both the FDA-approved label and pre- proposed by Mr. REID (for Mr. KERRY) to the Sec. 106. Small business bonding threshold. scribing instructions and is also con- bill S. 163, supra. Sec. 107. Termination of program. trary to national professional society SA 2653. Mr. REID (for Mr. DODD (for him- Sec. 108. Increasing collateral requirements. oncology guidelines. For instance, the self and Mr. REED)) proposed an amendment Sec. 109. Public awareness of disaster dec- American Society of Clinical Oncology, to the bill H.R. 2358, to require the Secretary laration and application peri- the national organization representing of the Treasury to mint and issue coins in ods. commemoration of Native Americans and physicians who treat patients with Sec. 110. Consistency between Administra- the important contributions made by Indian tion regulations and standard cancer, has written to CMS to express tribes and individual Native Americans to operating procedures. deep concerns about the coverage de- the development of the United States and Sec. 111. Processing disaster loans. termination, urging CMS to reconsider the history of the United States, and for Sec. 112. Development and implementation these restrictions. other purposes. of major disaster response plan.

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Sec. 113. Disaster planning responsibilities. ‘‘(4) LOANS TO NONPROFITS.—In addition to ‘‘(A) IN GENERAL.—At the discretion’’; and Sec. 114. Additional authority for district of- any other loan authorized by this subsection, (2) by adding at the end the following: fices of the Administration. the Administrator may make such loans (ei- ‘‘(B) DURING DISASTERS.— Sec. 115. Assignment of employees of the Of- ther directly or in cooperation with banks or ‘‘(i) IN GENERAL.—At the discretion of the fice of Disaster Assistance and other lending institutions through agree- Administrator, the Administrator may au- Disaster Cadre. ments to participate on an immediate or de- thorize a small business development center Sec. 116. Report regarding lack of snow fall. ferred basis) as the Administrator deter- to provide such assistance to small business TITLE II—DISASTER LENDING mines appropriate to a nonprofit organiza- concerns located outside of the State, with- Sec. 201. Catastrophic national disaster dec- tion located or operating in an area affected out regard to geographic proximity, if the laration. by a natural or other disaster, as determined small business concerns are located in a dis- Sec. 202. Private disaster loans. under paragraph (1) or (2), or providing serv- aster area declared under section 7(b)(2)(A). Sec. 203. Technical and conforming amend- ices to persons who have evacuated from any ‘‘(ii) CONTINUITY OF SERVICES.—A small ments. such area.’’. business development center that provides Sec. 204. Expedited disaster assistance loan SEC. 102. DISASTER LOAN AMOUNTS. counselors to an area described in clause (i) program. (a) INCREASED LOAN CAPS.—Section 7(b) of Sec. 205. HUBZones. shall, to the maximum extent practicable, the Small Business Act (15 U.S.C. 636(b)) is ensure continuity of services in any State in TITLE III—DISASTER ASSISTANCE amended by inserting immediately after which such small business development cen- OVERSIGHT paragraph (4), as added by this title, the fol- ter otherwise provides services. Sec. 301. Congressional oversight. lowing: ‘‘(iii) ACCESS TO DISASTER RECOVERY FACILI- TITLE IV—ENERGY EMERGENCIES ‘‘(5) INCREASED LOAN CAPS.— TIES.—For purposes of providing disaster re- Sec. 401. Findings. ‘‘(A) AGGREGATE LOAN AMOUNTS.—Except as covery assistance under this subparagraph, Sec. 402. Small business energy emergency provided in subparagraph (B), and notwith- the Administrator shall, to the maximum ex- disaster loan program. standing any other provision of law, the ag- tent practicable, permit small business de- Sec. 403. Agricultural producer emergency gregate loan amount outstanding and com- velopment center personnel to use any site loans. mitted to a borrower under this subsection or facility designated by the Administrator Sec. 404. Guidelines and rulemaking. may not exceed $2,000,000. for use to provide disaster recovery assist- Sec. 405. Reports. ‘‘(B) WAIVER AUTHORITY.—The Adminis- ance.’’. SEC. 2. DEFINITIONS. trator may, at the discretion of the Adminis- SEC. 105. OUTREACH PROGRAMS. In this Act— trator, increase the aggregate loan amount (a) IN GENERAL.—Not later than 30 days (1) the terms ‘‘Administration’’ and ‘‘Ad- under subparagraph (A) for loans relating to after the date of the declaration of a disaster ministrator’’ mean the Small Business Ad- a disaster to a level established by the Ad- area, the Administrator may establish a con- ministration and the Administrator thereof, ministrator, based on appropriate economic tracting outreach and technical assistance respectively; indicators for the region in which that dis- program for small business concerns which (2) the term ‘‘catastrophic national dis- aster occurred.’’. have had a primary place of business in, or aster’’ means a catastrophic national dis- (b) DISASTER MITIGATION.— other significant presence in, such disaster aster declared under section 7(b)(11) of the (1) IN GENERAL.—Section 7(b)(1)(A) of the area. Small Business Act (15 U.S.C. 636(b)), as Small Business Act (15 U.S.C. 636(b)(1)(A)) is (b) ADMINISTRATOR ACTION.—The Adminis- added by this Act; amended by inserting ‘‘of the aggregate costs trator may carry out subsection (a) by act- (3) the term ‘‘declared disaster’’ means a of such damage or destruction (whether or ing through— major disaster or a catastrophic national not compensated for by insurance or other- (1) the Administration; disaster; wise)’’ after ‘‘20 per centum’’. (2) the Federal agency small business offi- (4) the term ‘‘disaster area’’ means an area (2) EFFECTIVE DATE.—The amendment cials designated under section 15(k)(1) of the affected by a natural or other disaster, as de- made by paragraph (1) shall apply with re- Small Business Act (15 U.S.C. 644(k)(1)); or termined for purposes of paragraph (1) or (2) spect to a loan or guarantee made after the (3) any Federal, State, or local government of section 7(b) of the Small Business Act (15 date of enactment of this Act. entity, higher education institution, pro- U.S.C. 636(b)), during the period of such dec- (c) TECHNICAL AMENDMENTS.—Section 7(b) curement technical assistance center, or pri- laration; of the Small Business Act (15 U.S.C. 636(b)) is vate nonprofit organization that the Admin- (5) the term ‘‘disaster loan program of the amended— istrator may determine appropriate, upon Administration’’ means assistance under sec- (1) in the matter preceding paragraph (1), conclusion of a memorandum of under- tion 7(b) of the Small Business Act (15 U.S.C. by striking ‘‘the, Administration’’ and in- standing or assistance agreement, as appro- 636(b)); serting ‘‘the Administration’’; priate, with the Administrator. (6) the term ‘‘disaster update period’’ (2) in paragraph (2)(A), by striking ‘‘Dis- SEC. 106. SMALL BUSINESS BONDING THRESH- means the period beginning on the date on aster Relief and Emergency Assistance Act’’ OLD. which the President declares a major dis- and inserting ‘‘Robert T. Stafford Disaster (a) IN GENERAL.—Except as provided in aster or a catastrophic national disaster and Relief and Emergency Assistance Act (42 subsection (b), and notwithstanding any ending on the date on which such declaration U.S.C. 5121 et seq.) (in this subsection re- other provision of law, for any procurement terminates; ferred to as a ‘major disaster’)’’; and related to a major disaster, the Adminis- (7) the term ‘‘major disaster’’ has the (3) in the undesignated matter at the end— trator may, upon such terms and conditions meaning given that term in section 102 of the (A) by striking ‘‘, (2), and (4)’’ and insert- as the Administrator may prescribe, guar- Robert T. Stafford Disaster Relief and Emer- ing ‘‘and (2)’’; and antee and enter into commitments to guar- gency Assistance Act (42 U.S.C. 5122); (B) by striking ‘‘, (2), or (4)’’ and inserting antee any surety against loss resulting from (8) the term ‘‘small business concern’’ has ‘‘(2)’’. a breach of the terms of a bid bond, payment the same meaning as in section 3 of the SEC. 103. SMALL BUSINESS DEVELOPMENT CEN- bond, performance bond, or bonds ancillary Small Business Act (15 U.S.C. 632); and TER PORTABILITY GRANTS. thereto, by a principal on any total work (9) the term ‘‘State’’ means any State of Section 21(a)(4)(C)(viii) of the Small Busi- order or contract amount at the time of bond ness Act (15 U.S.C. 648(a)(4)(C)(viii)) is the United States, the District of Columbia, execution that does not exceed $5,000,000. amended— the Commonwealth of Puerto Rico, the (b) INCREASE OF AMOUNT.—Upon request of (1) in the first sentence, by striking ‘‘as a Northern Mariana Islands, the Virgin Is- the head of any Federal agency other than result of a business or government facility lands, Guam, American Samoa, and any ter- the Administration involved in reconstruc- down sizing or closing, which has resulted in ritory or possession of the United States. tion efforts in response to a major disaster, the loss of jobs or small business instability’’ the Administrator may guarantee and enter SEC. 3. EXTENSION OF PROGRAM AUTHORITY. and inserting ‘‘due to events that have re- into a commitment to guarantee any secu- (a) IN GENERAL.—Section 1 of the Act enti- sulted or will result in, business or govern- rity against loss under subsection (a) on any tled ‘‘An Act to extend temporarily certain ment facility downsizing or closing’’; and total work order or contract amount at the authorities of the Small Business Adminis- (2) by adding at the end ‘‘At the discretion time of bond execution that does not exceed tration’’, approved October 10, 2006 (Public of the Administrator, the Administrator $10,000,000. Law 109–316; 120 Stat. 1742), is amended by may make an award greater than $100,000 to SEC. 107. TERMINATION OF PROGRAM. striking ‘‘July 31, 2007’’ each place it appears a recipient to accommodate extraordinary Section 711(c) of the Small Business Com- and inserting ‘‘October 31, 2007’’. occurrences having a catastrophic impact on petitive Demonstration Program Act of 1988 (b) EFFECTIVE DATE.—The amendments the small business concerns in a commu- (15 U.S.C. 644 note) is amended by inserting made by subsection (a) shall take effect on nity.’’. after ‘‘January 1, 1989’’ the following: ‘‘, and July 31, 2007. SEC. 104. ASSISTANCE TO OUT-OF-STATE BUSI- shall terminate on the date of enactment of TITLE I—DISASTER PLANNING AND NESSES. the Small Business Disaster Response and RESPONSE Section 21(b)(3) of the Small Business Act Loan Improvements Act of 2007’’. SEC. 101. DISASTER LOANS TO NONPROFITS. (15 U.S.C. 648(b)(3)) is amended— SEC. 108. INCREASING COLLATERAL REQUIRE- Section 7(b) of the Small Business Act (15 (1) by striking ‘‘At the discretion’’ and in- MENTS. U.S.C. 636(b)) is amended by inserting imme- serting the following: ‘‘SMALL BUSINESS DE- Section 7(c)(6) of the Small Business Act diately after paragraph (3) the following: VELOPMENT CENTERS.— (15 U.S.C. 636(c)(6)) is amended by striking

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10946 CONGRESSIONAL RECORD — SENATE August 3, 2007 ‘‘$10,000 or less’’ and inserting ‘‘$14,000 or less (2) makes clear the services provided by (2) submit a report to the Committee on (or such higher amount as the Administrator the Administration, including contact infor- Small Business and Entrepreneurship of the determines appropriate in the event of a cat- mation, application information, and Senate and the Committee on Small Busi- astrophic national disaster declared under timelines for submitting applications, the ness of the House of Representatives detail- subsection (b)(11))’’. review of applications, and the disbursement ing the amendments to the disaster response SEC. 109. PUBLIC AWARENESS OF DISASTER DEC- of funds; plan. LARATION AND APPLICATION PERI- (3) describes the different disaster loan (b) CONTENTS.—The report required under ODS. programs of the Administration, including subsection (a)(2) shall include— (1) any updates or modifications made to (a) IN GENERAL.—Section 7(b) of the Small how they are made available and the eligi- Business Act (15 U.S.C. 636(b)) is amended by bility requirements for each loan program; the disaster response plan since the report inserting immediately after paragraph (5), as (4) provides for regional marketing, focus- regarding the disaster response plan sub- added by this Act, the following: ing on disasters occurring in each region be- mitted to Congress on July 14, 2006; (2) a description of how the Administrator ‘‘(6) COORDINATION WITH FEMA.— fore the date of enactment of this Act, and plans to utilize and integrate District Office ‘‘(A) IN GENERAL.—Notwithstanding any likely scenarios for disasters in each such re- personnel of the Administration in the re- other provision of law, for any disaster (in- gion; and sponse to a major disaster, including infor- cluding a catastrophic national disaster) de- (5) ensures that the marketing plan is mation on the utilization of personnel for clared under this subsection or major dis- made available at small business develop- loan processing and loan disbursement; aster, the Administrator, in consultation ment centers and on the website of the Ad- (3) a description of the disaster scalability with the Administrator of the Federal Emer- ministration. model of the Administration and on what gency Management Agency, shall ensure, to SEC. 110. CONSISTENCY BETWEEN ADMINISTRA- basis or function the plan is scaled; the maximum extent practicable, that all TION REGULATIONS AND STANDARD (4) a description of how the agency-wide application periods for disaster relief under OPERATING PROCEDURES. Disaster Oversight Council is structured, this Act correspond with application dead- (a) IN GENERAL.—The Administrator shall, which offices comprise its membership, and lines established under the Robert T. Staf- promptly following the date of enactment of whether the Associate Deputy Administrator ford Disaster Relief and Emergency Assist- this Act, conduct a study of whether the for Entrepreneurial Development of the Ad- ance Act (42 U.S.C. 5121 et seq.), or as ex- standard operating procedures of the Admin- ministration is a member; tended by the President. istration for loans offered under section 7(b) (5) a description of how the Administrator ‘‘(B) DEADLINES.—Notwithstanding any of the Small Business Act (15 U.S.C. 636(b)) plans to coordinate the disaster efforts of the other provision of law, not later than 10 days are consistent with the regulations of the Administration with State and local govern- before the closing date of an application pe- Administration for administering the dis- ment officials, including recommendations riod for a major disaster (including a cata- aster loan program. on how to better incorporate State initia- strophic national disaster), the Adminis- (b) REPORT.—Not later than 180 days after tives or programs, such as State-adminis- trator, in consultation with the Adminis- the date of enactment of this Act, the Ad- tered bridge loan programs, into the disaster trator of the Federal Emergency Manage- ministration shall submit to Congress a re- response of the Administration; ment Agency, shall submit to the Committee port containing all findings and rec- (6) recommendations, if any, on how the on Small Business and Entrepreneurship of ommendations of the study conducted under Administration can better coordinate its dis- the Senate and the Committee on Small subsection (a). aster response operations with the oper- Business of the House of Representatives a SEC. 111. PROCESSING DISASTER LOANS. ations of other Federal, State, and local en- report that includes— (a) AUTHORITY FOR QUALIFIED PRIVATE CON- tities; ‘‘(i) the deadline for submitting applica- TRACTORS TO PROCESS DISASTER LOANS.— (7) any surge plan for the disaster loan pro- tions for assistance under this Act relating Section 7(b) of the Small Business Act (15 gram of the Administration in effect on or to that major disaster; U.S.C. 636(b)) is amended by inserting imme- after August 29, 2005 (including surge plans ‘‘(ii) information regarding the number of diately after paragraph (7), as added by this for loss verification, loan processing, mail- loan applications and disbursements proc- Act, the following: room, customer service or call center oper- essed by the Administrator relating to that ‘‘(8) AUTHORITY FOR QUALIFIED PRIVATE CON- ations, and a continuity of operations plan); major disaster for each day during the period TRACTORS.— (8) the number of full-time equivalent em- beginning on the date on which that major ‘‘(A) DISASTER LOAN PROCESSING.—The Ad- ployees and job descriptions for the planning disaster was declared and ending on the date ministrator may enter into an agreement and disaster response staff of the Adminis- of that report; and with a qualified private contractor, as deter- tration; ‘‘(iii) an estimate of the number of poten- mined by the Administrator, to process loans (9) the in-service and preservice training tial applicants that have not submitted an under this subsection in the event of a major procedures for disaster response staff of the application relating to that major disaster. disaster or a catastrophic national disaster Administration; ‘‘(7) PUBLIC AWARENESS OF DISASTERS.—If a declared under paragraph (11), under which (10) information on the logistical support disaster (including a catastrophic national the Administrator shall pay the contractor a plans of the Administration (including disaster) is declared under this subsection, fee for each loan processed. equipment and staffing needs, and detailed the Administrator shall make every effort to ‘‘(B) LOAN LOSS VERIFICATION SERVICES.— information on how such plans will be scal- communicate through radio, television, The Administrator may enter into an agree- able depending on the size and scope of the print, and web-based outlets, all relevant in- ment with a qualified lender or loss major disaster; formation needed by disaster loan appli- verification professional, as determined by (11) a description of the findings and rec- cants, including— the Administrator, to verify losses for loans ommendations of the Administrator, if any, ‘‘(A) the date of such declaration; under this subsection in the event of a major based on a review of the response of the Ad- ‘‘(B) cities and towns within the area of disaster or a catastrophic national disaster ministration to Hurricane Katrina of 2005, such declaration; declared under paragraph (11), under which Hurricane Rita of 2005, and Hurricane Wilma ‘‘(C) loan application deadlines related to the Administrator shall pay the lender or of 2005; and such disaster; verification professional a fee for each loan (12) a plan for how the Administrator, in ‘‘(D) all relevant contact information for for which such lender or verification profes- consultation with the Administrator of the victim services available through the Ad- sional verifies losses.’’. Federal Emergency Management Agency, ministration (including links to small busi- (b) COORDINATION OF EFFORTS BETWEEN THE will coordinate the provision of accommoda- ness development center websites); ADMINISTRATOR AND THE INTERNAL REVENUE tions and necessary resources for disaster as- ‘‘(E) links to relevant Federal and State SERVICE TO EXPEDITE LOAN PROCESSING.— sistance personnel to effectively perform disaster assistance websites, including links The Administrator and the Commissioner of their responsibilities in the aftermath of a to websites providing information regarding Internal Revenue shall, to the maximum ex- major disaster. assistance available from the Federal Emer- tent practicable, ensure that all relevant and (c) EXERCISES.—Not later than 6 months gency Management Agency; allowable tax records for loan approval are after the date of the submission of the report ‘‘(F) information on eligibility criteria for shared with loan processors in an expedited under subsection (a)(2), the Administrator Administration loan programs, including manner, upon request by the Administrator. shall develop and execute simulation exer- where such applications can be found; and SEC. 112. DEVELOPMENT AND IMPLEMENTATION cises to demonstrate the effectiveness of the ‘‘(G) application materials that clearly OF MAJOR DISASTER RESPONSE amended disaster response plan required state the function of the Administration as PLAN. under this section. the Federal source of disaster loans for (a) IN GENERAL.—Not later than 3 months SEC. 113. DISASTER PLANNING RESPONSIBIL- homeowners and renters.’’. after the date of enactment of this Act, the ITIES. (b) MARKETING AND OUTREACH.—Not later Administrator shall— (a) ASSIGNMENT OF SMALL BUSINESS ADMIN- than 90 days after the date of enactment of (1) by rule, amend the 2006 Atlantic hurri- ISTRATION DISASTER PLANNING RESPONSIBIL- this Act, the Administrator shall create a cane season disaster response plan of the Ad- ITIES.—The Administrator shall specifically marketing and outreach plan that— ministration (in this section referred to as assign the disaster planning responsibilities (1) encourages a proactive approach to the the ‘‘disaster response plan’’) to apply to described in subsection (b) to an employee of disaster relief efforts of the Administration; major disasters; and the Administration who—

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(2) shall report directly to the Adminis- ‘‘(ii) in the Disaster Cadre of the Adminis- ‘‘(B) AUTHORIZATION.—Following a declara- trator; and tration is not fewer than 750. tion of a major disaster, if a damage assess- (3) has a background and expertise dem- ‘‘(B) REPORT.—In carrying out this sub- ment performed by the Administrator indi- onstrating significant experience in the area section, if the number of full-time employees cates that the damage caused by the event of disaster planning. for either the Office of Disaster Assistance or qualify as a catastrophic national disaster (b) RESPONSIBILITIES.—The responsibilities the Disaster Cadre of the Administration is under subsection (a), the Administrator may described in this subsection are— below the level described in subparagraph make such loans under this paragraph (ei- (1) creating and maintaining the com- (A) for that office, the Administrator shall, ther directly or in cooperation with banks or prehensive disaster response plan of the Ad- not later than 14 days after the date on other lending institutions through agree- ministration; which that staffing level decreased below the ments to participate on an immediate or de- (2) ensuring in-service and pre-service level described in subparagraph (A), submit a ferred basis) as the Administrator deter- training procedures for the disaster response report to the Committee on Small Business mines appropriate to small business concerns staff of the Administration; and Entrepreneurship and the Committee on located anywhere in the United States that (3) coordinating and directing Administra- Appropriations of the Senate and the Com- are economically adversely impacted as a re- tion training exercises, including mock dis- mittee on Small Business and the Com- sult of that catastrophic national disaster. aster responses, with other Federal agencies; mittee on Appropriations of the House of ‘‘(C) LOAN TERMS.—A loan under this para- and Representatives— graph shall be made on the same terms as a (4) other responsibilities, as determined by ‘‘(i) detailing the staffing levels on that loan under paragraph (2).’’. the Administrator. date; and SEC. 202. PRIVATE DISASTER LOANS. (c) REPORT.—Not later than 30 days after ‘‘(ii) if determined appropriate by the Ad- (a) IN GENERAL.—Section 7 of the Small the date of enactment of this Act, the Ad- ministrator, including a request for addi- Business Act (15 U.S.C. 636) is amended— ministrator shall submit to the Committee tional funds for additional employees.’’. (1) by redesignating subsections (c) and (d) on Small Business and Entrepreneurship of SEC. 116. REPORT REGARDING LACK OF SNOW as subsections (d) and (e), respectively; and the Senate and the Committee on Small FALL. (2) by inserting after subsection (b) the fol- Business of the House of Representatives a Not later than 6 months after the date of lowing: report containing— enactment of this Act, the Administrator ‘‘(c) PRIVATE DISASTER LOANS.— (1) a description of the actions of the Ad- shall conduct a study of, and submit a report ‘‘(1) DEFINITIONS.—In this subsection— ministrator to assign an employee under to the Committee on Small Business of the ‘‘(A) the term ‘disaster area’ means a coun- subsection (a); House of Representatives and the Committee ty, parish, or similar unit of general local (2) information detailing the background on Small Business and Entrepreneurship of government in which a disaster was declared and expertise of the employee assigned under the Senate that describes— under subsection (b); subsection (a); and (1) the ability of the Administrator to pro- ‘‘(B) the term ‘eligible small business con- (3) information on the status of the imple- vide loans under section 7(b)(2) of the Small cern’ means a business concern that is— ‘‘(i) a small business concern, as defined in mentation of the responsibilities described Business Act (15 U.S.C. 636(b)(2)) to small this Act; or in subsection (b). business concerns that depend on high snow ‘‘(ii) a small business concern, as defined in SEC. 114. ADDITIONAL AUTHORITY FOR DISTRICT fall amounts, and sustain economic injury section 103 of the Small Business Investment OFFICES OF THE ADMINISTRATION. (as described under that section) due to a Act of 1958; and (a) IN GENERAL.—Section 7(b) of the Small lack of snow fall; ‘‘(C) the term ‘qualified private lender’ Business Act (15 U.S.C. 636(b)) is amended by (2) the criteria that the Administrator means any privately-owned bank or other inserting immediately after paragraph (8), as would use to determine whether to provide a lending institution that the Administrator added by this Act, the following: loan under section 7(b)(2) of the Small Busi- determines meets the criteria established ‘‘(9) USE OF DISTRICT OFFICES.—In the event ness Act (15 U.S.C. 636(b)(2)) to a small busi- under paragraph (9). of a major disaster, the Administrator may ness concern that has been adversely af- ‘‘(2) AUTHORIZATION.—The Administrator authorize a district office of the Administra- fected by a lack of snow fall; tion to process loans under paragraph (1) or may guarantee timely payment of principal (3) other Federal assistance (including and interest, as scheduled on any loan issued (2).’’. loans) available to small business concerns (b) DESIGNATION.— by a qualified private lender to an eligible that are adversely affected by a lack of snow (1) IN GENERAL.—The Administrator may small business concern located in a disaster fall; and designate an employee in each district office area. (4) the history relating to providing loans of the Administration to act as a disaster ‘‘(3) USE OF LOANS.—A loan guaranteed by under section 7(b)(2) of the Small Business loan liaison between the disaster processing the Administrator under this subsection may Act (15 U.S.C. 636(b)(2)) to small business center and applicants under the disaster loan be used for any purpose authorized under concerns that have been adversely affected program of the Administration. subsection (b). by a lack of snow fall. (2) RESPONSIBILITIES.—Each employee des- ‘‘(4) ONLINE APPLICATIONS.— ignated under paragraph (1) shall— TITLE II—DISASTER LENDING ‘‘(A) ESTABLISHMENT.—The Administrator (A) be responsible for coordinating and fa- SEC. 201. CATASTROPHIC NATIONAL DISASTER may establish, directly or through an agree- cilitating communications between appli- DECLARATION. ment with another entity, an online applica- cants under the disaster loan program of the Section 7(b) of the Small Business Act (15 tion process for loans guaranteed under this Administration and disaster loan processing U.S.C. 636(b)) is amended by inserting imme- subsection. staff regarding documentation and informa- diately after paragraph (10), as added by this ‘‘(B) OTHER FEDERAL ASSISTANCE.—The Ad- tion required for completion of an applica- Act, the following: ministrator may coordinate with the head of tion; and ‘‘(11) CATASTROPHIC NATIONAL DISASTERS.— any other appropriate Federal agency so (B) provide information to applicants ‘‘(A) PROMULGATION OF RULES.—Not later that any application submitted through an under the disaster loan program of the Ad- than 6 months after the date of enactment of online application process established under ministration regarding additional services this paragraph, the Administrator, in con- this paragraph may be considered for any and benefits that may be available to such sultation with the Secretary of Homeland other Federal assistance program for dis- applicants to assist with recovery. Security and the Administrator of the Fed- aster relief. (3) OUTREACH.—In providing outreach to eral Emergency Management Agency, shall ‘‘(C) CONSULTATION.—In establishing an on- disaster victims following a declared dis- promulgate regulations establishing a line application process under this para- aster, the Administrator shall make disaster threshold for a catastrophic national dis- graph, the Administrator shall consult with victims aware of— aster declaration under this Act, which shall appropriate persons from the public and pri- (A) any relevant employee designated consider— vate sectors, including private lenders. under paragraph (1); and ‘‘(i) the dollar amount per capita of dam- ‘‘(5) MAXIMUM AMOUNTS.— (B) how to contact that employee. age to the State, its political subdivisions, or ‘‘(A) GUARANTEE PERCENTAGE.—The Admin- SEC. 115. ASSIGNMENT OF EMPLOYEES OF THE a region; istrator may guarantee not more than 85 OFFICE OF DISASTER ASSISTANCE ‘‘(ii) the number of small business concerns percent of a loan under this subsection. AND DISASTER CADRE. damaged, physically or economically, as a ‘‘(B) LOAN AMOUNTS.—The maximum (a) IN GENERAL.—Section 7(b) of the Small direct result of the event; amount of a loan guaranteed under this sub- Business Act (15 U.S.C. 636(b)) is amended by ‘‘(iii) the number of individuals and house- section shall be $2,000,000. inserting immediately after paragraph (9), as holds displaced from their predisaster resi- ‘‘(6) LOAN TERM.—The longest term of a added by this Act, the following: dences by the event; loan for a loan guaranteed under this sub- ‘‘(10) DISASTER ASSISTANCE EMPLOYEES.— ‘‘(iv) the severity of the impact on employ- section shall be— ‘‘(A) IN GENERAL.—In carrying out this sec- ment rates in the State, its political subdivi- ‘‘(A) 15 years for any loan that is issued tion, the Administrator shall, where prac- sions, or a region; without collateral; and ticable, ensure that the number of full-time ‘‘(v) the anticipated length and difficulty ‘‘(B) 25 years for any loan that is issued equivalent employees— of the recovery process; and with collateral.

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‘‘(7) FEES.— (1) the term ‘‘immediate disaster assist- of the Small Business Act (15 U.S.C. ‘‘(A) IN GENERAL.—The Administrator may ance’’ means assistance provided during the 636(b)(3)(B))); or not collect a guarantee fee under this sub- period beginning on the date on which a dis- (ii) vital to recovery efforts in the region section. aster declaration is made and ending on the (including providing debris removal services, ‘‘(B) ORIGINATION FEE.—The Administrator date that an impacted small business con- manufactured housing, or building mate- may pay a qualified private lender an origi- cern is able to secure funding through insur- rials); and nation fee for a loan guaranteed under this ance claims, Federal assistance programs, or (H) shall be subject to such additional subsection in an amount agreed upon in ad- other sources; and terms as the Administrator determines nec- vance between the qualified private lender (2) the term ‘‘program’’ means the expe- essary or appropriate. and the Administrator. dited disaster assistance business loan pro- (e) REPORT TO CONGRESS.—Not later than 5 ‘‘(8) DOCUMENTATION.—A qualified private gram established under subsection (b). months after the date of enactment of this lender may use its own loan documentation (b) CREATION OF PROGRAM.—The Adminis- Act, the Administrator shall report to the for a loan guaranteed by the Administrator, trator shall take such administrative action Committee on Small Business and Entrepre- to the extent authorized by the Adminis- as is necessary to establish and implement neurship of the Senate and the Committee trator. The ability of a lender to use its own an expedited disaster assistance business on Small Business of the House of Represent- atives on the progress of the Administrator loan documentation for a loan guaranteed loan program to provide small business con- in establishing the program. under this subsection shall not be considered cerns with immediate disaster assistance (f) AUTHORIZATION.—There are authorized part of the criteria for becoming a qualified under section 7(b) of the Small Business Act to be appropriated to the Administrator such private lender under the regulations promul- (15 U.S.C. 636(b)). sums as are necessary to carry out this sec- gated under paragraph (9). (c) CONSULTATION REQUIRED.—In estab- tion. ‘‘(9) IMPLEMENTATION REGULATIONS.— lishing the program, the Administrator shall SEC. 205. HUBZONES. ‘‘(A) IN GENERAL.—Not later than 1 year consult with— (a) IN GENERAL.—Section 3(p) of the Small after the date of enactment of the Small (1) appropriate personnel of the Adminis- Business Act (15 U.S.C. 632(p)) is amended— Business Disaster Response and Loan Im- tration (including District Office personnel (1) in paragraph (1)— provements Act of 2007, the Administrator of the Administration); (A) in subparagraph (D), by striking ‘‘or’’; shall issue final regulations establishing per- (2) appropriate technical assistance pro- (B) in subparagraph (E), by striking the pe- manent criteria for qualified private lenders. viders (including small business development riod at the end and inserting a semicolon; ‘‘(B) REPORT TO CONGRESS.—Not later than centers); and 6 months after the date of enactment of the (3) appropriate lenders and credit unions; (C) by adding at the end the following: Small Business Disaster Response and Loan (4) the Committee on Small Business and ‘‘(F) areas in which the President has de- Improvements Act of 2007, the Administrator Entrepreneurship of the Senate; and clared a major disaster (as that term is de- shall submit a report on the progress of the (5) the Committee on Small Business of the fined in section 102 of the Robert T. Stafford regulations required by subparagraph (A) to House of Representatives. Disaster Relief and Emergency Assistance the Committee on Small Business and Entre- (d) RULES.— Act (42 U.S.C. 5122)) as a result of Hurricane preneurship of the Senate and the Com- (1) IN GENERAL.—Not later than 1 year after Katrina of August 2005 or Hurricane Rita of mittee on Small Business of the House of the date of enactment of this Act, the Ad- September 2005, during the time period de- Representatives. ministrator shall issue rules in final form es- scribed in paragraph (8); or ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— tablishing and implementing the program in ‘‘(G) catastrophic national disaster ‘‘(A) IN GENERAL.—Amounts necessary to accordance with this section. Such rules areas.’’; carry out this subsection shall be made shall apply as provided for in this section, (2) in paragraph (4), by adding at the end available from amounts appropriated to the beginning 90 days after their issuance in the following: Administration to carry out subsection (b). final form. ‘‘(E) CATASTROPHIC NATIONAL DISASTER ‘‘(B) AUTHORITY TO REDUCE INTEREST (2) CONTENTS.—The rules promulgated AREA.— RATES.—Funds appropriated to the Adminis- under paragraph (1) shall— ‘‘(i) IN GENERAL.—The term ‘catastrophic tration to carry out this subsection, may be (A) identify whether appropriate uses of national disaster area’ means an area— used by the Administrator, to the extent funds under the program may include— ‘‘(I) affected by a catastrophic national available, to reduce the rate of interest for (i) paying employees; disaster declared under section 7(b)(11), dur- any loan guaranteed under this subsection (ii) paying bills and other financial obliga- ing the time period described in clause (ii); by not more than 3 percentage points. tions; and ‘‘(11) PURCHASE OF LOANS.—The Adminis- (iii) making repairs; ‘‘(II) for which the Administrator deter- trator may enter into an agreement with a (iv) purchasing inventory; mines that designation as a HUBZone would qualified private lender to purchase any loan (v) restarting or operating a small business substantially contribute to the reconstruc- issued under this subsection.’’. concern in the community in which it was tion and recovery effort in that area. (b) EFFECTIVE DATE.—The amendments conducting operations prior to the declared ‘‘(ii) TIME PERIOD.—The time period for the made by this section shall apply to disasters disaster, or to a neighboring area, county, or purposes of clause (i)— declared under section 7(b)(2) of the Small parish in the disaster area; or ‘‘(I) shall be the 2-year period beginning on Business Act (631 U.S.C. 636(b)(2)) before, on, (vi) covering additional costs until the the date that the applicable catastrophic na- or after the date of enactment of this Act. small business concern is able to obtain tional disaster was declared under section SEC. 203. TECHNICAL AND CONFORMING AMEND- funding through insurance claims, Federal 7(b)(11); and MENTS. assistance programs, or other sources; and ‘‘(II) may, at the discretion of the Adminis- The Small Business Act (15 U.S.C. 631 et (B) set the terms and conditions of any trator, be extended to be the 3-year period seq.) is amended— loan made under the program, subject to beginning on the date described in subclause (1) in section 4(c)— paragraph (3). (I).’’; and (A) in paragraph (1), by striking ‘‘7(c)(2)’’ (3) TERMS AND CONDITIONS.—A loan made (3) by adding at the end the following: and inserting ‘‘7(d)(2)’’; and by the Administration under this section— ‘‘(8) TIME PERIOD.—The time period for the (B) in paragraph (2)— (A) shall be for not more than $150,000; purposes of paragraph (1)(F)— (i) by striking ‘‘7(c)(2)’’ and inserting (B) shall be a short-term loan, not to ex- ‘‘(A) shall be the 2-year period beginning ‘‘7(d)(2)’’; and ceed 180 days, except that the Administrator on the later of the date of enactment of this (ii) by striking ‘‘7(e),’’; and may extend such term as the Administrator paragraph and August 29, 2007; and (2) in section 7(b), in the undesignated mat- determines necessary or appropriate on a ‘‘(B) may, at the discretion of the Adminis- ter following paragraph (3)— case-by-case basis; trator, be extended to be the 3-year period (A) by striking ‘‘That the provisions of (C) shall have an interest rate not to ex- beginning on the later of the date of enact- paragraph (1) of subsection (c)’’ and inserting ceed 1 percentage point above the prime rate ment of this paragraph and August 29, 2007.’’. ‘‘That the provisions of paragraph (1) of sub- of interest that a private lender may charge; (b) TOLLING OF GRADUATION.—Section section (d)’’; and (D) shall have no prepayment penalty; 7(j)(10)(C) of the Small Business Act (15 (B) by striking ‘‘Notwithstanding the pro- (E) may only be made to a borrower that U.S.C. 636(j)(10)(C)) is amended by adding at visions of any other law the interest rate on meets the requirements for a loan under sec- the end the following: the Administration’s share of any loan made tion 7(b) of the Small Business Act (15 U.S.C. ‘‘(iii)(I) For purposes of this subparagraph, under subsection (b) except as provided in 636(b)); if the Administrator designates an area as a subsection (c),’’ and inserting ‘‘Notwith- (F) may be refinanced as part of any subse- HUBZone under section 3(p)(4)(E)(i)(II), the standing any other provision of law, and ex- quent disaster assistance provided under sec- Administrator shall not count the time pe- cept as provided in subsection (d), the inter- tion 7(b) of the Small Business Act; riod described in subclause (II) of this clause est rate on the Administration’s share of any (G) may receive expedited loss verification for any small business concern— loan made under subsection (b)’’. and loan processing, if the applicant is— ‘‘(aa) that is participating in any program, SEC. 204. EXPEDITED DISASTER ASSISTANCE (i) a major source of employment in the activity, or contract under section 8(a); and LOAN PROGRAM. disaster area (which shall be determined in ‘‘(bb) the principal place of business of (a) DEFINITIONS.—In this section— the same manner as under section 7(b)(3)(B) which is located in that area.

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‘‘(II) The time period for purposes of sub- (1) IN GENERAL.—Each day during a dis- the Committee on Small Business of the clause (I)— aster update period, excluding Federal holi- House of Representatives regarding Federal ‘‘(aa) shall be the 2-year period beginning days and weekends, the Administration shall contracts awarded as a result of that major on the date that the applicable catastrophic provide to the Committee on Small Business disaster. national disaster was declared under section and Entrepreneurship of the Senate and to (2) CONTENTS.—Each report submitted 7(b)(11); and the Committee on Small Business of the under paragraph (1) shall include— ‘‘(bb) may, at the discretion of the Admin- House of Representatives a report on the op- (A) the total number of contracts awarded istrator, be extended to be the 3-year period eration of the disaster loan program of the as a result of that major disaster; beginning on the date described in item Administration for the area in which the (B) the total number of contracts awarded (aa).’’. President declared a major disaster. to small business concerns as a result of that (c) STUDY OF HUBZONE DISASTER AREAS.— (2) CONTENTS.—Each report under para- major disaster; Not later than 1 year after the date of enact- graph (1) shall include— (C) the total number of contracts awarded ment of this Act, the Comptroller General of (A) the number of Administration staff to women and minority-owned businesses as the United States shall submit a report to performing loan processing, field inspection, a result of that major disaster; and the Committee on Small Business and Entre- and other duties for the declared disaster, (D) the total number of contracts awarded preneurship of the Senate and the Com- and the allocations of such staff in the dis- to local businesses as a result of that major mittee on Small Business of the House of aster field offices, disaster recovery centers, disaster. Representatives evaluating the designation workshops, and other Administration offices (e) REPORT ON LOAN APPROVAL RATE.— by the Administrator of catastrophic na- nationwide; (1) IN GENERAL.—Not later than 6 months tional disaster areas, as that term is defined (B) the daily number of applications re- after the date of enactment of this Act, the in section 3(p)(4)(E) of the Small Business ceived from applicants in the relevant area, Administrator shall submit a report to the Act (as added by this Act), as HUBZones. as well as a breakdown of such figures by Committee on Small Business and Entrepre- TITLE III—DISASTER ASSISTANCE State; neurship of the Senate and the Committee OVERSIGHT (C) the daily number of applications pend- on Small Business of the House of Represent- SEC. 301. CONGRESSIONAL OVERSIGHT. ing application entry from applicants in the atives detailing how the Administration can (a) MONTHLY ACCOUNTING REPORT TO CON- relevant area, as well as a breakdown of such improve the processing of applications under GRESS.— figures by State; the disaster loan program of the Administra- (1) REPORTING REQUIREMENTS.—Not later (D) the daily number of applications with- tion. than the fifth business day of each month drawn by applicants in the relevant area, as (2) CONTENTS.—The report submitted under during the applicable period for a major dis- well as a breakdown of such figures by State; paragraph (1) shall include— aster, the Administrator shall provide to the (E) the daily number of applications sum- (A) recommendations, if any, regarding— Committee on Small Business and Entrepre- marily declined by the Administration from (i) staffing levels during a major disaster; neurship and the Committee on Appropria- applicants in the relevant area, as well as a (ii) how to improve the process for proc- tions of the Senate and to the Committee on breakdown of such figures by State; essing, approving, and disbursing loans under Small Business and the Committee on Ap- (F) the daily number of applications de- the disaster loan program of the Administra- propriations of the House of Representatives clined by the Administration from appli- tion, to ensure that the maximum assistance a report on the operation of the disaster loan cants in the relevant area, as well as a is provided to victims in a timely manner; program authorized under section 7 of the breakdown of such figures by State; (iii) the viability of using alternative Small Business Act (15 U.S.C. 636) for that (G) the daily number of applications in methods for assessing the ability of an appli- major disaster during the preceding month. process from applicants in the relevant area, cant to repay a loan, including the credit (2) CONTENTS.—Each report under para- as well as a breakdown of such figures by score of the applicant on the day before the graph (1) shall include— State; date on which the disaster for which the ap- (A) the daily average lending volume, in (H) the daily number of applications ap- plicant is seeking assistance was declared; number of loans and dollars, and the percent proved by the Administration from appli- (iv) methods, if any, for the Administra- by which each category has increased or de- cants in the relevant area, as well as a tion to expedite loss verification and loan creased since the previous report under para- breakdown of such figures by State; processing of disaster loans during a major graph (1); (I) the daily dollar amount of applications disaster for businesses affected by, and lo- (B) the weekly average lending volume, in approved by the Administration from appli- cated in the area for which the President de- number of loans and dollars, and the percent cants in the relevant area, as well as a clared, the major disaster that are a major by which each category has increased or de- breakdown of such figures by State; source of employment in the area or are creased since the previous report under para- (J) the daily amount of loans dispersed, vital to recovery efforts in the region (in- graph (1); both partially and fully, by the Administra- cluding providing debris removal services, (C) the amount of funding spent over the tion to applicants in the relevant area, as manufactured housing, or building mate- month for loans, both in appropriations and well as a breakdown of such figures by State; rials); program level, and the percent by which (K) the daily dollar amount of loans dis- (v) legislative changes, if any, needed to each category has increased or decreased bursed, both partially and fully, from the implement findings from the Accelerated since the previous report under paragraph relevant area, as well as a breakdown of such Disaster Response Initiative of the Adminis- (1); figures by State; tration; and (D) the amount of funding available for (L) the number of applications approved, (vi) a description of how the Administra- loans, both in appropriations and program including dollar amount approved, as well as tion plans to integrate and coordinate the level, and the percent by which each cat- applications partially and fully disbursed, response to a major disaster with the tech- egory has increased or decreased since the including dollar amounts, since the last re- nical assistance programs of the Administra- previous report under paragraph (1), noting port under paragraph (1); and tion; and the source of any additional funding; (M) the declaration date, physical damage (B) the plans of the Administrator for im- (E) an estimate of how long the available closing date, economic injury closing date, plementing any recommendation made under funding for such loans will last, based on the and number of counties included in the dec- subparagraph (A). spending rate; laration of a major disaster. TITLE IV—ENERGY EMERGENCIES (F) the amount of funding spent over the (c) NOTICE OF THE NEED FOR SUPPLEMENTAL month for staff, along with the number of FUNDS.—On the same date that the Adminis- SEC. 401. FINDINGS. staff, and the percent by which each cat- trator notifies any committee of the Senate Congress finds that— egory has increased or decreased since the or the House of Representatives that supple- (1) a significant number of small business previous report under paragraph (1); mental funding is necessary for the disaster concerns in the United States, nonfarm as (G) the amount of funding spent over the loan program of the Administration in any well as agricultural producers, use heating month for administrative costs, and the per- fiscal year, the Administrator shall notify in oil, natural gas, propane, or kerosene to heat cent by which such spending has increased or writing the Committee on Small Business their facilities and for other purposes; decreased since the previous report under and Entrepreneurship of the Senate and the (2) a significant number of small business paragraph (1); Committee on Small Business of the House concerns in the United States sell, dis- (H) the amount of funding available for sal- of Representatives regarding the need for tribute, market, or otherwise engage in com- aries and expenses combined, and the percent supplemental funds for that loan program. merce directly related to heating oil, natural by which such funding has increased or de- (d) REPORT ON CONTRACTING.— gas, propane, and kerosene; and creased since the previous report under para- (1) IN GENERAL.—Not later than 6 months (3) significant increases in the price of graph (1), noting the source of any additional after the date on which the President de- heating oil, natural gas, propane, or ker- funding; and clares a major disaster, and every 6 months osene— (I) an estimate of how long the available thereafter until the date that is 18 months (A) disproportionately harm small business funding for salaries and expenses will last, after the date on which the major disaster concerns dependent on those fuels or that based on the spending rate. was declared, the Administrator shall submit use, sell, or distribute those fuels in the ordi- (b) DAILY DISASTER UPDATES TO CONGRESS a report to the Committee on Small Business nary course of their business, and can cause FOR PRESIDENTIALLY DECLARED DISASTERS.— and Entrepreneurship of the Senate and to them substantial economic injury;

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10950 CONGRESSIONAL RECORD — SENATE August 3, 2007 (B) can negatively affect the national suffered economic injury as a result of such mining a significant increase in the price of economy and regional economies; increase and are in need of financial assist- kerosene under section 7(b)(12)(A)(iv)(II) of (C) have occurred in the winters of 1983 to ance which is not otherwise available on rea- the Small Business Act, as added by this 1984, 1988 to 1989, 1996 to 1997, 1999 to 2000, 2000 sonable terms in that State, and upon re- Act. to 2001, and 2004 to 2005; and ceipt of such certification, the Administra- SEC. 405. REPORTS. (D) can be caused by a host of factors, in- tion may make such loans as would have (a) SMALL BUSINESS ADMINISTRATION.—Not cluding international conflicts, global or re- been available under this paragraph if a dis- later than 12 months after the date on which gional supply difficulties, weather condi- aster declaration had been issued. the Administrator issues guidelines under tions, insufficient inventories, refinery ca- ‘‘(F) USE OF FUNDS.—Notwithstanding any section 404, and annually thereafter until the pacity, transportation, and competitive other provision of law, loans made under this date that is 12 months after the end of the ef- structures in the markets, causes that are paragraph may be used by a small business fective period of section 7(b)(12) of the Small often unforeseeable to, and beyond the con- concern described in subparagraph (B) to Business Act, as added by this Act, the Ad- trol of, those who own and operate small convert from the use of heating fuel to a re- ministrator shall submit to the Committee business concerns. newable or alternative energy source, includ- on Small Business and Entrepreneurship of SEC. 402. SMALL BUSINESS ENERGY EMERGENCY ing agriculture and urban waste, geothermal the Senate and the Committee on Small DISASTER LOAN PROGRAM. energy, cogeneration, solar energy, wind en- Business of the House of Representatives, a (a) IN GENERAL.—Section 7(b) of the Small ergy, or fuel cells.’’. report on the effectiveness of the assistance Business Act (15 U.S.C. 636(b)) is amended by (b) CONFORMING AMENDMENTS RELATING TO made available under section 7(b)(12) of the inserting after paragraph (11), as added by HEATING FUEL.—Section 3(k) of the Small Small Business Act, as added by this Act, in- this Act, the following: Business Act (15 U.S.C. 632(k)) is amended— cluding— ‘‘(12) ENERGY EMERGENCIES.— (1) by inserting ‘‘, significant increase in (1) the number of small business concerns ‘‘(A) DEFINITIONS.—In this paragraph— the price of heating fuel’’ after ‘‘civil dis- ‘‘(i) the term ‘base price index’ means the that applied for a loan under such section orders’’; and and the number of those that received such moving average of the closing unit price on (2) by inserting ‘‘other’’ before ‘‘eco- the New York Mercantile Exchange for heat- loans; nomic’’. (2) the dollar value of those loans; ing oil, natural gas, or propane for the 10 (c) EFFECTIVE PERIOD.—The amendments days, in each of the most recent 2 preceding (3) the States in which the small business made by this section shall apply during the concerns that received such loans are lo- years, which correspond to the trading days 4-year period beginning on the date on which described in clause (ii); cated; guidelines are published by the Adminis- (4) the type of heating fuel or energy that ‘‘(ii) the term ‘current price index’ means trator under section 404. the moving average of the closing unit price caused the significant increase in the cost on the New York Mercantile Exchange, for SEC. 403. AGRICULTURAL PRODUCER EMER- for the participating small business con- GENCY LOANS. the 10 most recent trading days, for con- cerns; and (a) IN GENERAL.—Section 321(a) of the Con- tracts to purchase heating oil, natural gas, (5) recommendations for ways to improve or propane during the subsequent calendar solidated Farm and Rural Development Act the assistance provided under such section month, commonly known as the ‘front (7 U.S.C. 1961(a)) is amended— 7(b)(12), if any. month’; (1) in the first sentence— (b) DEPARTMENT OF AGRICULTURE.—Not ‘‘(iii) the term ‘heating fuel’ means heat- (A) by striking ‘‘operations have’’ and in- later than 12 months after the date on which ing oil, natural gas, propane, or kerosene; serting ‘‘operations (i) have’’; and the Secretary of Agriculture issues guide- and (B) by inserting before ‘‘: Provided,’’ the lines under section 404, and annually there- ‘‘(iv) the term ‘significant increase’ following: ‘‘, or (ii)(I) are owned or operated after until the date that is 12 months after means— by such an applicant that is also a small the end of the effective period of the amend- ‘‘(I) with respect to the price of heating oil, business concern (as defined in section 3 of ments made to section 321(a) of the Consoli- natural gas, or propane, any time the cur- the Small Business Act (15 U.S.C. 632)), and dated Farm and Rural Development Act (7 rent price index exceeds the base price index (II) have suffered or are likely to suffer sub- U.S.C. 1961(a)) by this title, the Secretary by not less than 40 percent; and stantial economic injury on or after October shall submit to the Committee on Small ‘‘(II) with respect to the price of kerosene, 1, 2004, as the result of a significant increase Business and Entrepreneurship and the Com- any increase which the Administrator, in in energy costs or input costs from energy mittee on Agriculture, Nutrition, and For- consultation with the Secretary of Energy, sources occurring on or after October 1, 2004, estry of the Senate and the Committee on determines to be significant. in connection with an energy emergency de- Small Business and the Committee on Agri- ‘‘(B) AUTHORIZATION.—The Administration clared by the President or the Secretary’’; culture of the House of Representatives, a re- may make such loans, either directly or in (2) in the third sentence, by inserting be- port that— cooperation with banks or other lending in- fore the period at the end the following: ‘‘or (1) describes the effectiveness of the assist- stitutions through agreements to participate by an energy emergency declared by the ance made available under section 321(a) of on an immediate or deferred basis, to assist President or the Secretary’’; and the Consolidated Farm and Rural Develop- a small business concern that has suffered or (3) in the fourth sentence— ment Act (7 U.S.C. 1961(a)); and that is likely to suffer substantial economic (A) by inserting ‘‘or energy emergency’’ (2) contains recommendations for ways to injury as the result of a significant increase after ‘‘natural disaster’’ each place that improve the assistance provided under such in the price of heating fuel occurring on or term appears; and section 321(a), if any. after October 1, 2004. (B) by inserting ‘‘or declaration’’ after ‘‘(C) INTEREST RATE.—Any loan or guar- ‘‘emergency designation’’. SA 2651. Mr. REID (for Mr. BOND) antee extended under this paragraph shall be (b) FUNDING.—Funds available on the date proposed an amendment to amendment of enactment of this Act for emergency loans made at the same interest rate as economic SA 2650 proposed by Mr. REID (for Mr. injury loans under paragraph (2). under subtitle C of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et KERRY) to the bill S. 163, to improve ‘‘(D) MAXIMUM AMOUNT.—No loan may be the disaster loan program of the Small made under this paragraph, either directly seq.) shall be available to carry out the or in cooperation with banks or other lend- amendments made by subsection (a) to meet Business Administration, and for other ing institutions through agreements to par- the needs resulting from energy emer- purposes; as follows: ticipate on an immediate or deferred basis, if gencies. On page 50, strike line 15 and all that fol- the total amount outstanding and com- (c) EFFECTIVE PERIOD.—The amendments lows through page 60, line 3. mitted to the borrower under this subsection made by this section shall apply during the would exceed $1,500,000, unless such borrower 4-year period beginning on the date on which SA 2652. Mr. REID (for Mr. COBURN) constitutes a major source of employment in guidelines are published by the Secretary of proposed an amendment to amendment Agriculture under section 404. its surrounding area, as determined by the SA 2650 proposed by Mr. REID (for Mr. SEC. 404. GUIDELINES AND RULEMAKING. Administrator, in which case the Adminis- KERRY) to the bill S. 163, to improve trator, in the discretion of the Adminis- (a) GUIDELINES.—Not later than 30 days the disaster loan program of the Small trator, may waive the $1,500,000 limitation. after the date of enactment of this Act, the ‘‘(E) DECLARATIONS.—For purposes of as- Administrator and the Secretary of Agri- Business Administration, and for other sistance under this paragraph— culture shall each issue such guidelines as purposes; as follows: ‘‘(i) a declaration of a disaster area based the Administrator or the Secretary, as appli- On page 24, line 2, strike ‘‘shall’’ and insert on conditions specified in this paragraph cable, determines to be necessary to carry ‘‘may’’. shall be required, and shall be made by the out this title and the amendments made by On page 24, strike line 9, and all that fol- President or the Administrator; or this title. lows through page 28, line 5, and insert the ‘‘(ii) if no declaration has been made under (b) RULEMAKING.—Not later than 30 days following: clause (i), the Governor of a State in which after the date of enactment of this Act, the ‘‘(B) REPORT.—In carrying out this sub- a significant increase in the price of heating Administrator, after consultation with the section, if the number of full-time employees fuel has occurred may certify to the Admin- Secretary of Energy, shall promulgate regu- for either the Office of Disaster Assistance or istration that small business concerns have lations specifying the method for deter- the Disaster Cadre of the Administration is

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below the level described in subparagraph On page 28, strike lines 15 through 18 and ‘‘(C) EDGE-INCUSED INSCRIPTIONS.— (A) for that office, not later than 21 days insert the following: ‘‘(i) IN GENERAL.—The inscription of the after the date on which that staffing level ‘‘(A) the term ‘disaster area’ means any year of minting and issuance of the coin and decreased below the level described in sub- area for which the President declared a the inscriptions ‘E Pluribus Unum’ and ‘In paragraph (A), the Administrator shall sub- major disaster (as that term is defined in God We Trust’ shall be edge-incused into the mit to the Committee on Appropriations and section 102 of the Robert T. Stafford Disaster coin. the Committee on Small Business and Entre- Relief and Emergency Assistance Act (42 ‘‘(ii) PRESERVATION OF DISTINCTIVE EDGE.— preneurship of the Senate and the Com- U.S.C. 5122)) that subsequently results in the The edge-incusing of the inscriptions under mittee on Appropriations and Committee on President making a catastrophic national clause (i) on coins issued under this sub- Small Business of the House of Representa- disaster declaration under subsection (b)(11); section shall be done in a manner that pre- tives, a report— On page 34, lines 8 and 9, strike ‘‘a disaster serves the distinctive edge of the coin so ‘‘(i) detailing staffing levels on that date; declaration is made’’ and inserting ‘‘the that the denomination of the coin is readily ‘‘(ii) requesting, if practicable and deter- President makes a catastrophic disaster dec- discernible, including by individuals who are mined appropriate by the Administrator, ad- laration under paragraph (11) of section 7(b) blind or visually impaired. ditional funds for additional employees; and of the Small Business Act (15 U.S.C. 636(b)), ‘‘(D) REVERSE DESIGN SELECTION.—The de- ‘‘(iii) containing such additional informa- as added by this Act,’’ signs selected for the reverse of the coins de- tion, as determined appropriate by the Ad- On page 34, lines 20 and 21, strike ‘‘under scribed under this subsection— ministrator.’’. section 7(b) of the Small Business Act (15 ‘‘(i) shall be chosen by the Secretary after TITLE II—DISASTER LENDING U.S.C. 636(b))’’ and insert ‘‘under paragraph consultation with the Committee on Indian SEC. 201. CATASTROPHIC NATIONAL DISASTER (11) of section 7(b) of the Small Business Act Affairs of the Senate, the Congressional Na- (15 U.S.C. 636(b)), as added by this Act’’. DECLARATION. tive American Caucus of the House of Rep- Section 7(b) of the Small Business Act (15 resentatives, the Commission of Fine Arts, SA 2653. Mr. REID (for Mr. DODD (for U.S.C. 636(b)) is amended by inserting imme- and the National Congress of American Indi- himself and Mr. REED)) proposed an diately after paragraph (10), as added by this ans; Act, the following: amendment to the bill H.R. 2358, to re- ‘‘(ii) shall be reviewed by the Citizens ‘‘(11) CATASTROPHIC NATIONAL DISASTERS.— quire the Secretary of the Treasury to Coinage Advisory Committee; ‘‘(A) IN GENERAL.—The President may mint and issue coins in commemora- ‘‘(iii) may depict individuals and events make a catastrophic national disaster dec- tion of Native Americans and the im- such as— laration in accordance with this paragraph. portant contributions made by Indian ‘‘(I) the creation of Cherokee written lan- ‘‘(B) PROMULGATION OF RULES.— tribes and individual Native Americans guage; ‘‘(i) IN GENERAL.—Not later than 6 months ‘‘(II) the Iroquois Confederacy; after the date of enactment of this para- to the development of the United ‘‘(III) Wampanoag Chief Massasoit; graph, the Administrator, with the concur- States and the history of the United ‘‘(IV) the ‘Pueblo Revolt’; rence of the Secretary of Homeland Security States, and for other purposes; as fol- ‘‘(V) Olympian Jim Thorpe; and the Administrator of the Federal Emer- lows: ‘‘(VI) Ely S. Parker, a general on the staff gency Management Agency, shall promul- Strike all after the enacting clause and in- of General Ulysses S. Grant and later head of gate regulations establishing a threshold for sert the following: the Bureau of Indian Affairs; and a catastrophic national disaster declaration. SECTION 1. SHORT TITLE. ‘‘(VII) code talkers who served the United ‘‘(ii) CONSIDERATIONS.—In promulgating This Act may be cited as the ‘‘Native States Armed Forces during World War I and the regulations required under clause (i), the World War II; and Administrator shall establish a threshold American $1 Coin Act’’. that— SEC. 2. NATIVE AMERICAN $1 COIN PROGRAM. ‘‘(iv) in the case of a design depicting the ‘‘(I) is similar in size and scope to the Section 5112 of title 31, United States Code, contribution of an individual Native Amer- events relating to the terrorist attacks of is amended by adding at the end the fol- ican to the development of the United States September 11, 2001, and Hurricane Katrina of lowing: and the history of the United States, shall 2005; ‘‘(r) REDESIGN AND ISSUANCE OF CIRCU- not depict the individual in a size such that ‘‘(II) requires that the President declares a LATING $1 COINS HONORING NATIVE AMERICANS the coin could be considered to be a ‘2-head- major disaster before making a catastrophic AND THE IMPORTANT CONTRIBUTIONS MADE BY ed’ coin. national disaster declaration under this INDIAN TRIBES AND INDIVIDUAL NATIVE AMERI- ‘‘(3) ISSUANCE OF COINS COMMEMORATING 1 paragraph; CANS IN UNITED STATES HISTORY.— NATIVE AMERICAN EVENT DURING EACH YEAR.— ‘‘(III) requires consideration of— ‘‘(1) REDESIGN BEGINNING IN 2008.— ‘‘(A) IN GENERAL.—Each design for the re- ‘‘(aa) the dollar amount per capita of dam- ‘‘(A) IN GENERAL.—Effective beginning Jan- verse of the $1 coins issued during each year age to the State, its political subdivisions, or uary 1, 2008, notwithstanding subsection (d), shall be emblematic of 1 important Native a region; in addition to the coins to be issued pursuant American or Native American contribution ‘‘(bb) the number of small business con- to subsection (n), and in accordance with each year. cerns damaged, physically or economically, this subsection, the Secretary shall mint and ‘‘(B) ISSUANCE PERIOD.—Each $1 coin mint- as a direct result of the event; issue $1 coins that— ed with a design on the reverse in accordance ‘‘(cc) the number of individuals and house- ‘‘(i) have as the designs on the obverse the with this subsection for any year shall be holds displaced from their predisaster resi- so-called ‘Sacagawea design’; and issued during the 1-year period beginning on dences by the event; ‘‘(ii) have a design on the reverse selected January 1 of that year and shall be available ‘‘(dd) the severity of the impact on employ- in accordance with paragraph (2)(A), subject throughout the entire 1-year period. ment rates in the State, its political subdivi- to paragraph (3)(A). ‘‘(C) ORDER OF ISSUANCE OF DESIGNS.—Each sions, or a region; ‘‘(B) DELAYED DATE.—If the date of the en- coin issued under this subsection commemo- ‘‘(ee) the anticipated length and difficulty actment of the Native American $1 Coin Act rating Native Americans and their contribu- of the recovery process; is after August 25, 2007, subparagraph (A) tions— ‘‘(ff) whether the events leading to the rel- shall be applied by substituting ‘2009’ for ‘‘(i) shall be issued, to the maximum ex- evant major disaster declaration are of an ‘2008’. tent practicable, in the chronological order unusually large and calamitous nature that ‘‘(2) DESIGN REQUIREMENTS.—The $1 coins in which the Native Americans lived or the is orders of magnitude larger than for an av- issued in accordance with paragraph (1) shall events occurred, until the termination of the erage major disaster; and meet the following design requirements: coin program described in subsection (n); and ‘‘(gg) any other factor determined relevant ‘‘(A) COIN REVERSE.—The design on the re- ‘‘(ii) thereafter shall be issued in any order by the Administrator. verse shall bear— determined to be appropriate by the Sec- ‘‘(C) AUTHORIZATION.—If the President ‘‘(i) images celebrating the important con- retary, after consultation with the Com- makes a catastrophic national disaster dec- tributions made by Indian tribes and indi- mittee on Indian Affairs of the Senate, the laration under this paragraph, the Adminis- vidual Native Americans to the development Congressional Native American Caucus of trator may make such loans under this para- of the United States and the history of the the House of Representatives, and the Na- graph (either directly or in cooperation with United States; tional Congress of American Indians. banks or other lending institutions through ‘‘(ii) the inscription ‘$1’ ; and ‘‘(4) ISSUANCE OF NUMISMATIC COINS.—The agreements to participate on an immediate ‘‘(iii) the inscription ‘United States of Secretary may mint and issue such number or deferred basis) as the Administrator de- America’. of $1 coins of each design selected under this termines appropriate to small business con- ‘‘(B) COIN OBVERSE.—The design on the ob- subsection in uncirculated and proof quali- cerns located anywhere in the United States verse shall— ties as the Secretary determines to be appro- that are economically adversely impacted as ‘‘(i) be chosen by the Secretary, after con- priate. a result of that catastrophic national dis- sultation with the Commission of Fine Arts ‘‘(5) QUANTITY.—The number of $1 coins aster. and review by the Citizens Coinage Advisory minted and issued in a year with the ‘‘(D) LOAN TERMS.—A loan under this para- Committee; and Sacagawea-design on the obverse shall be not graph shall be made on the same terms as a ‘‘(ii) contain the so-called ‘Sacagawea de- less than 20 percent of the total number of $1 loan under paragraph (2).’’. sign’ and the inscription ‘Liberty’. coins minted and issued in such year.’’.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10952 CONGRESSIONAL RECORD — SENATE August 3, 2007 SEC. 3. TECHNICAL AND CONFORMING AMEND- example, the adoption of the electronic dis- particular types of matters to be withheld; MENTS. semination of newspapers through tele- or Section 5112(n)(1) of title 31, United States communications services), such alternative ‘‘(B) if enacted after the date of enactment Code, is amended— media shall be considered to be news-media of the OPEN Government Act of 2007, specifi- (1) by striking the paragraph designation entities. A freelance journalist shall be re- cally cites to the Freedom of Information and heading and all that follows through garded as working for a newsmedia entity if Act.’’. ‘‘Notwithstanding subsection (d)’’ and insert- the journalist can demonstrate a solid basis (g) PRIVATE RECORDS MANAGEMENT.—At ing the following: for expecting publication through that enti- page 13, lines 14 through 15, strike ‘‘a con- ‘‘(1) REDESIGN BEGINNING IN 2007.—Notwith- ty, whether or not the journalist is actually tract between the agency and the entity.’’ standing subsection (d)’’; employed by the entity. A publication con- and insert ‘‘Government contract, for the (2) by striking subparagraph (B); and tract would present a solid basis for such an purposes of records management.’’. (3) by redesignating clauses (i) and (ii) as expectation; the Government may also con- (h) POLICY REVIEWS, AUDITS, AND CHIEF subparagraphs (A) and (B), respectively, and sider the past publication record of the re- FOIA OFFICERS AND PUBLIC LIAISONS.— indenting the subparagraphs appropriately. quester in making such a determination.’’. Strike section 11 and insert the following: SEC. 4. REMOVAL OF BARRIERS TO CIRCULATION (b) ATTORNEYS’ FEES.—At page 5, strike ‘‘SEC. 11. OFFICE OF GOVERNMENT INFORMA- OF $1 COIN. lines 1 through 7 and insert: TION SERVICES. ‘‘(a) IN GENERAL.—Section 552 of title 5, (a) IN GENERAL.—In order to remove bar- ‘‘(1) a judicial order, or an enforceable United States Code, is amended by adding at riers to circulation, the Secretary of the written agreement or consent decree; or the end the following: Treasury shall carry out an aggressive, cost- (II) a voluntary or unilateral change in po- ‘‘(h) There is established the Office of Gov- effective, continuing campaign to encourage sition by the agency, provided that the com- ernment Information Services within the Na- commercial enterprises to accept and dis- plainant’s claim is not insubstantial.’’. tional Archives and Records Administration. pense $1 coins that have as designs on the ob- (c) COMMENCEMENT OF 20-DAY PERIOD AND The Office of Government Information Serv- verse the so-called ‘‘Sacagawea design’’. TOLLING.—At page 6, lines 1 through 7 and in- ices shall review policies and procedures of (b) REPORT.—The Secretary of the Treas- sert: administrative agencies under section 552, ury shall submit to Congress an annual re- ‘‘(1) IN GENERAL.—Section 552(a)(6)(A)(i) of shall review compliance with section 552 by port on the success of the efforts described in title 5, United States Code, is amended by administrative agencies, and shall rec- subsection (a). striking ‘‘determination;’’ and inserting: ommend policy changes to Congress and the ‘‘determination. The 20-day period shall com- President to improve the administration of SA 2654. Mr. COLEMAN (for Mr. mence on the date on which the request is section 552. The Office of Government Infor- BOND (for himself, Mr. COLEMAN, and first received by the appropriate component mation Services shall offer mediation serv- Ms. KLOBUCHAR)) proposed an amend- of the agency, but in any event no later than ices to resolve disputes between persons ment to the bill H.R. 3311, Official Title ten days after the request is first received by making requests under section 552 and ad- Not Available; as follows: any component of the agency that is des- ministrative agencies as a non-exclusive al- ignated in the agency’s FOIA regulations to ternative to litigation and, at the discretion In section 1112(b)(1) of the Safe, Account- receive FOIA requests. The 20-day period of the Office, may issue advisory opinions if able, Flexible, Efficient Transportation Eq- shall not be tolled by the agency except (I) mediation has not resolved the dispute. uity Act: A Legacy for Users (as added by that the agency may make one request to ‘‘(i) The Government Accountability Office section 3), strike subparagraph (B) and insert the requester for information and toll the 20- shall conduct audits of administrative agen- the following: day period while it is awaiting such informa- cies on the implementation of section 552 ‘‘(B) use not to exceed $5,000,000 of the tion that it has reasonably requested from and issue reports detailing the results of funds made available for fiscal year 2007 for the FOIA requester or (II) if necessary to such audits. Federal Transit Administration Discre- clarify with the requester issues regarding ‘‘(j) Each agency shall— tionary Programs, Bus and Bus Facilities fee assessment. In either case, the agency’s ‘‘(1) Designate a Chief FOIA Officer who (without any local matching funds require- receipt of the requester’s response to the shall be a senior official of such agency (at ment) for operating expenses of the Min- agency’s request for information or clarifica- the Assistant Secretary or equivalent level). nesota State department of transportation tion ends the tolling period;’’. GENERAL DUTIES.—The Chief FOIA Officer for actual and necessary costs of mainte- (d) COMPLIANCE WITH TIME LIMITS.—At of each agency shall, subject to the author- nance and operation, less the amount of page 6, strike line 11 and all that follows ity of the head of the agency— fares earned, which are provided by the Met- through page 7, line 4, and insert: ‘‘(A) have agency-wide responsibility for ropolitan Council (of Minnesota) as a tem- ‘‘(b) COMPLIANCE WITH TIME LIMITS— efficient and appropriate compliance with porary substitute for highway traffic service (l)(A) Section 552(a)(4)(A) of title 5, United the FOIA; following the collapse of the Interstate I–35W States Code, is amended by adding at the end ‘‘(B) monitor FOIA implementation bridge in Minneapolis, Minnesota, on August the following: throughout the agency and keep the head of 1, 2007, until highway traffic service is re- ‘‘(viii) An agency shall not assess search the agency, the chief legal officer of the stored on such bridge. fees under this subparagraph if the agency agency, and the Attorney General appro- fails to comply with any time limit under priately informed of the agency’s perform- SA 2655. Mr. REID (for Mr. KYL (for paragraph (6), provided that no unusual or ance in implementing the FOIA; ‘‘(C) recommend to the head of the agency himself and Mr. LEAHY)) proposed an exceptional circumstances (as those terms such adjustments to agency practices, poli- amendment to the bill S. 849, to pro- are defined for purposes of paragraphs (6)(B) cies, personnel, and funding as may be nec- and (C), respectively) apply to the processing mote accessibility, accountability, and essary to improve its implementation of the openness in Government by strength- of the request.’’. (B) Section 552(a)(6)(B)(ii) of title 5, United FOIA; ening section 552 of title 5, United ‘‘(D) review and report to the Attorney States Code, is amended by inserting be- States Code (commonly to as the Free- General, through the head of the agency, at tween the first and second sentences the fol- such times and in such formats as the Attor- dom of Information Act), and for other lowing: purposes; as follows: ney General may direct, on the agency’s per- ‘‘To aid the requester, each agency shall formance in implementing the FOIA; and The bill is amended as follows: make available its FOIA Public Liaison, who ‘‘(E) facilitate public understanding of the (a) NEWS-MEDIA STATUS.—At page 4, strike shall assist in the resolution of any disputes purposes of the FOIA’s statutory exemptions lines 4 though 15 and insert: between the requester and the agency.’’ by including concise descriptions of the ex- ‘‘The term ‘‘a representative of the news (e) STATUS OF REQUESTS.—At page 7: emptions in both the agency’s FOIA hand- media’’ means any person or entity that (1) strike lines 17 through 22 and insert: book issued under section 552(g) of title 5, gathers information of potential interest to ‘‘(A) establish a system to assign an indi- United States Code, and the agency’s annual a segment of the public, uses its editorial vidualized tracking number for each request FOIA report, and by providing an overview, skills to turn the raw materials into a dis- received that will take longer than ten days where appropriate, of certain general cat- tinct work, and distributes that work to an to process and provide to each person mak- egories of agency records to which those ex- audience. The term ‘‘news’’ means informa- ing a request the tracking number assigned emptions apply.’’ tion that is about current events or that to the request; and’’. ‘‘(2) Designate one or more FOIA Public Li- would be of current interest to the public. (2) at line 23, strike ‘‘(C)’’ and insert ‘‘(B)’’. aisons who shall be appointed by the Chief Examples of news-media entities are tele- (f) CLEAR STATEMENT FOR EXEMPTIONS.—At FOIA Officer. vision or radio stations broadcasting to the page 8, strike line 19 and all that follows GENERAL DUTIES.—FOIA Public Liaisons public at large and publishers of periodicals through the end of the section and insert: shall report to the agency Chief FOIA Officer (but only if such entities qualify as dissemi- ‘‘(A) if enacted prior to the date of enact- and shall serve as supervisory officials to nators of ‘‘news’’) who make their products ment of the OPEN Government Act of 2007, whom a FOIA requester can raise concerns available for purchase by or subscription by requires that the matters be withheld from about the service the FOIA requester has re- or free distribution to the general public. the public in such a manner as to leave no ceived from the FOIA Requester Center, fol- These examples are not all-inclusive. More- discretion on the issue, or establishes par- lowing an initial response from the FOIA Re- over, as methods of news delivery evolve (for ticular criteria for withholding or refers to quester Center staff. FOIA Public Liaisons

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10953 shall be responsible for assisting in reducing tion relating to the treatment of de- Sec. 204. Authorization of certain information delays, increasing transparency and under- tainees. disclosures to simplify health cov- standing of the status of requests, and assist- The PRESIDING OFFICER. Without erage determinations. ing in the resolution of disputes.’’ objection, it is so ordered. TITLE III—REDUCING BARRIERS TO ‘‘(b) EFFECTIVE DATE.—The amendments ENROLLMENT made by this section shall take effect on the f Sec. 301. Verification of declaration of citizen- date of enactment of this Act.’’. SMALL BUSINESS TAX RELIEF ship or nationality for purposes of (i) CRITICAL INFRASTRUCTURE INFORMA- ACT OF 2007 eligibility for Medicaid and CHIP. TION.—Strike section 12 of the bill. On Thursday, August 2, 2007, the Sen- Sec. 302. Reducing administrative barriers to f ate passed H.R. 976, as amended, as fol- enrollment. lows: TITLE IV—REDUCING BARRIERS TO NOTICE OF HEARING PROVIDING PREMIUM ASSISTANCE H.R. 976 COMMITTEE ON ENERGY AND NATURAL Resolved, That the bill from the House of Subtitle A—Additional State Option for RESOURCES Representatives (H.R. 976) entitled ‘‘An Act Providing Premium Assistance Mr. BINGAMAN. Mr. President, I to amend the Internal Revenue Code of 1986 Sec. 401. Additional State option for providing would like to announce for the infor- to provide tax relief for small businesses, and premium assistance. mation of the Senate and the public for other purposes.’’, do pass with the fol- Sec. 402. Outreach, education, and enrollment that a hearing has been scheduled be- lowing amendments: assistance. fore the Committee on Energy and Nat- Strike out all after the enacting clause and Subtitle B—Coordinating Premium Assistance ural Resources, Subcommittee on Pub- insert: With Private Coverage lic Lands and Forests. SECTION 1. SHORT TITLE; AMENDMENTS TO SO- Sec. 411. Special enrollment period under group CIAL SECURITY ACT; REFERENCES; health plans in case of termi- The hearing will be held on Sep- TABLE OF CONTENTS. nation of Medicaid or CHIP cov- tember 20, 2007, at 2:30 p.m. in room (a) SHORT TITLE.—This Act may be cited as SD–366 of the Dirksen Senate Office the ‘‘Children’s Health Insurance Program Re- erage or eligibility for assistance authorization Act of 2007’’. in purchase of employment-based Building. coverage; coordination of cov- The purpose of the hearing is to re- (b) AMENDMENTS TO SOCIAL SECURITY ACT.— Except as otherwise specifically provided, when- erage. ceive testimony on several bills, in- ever in this Act an amendment is expressed in TITLE V—STRENGTHENING QUALITY OF cluding: S. 1377, to direct the Secretary terms of an amendment to or repeal of a section CARE AND HEALTH OUTCOMES OF CHIL- of the Interior to convey to the City of or other provision, the reference shall be consid- DREN Henderson, Nevada, certain Federal ered to be made to that section or other provi- Sec. 501. Child health quality improvement ac- land located in the City, and for other sion of the Social Security Act. tivities for children enrolled in purposes; S. 1433, to amend the Alaska (c) REFERENCES TO MEDICAID; CHIP; SEC- Medicaid or CHIP. National Interest Lands Conservation RETARY.—In this Act: Sec. 502. Improved information regarding access (1) CHIP.—The term ‘‘CHIP’’ means the State to coverage under CHIP. Act to provide competitive status to Children’s Health Insurance Program estab- certain Federal employees in the State Sec. 503. Application of certain managed care lished under title XXI of the Social Security Act quality safeguards to CHIP. of Alaska; S. 1608 and H.R. 815, to pro- (42 U.S.C. 1397aa et seq.). vide for the! conveyance of certain land (2) MEDICAID.—The term ‘‘Medicaid’’ means TITLE VI—MISCELLANEOUS in Clark County, Nevada, for use by the the program for medical assistance established Sec. 601. Technical correction regarding current Nevada National Guard S. 1740, to under title XIX of the Social Security Act (42 State authority under Medicaid. amend the Act of February 22, 1889, and U.S.C. 1396 et seq.). Sec. 602. Payment error rate measurement (3) SECRETARY.—The term ‘‘Secretary’’ means (‘‘PERM’’). the Act of July 2, 1862, to provide for the Secretary of Health and Human Services. Sec. 603. Elimination of counting medicaid child the management of public land trust (d) TABLE OF CONTENTS.—The table of con- presumptive eligibility costs funds in the State of North Dakota; S. tents for this Act is as follows: against title XXI allotment. 1802, to adjust the boundaries of the Sec. 1. Short title; amendments to Social Secu- Sec. 604. Improving data collection. Frank Church River of No Return Wil- rity Act; references; table of con- Sec. 605. Deficit Reduction Act technical correc- derness in the State of Idaho; S. 1803, tents. tions. to authorize the exchange of certain TITLE I—FINANCING OF CHIP Sec. 606. Elimination of confusing program ref- land located in the State of Idaho, and Sec. 101. Extension of CHIP. erences. Sec. 607. Mental health parity in CHIP plans. for other purposes; S. 1939, to provide Sec. 102. Allotments for the 50 States and the District of Columbia. Sec. 608. Dental health grants. for the conveyance of certain land in Sec. 103. One-time appropriation. Sec. 609. Application of prospective payment the Santa Fe National Forest, New Sec. 104. Improving funding for the territories system for services provided by Mexico; and S. 1940, to reauthorize the under CHIP and Medicaid. Federally-qualified health centers Rio Puerco Watershed Management Sec. 105. Incentive bonuses for States. and rural health clinics. Program, and for other purposes. Sec. 106. Phase-out of coverage for nonpreg- Sec. 610. Support for injured servicemembers. Because of the limited time available nant childless adults under CHIP; Sec. 611. Military family job protection. conditions for coverage of par- for the hearing, witnesses may testify Sec. 612. Sense of Senate regarding access to af- ents. fordable and meaningful health by invitation only. However, those Sec. 107. State option to cover low-income preg- insurance coverage. wishing to submit written testimony nant women under CHIP through Sec. 613. Demonstraion projects relating to dia- for the hearing record should send it to a State plan amendment. betes prevention. the Committee on Energy and Natural Sec. 108. CHIP Contingency fund. Sec. 614. Outreach regarding health insurance Resources, United States Senate, Sec. 109. Two-year availability of allotments; options available to children. expenditures counted against old- Washington, DC 20510–6150, or by email est allotments. TITLE VII—REVENUE PROVISIONS to rachel_pasternack@energy. sen- Sec. 110. Limitation on matching rate for States Sec. 701. Increase in excise tax rate on tobacco ate.gov. that propose to cover children products. For further information, please con- with effective family income that Sec. 702. Administrative improvements. tact David Brooks or Rachel exceeds 300 percent of the poverty Sec. 703. Time for payment of corporate esti- Pasternack. line. mated taxes. Sec. 111. Option for qualifying States to receive TITLE VIII—EFFECTIVE DATE f the enhanced portion of the CHIP Sec. 801. Effective date. matching rate for Medicaid cov- AUTHORITY FOR COMMITTEES TO erage of certain children. TITLE I—FINANCING OF CHIP MEET TITLE II—OUTREACH AND ENROLLMENT SEC. 101. EXTENSION OF CHIP. COMMITTEE ON ARMED SERVICES Sec. 201. Grants for outreach and enrollment. Section 2104(a) (42 U.S.C. 1397dd(a)) is amend- Mr. DORGAN. Mr. President, I ask Sec. 202. Increased outreach and enrollment of ed— unanimous consent that the Commiitee Indians. (1) in paragraph (9), by striking ‘‘and’’ at the Sec. 203. Demonstration program to permit end; on Armed Services be authorized to States to rely on findings by an (2) in paragraph (10), by striking the period at meet during the session of the Senate Express Lane agency to determine the end and inserting a semicolon; and on Friday, August 3, 2007, at 8 a.m. in components of a child’s eligibility (3) by adding at the end the following new executive session to receive informa- for Medicaid or CHIP. paragraphs:

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 6333 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10954 CONGRESSIONAL RECORD — SENATE August 3, 2007 ‘‘(11) for fiscal year 2008, $9,125,000,000; the annual adjustment determined under sub- ‘‘(i) the available national allotment for the ‘‘(12) for fiscal year 2009, $10,675,000,000; paragraph (B) for fiscal year 2008. fiscal year; and ‘‘(13) for fiscal year 2010, $11,850,000,000; ‘‘(ii) The Federal share of the amount allotted ‘‘(ii) the percentage equal to the sum of the ‘‘(14) for fiscal year 2011, $13,750,000,000; and to the State for fiscal year 2007 under subsection State allotment factors for the fiscal year deter- ‘‘(15) for fiscal year 2012, for purposes of mak- (b), multiplied by the annual adjustment deter- mined under paragraph (4) with respect to the ing 2 semi-annual allotments— mined under subparagraph (B) for fiscal year State. ‘‘(A) $1,750,000,000 for the period beginning on 2008. ‘‘(B) SPECIAL RULES BEGINNING IN FISCAL YEAR October 1, 2011, and ending on March 31, 2012, ‘‘(iii) Only in the case of— 2012.—Beginning in fiscal year 2012— and ‘‘(I) a State that received a payment, redis- ‘‘(i) this paragraph shall be applied separately ‘‘(B) $1,750,000,000 for the period beginning on tribution, or allotment under any of paragraphs with respect to each of the periods described in April 1, 2012, and ending on September 30, (1), (2), or (4) of subsection (h), the amount of clauses (i) and (ii) of paragraph (1)(D) and the 2012.’’. the projected total Federal payments to the available national allotment for each such pe- SEC. 102. ALLOTMENTS FOR THE 50 STATES AND State under this title for fiscal year 2007, as de- riod shall be the amount appropriated for such THE DISTRICT OF COLUMBIA. termined on the basis of the November 2006 esti- period (rather than the amount appropriated for (a) IN GENERAL.—Section 2104 (42 U.S.C. mates certified by the State to the Secretary; the entire fiscal year), reduced by the amount of 1397dd) is amended by adding at the end the fol- ‘‘(II) a State whose projected total Federal the allotments made for the fiscal year under lowing new subsection: payments to the State under this title for fiscal subsection (c) for each such period, and ‘‘(i) DETERMINATION OF ALLOTMENTS FOR THE year 2007, as determined on the basis of the May ‘‘(ii) if— ‘‘(I) the sum of the State allotments deter- 50 STATES AND THE DISTRICT OF COLUMBIA FOR 2006 estimates certified by the State to the Sec- mined under paragraph (1)(A)(iii) for either FISCAL YEARS 2008 THROUGH 2012.— retary, were at least $95,000,000 but not more such period exceeds the amount of such avail- ‘‘(1) COMPUTATION OF ALLOTMENT.— than $96,000,000 higher than the projected total able national allotment for such period, the Sec- ‘‘(A) IN GENERAL.—Subject to the succeeding Federal payments to the State under this title paragraphs of this subsection, the Secretary for fiscal year 2007 on the basis of the November retary shall make the allotment for each State shall for each of fiscal years 2008 through 2012 2006 estimates, the amount of the projected total for such period in the same manner as under subparagraph (A), and allot to each subsection (b) State from the avail- Federal payments to the State under this title ‘‘(II) the amount of such available national able national allotment an amount equal to 110 for fiscal year 2007 on the basis of the May 2006 allotment for either such period exceeds the sum percent of— estimates; or of the State allotments determined under para- ‘‘(i) in the case of fiscal year 2008, the highest ‘‘(III) a State whose projected total Federal graph (1)(A)(iii) for such period, the Secretary of the amounts determined under paragraph (2); payments under this title for fiscal year 2007, as shall increase the allotment for each State for ‘‘(ii) in the case of each of fiscal years 2009 determined on the basis of the November 2006 es- such period by the amount that bears the same through 2011, the Federal share of the expendi- timates certified by the State to the Secretary, ratio to such excess as the State’s allotment de- tures determined under subparagraph (B) for exceeded all amounts available to the State for termined under paragraph (1)(A)(iii) for such the fiscal year; and expenditure for fiscal year 2007 (including any period (without regard to this subparagraph) ‘‘(iii) beginning with fiscal year 2012, subject amounts paid, allotted, or redistributed to the bears to the sum of such allotments for all to subparagraph (E), each semi-annual allot- State in prior fiscal years), the amount of the States. ment determined under subparagraph (D). projected total Federal payments to the State ‘‘(4) WEIGHTED FACTORS.— ‘‘(B) PROJECTED STATE EXPENDITURES FOR THE under this title for fiscal year 2007, as deter- ‘‘(A) FACTORS DESCRIBED.—For purposes of FISCAL YEAR.—For purposes of subparagraphs mined on the basis of the November 2006 esti- paragraph (3), the factors described in this sub- (A)(ii) and (D), the expenditures determined mates certified by the State to the Secretary, paragraph are the following: under this subparagraph for a fiscal year are multiplied by the annual adjustment determined ‘‘(i) PROJECTED STATE EXPENDITURES FOR THE the projected expenditures under the State child under subparagraph (B) for fiscal year 2008. FISCAL YEAR.—The ratio of the projected ex- health plan for the fiscal year (as certified by ‘‘(iv) The projected total Federal payments to penditures under the State child health plan for the State and submitted to the Secretary by not the State under this title for fiscal year 2008, as the fiscal year (as certified by the State to the later than August 31 of the preceding fiscal determined on the basis of the August 2007 pro- Secretary by not later than August 31 of the year). jections certified by the State to the Secretary by preceding fiscal year) to the sum of the pro- ‘‘(C) AVAILABLE NATIONAL ALLOTMENT.—For not later than September 30, 2007. jected expenditures under all such plans for all purposes of this subsection, the term ‘available ‘‘(B) ANNUAL ADJUSTMENT FOR HEALTH CARE subsection (b) States for the fiscal year, multi- national allotment’ means, with respect to any COST GROWTH AND CHILD POPULATION GROWTH.— plied by the applicable percentage weight as- fiscal year, the amount available for allotment The annual adjustment determined under this signed under subparagraph (B). under subsection (a) for the fiscal year, reduced subparagraph for a fiscal year with respect to a ‘‘(ii) NUMBER OF LOW-INCOME CHILDREN IN by the amount of the allotments made for the State is equal to the product of the amounts de- THE STATE.—The ratio of the number of low-in- fiscal year under subsection (c). Subject to para- termined under clauses (i) and (ii): come children in the State, as determined on the graph (3)(B), the available national allotment ‘‘(i) PER CAPITA HEALTH CARE GROWTH.—1 basis of the most timely and accurate published with respect to the amount available under sub- plus the percentage increase (if any) in the pro- estimates of the Bureau of the Census, to the section (a)(15)(A) for fiscal year 2012 shall be in- jected nominal per capita amount of National sum of the number of low-income children so de- creased by the amount of the appropriation for Health Expenditures for the calendar year that termined for all subsection (b) States for such the period beginning on October 1 and ending begins during the fiscal year involved over the fiscal year, multiplied by the applicable percent- on March 31 of such fiscal year under section preceding calendar year, as most recently pub- age weight assigned under subparagraph (B). 103 of the Children’s Health Insurance Program lished by the Secretary. ‘‘(iii) PROJECTED STATE EXPENDITURES FOR Reauthorization Act of 2007. ‘‘(ii) CHILD POPULATION GROWTH.—1.01 plus THE PRECEDING FISCAL YEAR.—The ratio of the ‘‘(D) SEMI-ANNUAL ALLOTMENTS.—For pur- the percentage change in the population of chil- projected expenditures under the State child poses of subparagraph (A)(iii), the semi-annual dren under 19 years of age in the State from health plan for the preceding fiscal year (as de- allotments determined under this paragraph July 1 of the fiscal year preceding the fiscal year termined on the basis of the projections certified with respect to a fiscal year are as follows: involved to July 1 of the fiscal year involved, as by the State to the Secretary for November of ‘‘(i) For the period beginning on October 1 determined by the Secretary based on the most the fiscal year), to the sum of the projected ex- and ending on March 31 of the fiscal year, the timely and accurate published estimates of the penditures under all such plans for all sub- Federal share of the portion of the expenditures Bureau of the Census. section (b) States for such preceding fiscal year determined under subparagraph (B) for the fis- ‘‘(C) DEFINITION.—For purposes of subpara- (as so determined), multiplied by the applicable cal year which are allocable to such period. graph (B), the term ‘fiscal year involved’ means percentage weight assigned under subparagraph ‘‘(ii) For the period beginning on April 1 and the fiscal year for which an allotment under (B). ending on September 30 of the fiscal year, the this subsection is being determined. ‘‘(iv) ACTUAL STATE EXPENDITURES FOR THE Federal share of the portion of the expenditures ‘‘(D) PRORATION RULE.—If, after the applica- SECOND PRECEDING FISCAL YEAR.—The ratio of determined under subparagraph (B) for the fis- tion of this paragraph without regard to this the actual expenditures under the State child cal year which are allocable to such period. subparagraph, the sum of the State allotments health plan for the second preceding fiscal year, ‘‘(E) AVAILABILITY.—Each semi-annual allot- determined under this paragraph for fiscal year as determined by the Secretary on the basis of ment made under subparagraph (A)(iii) shall re- 2008 exceeds the available national allotment for expenditure data reported by States on CMS main available for expenditure under this title fiscal year 2008, the Secretary shall reduce each Form 64 or CMS Form 21, to such sum of the ac- for periods after the period specified in subpara- such allotment on a proportional basis. tual expenditures under all such plans for all graph (D) for purposes of determining the allot- ‘‘(3) ALTERNATIVE ALLOTMENTS FOR FISCAL subsection (b) States for such second preceding ment in the same manner as the allotment would YEARS 2009 THROUGH 2012.— fiscal year, multiplied by the applicable percent- have been available for expenditure if made for ‘‘(A) IN GENERAL.—If the sum of the State al- age weight assigned under subparagraph (B). an entire fiscal year. lotments determined under paragraph (1)(A)(ii) ‘‘(B) ASSIGNMENT OF WEIGHTS.—For each of ‘‘(2) SPECIAL RULE FOR FISCAL YEAR 2008.— for any of fiscal years 2009 through 2011 exceeds fiscal years 2009 through 2012, the applicable ‘‘(A) IN GENERAL.—For purposes of paragraph the available national allotment for the fiscal weights assigned under this subparagraph are (1)(A)(i), the amounts determined under this year, the Secretary shall allot to each subsection the following: paragraph for fiscal year 2008 are as follows: (b) State from the available national allotment ‘‘(i) With respect to the factor described in ‘‘(i) The total Federal payments to the State for the fiscal year an amount equal to the prod- subparagraph (A)(i), a weight of 75 percent for under this title for fiscal year 2007, multiplied by uct of— each such fiscal year.

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‘‘(ii) With respect to the factor described in ‘‘(B) INCLUSION OF CERTAIN EXPENDITURES.— for the preceding fiscal year multiplied by the subparagraph (A)(ii), a weight of 121⁄2 percent ‘‘(i) PROJECTED EXPENDITURES OF QUALIFYING annual adjustment determined under subsection for each such fiscal year. STATES.—Payments made or projected to be (i)(2)(B) for the fiscal year, except that clause ‘‘(iii) With respect to the factor described in made to a qualifying State described in para- (ii) thereof shall be applied by substituting ‘the subparagraph (A)(iii), a weight of 71⁄2 percent graph (2) of section 2105(g) for expenditures de- United States’ for ‘the State’. for each such fiscal year. scribed in paragraph (1)(B)(ii) or (4)(B) of that ‘‘(ii) SPECIAL RULE FOR FISCAL YEAR 2012.—In ‘‘(iv) With respect to the factor described in section shall be included for purposes of deter- the case of fiscal year 2012— subparagraph (A)(iv), a weight of 5 percent for mining the projected expenditures described in ‘‘(I) 89 percent of the amount allocated to the each such fiscal year. paragraph (1)(B) with respect to the allotments commonwealth or territory for such fiscal year ‘‘(5) DEMONSTRATION OF NEED FOR INCREASED determined for each of fiscal years 2009 through (without regard to this subclause) shall be allo- ALLOTMENT BASED ON PROJECTED STATE EXPEND- 2012 and for purposes of determining the cated for the period beginning on October 1, ITURES EXCEEDING 10 PERCENT OF THE PRECEDING amounts described in clauses (i) and (iv) of 2011, and ending on March 31, 2012, and FISCAL YEAR ALLOTMENT.— paragraph (2)(A) with respect to the allotments ‘‘(II) 11 percent of such amount shall be allo- ‘‘(A) IN GENERAL.—If the projected expendi- determined for fiscal year 2008. cated for the period beginning on April 1, 2012, tures under the State child health plan de- ‘‘(ii) PROJECTED EXPENDITURES UNDER BLOCK and ending on September 30, 2012.’’. scribed in paragraph (1)(B) for any of fiscal GRANT SET-ASIDES FOR NONPREGNANT CHILDLESS (b) REMOVAL OF FEDERAL MATCHING PAY- years 2009 through 2012 are at least 10 percent ADULTS AND PARENTS.—Payments projected to be MENTS FOR DATA REPORTING SYSTEMS FROM THE more than the allotment determined for the made to a State under subsection (a) or (b) of OVERALL LIMIT ON PAYMENTS TO TERRITORIES State for the preceding fiscal year (determined section 2111 shall be included for purposes of de- UNDER TITLE XIX.—Section 1108(g) (42 U.S.C. without regard to paragraph (2)(D) or para- termining the projected expenditures described 1308(g)) is amended by adding at the end the graph (3)), and, during the preceding fiscal in paragraph (1)(B) with respect to the allot- following new paragraph: year, the State did not receive approval for a ments determined for each of fiscal years 2009 ‘‘(4) EXCLUSION OF CERTAIN EXPENDITURES State plan amendment or waiver to expand cov- through 2012 (to the extent such payments are FROM PAYMENT LIMITS.—With respect to fiscal erage under the State child health plan or did permitted under such section), including for years beginning with fiscal year 2008, if Puerto not receive a CHIP contingency fund payment purposes of allocating such expenditures for Rico, the Virgin Islands, Guam, the Northern under subsection (k)— purposes of clauses (i) and (ii) of paragraph Mariana Islands, or American Samoa qualify ‘‘(i) the State shall submit to the Secretary, by (1)(D). for a payment under subparagraph (A)(i), (B), not later than August 31 of the preceding fiscal ‘‘(7) SUBSECTION (b) STATE.—In this sub- or (F) of section 1903(a)(3) for a calendar quar- year, information relating to the factors that section, the term ‘subsection (b) State’ means 1 ter of such fiscal year, the payment shall not be contributed to the need for the increase in the of the 50 States or the District of Columbia.’’. taken into account in applying subsection (f) State’s allotment for the fiscal year, as well as (b) CONFORMING AMENDMENTS.—Section 2104 (as increased in accordance with paragraphs any other additional information that the Sec- (42 U.S.C. 1397dd) is amended— (1), (2), and (3) of this subsection) to such com- retary may require for the State to demonstrate (1) in subsection (a), by striking ‘‘subsection monwealth or territory for such fiscal year.’’. the need for the increase in the State’s allotment (d)’’ and inserting ‘‘subsections (d), (h), and (c) GAO STUDY AND REPORT.—Not later than for the fiscal year; (i)’’; September 30, 2009, the Comptroller General of ‘‘(ii) the Secretary shall— (2) in subsection (b)(1), by striking ‘‘sub- the United States shall submit a report to the ‘‘(I) review the information submitted under section (d)’’ and inserting ‘‘subsections (d), (h), appropriate committees of Congress regarding clause (i); and (i)’’; and Federal funding under Medicaid and CHIP for ‘‘(II) notify the State in writing within 60 (3) in subsection (c)(1), by striking ‘‘subsection Puerto Rico, the United States Virgin Islands, days after receipt of the information that— (d)’’ and inserting ‘‘subsections (d), (h), and Guam, American Samoa, and the Northern Mar- ‘‘(aa) the projected expenditures under the (i)’’. iana Islands. The report shall include the fol- State child health plan are approved or dis- SEC. 103. ONE-TIME APPROPRIATION. lowing: approved (and if disapproved, the reasons for (1) An analysis of all relevant factors with re- There is appropriated to the Secretary, out of disapproval); or spect to— any money in the Treasury not otherwise appro- ‘‘(bb) specified additional information is need- (A) eligible Medicaid and CHIP populations in priated, $12,500,000,000 to accompany the allot- ed; and such commonwealths and territories; ‘‘(III) if the Secretary disapproved the pro- ment made for the period beginning on October (B) historical and projected spending needs of jected expenditures or determined additional in- 1, 2011, and ending on March 31, 2012, under such commonwealths and territories and the formation is needed, provide the State with a section 2104(a)(15)(A) of the Social Security Act ability of capped funding streams to respond to reasonable opportunity to submit additional in- (42 U.S.C. 1397dd(a)(15)(A)) (as added by section those spending needs; formation to demonstrate the need for the in- 101), to remain available until expended. Such (C) the extent to which Federal poverty guide- crease in the State’s allotment for the fiscal amount shall be used to provide allotments to lines are used by such commonwealths and terri- year. States under subsections (c)(5) and (i) of section tories to determine Medicaid and CHIP eligi- ‘‘(B) PROVISIONAL AND FINAL ALLOTMENT.—In 2104 of the Social Security Act (42 U.S.C. bility; and the case of a State described in subparagraph 1397dd) for the first 6 months of fiscal year 2012 (D) the extent to which such commonwealths (A) for which the Secretary has not determined in the same manner as allotments are provided and territories participate in data collection and by September 30 of a fiscal year whether the under subsection (a)(15)(A) of such section and reporting related to Medicaid and CHIP, includ- State has demonstrated the need for the increase subject to the same terms and conditions as ing an analysis of territory participation in the in the State’s allotment for the succeeding fiscal apply to the allotments provided from such sub- Current Population Survey versus the American year, the Secretary shall provide the State with section (a)(15)(A). Community Survey. a provisional allotment for the fiscal year equal SEC. 104. IMPROVING FUNDING FOR THE TERRI- (2) Recommendations for improving Federal to 110 percent of the allotment determined for TORIES UNDER CHIP AND MEDICAID. funding under Medicaid and CHIP for such the State under this subsection for the preceding (a) UPDATE OF CHIP ALLOTMENTS.—Section commonwealths and territories. fiscal year (determined without regard to para- 2104(c) (42 U.S.C. 1397dd(c)) is amended— SEC. 105. INCENTIVE BONUSES FOR STATES. graph (2)(D) or paragraph (3)), and may, not (1) in paragraph (1), by inserting ‘‘and para- (a) IN GENERAL.—Section 2104 (42 U.S.C. later than November 30 of the fiscal year, adjust graphs (5) and (6)’’ after ‘‘and (i)’’; and 1397dd), as amended by section 102, is amended the State’s allotment (and the allotments of (2) by adding at the end the following new by adding at the end the following new sub- other subsection (b) States), as necessary (and, paragraphs: section: if applicable, subject to paragraph (3)), on the ‘‘(5) ANNUAL ALLOTMENTS FOR TERRITORIES ‘‘(j) INCENTIVE BONUSES.— basis of information submitted by the State in BEGINNING WITH FISCAL YEAR 2008.—Of the total ‘‘(1) ESTABLISHMENT OF INCENTIVE POOL FROM accordance with subparagraph (A). allotment amount appropriated under sub- UNOBLIGATED NATIONAL ALLOTMENT AND UNEX- ‘‘(6) SPECIAL RULES.— section (a) for a fiscal year beginning with fiscal PENDED STATE ALLOTMENTS.— ‘‘(A) DEADLINE AND DATA FOR DETERMINING year 2008, the Secretary shall allot to each of ‘‘(A) IN GENERAL.—There is hereby established FISCAL YEAR 2008 ALLOTMENTS.—In computing the commonwealths and territories described in in the Treasury of the United States a fund the amounts under paragraph (2)(A) and sub- paragraph (3) the following: which shall be known as the ‘CHIP Incentive section (c)(5)(A) that determine the allotments to ‘‘(A) FISCAL YEAR 2008.—For fiscal year 2008, Bonuses Pool’ (in this subsection referred to as subsection (b) States and territories for fiscal the highest amount of Federal payments to the the ‘Incentive Pool’). Amounts in the Incentive year 2008, the Secretary shall use the most re- commonwealth or territory under this title for Pool are authorized to be appropriated for pay- cent data available to the Secretary before the any fiscal year occurring during the period of ments under this subsection and shall remain start of that fiscal year. The Secretary may ad- fiscal years 1998 through 2007, multiplied by the available until expended. just such amounts and allotments, as necessary, annual adjustment determined under subsection ‘‘(B) DEPOSITS THROUGH INITIAL APPROPRIA- on the basis of the expenditure data for the (i)(2)(B) for fiscal year 2008, except that clause TION AND TRANSFERS OF FUNDS.— prior year reported by States on CMS Form 64 or (ii) thereof shall be applied by substituting ‘the ‘‘(i) INITIAL APPROPRIATION.—There is appro- CMS Form 21 not later than November 30, 2007, United States’ for ‘the State’. priated to the Incentive Pool, out of any money but in no case shall the Secretary adjust the al- ‘‘(B) FISCAL YEARS 2009 THROUGH 2012.— in the Treasury not otherwise appropriated, lotments provided under paragraph (2)(A) or ‘‘(i) IN GENERAL.—For each of fiscal years 2009 $3,000,000,000 for fiscal year 2008. subsection (c)(5)(A) for fiscal year 2008 after De- through 2012, except as provided in clause (ii), ‘‘(ii) TRANSFERS.—Notwithstanding any other cember 31, 2007. the amount determined under this paragraph provision of law, the following amounts are

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hereby appropriated or transferred to, deposited ‘‘(aa) AMOUNTS IN EXCESS OF THE AGGREGATE ‘‘(II) the percentage increase in the popu- in, and made available for expenditure from the CAP.—On October 1 of each of fiscal years 2010 lation of low-income children in the State from Incentive Pool on the following dates: through 2012, any amount in excess of the ag- the preceding fiscal year to the fiscal year in- ‘‘(I) UNEXPENDED FISCAL YEAR 2006 AND 2007 gregate cap applicable to the CHIP Contingency volved, as determined by the Secretary based on ALLOTMENTS.—On December 31, 2007, the sum Fund for the fiscal year under subsection the most timely and accurate published esti- for all States of the excess (if any) for each (k)(2)(B). mates of the Bureau of the Census before the be- State of— ‘‘(bb) UNEXPENDED CHIP CONTINGENCY FUND ginning of the fiscal year involved. ‘‘(aa) the aggregate allotments provided for PAYMENTS.—On October 1 of each of fiscal years ‘‘(B) COVERAGE PERIOD.—Except as provided the State under subsection (b) or (c) for fiscal 2010 through 2012, any portion of a CHIP Con- in subparagraph (C), the coverage period for years 2006 and 2007 that are not expended by tingency Fund payment made to a State that re- any fiscal year consists of the last 2 quarters of September 30, 2007, over mains unexpended at the end of the period for the preceding fiscal year and the first 2 quarters ‘‘(bb) an amount equal to 50 percent of the al- which the payment is available for expenditure of the fiscal year. lotment provided for the State under subsection under subsection (e)(3). ‘‘(C) SPECIAL RULES FOR FISCAL YEAR 2009.— (c) or (i) for fiscal year 2008 (as determined in ‘‘(VII) EXTENSION OF AVAILABILITY FOR POR- With respect to fiscal year 2009— ‘‘(i) the coverage period for that fiscal year accordance with subsection (i)(6)). TION OF UNEXPENDED STATE ALLOTMENTS.—The shall be based on the first 2 quarters of fiscal ‘‘(II) UNOBLIGATED NATIONAL ALLOTMENT.— portion of the allotment made to a State for a year 2009; and ‘‘(aa) FISCAL YEARS 2008 THROUGH 2011.—On fiscal year that is not transferred to the Incen- ‘‘(ii) the baseline monthly average shall be— tive Pool under subclause (I) or (III) shall re- December 31 of fiscal year 2008, and on Decem- ‘‘(I) the average monthly enrollment of low- ber 31 of each succeeding fiscal year through main available for expenditure by the State only income children enrolled in the State’s plan fiscal year 2011, the portion, if any, of the during the fiscal year in which such transfer oc- under title XIX for the first 2 quarters of fiscal amount appropriated under subsection (a) for curs, in accordance with subclause (IV) and year 2007 (as determined over a 6-month period such fiscal year that is unobligated for allot- subsection (e)(4). on the basis of the most recent information re- ment to a State under subsection (c) or (i) for ‘‘(C) INVESTMENT OF FUND.—The Secretary of ported through the Medicaid Statistical Infor- such fiscal year or set aside under subsection the Treasury shall invest, in interest bearing se- mation System (MSIS)); multiplied by (a)(3) or (b)(2) of section 2111 for such fiscal curities of the United States, such currently ‘‘(II) the sum of 1 plus the sum of— year. available portions of the Incentive Pool as are ‘‘(aa) 0.02; and ‘‘(bb) FIRST HALF OF FISCAL YEAR 2012.—On not immediately required for payments from the ‘‘(bb) the percentage increase in the popu- December 31 of fiscal year 2012, the portion, if Pool. The income derived from these investments lation of low-income children in the State from any, of the sum of the amounts appropriated constitutes a part of the Incentive Pool. fiscal year 2007 to fiscal year 2009, as determined under subsection (a)(15)(A) and under section ‘‘(2) PAYMENTS TO STATES INCREASING ENROLL- by the Secretary based on the most timely and 103 of the Children’s Health Insurance Program MENT.— accurate published estimates of the Bureau of Reauthorization Act of 2007 for the period be- ‘‘(A) IN GENERAL.—Subject to paragraph the Census before the beginning of the fiscal ginning on October 1, 2011, and ending on (3)(D), with respect to each of fiscal years 2009 year involved. March 31, 2012, that is unobligated for allotment through 2012, the Secretary shall make pay- ‘‘(D) ADDITIONAL REQUIREMENT FOR ELIGI- to a State under subsection (c) or (i) for such ments to States from the Incentive Pool deter- BILITY FOR PAYMENT.—For purposes of subpara- fiscal year or set aside under subsection (b)(2) of mined under subparagraph (B). graphs (B) and (C), the average monthly enroll- section 2111 for such fiscal year. ‘‘(B) DETERMINATION OF PAYMENTS.—If, for ment shall be determined without regard to chil- ‘‘(cc) SECOND HALF OF FISCAL YEAR 2012.—On any coverage period ending in a fiscal year end- dren who do not meet the income eligibility cri- June 30 of fiscal year 2012, the portion, if any, ing after September 30, 2008, the average month- teria in effect on July 19, 2007, for enrollment of the amount appropriated under subsection ly enrollment of children in the State plan under the State plan under title XIX or under (a)(15)(B) for the period beginning on April 1, under title XIX exceeds the baseline monthly a waiver of such plan. 2012, and ending on September 30, 2012, that is average for such period, the payment made for ‘‘(4) TIME OF PAYMENT.—Payments under unobligated for allotment to a State under sub- the fiscal year shall be equal to the applicable paragraph (2) for any fiscal year shall be made section (c) or (i) for such fiscal year or set aside amount determined under subparagraph (C). during the last quarter of such year. under subsection (b)(2) of section 2111 for such ‘‘(C) APPLICABLE AMOUNT.—For purposes of ‘‘(5) USE OF PAYMENTS.—Payments made to a fiscal year. subparagraph (B), the applicable amount is the State from the Incentive Pool shall be used for ‘‘(III) PERCENTAGE OF STATE ALLOTMENTS product determined in accordance with the fol- any purpose that the State determines is likely THAT ARE UNEXPENDED BY THE END OF THE FIRST lowing: to reduce the percentage of low-income children ‘‘(i) If such excess with respect to the number YEAR OF AVAILABILITY BEGINNING WITH THE FIS- in the State without health insurance. of individuals who are enrolled in the State plan ‘‘(6) PRORATION RULE.—If the amount avail- CAL YEAR 2009 ALLOTMENTS.—On October 1 of able for payment from the Incentive Pool is less each of fiscal years 2009 through 2012, the sum under title XIX does not exceed 2 percent, the than the total amount of payments to be made for all States for such fiscal year (the ‘current product of $75 and the number of such individ- for such fiscal year, the Secretary shall reduce fiscal year’) of the excess (if any) for each State uals included in such excess. ‘‘(ii) If such excess with respect to the number the payments described in paragraph (2) on a of— of individuals who are enrolled in the State plan proportional basis. ‘‘(aa) the allotment made for the State under under title XIX exceeds 2, but does not exceed 5 ‘‘(7) REFERENCES.—With respect to a State subsection (b), (c), or (i) for the fiscal year pre- percent, the product of $300 and the number of plan under title XIX, any references to a child ceding the current fiscal year (reduced by any such individuals included in such excess, less in this subsection shall include a reference to amounts set aside under section 2111(a)(3)) that the amount of such excess calculated in clause any individual provided medical assistance is not expended by the end of such preceding (i). under the plan who has not attained age 19 (or, fiscal year, over ‘‘(iii) If such excess with respect to the number if a State has so elected under such State plan, ‘‘(bb) an amount equal to the applicable per- of individuals who are enrolled in the State plan age 20 or 21).’’. centage (for the fiscal year) of the allotment under title XIX exceeds 5 percent, the product of (b) REDISTRIBUTION OF UNEXPENDED FISCAL made for the State under subsection (b), (c), or $625 and the number of such individuals in- YEAR 2005 ALLOTMENTS.—Notwithstanding sec- (i) (as so reduced) for such preceding fiscal cluded in such excess, less the sum of the tion 2104(f) of the Social Security Act (42 U.S.C. year. amount of such excess calculated in clauses (i) 1397dd(f)), with respect to fiscal year 2008, the For purposes of item (bb), the applicable per- and (ii). Secretary shall provide for a redistribution centage is 20 percent for fiscal year 2009, and 10 ‘‘(D) INDEXING OF DOLLAR AMOUNTS.—For under such section from the allotments for fiscal percent for each of fiscal years 2010, 2011, and each coverage period ending in a fiscal year year 2005 under subsection (b) and (c) of such 2012. ending after September 30, 2009, the dollar section that are not expended by the end of fis- ‘‘(IV) REMAINDER OF STATE ALLOTMENTS THAT amounts specified in subparagraph (C) shall be cal year 2007, to each State described in clause ARE UNEXPENDED BY THE END OF THE PERIOD OF increased by the percentage increase (if any) in (iii) of section 2104(i)(2)(A) of the Social Security AVAILABILITY BEGINNING WITH THE FISCAL YEAR the projected nominal per capita amount of Na- Act, as added by section 102(a), of an amount 2006 ALLOTMENTS.—On October 1 of each of fiscal tional Health Expenditures for the calendar that bears the same ratio to such unexpended years 2009 through 2012, the total amount of al- year beginning on January 1 of the coverage pe- fiscal year 2005 allotments as the ratio of the fis- lotments made to States under subsection (b), riod over the preceding coverage period, as most cal year 2007 allotment determined for each such (c), or (i) for the second preceding fiscal year recently published by the Secretary before the State under subsection (b) of section 2104 of (third preceding fiscal year in the case of the beginning of the coverage period involved. such Act for fiscal year 2007 (without regard to fiscal year 2006 allotments) and remaining after ‘‘(3) RULES RELATING TO ENROLLMENT IN- any amounts paid, allotted, or redistributed to the application of subclause (III) that are not CREASES.—For purposes of paragraph (2)(B)— the State under section 2104 for any preceding expended by September 30 of the preceding fiscal ‘‘(A) BASELINE MONTHLY AVERAGE.—Except as fiscal year) bears to the total amount of the fis- year. provided in subparagraph (C), the baseline cal year 2007 allotments for all such States (as ‘‘(V) UNEXPENDED TRANSITIONAL COVERAGE monthly average for any fiscal year for a State so determined). BLOCK GRANT FOR NONPREGNANT CHILDLESS is equal to— (c) CONFORMING AMENDMENT ELIMINATING ADULTS.—On October 1, 2009, any amounts set ‘‘(i) the baseline monthly average for the pre- RULES FOR REDISTRIBUTION OF UNEXPENDED aside under section 2111(a)(3) that are not ex- ceding fiscal year; multiplied by ALLOTMENTS FOR FISCAL YEARS AFTER 2005.— pended by September 30, 2009. ‘‘(ii) the sum of 1 plus the sum of— Effective January 1, 2008, section 2104(f) (42 ‘‘(VI) EXCESS CHIP CONTINGENCY FUNDS.— ‘‘(I) 0.01; and U.S.C. 1397dd(f)) is amended to read as follows:

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‘‘(f) UNALLOCATED PORTION OF NATIONAL AL- ‘‘(C) APPLICATION OF ENHANCED FMAP.—The submission of the application. If no decision has LOTMENT AND UNUSED ALLOTMENTS.—For provi- enhanced FMAP determined under section been made by the Secretary as of September 30, sions relating to the distribution of portions of 2105(b) shall apply to expenditures under an ap- 2009, on the application of a State for a Med- the unallocated national allotment under sub- plicable existing waiver for the provision of icaid nonpregnant childless adults waiver that section (a) for fiscal years beginning with fiscal child health assistance or other health benefits was submitted to the Secretary by June 30, 2009, year 2008, and unexpended allotments for fiscal coverage to a nonpregnant childless adult dur- the application shall be deemed approved. years beginning with fiscal year 2006, see sub- ing fiscal year 2008. ‘‘(C) STANDARD FOR BUDGET NEUTRALITY.— section (j).’’. ‘‘(3) OPTIONAL 1-YEAR TRANSITIONAL COV- The budget neutrality requirement applicable (d) ADDITIONAL FUNDING FOR THE SECRETARY ERAGE BLOCK GRANT FUNDED FROM STATE ALLOT- with respect to expenditures for medical assist- TO IMPROVE TIMELINESS OF DATA REPORTING MENT.—Subject to paragraph (4)(B), each State ance under a Medicaid nonpregnant childless AND ANALYSIS FOR PURPOSES OF DETERMINING for which coverage under an applicable existing adults waiver shall— ENROLLMENT INCREASES UNDER MEDICAID AND waiver is terminated under paragraph (2)(A) ‘‘(i) in the case of fiscal year 2010, allow ex- CHIP.— may elect to provide nonpregnant childless penditures for medical assistance under title (1) APPROPRIATION.—There is appropriated, adults who were provided child health assist- XIX for all such adults to not exceed the total out of any money in the Treasury not otherwise ance or health benefits coverage under the ap- amount of payments made to the State under appropriated, $5,000,000 to the Secretary for fis- plicable existing waiver at any time during fis- paragraph (3)(B) for fiscal year 2009, increased cal year 2008 for the purpose of improving the cal year 2008 with such assistance or coverage by the percentage increase (if any) in the pro- timeliness of the data reported and analyzed during fiscal year 2009, as if the authority to jected nominal per capita amount of National from the Medicaid Statistical Information Sys- provide such assistance or coverage under an Health Expenditures for calendar year 2010 over tem (MSIS) for purposes of carrying out section applicable existing waiver was extended through calendar year 2009, as most recently published 2104(j)(2)(B) of the Social Security Act (as added that fiscal year, but subject to the following by the Secretary; and by subsection (a)) and to provide guidance to terms and conditions: ‘‘(ii) in the case of any succeeding fiscal year, States with respect to any new reporting re- ‘‘(A) BLOCK GRANT SET ASIDE FROM STATE AL- allow such expenditures to not exceed the quirements related to such improvements. LOTMENT.—The Secretary shall set aside for the amount in effect under this subparagraph for Amounts appropriated under this paragraph State an amount equal to the Federal share of the preceding fiscal year, increased by the per- shall remain available until expended. the State’s projected expenditures under the ap- centage increase (if any) in the projected nomi- (2) REQUIREMENTS.—The improvements made plicable existing waiver for providing child nal per capita amount of National Health Ex- by the Secretary under paragraph (1) shall be health assistance or health benefits coverage to penditures for the calendar year that begins designed and implemented (including with re- all nonpregnant childless adults under such during the fiscal year involved over the pre- spect to any necessary guidance for States) so waiver for fiscal year 2008 (as certified by the ceding calendar year, as most recently published that, beginning no later than October 1, 2008, State and submitted to the Secretary by not by the Secretary. data regarding the enrollment of low-income later than August 31, 2008, and without regard ‘‘(b) RULES AND CONDITIONS FOR COVERAGE OF children (as defined in section 2110(c)(4) of the to whether any such individual lost coverage PARENTS OF TARGETED LOW-INCOME CHIL- Social Security Act (42 U.S.C. 1397jj(c)(4)) of a during fiscal year 2008 and was later provided DREN.— State enrolled in the State plan under Medicaid child health assistance or other health benefits ‘‘(1) TWO-YEAR TRANSITION PERIOD; AUTO- or the State child health plan under CHIP with coverage under the waiver in that fiscal year), MATIC EXTENSION AT STATE OPTION THROUGH FIS- respect to a fiscal year shall be collected and increased by the annual adjustment for fiscal CAL YEAR 2009.— analyzed by the Secretary within 6 months of year 2009 determined under section ‘‘(A) NO NEW CHIP WAIVERS.—Notwithstanding submission. 2104(i)(2)(B)(i). The Secretary may adjust the section 1115 or any other provision of this title, SEC. 106. PHASE-OUT OF COVERAGE FOR NON- amount set aside under the preceding sentence, except as provided in this subsection— PREGNANT CHILDLESS ADULTS as necessary, on the basis of the expenditure ‘‘(i) the Secretary shall not on or after the UNDER CHIP; CONDITIONS FOR COV- data for fiscal year 2008 reported by States on date of the enactment of the Children’s Health ERAGE OF PARENTS. CMS Form 64 or CMS Form 21 not later than Insurance Program Reauthorization Act of 2007 (a) PHASE-OUT RULES.— approve or renew a waiver, experimental, pilot, (1) IN GENERAL.—Title XXI (42 U.S.C. 1397aa November 30, 2008, but in no case shall the Sec- retary adjust such amount after December 31, or demonstration project that would allow funds et seq.) is amended by adding at the end the fol- made available under this title to be used to pro- lowing new section: 2008. ‘‘(B) NO COVERAGE FOR NONPREGNANT CHILD- vide child health assistance or other health ben- ‘‘SEC. 2111. PHASE-OUT OF COVERAGE FOR NON- LESS ADULTS WHO WERE NOT COVERED DURING efits coverage to a parent of a targeted low-in- PREGNANT CHILDLESS ADULTS; CONDITIONS FOR COVERAGE OF FISCAL YEAR 2008.— come child; and PARENTS. ‘‘(i) FMAP APPLIED TO EXPENDITURES.—The ‘‘(ii) notwithstanding the terms and condi- ‘‘(a) TERMINATION OF COVERAGE FOR NON- Secretary shall pay the State for each quarter of tions of an applicable existing waiver, the provi- PREGNANT CHILDLESS ADULTS.— fiscal year 2009, from the amount set aside sions of paragraphs (2) and (3) shall apply for ‘‘(1) NO NEW CHIP WAIVERS; AUTOMATIC EXTEN- under subparagraph (A), an amount equal to purposes of any fiscal year beginning on or SIONS AT STATE OPTION THROUGH FISCAL YEAR the Federal medical assistance percentage (as after October 1, 2009, in determining the period 2008.—Notwithstanding section 1115 or any other determined under section 1905(b) without regard to which the waiver applies, the individuals eli- provision of this title, except as provided in this to clause (4) of such section) of expenditures in gible to be covered by the waiver, and the subsection— the quarter for providing child health assistance amount of the Federal payment under this title. ‘‘(A) the Secretary shall not on or after the or other health benefits coverage to a nonpreg- ‘‘(B) EXTENSION UPON STATE REQUEST.—If an date of the enactment of the Children’s Health nant childless adult but only if such adult was applicable existing waiver described in subpara- Insurance Program Reauthorization Act of 2007, enrolled in the State program under this title graph (A) would otherwise expire before October approve or renew a waiver, experimental, pilot, during fiscal year 2008 (without regard to 1, 2009, and the State requests an extension of or demonstration project that would allow funds whether the individual lost coverage during fis- such waiver, the Secretary shall grant such an made available under this title to be used to pro- cal year 2008 and was reenrolled in that fiscal extension, but only, subject to paragraph (2)(A), vide child health assistance or other health ben- year or in fiscal year 2009). through September 30, 2009. efits coverage to a nonpregnant childless adult; ‘‘(ii) FEDERAL PAYMENTS LIMITED TO AMOUNT ‘‘(C) APPLICATION OF ENHANCED FMAP.—The and OF BLOCK GRANT SET-ASIDE.—No payments shall enhanced FMAP determined under section ‘‘(B) notwithstanding the terms and condi- be made to a State for expenditures described in 2105(b) shall apply to expenditures under an ap- tions of an applicable existing waiver, the provi- this subparagraph after the total amount set plicable existing waiver for the provision of sions of paragraphs (2) and (3) shall apply for aside under subparagraph (A) for fiscal year child health assistance or other health benefits purposes of any fiscal year beginning on or 2009 has been paid to the State. coverage to a parent of a targeted low-income after October 1, 2008, in determining the period ‘‘(4) STATE OPTION TO APPLY FOR MEDICAID child during fiscal years 2008 and 2009. to which the waiver applies, the individuals eli- WAIVER TO CONTINUE COVERAGE FOR NONPREG- ‘‘(2) RULES FOR FISCAL YEARS 2010 THROUGH gible to be covered by the waiver, and the NANT CHILDLESS ADULTS.— 2012.— amount of the Federal payment under this title. ‘‘(A) IN GENERAL.—Each State for which cov- ‘‘(A) PAYMENTS FOR COVERAGE LIMITED TO ‘‘(2) TERMINATION OF CHIP COVERAGE UNDER erage under an applicable existing waiver is ter- BLOCK GRANT FUNDED FROM STATE ALLOT- APPLICABLE EXISTING WAIVERS AT THE END OF minated under paragraph (2)(A) may submit, MENT.—Any State that provides child health as- FISCAL YEAR 2008.— not later than June 30, 2009, an application to sistance or health benefits coverage under an ‘‘(A) IN GENERAL.—No funds shall be available the Secretary for a waiver under section 1115 of applicable existing waiver for a parent of a tar- under this title for child health assistance or the State plan under title XIX to provide med- geted low-income child may elect to continue to other health benefits coverage that is provided ical assistance to a nonpregnant childless adult provide such assistance or coverage through fis- to a nonpregnant childless adult under an ap- whose coverage is so terminated (in this sub- cal year 2010, 2011, or 2012, subject to the same plicable existing waiver after September 30, 2008. section referred to as a ‘Medicaid nonpregnant terms and conditions that applied under the ap- ‘‘(B) EXTENSION UPON STATE REQUEST.—If an childless adults waiver’). plicable existing waiver, unless otherwise modi- applicable existing waiver described in subpara- ‘‘(B) DEADLINE FOR APPROVAL.—The Sec- fied in subparagraph (B). graph (A) would otherwise expire before October retary shall make a decision to approve or deny ‘‘(B) TERMS AND CONDITIONS.— 1, 2008, and the State requests an extension of an application for a Medicaid nonpregnant ‘‘(i) BLOCK GRANT SET ASIDE FROM STATE AL- such waiver, the Secretary shall grant such an childless adults waiver submitted under sub- LOTMENT.—If the State makes an election under extension, but only through September 30, 2008. paragraph (A) within 90 days of the date of the subparagraph (A), the Secretary shall set aside

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 6333 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10958 CONGRESSIONAL RECORD — SENATE August 3, 2007 for the State for each such fiscal year an ‘‘(i) was awarded a grant under section 2113 (B) such parents, relatives, and legal guard- amount equal to the Federal share of 110 per- for fiscal year 2009; ians who enroll in such a plan are more likely cent of the State’s projected expenditures under ‘‘(ii) implemented 1 or more of the process to enroll their children in such a plan or in a the applicable existing waiver for providing measures described in section 2104(j)(3)(A)(i) for State plan under title XIX of such Act. child health assistance or health benefits cov- such fiscal year; or (2) REPORT.—Not later than 2 years after the erage to all parents of targeted low-income chil- ‘‘(iii) has submitted a specific plan for out- date of the enactment of this Act, the Comp- dren enrolled under such waiver for the fiscal reach for such fiscal year. troller General shall report the results of the year (as certified by the State and submitted to ‘‘(B) HIGH-PERFORMING STATE.—The State, on study to the appropriate committees of Congress, the Secretary by not later than August 31 of the the basis of the most timely and accurate pub- including recommendations (if any) for changes preceding fiscal year). In the case of fiscal year lished estimates of the Bureau of the Census, in legislation. 1 2012, the set aside for any State shall be com- ranks in the lowest ⁄3 of States in terms of the SEC. 107. STATE OPTION TO COVER LOW-INCOME puted separately for each period described in State’s percentage of low-income children with- PREGNANT WOMEN UNDER CHIP clauses (i) and (ii) of subsection (i))(1)(D) and out health insurance. THROUGH A STATE PLAN AMEND- any increase or reduction in the allotment for ‘‘(C) STATE INCREASING ENROLLMENT OF LOW- MENT. either such period under subsection (i)(3)(B)(ii) INCOME CHILDREN.—The State qualified for a (a) IN GENERAL.—Title XXI (42 U.S.C. 1397aa shall be allocated on a pro rata basis to such set payment from the Incentive Fund under clause et seq.), as amended by section 106(a), is amend- aside. (ii) or (iii) of paragraph (2)(C) of section 2104(j) ed by adding at the end the following new sec- ‘‘(ii) PAYMENTS FROM BLOCK GRANT.—The Sec- for the most recent coverage period applicable tion: retary shall pay the State from the amount set under such section. ‘‘SEC. 2112. OPTIONAL COVERAGE OF TARGETED aside under clause (i) for the fiscal year, an ‘‘(4) RULES OF CONSTRUCTION.—Nothing in LOW-INCOME PREGNANT WOMEN amount for each quarter of such fiscal year this subsection shall be construed as prohibiting THROUGH A STATE PLAN AMEND- equal to the applicable percentage determined a State from submitting an application to the MENT. under clause (iii) or (iv) for expenditures in the Secretary for a waiver under section 1115 of the ‘‘(a) IN GENERAL.—Subject to the succeeding quarter for providing child health assistance or State plan under title XIX to provide medical provisions of this section, a State may elect other health benefits coverage to a parent of a assistance to a parent of a targeted low-income through an amendment to its State child health targeted low-income child. child that was provided child health assistance plan under section 2102 to provide pregnancy- ‘‘(iii) ENHANCED FMAP ONLY IN FISCAL YEAR or health benefits coverage under an applicable related assistance under such plan for targeted 2010 FOR STATES WITH SIGNIFICANT CHILD OUT- existing waiver. low-income pregnant women. REACH OR THAT ACHIEVE CHILD COVERAGE ‘‘(c) APPLICABLE EXISTING WAIVER.—For pur- ‘‘(b) CONDITIONS.—A State may only elect the BENCHMARKS; FMAP FOR ANY OTHER STATES.— poses of this section— option under subsection (a) if the following con- For purposes of clause (ii), the applicable per- ‘‘(1) IN GENERAL.—The term ‘applicable exist- ditions are satisfied: centage for any quarter of fiscal year 2010 is ing waiver’ means a waiver, experimental, pilot, ‘‘(1) MEDICAID INCOME ELIGIBILITY LEVEL FOR equal to— or demonstration project under section 1115, PREGNANT WOMEN OF AT LEAST 185 PERCENT OF ‘‘(I) the enhanced FMAP determined under grandfathered under section 6102(c)(3) of the POVERTY.—The State has established an income section 2105(b) in the case of a State that meets Deficit Reduction Act of 2005, or otherwise con- eligibility level for pregnant women under sub- the outreach or coverage benchmarks described ducted under authority that— section (a)(10)(A)(i)(III), (a)(10)(A)(i)(IV), or in any of subparagraphs (A), (B), or (C) of ‘‘(A) would allow funds made available under (l)(1)(A) of section 1902 that is at least 185 per- paragraph (3) for fiscal year 2009; or this title to be used to provide child health as- cent of the income official poverty line. ‘‘(II) the Federal medical assistance percent- sistance or other health benefits coverage to— ‘‘(2) NO CHIP INCOME ELIGIBILITY LEVEL FOR age (as determined under section 1905(b) with- ‘‘(i) a parent of a targeted low-income child; PREGNANT WOMEN LOWER THAN THE STATE’S out regard to clause (4) of such section) in the ‘‘(ii) a nonpregnant childless adult; or MEDICAID LEVEL.—The State does not apply an ‘‘(iii) individuals described in both clauses (i) case of any other State. effective income level for pregnant women under ‘‘(iv) AMOUNT OF FEDERAL MATCHING PAYMENT and (ii); and the State plan amendment that is lower than the ‘‘(B) was in effect during fiscal year 2007. IN 2011 OR 2012.—For purposes of clause (ii), the effective income level (expressed as a percent of ‘‘(2) DEFINITIONS.— applicable percentage for any quarter of fiscal the poverty line and considering applicable in- ‘‘(A) PARENT.—The term ‘parent’ includes a come disregards) specified under subsection year 2011 or 2012 is equal to— caretaker relative (as such term is used in car- ‘‘(I) the REMAP percentage if— (a)(10)(A)(i)(III), (a)(10)(A)(i)(IV), or (l)(1)(A) of ‘‘(aa) the applicable percentage for the State rying out section 1931) and a legal guardian. section 1902, on the date of enactment of this ‘‘(B) NONPREGNANT CHILDLESS ADULT.—The under clause (iii) was the enhanced FMAP for paragraph to be eligible for medical assistance term ‘nonpregnant childless adult’ has the fiscal year 2009; and as a pregnant woman. meaning given such term by section 2107(f).’’. ‘‘(bb) the State met either of the coverage ‘‘(3) NO COVERAGE FOR HIGHER INCOME PREG- (2) CONFORMING AMENDMENTS.— benchmarks described in subparagraph (B) or NANT WOMEN WITHOUT COVERING LOWER INCOME (A) Section 2107(f) (42 U.S.C. 1397gg(f)) is (C) of paragraph (3) for the preceding fiscal PREGNANT WOMEN.—The State does not provide amended— year; or (i) by striking ‘‘, the Secretary’’ and inserting coverage for pregnant women with higher fam- ‘‘(II) the Federal medical assistance percent- ‘‘: ily income without covering pregnant women age (as so determined) in the case of any State ‘‘(1) The Secretary’’; with a lower family income. to which subclause (I) does not apply. (ii) in the first sentence, by inserting ‘‘or a ‘‘(4) APPLICATION OF REQUIREMENTS FOR COV- For purposes of subclause (I), the REMAP per- parent (as defined in section 2111(c)(2)(A)), who ERAGE OF TARGETED LOW-INCOME CHILDREN.— centage is the percentage which is the sum of is not pregnant, of a targeted low-income child’’ The State provides pregnancy-related assistance such Federal medical assistance percentage and before the period; for targeted low-income pregnant women in the a number of percentage points equal to one-half (iii) by striking the second sentence; and same manner, and subject to the same require- of the difference between such Federal medical (iv) by adding at the end the following new ments, as the State provides child health assist- assistance percentage and such enhanced paragraph: ance for targeted low-income children under the FMAP. ‘‘(2) The Secretary may not approve, extend, State child health plan, and in addition to pro- ‘‘(v) NO FEDERAL PAYMENTS OTHER THAN FROM renew, or amend a waiver, experimental, pilot, viding child health assistance for such women. BLOCK GRANT SET ASIDE.—No payments shall be or demonstration project with respect to a State ‘‘(5) NO PREEXISTING CONDITION EXCLUSION OR made to a State for expenditures described in after the date of enactment of the Children’s WAITING PERIOD.—The State does not apply any clause (ii) after the total amount set aside under Health Insurance Program Reauthorization Act exclusion of benefits for pregnancy-related as- clause (i) for a fiscal year has been paid to the of 2007 that would waive or modify the require- sistance based on any preexisting condition or State. ments of section 2111.’’. any waiting period (including any waiting pe- ‘‘(vi) NO INCREASE IN INCOME ELIGIBILITY (B) Section 6102(c) of the Deficit Reduction riod imposed to carry out section 2102(b)(3)(C)) LEVEL FOR PARENTS.—No payments shall be Act of 2005 (Public Law 109–171; 120 Stat. 131) is for receipt of such assistance. made to a State from the amount set aside under amended by striking ‘‘Nothing’’ and inserting ‘‘(6) APPLICATION OF COST-SHARING PROTEC- clause (i) for a fiscal year for expenditures for ‘‘Subject to section 2111 of the Social Security TION.—The State provides pregnancy-related as- providing child health assistance or health ben- Act, as added by section 106(a)(1) of the Chil- sistance to a targeted low-income woman con- efits coverage to a parent of a targeted low-in- dren’s Health Insurance Program Reauthoriza- sistent with the cost-sharing protections under come child whose family income exceeds the in- tion Act of 2007, nothing’’. section 2103(e) and applies the limitation on come eligibility level applied under the applica- (b) GAO STUDY AND REPORT.— total annual aggregate cost sharing imposed ble existing waiver to parents of targeted low-in- (1) IN GENERAL.—The Comptroller General of under paragraph (3)(B) of such section to the come children on the date of enactment of the the United States shall conduct a study of family of such a woman. Children’s Health Insurance Program Reauthor- whether— ‘‘(c) OPTION TO PROVIDE PRESUMPTIVE ELIGI- ization Act of 2007. (A) the coverage of a parent, a caretaker rel- BILITY.—A State that elects the option under ‘‘(3) OUTREACH OR COVERAGE BENCHMARKS.— ative (as such term is used in carrying out sec- subsection (a) and satisfies the conditions de- For purposes of paragraph (2), the outreach or tion 1931), or a legal guardian of a targeted low- scribed in subsection (b) may elect to apply sec- coverage benchmarks described in this para- income child under a State health plan under tion 1920 (relating to presumptive eligibility for graph are as follows: title XXI of the Social Security Act increases the pregnant women) to the State child health plan ‘‘(A) SIGNIFICANT CHILD OUTREACH CAM- enrollment of, or the quality of care for, chil- in the same manner as such section applies to PAIGN.—The State— dren, and the State plan under title XIX.

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‘‘(d) DEFINITIONS.—For purposes of this sec- (1) NO COST SHARING FOR PREGNANCY-RELATED under subparagraph (C) which is allocable to tion: BENEFITS.—Section 2103(e)(2) (42 U.S.C. amounts in such account. ‘‘(1) PREGNANCY-RELATED ASSISTANCE.—The 1397cc(e)(2)) is amended— ‘‘(3) CHIP CONTINGENCY FUND PAYMENTS.— term ‘pregnancy-related assistance’ has the (A) in the heading, by inserting ‘‘OR PREG- ‘‘(A) PAYMENTS.— meaning given the term ‘child health assistance’ NANCY-RELATED ASSISTANCE’’ after ‘‘PREVENTIVE ‘‘(i) IN GENERAL.—Subject to clauses (ii) and in section 2110(a) and includes any medical as- SERVICES’’; and (iii) and the succeeding subparagraphs of this sistance that the State would provide for a preg- (B) by inserting before the period at the end paragraph, the Secretary shall pay from the nant woman under the State plan under title the following: ‘‘or for pregnancy-related assist- Fund to a State that is an eligible State for a XIX during pregnancy and the period described ance’’. month of a fiscal year a CHIP contingency fund in paragraph (2)(A). (2) NO WAITING PERIOD.—Section 2102(b)(1)(B) payment equal to the Federal share of the short- ‘‘(2) TARGETED LOW-INCOME PREGNANT (42 U.S.C. 1397bb(b)(1)(B)) is amended— fall determined under subparagraph (D). In the WOMAN.—The term ‘targeted low-income preg- (A) in clause (i), by striking ‘‘, and’’ at the case of an eligible State under subparagraph nant woman’ means a woman— end and inserting a semicolon; (D)(i), the Secretary shall not make the payment ‘‘(A) during pregnancy and through the end (B) in clause (ii), by striking the period at the under this subparagraph until the State makes, of the month in which the 60-day period (begin- end and inserting ‘‘; and’’; and and submits to the Secretary, a projection of the ning on the last day of her pregnancy) ends; (C) by adding at the end the following new amount of the shortfall. ‘‘(B) whose family income does not exceed the clause: ‘‘(ii) SEPARATE DETERMINATIONS OF SHORT- income eligibility level established under the ‘‘(iii) may not apply a waiting period (includ- FALLS.—The Secretary shall separately compute State child health plan under this title for a tar- ing a waiting period to carry out paragraph the shortfall under subparagraph (D) for ex- geted low-income child; and (3)(C)) in the case of a targeted low-income penditures for eligible individuals other than ‘‘(C) who satisfies the requirements of para- pregnant woman provided pregnancy-related as- nonpregnant childless adults and parents with graphs (1)(A), (1)(C), (2), and (3) of section sistance under section 2112.’’. respect to whom amounts are set aside under 2110(b) in the same manner as a child applying SEC. 108. CHIP CONTINGENCY FUND. section 2111, for expenditures for such childless for child health assistance would have to satisfy Section 2104 (42 U.S.C. 1397dd), as amended by adults, and for expenditures for such parents. such requirements. section 105, is amended by adding at the end the ‘‘(iii) PAYMENTS.— ‘‘(I) NONPREGNANT CHILDLESS ADULTS.—No ‘‘(e) AUTOMATIC ENROLLMENT FOR CHILDREN following new subsection: payments shall be made from the Fund for non- BORN TO WOMEN RECEIVING PREGNANCY-RE- ‘‘(k) CHIP CONTINGENCY FUND.— pregnant childless adults with respect to whom LATED ASSISTANCE.—If a child is born to a tar- ‘‘(1) ESTABLISHMENT.—There is hereby estab- amounts are set aside under section 2111(a)(3). geted low-income pregnant woman who was re- lished in the Treasury of the United States a ‘‘(II) PARENTS.—Any payments with respect to ceiving pregnancy-related assistance under this fund which shall be known as the ‘CHIP Con- any shortfall for parents who are paid from section on the date of the child’s birth, the child tingency Fund’ (in this subsection referred to as amounts set aside under section 2111(b)(2)(B)(i) shall be deemed to have applied for child health the ‘Fund’). Amounts in the Fund are author- shall be made only from the account established assistance under the State child health plan and ized to be appropriated for payments under this under paragraph (2)(E)(ii) and not from any to have been found eligible for such assistance subsection. other amounts in the Fund. No other payments under such plan or to have applied for medical ‘‘(2) DEPOSITS INTO FUND.— ‘‘(A) INITIAL AND SUBSEQUENT APPROPRIA- may be made from such account. assistance under title XIX and to have been ‘‘(iv) SPECIAL RULES.—Subparagraphs (B) and TIONS.—Subject to subparagraphs (B) and (E), found eligible for such assistance under such (C) shall be applied separately with respect to title, as appropriate, on the date of such birth out of any money in the Treasury of the United States not otherwise appropriated, there are ap- shortfalls described in clause (ii). and to remain eligible for such assistance until ‘‘(B) USE OF FUNDS.—Amounts paid to an eli- propriated to the Fund— the child attains 1 year of age. During the pe- gible State from the Fund shall be used only to ‘‘(i) for fiscal year 2009, an amount equal to riod in which a child is deemed under the pre- eliminate the Federal share of a shortfall in the 12.5 percent of the available national allotment ceding sentence to be eligible for child health or State’s allotment under subsection (i) for a fiscal under subsection (i)(1)(C) for the fiscal year; medical assistance, the child health or medical year. and assistance eligibility identification number of ‘‘(C) PRORATION RULE.—If the amounts avail- ‘‘(ii) for each of fiscal years 2010 through 2012, the mother shall also serve as the identification able for payment from the Fund for a fiscal year such sums as are necessary for making pay- number of the child, and all claims shall be sub- are less than the total amount of payments de- ments to eligible States for such fiscal year, but mitted and paid under such number (unless the termined under subparagraph (A) for the fiscal not in excess of the aggregate cap described in State issues a separate identification number for year, the amount to be paid under such sub- subparagraph (B). the child before such period expires). paragraph to each eligible State shall be re- ‘‘(B) AGGREGATE CAP.—Subject to subpara- ‘‘(f) STATES PROVIDING ASSISTANCE THROUGH duced proportionally. graph (E), the total amount available for pay- OTHER OPTIONS.— ‘‘(D) ELIGIBLE STATE.— ‘‘(1) CONTINUATION OF OTHER OPTIONS FOR ment from the Fund for each of fiscal years 2009 ‘‘(i) IN GENERAL.—A State is an eligible State PROVIDING ASSISTANCE.—The option to provide through 2012 (taking into account deposits made for a month if the State is a subsection (b) State assistance in accordance with the preceding under subparagraph (C)), shall not exceed 12.5 (as defined in subsection (i)(7)), the State re- subsections of this section shall not limit any percent of the available national allotment quests access to the Fund for the month, and it other option for a State to provide— under subsection (i)(1)(C) for the fiscal year. is described in clause (ii) or (iii). ‘‘(A) child health assistance through the ap- ‘‘(C) INVESTMENT OF FUND.—The Secretary of ‘‘(ii) SHORTFALL OF FEDERAL ALLOTMENT plication of sections 457.10, 457.350(b)(2), the Treasury shall invest, in interest bearing se- FUNDING OF NOT MORE THAN 5 PERCENT.—The 457.622(c)(5), and 457.626(a)(3) of title 42, Code curities of the United States, such currently Secretary estimates, on the basis of the most re- of Federal Regulations (as in effect after the available portions of the Fund as are not imme- cent data available to the Secretary or requested final rule adopted by the Secretary and set forth diately required for payments from the Fund. from the State by the Secretary, that the State’s at 67 Fed. Reg. 61956–61974 (October 2, 2002)), or The income derived from these investments con- allotment for the fiscal year is at least 95 per- ‘‘(B) pregnancy-related services through the stitutes a part of the Fund. cent, but less than 100 percent, of the projected application of any waiver authority (as in effect ‘‘(D) TRANSFER OF EXCESS FUNDS TO THE IN- expenditures under the State child health plan on June 1, 2007). CENTIVE FUND.—The Secretary of the Treasury for the State for the fiscal year determined ‘‘(2) CLARIFICATION OF AUTHORITY TO PROVIDE shall transfer to, and deposit in, the CHIP In- under subsection (i) (without regard to incentive POSTPARTUM SERVICES.—Any State that provides centive Bonuses Pool established under sub- bonuses or payments for which the State is eligi- child health assistance under any authority de- section (j) any amounts in excess of the aggre- ble for under subsection (j)(2) for the fiscal scribed in paragraph (1) may continue to pro- gate cap described in subparagraph (B) for a fis- year). vide such assistance, as well as postpartum serv- cal year. ‘‘(iii) SHORTFALL OF FEDERAL ALLOTMENT ices, through the end of the month in which the ‘‘(E) SPECIAL RULES FOR AMOUNTS SET ASIDE FUNDING OF MORE THAN 5 PERCENT CAUSED BY 60-day period (beginning on the last day of the FOR PARENTS AND CHILDLESS ADULTS.—For pur- SPECIFIC EVENTS.—The Secretary estimates, on pregnancy) ends, in the same manner as such poses of subparagraphs (A) and (B)— the basis of the most recent data available to the assistance and postpartum services would be ‘‘(i) the available national allotment under Secretary or requested from the State by the Sec- provided if provided under the State plan under subsection (i)(1)(C) shall be reduced by any retary, that the State’s allotment for the fiscal title XIX, but only if the mother would other- amount set aside under section 2111(a)(3) for year is less than 95 percent of the projected ex- wise satisfy the eligibility requirements that block grant payments for transitional coverage penditures under the State child health plan for apply under the State child health plan (other for childless adults; and the State for the fiscal year determined under than with respect to age) during such period. ‘‘(ii) the Secretary shall establish a separate subsection (i) (without regard to incentive bo- ‘‘(3) NO INFERENCE.—Nothing in this sub- account in the Fund for the portion of any nuses or payments for which the State is eligible section shall be construed— amount appropriated to the Fund for any fiscal for under subsection (j)(2) for the fiscal year) ‘‘(A) to infer congressional intent regarding year which is allocable to the portion of the and that such shortfall is attributable to 1 or the legality or illegality of the content of the available national allotment under subsection more of the following events: sections specified in paragraph (1)(A); or (i)(1)(C) which is set aside for the fiscal year ‘‘(I) STAFFORD ACT OR PUBLIC HEALTH EMER- ‘‘(B) to modify the authority to provide preg- under section 2111(b)(2)(B)(i) for coverage of GENCY.—The State has— nancy-related services under a waiver specified parents of low-income children. ‘‘(aa) 1 or more parishes or counties for which in paragraph (1)(B).’’. The Secretary shall include in the account es- a major disaster has been declared in accord- (b) ADDITIONAL CONFORMING AMENDMENTS.— tablished under clause (ii) any income derived ance with section 401 of the Robert T. Stafford

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Disaster Relief and Emergency Assistance Act ‘‘(2) INCENTIVE BONUSES.—Incentive bonuses (1) in paragraph (1)(A), by inserting ‘‘subject (42 U.S.C. 5170) and which the President has de- paid to a State under subsection (j)(2) for a fis- to paragraph (4),’’ after ‘‘Notwithstanding any termined warrants individual and public assist- cal year shall remain available for expenditure other provision of law,’’; and ance from the Federal Government under such by the State without limitation. (2) by adding at the end the following new Act; or ‘‘(3) CHIP CONTINGENCY FUND PAYMENTS.—Ex- paragraph: ‘‘(bb) a public health emergency declared by cept as provided in paragraph (3)(F) of sub- ‘‘(4) OPTION FOR ALLOTMENTS FOR FISCAL the Secretary under section 319 of the Public section (k), CHIP Contingency Fund payments YEARS 2008 THROUGH 2012.— Health Service Act. made to a State under such subsection for a ‘‘(A) PAYMENT OF ENHANCED PORTION OF ‘‘(II) STATE ECONOMIC DOWNTURN.—The State month of a fiscal year shall remain available for MATCHING RATE FOR CERTAIN EXPENDITURES.—In unemployment rate is at least 5.5 percent during expenditure by the State through the end of the the case of expenditures described in subpara- any 3-month period during the fiscal year and fiscal year. graph (B), a qualifying State (as defined in such rate is at least 120 percent of the State un- ‘‘(4) RULE FOR COUNTING EXPENDITURES paragraph (2)) may elect to be paid from the employment rate for the same period as aver- AGAINST CHIP CONTINGENCY FUND PAYMENTS, FIS- State’s allotment made under section 2104 for aged over the last 3 fiscal years. CAL YEAR ALLOTMENTS, AND INCENTIVE BO- any of fiscal years 2008 through 2012 (insofar as ‘‘(III) EVENT RESULTING IN RISE IN PERCENT- NUSES.— the allotment is available to the State under AGE OF LOW-INCOME CHILDREN WITHOUT HEALTH ‘‘(A) IN GENERAL.—Expenditures under the subsections (e) and (i) of such section) an INSURANCE.—The State experienced a recent State child health plan made on or after October amount each quarter equal to the additional event that resulted in an increase in the per- 1, 2007, shall be counted against— amount that would have been paid to the State centage of low-income children in the State ‘‘(i) first, any CHIP Contingency Fund pay- under title XIX with respect to such expendi- without health insurance (as determined on the ment made to the State under subsection (k) for tures if the enhanced FMAP (as determined basis of the most timely and accurate published the earliest month of the earliest fiscal year for under subsection (b)) had been substituted for estimates of the Bureau of the Census) that was which the payment remains available for ex- the Federal medical assistance percentage (as outside the control of the State and warrants penditure; and defined in section 1905(b)). ‘‘(ii) second, amounts allotted to the State for granting the State access to the Fund (as deter- ‘‘(B) EXPENDITURES DESCRIBED.—For purposes mined by the Secretary). the earliest fiscal year for which amounts re- of subparagraph (A), the expenditures described ‘‘(E) PAYMENTS MADE TO ALL ELIGIBLE STATES main available for expenditure. in this subparagraph are expenditures made ‘‘(B) INCENTIVE BONUSES.—A State may elect, ON A MONTHLY BASIS; AUTHORITY FOR PRO RATA after the date of the enactment of this para- but is not required, to count expenditures under PAYMENTS.—The Secretary shall make monthly graph and during the period in which funds are payments from the Fund to all States that are the State child health plan against any incen- tive bonuses paid to the State under subsection available to the qualifying State for use under determined to be eligible States with respect to a subparagraph (A), for the provision of medical month. If the sum of the payments to be made (j)(2) for a fiscal year. ‘‘(C) BLOCK GRANT SET-ASIDES.—Expenditures assistance to individuals residing in the State from the Fund for a month exceed the amount who are eligible for medical assistance under the in the Fund, the Secretary shall reduce each for coverage of— ‘‘(i) nonpregnant childless adults for fiscal State plan under title XIX or under a waiver of such payment on a proportional basis. such plan and who have not attained age 19 (or, ‘‘(F) PAYMENTS LIMITED TO FISCAL YEAR OF year 2009 shall be counted only against the if a State has so elected under the State plan ELIGIBILITY DETERMINATION UNLESS NEW ELIGI- amount set aside for such coverage under sec- under title XIX, age 20 or 21), and whose family BILITY BASIS DETERMINED.—No State shall re- tion 2111(a)(3); and income equals or exceeds 133 percent of the pov- ceive a CHIP contingency fund payment under ‘‘(ii) parents of targeted low-income children erty line but does not exceed the Medicaid appli- this section for a month beginning after Sep- for each of fiscal years 2010 through 2012, shall cable income level.’’. tember 30 of the fiscal year in which the State be counted only against the amount set aside for is determined to be an eligible State under this such coverage under section 2111(b)(2)(B)(i).’’. TITLE II—OUTREACH AND ENROLLMENT subsection, except that in the case of an event SEC. 110. LIMITATION ON MATCHING RATE FOR SEC. 201. GRANTS FOR OUTREACH AND ENROLL- STATES THAT PROPOSE TO COVER MENT. described in subclause (I) or (III) of subpara- CHILDREN WITH EFFECTIVE FAMILY (a) GRANTS.—Title XXI (42 U.S.C. 1397aa et graph (D)(iii) that occurred after July 1 of the INCOME THAT EXCEEDS 300 PER- fiscal year, any such payment with respect to CENT OF THE POVERTY LINE. seq.), as amended by section 107, is amended by such event shall remain available until Sep- (a) FMAP APPLIED TO EXPENDITURES.—Sec- adding at the end the following: tember 30 of the subsequent fiscal year. Nothing tion 2105(c) (42 U.S.C. 1397ee(c)) is amended by ‘‘SEC. 2113. GRANTS TO IMPROVE OUTREACH AND in the preceding sentence shall be construed as adding at the end the following new paragraph: ENROLLMENT. prohibiting a State from being determined to be ‘‘(8) LIMITATION ON MATCHING RATE FOR EX- ‘‘(a) OUTREACH AND ENROLLMENT GRANTS; an eligible State under this subsection for any PENDITURES FOR CHILD HEALTH ASSISTANCE PRO- NATIONAL CAMPAIGN.— fiscal year occurring after a fiscal year in which VIDED TO CHILDREN WHOSE EFFECTIVE FAMILY ‘‘(1) IN GENERAL.—From the amounts appro- such a determination is made. INCOME EXCEEDS 300 PERCENT OF THE POVERTY priated under subsection (g), subject to para- ‘‘(G) EXEMPTION FROM DETERMINATION OF LINE.— graph (2), the Secretary shall award grants to PERCENTAGE OF ALLOTMENT RETAINED AFTER ‘‘(A) FMAP APPLIED TO EXPENDITURES.—Ex- eligible entities during the period of fiscal years FIRST YEAR OF AVAILABILITY.—In no event shall cept as provided in subparagraph (B), for fiscal 2008 through 2012 to conduct outreach and en- payments made to a State under this subsection years beginning with fiscal year 2008, the Fed- rollment efforts that are designed to increase the be treated as part of the allotment determined eral medical assistance percentage (as deter- enrollment and participation of eligible children for a State for a fiscal year under subsection (i) mined under section 1905(b) without regard to under this title and title XIX. for purposes of subsection (j)(1)(B)(ii)(III). clause (4) of such section) shall be substituted ‘‘(2) TEN PERCENT SET ASIDE FOR NATIONAL EN- ‘‘(H) APPLICATION OF ALLOTMENT REPORTING for the enhanced FMAP under subsection (a)(1) ROLLMENT CAMPAIGN.—An amount equal to 10 RULES.—Rules applicable to States for purposes with respect to any expenditures for providing percent of such amounts shall be used by the of receiving payments from an allotment deter- child health assistance or health benefits cov- Secretary for expenditures during such period to mined under subsection (c) or (i) shall apply in erage for a targeted low-income child whose ef- carry out a national enrollment campaign in ac- the same manner to an eligible State for pur- fective family income would exceed 300 percent cordance with subsection (h). poses of receiving a CHIP contingency fund of the poverty line but for the application of a ‘‘(b) PRIORITY FOR AWARD OF GRANTS.— payment under this subsection. general exclusion of a block of income that is ‘‘(1) IN GENERAL.—In awarding grants under ‘‘(4) ANNUAL REPORTS.—The Secretary shall not determined by type of expense or type of in- subsection (a), the Secretary shall give priority annually report to the Congress on the amounts come. to eligible entities that— in the Fund, the specific events that caused ‘‘(B) EXCEPTION.—Subparagraph (A) shall not ‘‘(A) propose to target geographic areas with States to apply for payments from the Fund, apply to any State that, on the date of enact- high rates of— and the payments made from the Fund.’’. ment of the Children’s Health Insurance Pro- ‘‘(i) eligible but unenrolled children, including such children who reside in rural areas; or SEC. 109. TWO-YEAR AVAILABILITY OF ALLOT- gram Reauthorization Act of 2007, has an ap- ‘‘(ii) racial and ethnic minorities and health MENTS; EXPENDITURES COUNTED proved State plan amendment or waiver to pro- AGAINST OLDEST ALLOTMENTS. vide, or has enacted a State law to submit a disparity populations, including those proposals Section 2104(e) (42 U.S.C. 1397dd(e)) is amend- State plan amendment to provide, expenditures that address cultural and linguistic barriers to ed to read as follows: described in such subparagraph under the State enrollment; and ‘‘(B) submit the most demonstrable evidence ‘‘(e) AVAILABILITY OF AMOUNTS ALLOTTED.— child health plan.’’. ‘‘(1) IN GENERAL.—Except as provided in sub- (b) CONFORMING AMENDMENT.—Section required under paragraphs (1) and (2) of sub- section (j)(1)(B)(ii)(III), amounts allotted to a 2105(a)(1) (42 U.S.C. 1397dd(a)(1)) is amended, section (c). ‘‘(2) TEN PERCENT SET ASIDE FOR OUTREACH TO State pursuant to this section— in the matter preceding subparagraph (A), by INDIAN CHILDREN.—An amount equal to 10 per- ‘‘(A) for each of fiscal years 1998 through inserting ‘‘or subsection (c)(8)’’ after ‘‘subpara- cent of the funds appropriated under subsection 2006, shall remain available for expenditure by graph (B)’’. the State through the end of the second suc- (g) shall be used by the Secretary to award SEC. 111. OPTION FOR QUALIFYING STATES TO ceeding fiscal year; and RECEIVE THE ENHANCED PORTION grants to Indian Health Service providers and ‘‘(B) for each of fiscal years 2007 through OF THE CHIP MATCHING RATE FOR urban Indian organizations receiving funds 2012, shall remain available for expenditure by MEDICAID COVERAGE OF CERTAIN under title V of the Indian Health Care Im- the State only through the end of the suc- CHILDREN. provement Act (25 U.S.C. 1651 et seq.) for out- ceeding fiscal year for which such amounts are Section 2105(g) (42 U.S.C. 1397ee(g)) is amend- reach to, and enrollment of, children who are allotted. ed— Indians.

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‘‘(c) APPLICATION.—An eligible entity that de- ‘‘(A) a Federally-qualified health center (as awareness of the programs under this title and sires to receive a grant under subsection (a) defined in section 1905(l)(2)(B)); title XIX.’’. shall submit an application to the Secretary in ‘‘(B) a hospital defined as a disproportionate (b) ENHANCED ADMINISTRATIVE FUNDING FOR such form and manner, and containing such in- share hospital for purposes of section 1923; TRANSLATION OR INTERPRETATION SERVICES formation, as the Secretary may decide. Such ‘‘(C) a covered entity described in section UNDER CHIP.—Section 2105(a)(1) (42 U.S.C. application shall include— 340B(a)(4) of the Public Health Service Act (42 1397ee(a)(1)), as amended by section 603, is ‘‘(1) evidence demonstrating that the entity U.S.C. 256b(a)(4)); and amended— includes members who have access to, and credi- ‘‘(D) any other entity or consortium that (1) in the matter preceding subparagraph (A), bility with, ethnic or low-income populations in serves children under a federally funded pro- by inserting ‘‘(or, in the case of expenditures de- the communities in which activities funded gram, including the special supplemental nutri- scribed in subparagraph (D)(iv), the higher of 75 under the grant are to be conducted; tion program for women, infants, and children percent or the sum of the enhanced FMAP plus ‘‘(2) evidence demonstrating that the entity (WIC) established under section 17 of the Child 5 percentage points)’’ after ‘‘enhanced FMAP’’; has the ability to address barriers to enrollment, Nutrition Act of 1966 (42 U.S.C. 1786), the Head and such as lack of awareness of eligibility, stigma Start and Early Head Start programs under the (2) in subparagraph (D)— concerns and punitive fears associated with re- Head Start Act (42 U.S.C. 9801 et seq.), the (A) in clause (iii), by striking ‘‘and’’ at the ceipt of benefits, and other cultural barriers to school lunch program established under the end; applying for and receiving child health assist- Richard B. Russell National School Lunch Act, (B) by redesignating clause (iv) as clause (v); ance or medical assistance; and an elementary or secondary school. and ‘‘(3) specific quality or outcomes performance ‘‘(3) INDIANS; INDIAN TRIBE; TRIBAL ORGANIZA- (C) by inserting after clause (iii) the following measures to evaluate the effectiveness of activi- TION; URBAN INDIAN ORGANIZATION.—The terms new clause: ties funded by a grant awarded under this sec- ‘Indian’, ‘Indian tribe’, ‘tribal organization’, ‘‘(iv) for translation or interpretation services tion; and and ‘urban Indian organization’ have the in connection with the enrollment and use of ‘‘(4) an assurance that the eligible entity meanings given such terms in section 4 of the services under this title by individuals for whom shall— Indian Health Care Improvement Act (25 U.S.C. English is not their primary language (as found ‘‘(A) conduct an assessment of the effective- 1603). necessary by the Secretary for the proper and ness of such activities against the performance ‘‘(4) COMMUNITY HEALTH WORKER.—The term efficient administration of the State plan); measures; ‘community health worker’ means an individual and’’. ‘‘(B) cooperate with the collection and report- who promotes health or nutrition within the (c) NONAPPLICATION OF ADMINISTRATIVE EX- ing of enrollment data and other information in community in which the individual resides— PENDITURES CAP.—Section 2105(c)(2) (42 U.S.C. order for the Secretary to conduct such assess- ‘‘(A) by serving as a liaison between commu- 1397ee(c)(2)) is amended by adding at the end ments; and nities and health care agencies; the following: ‘‘(C) in the case of an eligible entity that is ‘‘(B) by providing guidance and social assist- ‘‘(C) NONAPPLICATION TO CERTAIN EXPENDI- not the State, provide the State with enrollment ance to community residents; TURES.—The limitation under subparagraph (A) data and other information as necessary for the ‘‘(C) by enhancing community residents’ abil- shall not apply with respect to the following ex- State to make necessary projections of eligible ity to effectively communicate with health care penditures: children and pregnant women. providers; ‘‘(i) EXPENDITURES FUNDED UNDER SECTION ‘‘(d) DISSEMINATION OF ENROLLMENT DATA ‘‘(D) by providing culturally and linguis- 2113.—Expenditures for outreach and enrollment AND INFORMATION DETERMINED FROM EFFEC- tically appropriate health or nutrition edu- activities funded under a grant awarded to the TIVENESS ASSESSMENTS; ANNUAL REPORT.—The cation; State under section 2113.’’. Secretary shall— ‘‘(E) by advocating for individual and commu- SEC. 202. INCREASED OUTREACH AND ENROLL- ‘‘(1) make publicly available the enrollment nity health or nutrition needs; and MENT OF INDIANS. data and information collected and reported in ‘‘(F) by providing referral and followup serv- (a) IN GENERAL.—Section 1139 (42 U.S.C. accordance with subsection (c)(4)(B); and ices. 1320b–9) is amended to read as follows: ‘‘(2) submit an annual report to Congress on ‘‘(g) APPROPRIATION.—There is appropriated, ‘‘SEC. 1139. IMPROVED ACCESS TO, AND DELIVERY the outreach and enrollment activities con- out of any money in the Treasury not otherwise OF, HEALTH CARE FOR INDIANS ducted with funds appropriated under this sec- appropriated, $100,000,000 for the period of fiscal UNDER TITLES XIX AND XXI. tion. years 2008 through 2012, to remain available ‘‘(a) AGREEMENTS WITH STATES FOR MEDICAID ‘‘(e) MAINTENANCE OF EFFORT FOR STATES until expended, for the purpose of awarding AND CHIP OUTREACH ONORNEAR RESERVA- AWARDED GRANTS; NO STATE MATCH RE- grants under this section. Amounts appropriated TIONS TO INCREASE THE ENROLLMENT OF INDIANS QUIRED.—In the case of a State that is awarded and paid under the authority of this section IN THOSE PROGRAMS.— a grant under this section— shall be in addition to amounts appropriated ‘‘(1) IN GENERAL.—In order to improve the ac- ‘‘(1) the State share of funds expended for under section 2104 and paid to States in accord- cess of Indians residing on or near a reservation outreach and enrollment activities under the ance with section 2105, including with respect to to obtain benefits under the Medicaid and State State child health plan shall not be less than expenditures for outreach activities in accord- children’s health insurance programs estab- the State share of such funds expended in the ance with subsections (a)(1)(D)(iii) and (c)(2)(C) lished under titles XIX and XXI, the Secretary fiscal year preceding the first fiscal year for of that section. shall encourage the State to take steps to pro- which the grant is awarded; and ‘‘(h) NATIONAL ENROLLMENT CAMPAIGN.— vide for enrollment on or near the reservation. ‘‘(2) no State matching funds shall be required From the amounts made available under sub- Such steps may include outreach efforts such as for the State to receive a grant under this sec- section (a)(2), the Secretary shall develop and the outstationing of eligibility workers, entering tion. implement a national enrollment campaign to into agreements with the Indian Health Service, ‘‘(f) DEFINITIONS.—In this section: improve the enrollment of underserved child Indian Tribes, Tribal Organizations, and Urban ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- populations in the programs established under Indian Organizations to provide outreach, edu- ty’ means any of the following: this title and title XIX. Such campaign may in- cation regarding eligibility and benefits, enroll- ‘‘(A) A State with an approved child health clude— ment, and translation services when such serv- plan under this title. ‘‘(1) the establishment of partnerships with ices are appropriate. ‘‘(B) A local government. the Secretary of Education and the Secretary of ‘‘(2) CONSTRUCTION.—Nothing in paragraph ‘‘(C) An Indian tribe or tribal consortium, a Agriculture to develop national campaigns to (1) shall be construed as affecting arrangements tribal organization, an urban Indian organiza- link the eligibility and enrollment systems for entered into between States and the Indian tion receiving funds under title V of the Indian the assistance programs each Secretary admin- Health Service, Indian Tribes, Tribal Organiza- Health Care Improvement Act (25 U.S.C. 1651 et isters that often serve the same children; tions, or Urban Indian Organizations for such seq.), or an Indian Health Service provider. ‘‘(2) the integration of information about the Service, Tribes, or Organizations to conduct ad- ‘‘(D) A Federal health safety net organiza- programs established under this title and title ministrative activities under such titles. tion. XIX in public health awareness campaigns ad- ‘‘(b) REQUIREMENT TO FACILITATE COOPERA- ‘‘(E) A national, State, local, or community- ministered by the Secretary; TION.—The Secretary, acting through the Cen- based public or nonprofit private organization, ‘‘(3) increased financial and technical support ters for Medicare & Medicaid Services, shall including organizations that use community for enrollment hotlines maintained by the Sec- take such steps as are necessary to facilitate co- health workers or community-based doula pro- retary to ensure that all States participate in operation with, and agreements between, States grams. such hotlines; and the Indian Health Service, Indian Tribes, ‘‘(F) A faith-based organization or consortia, ‘‘(4) the establishment of joint public aware- Tribal Organizations, or Urban Indian Organi- to the extent that a grant awarded to such an ness outreach initiatives with the Secretary of zations with respect to the provision of health entity is consistent with the requirements of sec- Education and the Secretary of Labor regarding care items and services to Indians under the tion 1955 of the Public Health Service Act (42 the importance of health insurance to building programs established under title XIX or XXI. U.S.C. 300x–65) relating to a grant award to strong communities and the economy; ‘‘(c) DEFINITION OF INDIAN; INDIAN TRIBE; IN- nongovernmental entities. ‘‘(5) the development of special outreach mate- DIAN HEALTH PROGRAM; TRIBAL ORGANIZATION; ‘‘(G) An elementary or secondary school. rials for Native Americans or for individuals URBAN INDIAN ORGANIZATION.—In this section, ‘‘(2) FEDERAL HEALTH SAFETY NET ORGANIZA- with limited English proficiency; and the terms ‘Indian’, ‘Indian Tribe’, ‘Indian TION.—The term ‘Federal health safety net orga- ‘‘(6) such other outreach initiatives as the Health Program’, ‘Tribal Organization’, and nization’ means— Secretary determines would increase public ‘Urban Indian Organization’ have the meanings

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given those terms in section 4 of the Indian in the State CHIP plan) that they may qualify (2) STATE OPTIONS FOR APPLICATION.—A State Health Care Improvement Act.’’. for lower premium payments or more com- selected to participate in the demonstration pro- (b) NONAPPLICATION OF 10 PERCENT LIMIT ON prehensive health coverage under the State gram may elect to apply any of the following: OUTREACH AND CERTAIN OTHER EXPENDI- Medicaid plan if the family’s income were di- (A) SATISFACTION OF CHIP SCREEN AND ENROLL TURES.—Section 2105(c)(2)(C) (42 U.S.C. rectly evaluated for an eligibility determination REQUIREMENTS.—If the State relies on a finding 1397ee(c)(2)(C)), as added by section 201(c), is by the State Medicaid agency, and that, at the of an Express Lane agency for purposes of de- amended by adding at the end the following family’s option, the family may seek an eligi- termining eligibility under the State CHIP plan, new clause: bility determination by the State Medicaid agen- the State may meet the screen and enroll re- ‘‘(ii) EXPENDITURES TO INCREASE OUTREACH cy. quirements imposed under subparagraphs (A) TO, AND THE ENROLLMENT OF, INDIAN CHILDREN (C) COMPLIANCE WITH DEPARTMENT OF HOME- and (B) of section 2102(b)(3) of the Social Secu- UNDER THIS TITLE AND TITLE XIX.—Expenditures LAND SECURITY PROCEDURES.—The State may rity Act (42 U.S.C. 1397bb(b)(3)) by using any of for outreach activities to families of Indian chil- rely on an Express Lane agency finding that a the following: dren likely to be eligible for child health assist- child is a qualified alien as long as the Express (i) Establishing a threshold percentage of the ance under the plan or medical assistance under Lane agency complies with guidance and regu- poverty line that is 30 percentage points (or the State plan under title XIX (or under a waiv- latory procedures issued by the Secretary of such other higher number of percentage points) er of such plan), to inform such families of the Homeland Security for eligibility determinations as the State determines reflects the income meth- availability of, and to assist them in enrolling of qualified aliens (as defined in subsections (b) odologies of the program administered by the their children in, such plans, including such ac- and (c) of section 431 of the Personal Responsi- Express Lane Agency and the State Medicaid tivities conducted under grants, contracts, or bility and Work Opportunity Reconciliation Act plan. agreements entered into under section 1139(a).’’. of 1996 (8 U.S.C. 1641)). (ii) Providing that a child satisfies all income (D) VERIFICATION OF CITIZENSHIP OR NATION- SEC. 203. DEMONSTRATION PROGRAM TO PERMIT requirements for eligibility under the State Med- ALITY STATUS.—The State shall satisfy the re- STATES TO RELY ON FINDINGS BY icaid plan. quirements of section 1902(a)(46)(B) or 2105(c)(9) AN EXPRESS LANE AGENCY TO DE- (iii) Providing that a child has a family in- of the Social Security Act, as applicable (and as TERMINE COMPONENTS OF A come that exceeds the Medicaid applicable in- CHILD’S ELIGIBILITY FOR MEDICAID added by section 301 of this Act) for OR CHIP. verifications of citizenship or nationality status. come level. (a) REQUIREMENT TO CONDUCT DEMONSTRA- (E) CODING; APPLICATION TO ENROLLMENT (B) PRESUMPTIVE ELIGIBILITY.—The State may TION PROGRAM.— ERROR RATES.— provide for presumptive eligibility under the (1) IN GENERAL.—The Secretary shall establish (i) IN GENERAL.—The State agrees to— State CHIP plan for a child who, based on an a 3-year demonstration program under which up (I) assign such codes as the Secretary shall re- eligibility determination of an income finding to 10 States shall be authorized to rely on a quire to the children who are enrolled in the from an Express Lane agency, would qualify for finding made within the preceding 12 months by State Medicaid plan or the State CHIP plan child health assistance under the State CHIP an Express Lane agency to determine whether a through reliance on a finding made by an Ex- plan. During the period of presumptive eligi- child has met 1 or more of the eligibility require- press Lane agency for the duration of the bility, the State may determine the child’s eligi- ments, such as income, assets or resources, citi- State’s participation in the demonstration pro- bility for child health assistance under the State zenship status, or other criteria, necessary to gram; CHIP plan based on telephone contact with determine the child’s initial eligibility, eligibility (II) annually provide the Secretary with a family members, access to data available in elec- redetermination, or renewal of eligibility, for statistically valid sample (that is approved by tronic or paper format, or other means that min- Secretary) of the children enrolled in such plans medical assistance under the State Medicaid imize to the maximum extent feasible the burden through reliance on such a finding by con- plan or child health assistance under the State on the family. ducting a full Medicaid eligibility review of the CHIP plan. A State selected to participate in the (C) AUTOMATIC ENROLLMENT.— children identified for such sample for purposes demonstration program— (i) IN GENERAL.—The State may initiate and of determining an eligibility error rate with re- (A) shall not be required to direct a child (or determine eligibility for medical assistance spect to the enrollment of such children; under the State Medicaid plan or for child a child’s family) to submit information or docu- (III) submit the error rate determined under mentation previously submitted by the child or health assistance under the State CHIP plan subclause (II) to the Secretary; without a program application from, or on be- family to an Express Lane agency that the State (IV) if such error rate exceeds 3 percent for ei- half of, the child based on data obtained from relies on for its Medicaid or CHIP eligibility de- ther of the first 2 fiscal years in which the State sources other than the child (or the child’s fam- termination; and participates in the demonstration program, dem- ily), but a child can only be automatically en- (B) may rely on information from an Express onstrate to the satisfaction of the Secretary the rolled in the State Medicaid plan or the State Lane agency when evaluating a child’s eligi- specific corrective actions implemented by the CHIP plan if the child or the family affirma- bility for medical assistance under the State State to improve upon such error rate; and Medicaid plan or child health assistance under (V) if such error rate exceeds 3 percent for any tively consents to being enrolled through affir- the State CHIP plan without a separate, inde- fiscal year in which the State participates in the mation and signature on an Express Lane agen- pendent confirmation of the information at the demonstration program, a reduction in the cy application. time of enrollment, redetermination, or renewal. amount otherwise payable to the State under (ii) INFORMATION REQUIREMENT.—A State that (2) PAYMENTS TO STATES.—From the amount section 1903(a) of the Social Security Act (42 elects the option under clause (i) shall have pro- appropriated under paragraph (1) of subsection Secretary 1396b(a)) for quarters for that fiscal cedures in place to inform the child or the (f), after the application of paragraph (2) of year, equal to the total amount of erroneous ex- child’s family of the services that will be covered that subsection, the Secretary shall pay the cess payments determined for the fiscal year under the State Medicaid plan or the State States selected to participate in the demonstra- only with respect to the children included in the CHIP plan (as applicable), appropriate methods tion program such sums as the Secretary shall sample for the fiscal year that are in excess of for using such services, premium or other cost determine for expenditures made by the State for a 3 percent error rate with respect to such chil- sharing charges (if any) that apply, medical systems upgrades and implementation of the dren. support obligations created by the enrollment (if demonstration program. In no event shall a pay- (ii) NO PUNITIVE ACTION BASED ON ERROR applicable), and the actions the child or the ment be made to a State from the amount appro- RATE.—The Secretary shall not apply the error child’s family must take to maintain enrollment priated under subsection (f) for any expendi- rate derived from the sample under clause (i) to and renew coverage. tures incurred for providing medical assistance the entire population of children enrolled in the (iii) OPTION TO WAIVE SIGNATURES.—The State or child health assistance to a child enrolled in State Medicaid plan or the State CHIP plan may waive any signature requirements for en- the State Medicaid plan or the State CHIP plan through reliance on a finding made by an Ex- rollment for a child who consents to, or on through reliance on a finding made by an Ex- press Lane agency, or to the population of chil- whose behalf consent is provided for, enrollment press Lane agency. dren enrolled in such plans on the basis of the in the State Medicaid plan or the State CHIP (b) REQUIREMENTS; OPTIONS FOR APPLICA- State’s regular procedures for determining eligi- plan. TION.— bility, or penalize the State on the basis of such (3) SIGNATURE REQUIREMENTS.—In the case of (1) STATE REQUIREMENTS.—A State selected to error rate in any manner other than the reduc- a State selected to participate in the demonstra- participate in the demonstration program estab- tion of payments provided for under clause tion program— lished under this section may rely on a finding (i)(V). (A) no signature under penalty of perjury of an Express Lane agency only if the following (iii) RULE OF CONSTRUCTION.—Nothing in this shall be required on an application form for conditions are met: section shall be construed as relieving a State medical assistance under the State Medicaid (A) REQUIREMENT TO DETERMINE ELIGIBILITY that participates in the demonstration program plan or child health assistance under the State USING REGULAR PROCEDURES IF CHILD IS FIRST established under this section from being subject CHIP plan to attest to any element of the appli- FOUND INELIGIBLE.—If reliance on a finding to a penalty under section 1903(u) of the Social cation for which eligibility is based on informa- from an Express Lane agency results in a child Security Act (42 U.S.C. 1396b(u)) for payments tion received from an Express Lane agency or a not being found eligible for the State Medicaid made under the State Medicaid plan with re- source other than an applicant; and plan or the State CHIP plan, the State would be spect to ineligible individuals and families that (B) any signature requirement for determina- required to determine eligibility under such plan are determined to exceed the error rate permitted tion of an application for medical assistance using its regular procedures. under that section (as determined without re- under the State Medicaid plan or child health (B) NOTICE.—The State shall inform the fami- gard to the error rate determined under clause assistance under the State CHIP plan may be lies (especially those whose children are enrolled (i)(II)). satisfied through an electronic signature.

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(4) RULES OF CONSTRUCTION.—Nothing in this (ii) is identified in the State Medicaid plan or 2110(c)(5) of the Social Security Act (42 U.S.C. subsection shall be construed to— the State CHIP plan; and 1397jj(c)(5)). (A) relieve a State of the obligation under sec- (iii) notifies the child’s family— (5) STATE.—The term ‘‘State’’ means 1 of the tion 1902(a)(5) of the Social Security Act (42 (I) of the information which shall be disclosed 50 States or the District of Columbia. U.S.C. 1396a(a)(5)) to determine eligibility for in accordance with this section; (6) STATE CHIP AGENCY.—The term ‘‘State medical assistance under the State Medicaid (II) that the information disclosed will be used CHIP agency’’ means the State agency respon- plan; or solely for purposes of determining eligibility for sible for administering the State CHIP plan. (B) prohibit any State options otherwise per- medical assistance under the State Medicaid mitted under Federal law (without regard to plan or for child health assistance under the (7) STATE CHIP PLAN.—The term ‘‘State CHIP this paragraph or the demonstration program State CHIP plan; and plan’’ means the State child health plan estab- lished under title XXI of the Social Security Act established under this section) that are intended (III) that the family may elect to not have the (42 U.S.C. 1397aa et seq.), and includes any to increase the enrollment of eligible children for information disclosed for such purposes; and waiver of such plan. medical assistance under the State Medicaid (iv) enters into, or is subject to, an inter- plan or child health assistance under the State agency agreement to limit the disclosure and use (8) STATE MEDICAID AGENCY.—The term ‘‘State CHIP plan, including options related to out- of the information disclosed. Medicaid agency’’ means the State agency re- reach, enrollment, applications, or the deter- (B) INCLUSION OF SPECIFIC PUBLIC AGENCIES.— sponsible for administering the State Medicaid mination or redetermination of eligibility. Such term includes the following: plan. (c) LIMITED WAIVER OF OTHER APPLICABLE (i) A public agency that determines eligibility (9) STATE MEDICAID PLAN.—The term ‘‘State REQUIREMENTS.— for assistance under any of the following: Medicaid plan’’ means the State plan estab- (1) SOCIAL SECURITY ACT.—The Secretary shall (I) The temporary assistance for needy fami- lished under title XIX of the Social Security Act waive only such requirements of the Social Se- lies program funded under part A of title IV of (42 U.S.C. 1396 et seq.), and includes any waiver curity Act as the Secretary determines are nec- the Social Security Act (42 U.S.C. 601 et seq.). of such plan. essary to carry out the demonstration program (II) A State program funded under part D of (f) APPROPRIATION.— established under this section. title IV of such Act (42 U.S.C. 651 et seq.). (2) AUTHORIZATION FOR PARTICIPATING STATES (1) OPERATIONAL FUNDS.—Out of any funds in (III) The State Medicaid plan. TO RECEIVE CERTAIN DATA DIRECTLY RELEVANT the Treasury not otherwise appropriated, there (IV) The State CHIP plan. TO DETERMINING ELIGIBILITY AND CORRECT is appropriated to the Secretary to carry out the (V) The Food Stamp Act of 1977 (7 U.S.C. 2011 AMOUNT OF ASSISTANCE.—For provisions relating demonstration program established under this to the authority of States participating in the et seq.). section, $49,000,000 for the period of fiscal years demonstration program to receive certain data (VI) The Head Start Act (42 U.S.C. 9801 et 2008 through 2012. directly, see section 204(c). seq.). (2) EVALUATION FUNDS.—$5,000,000 of the (d) EVALUATION AND REPORT.— (VII) The Richard B. Russell National School funds appropriated under paragraph (1) shall be Lunch Act (42 U.S.C. 1751 et seq.). (1) EVALUATION.—The Secretary shall con- used to conduct the evaluation required under duct, by grant, contract, or interagency agree- (VIII) The Child Nutrition Act of 1966 (42 subsection (d). U.S.C. 1771 et seq.). ment, a comprehensive, independent evaluation (3) BUDGET AUTHORITY.—Paragraph (1) con- of the demonstration program established under (IX) The Child Care and Development Block stitutes budget authority in advance of appro- this section. Such evaluation shall include an Grant Act of 1990 (42 U.S.C. 9858 et seq.). priations Act and represents the obligation of analysis of the effectiveness of the program, and (X) The Stewart B. McKinney Homeless As- the Federal Government to provide for the pay- shall include— sistance Act (42 U.S.C. 11301 et seq.). ment to States selected to participate in the dem- (A) obtaining a statistically valid sample of (XI) The United States Housing Act of 1937 onstration program established under this sec- the children who were enrolled in the State (42 U.S.C. 1437 et seq.). tion of the amounts provided under such para- Medicaid plan or the State CHIP plan through (XII) The Native American Housing Assist- graph (after the application of paragraph (2)). reliance on a finding made by an Express Lane ance and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.). SEC. 204. AUTHORIZATION OF CERTAIN INFORMA- agency and determining the percentage of chil- TION DISCLOSURES TO SIMPLIFY dren who were erroneously enrolled in such (ii) A State-specified governmental agency HEALTH COVERAGE DETERMINA- plans; that has fiscal liability or legal responsibility for TIONS. (B) determining whether enrolling children in the accuracy of the eligibility determination (a) AUTHORIZATION OF INFORMATION DISCLO- such plans through reliance on a finding made findings relied on by the State. SURE.—Title XIX (42 U.S.C. 1396 et seq.) is by an Express Lane agency improves the ability (iii) A public agency that is subject to an amended— of a State to identify and enroll low-income, un- interagency agreement limiting the disclosure insured children who are eligible but not en- and use of the information disclosed for pur- (1) by redesignating section 1939 as section rolled in such plans; poses of determining eligibility under the State 1940; and (C) evaluating the administrative costs or sav- Medicaid plan or the State CHIP plan. (2) by inserting after section 1938 the fol- ings related to identifying and enrolling chil- (C) EXCLUSIONS.—Such term does not include lowing new section: dren in such plans through reliance on such an agency that determines eligibility for a pro- ‘‘AUTHORIZATION TO RECEIVE PERTINENT findings, and the extent to which such costs dif- gram established under the Social Services Block INFORMATION fer from the costs that the State otherwise would Grant established under title XX of the Social have incurred to identify and enroll low-income, Security Act (42 U.S.C. 1397 et seq.) or a private, ‘‘SEC. 1939. (a) IN GENERAL.—Notwithstanding uninsured children who are eligible but not en- for-profit organization. any other provision of law, a Federal or State agency or private entity in possession of the rolled in such plans; and (D) RULES OF CONSTRUCTION.—Nothing in this (D) any recommendations for legislative or ad- paragraph shall be construed as— sources of data directly relevant to eligibility de- terminations under this title (including eligi- ministrative changes that would improve the ef- (i) affecting the authority of a State Medicaid bility files, information described in paragraph fectiveness of enrolling children in such plans agency to enter into contracts with nonprofit (2) or (3) of section 1137(a), vital records infor- through reliance on such findings. and for-profit agencies to administer the Med- mation about births in any State, and informa- (2) REPORT TO CONGRESS.—Not later than Sep- icaid application process; tion described in sections 453(i) and tember 30, 2012, the Secretary shall submit a re- (ii) exempting a State Medicaid agency from 1902(a)(25)(I)) is authorized to convey such data port to Congress on the results of the evaluation complying with the requirements of section or information to the State agency admin- of the demonstration program established under 1902(a)(4) of the Social Security Act (relating to istering the State plan under this title, but only this section. merit-based personnel standards for employees if such conveyance meets the requirements of (e) DEFINITIONS.—In this section: of the State Medicaid agency and safeguards subsection (b). (1) CHILD; CHILDREN.—With respect to a State against conflicts of interest); or selected to participate in the demonstration pro- (iii) authorizing a State Medicaid agency that ‘‘(b) REQUIREMENTS FOR CONVEYANCE.—Data gram established under this section, the terms participates in the demonstration program es- or information may be conveyed pursuant to ‘‘child’’ and ‘‘children’’ have the meanings tablished under this section to use the Express this section only if the following requirements given such terms for purposes of the State plans Lane option to avoid complying with such re- are met: under titles XIX and XXI of the Social Security quirements for purposes of making eligibility de- ‘‘(1) The child whose circumstances are de- Act. terminations under the State Medicaid plan. scribed in the data or information (or such (2) EXPRESS LANE AGENCY.— (3) MEDICAID APPLICABLE INCOME LEVEL.— child’s parent, guardian, caretaker relative, or (A) IN GENERAL.—The term ‘‘Express Lane With respect to a State, the term ‘‘Medicaid ap- authorized representative) has either provided agency’’ means a public agency that— plicable income level’’ has the meaning given advance consent to disclosure or has not ob- (i) is determined by the State Medicaid agency that term for purposes of such State under sec- jected to disclosure after receiving advance no- or the State CHIP agency (as applicable) to be tion 2110(b)(4) of the Social Security Act (42 tice of disclosure and a reasonable opportunity capable of making the determinations of 1 or U.S.C. 1397jj(4)). to object. more eligibility requirements described in sub- (4) POVERTY LINE.—The term ‘‘poverty line’’ ‘‘(2) Such data or information are used solely section (a)(1); has the meaning given that term in section for the purposes of—

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 6333 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10964 CONGRESSIONAL RECORD — SENATE August 3, 2007 ‘‘(A) identifying children who are eligible or ‘‘(i) section 1903(x); or ‘‘(4) Nothing in this subsection shall affect the potentially eligible for medical assistance under ‘‘(ii) subsection (dd);’’; and rights of any individual under this title to ap- this title and enrolling (or attempting to enroll) (ii) by adding at the end the following new peal any disenrollment from a State plan.’’. such children in the State plan; and subsection: (B) COSTS OF IMPLEMENTING AND MAINTAINING ‘‘(B) verifying the eligibility of children for ‘‘(dd)(1) For purposes of subsection SYSTEM.—Section 1903(a)(3) (42 U.S.C. medical assistance under the State plan. (a)(46)(B)(ii), the requirements of this subsection 1396b(a)(3)) is amended— ‘‘(3) An interagency or other agreement, con- with respect to an individual declaring to be a (i) by striking ‘‘plus’’ at the end of subpara- sistent with standards developed by the Sec- citizen or national of the United States for pur- graph (E) and inserting ‘‘and’’, and retary— poses of establishing eligibility under this title, ‘‘(A) prevents the unauthorized use, disclo- are, in lieu of requiring the individual to present (ii) by adding at the end the following new sure, or modification of such data and otherwise satisfactory documentary evidence of citizenship subparagraph: meets applicable Federal requirements for safe- or nationality under section 1903(x) (if the indi- ‘‘(F)(i) 90 percent of the sums expended dur- guarding privacy and data security; and vidual is not described in paragraph (2) of that ing the quarter as are attributable to the design, ‘‘(B) requires the State agency administering section), as follows: development, or installation of such mechanized the State plan to use the data and information ‘‘(A) The State submits the name and social verification and information retrieval systems as obtained under this section to seek to enroll security number of the individual to the Com- the Secretary determines are necessary to imple- children in the plan. missioner of Social Security as part of the plan ment section 1902(dd) (including a system de- ‘‘(c) CRIMINAL PENALTY.—A person described established under paragraph (2). scribed in paragraph (2)(B) thereof), and in subsection (a) who publishes, divulges, dis- ‘‘(B) If the State receives notice from the Com- ‘‘(ii) 75 percent of the sums expended during closes, or makes known in any manner, or to missioner of Social Security that the name or so- the quarter as are attributable to the operation any extent, not authorized by Federal law, any cial security number of the individual is invalid, of systems to which clause (i) applies, plus’’. information obtained under this section shall be the State— fined not more than $1,000 or imprisoned not ‘‘(i) notifies the individual of such fact; (2) LIMITATION ON WAIVER AUTHORITY.—Not- more than 1 year, or both, for each such unau- withstanding any provision of section 1115 of thorized activity. (ii) provides the individual with a period of 90 days from the date on which the notice required the Social Security Act (42 U.S.C. 1315), or any ‘‘(d) RULE OF CONSTRUCTION.—The limitations under clause (i) is received by the individual to other provision of law, the Secretary may not and requirements that apply to disclosure pur- waive the requirements of section 1902(a)(46)(B) suant to this section shall not be construed to either present satisfactory documentary evi- dence of citizenship or nationality (as defined in of such Act (42 U.S.C. 1396a(a)(46)(B)) with re- prohibit the conveyance or disclosure of data or spect to a State. information otherwise permitted under Federal section 1903(x)(3)) or cure the invalid determina- law (without regard to this section).’’. tion with the Commissioner of Social Security; (3) CONFORMING AMENDMENTS.—Section 1903 and (b) CONFORMING AMENDMENT TO TITLE XXI.— (42 U.S.C. 1396b) is amended— Section 2107(e)(1) (42 U.S.C. 1397gg(e)(1)) is ‘‘(iii) disenrolls the individual from the State (A) in subsection (i)(22), by striking ‘‘sub- amended by adding at the end the following plan under this title within 30 days after the section (x)’’ and inserting ‘‘section new subparagraph: end of such 90-day period if no such documen- 1902(a)(46)(B)’’; and tary evidence is presented. ‘‘(E) Section 1939 (relating to authorization to (B) in subsection (x)(1), by striking ‘‘sub- receive data directly relevant to eligibility deter- ‘‘(2)(A) Each State electing to satisfy the re- quirements of this subsection for purposes of section (i)(22)’’ and inserting ‘‘section minations).’’. 1902(a)(46)(B)(i)’’. (c) AUTHORIZATION FOR STATES PARTICIPATING section 1902(a)(46)(B) shall establish a program IN THE EXPRESS LANE DEMONSTRATION PROGRAM under which the State submits each month to (b) CLARIFICATION OF REQUIREMENTS RELAT- TO RECEIVE CERTAIN DATA DIRECTLY RELEVANT the Commissioner of Social Security for ING TO PRESENTATION OF SATISFACTORY DOCU- TO DETERMINING ELIGIBILITY AND CORRECT verification the name and social security num- MENTARY EVIDENCE OF CITIZENSHIP OR NATION- AMOUNT OF ASSISTANCE.—Only in the case of a ber of each individual enrolled in the State plan ALITY.— under this title that month who has attained State selected to participate in the Express Lane (1) ACCEPTANCE OF DOCUMENTARY EVIDENCE the age of 1 before the date of the enrollment. demonstration program established under sec- ISSUED BY A FEDERALLY RECOGNIZED INDIAN tion 203, the Secretary shall enter into such ‘‘(B) In establishing the State program under TRIBE.—Section 1903(x)(3)(B) (42 U.S.C. agreements as are necessary to permit such a this paragraph, the State may enter into an 1396b(x)(3)(B)) is amended— State to receive data directly relevant to eligi- agreement with the Commissioner of Social Se- (A) by redesignating clause (v) as clause (vi); bility determinations and determining the cor- curity to provide for the electronic submission and rect amount of benefits under the State CHIP and verification of the name and social security plan or the State Medicaid plan (as such terms number of an individual before the individual is (B) by inserting after clause (iv), the following are defined in paragraphs (7) and (9) section enrolled in the State plan. new clause: 203(e)) from the following: ‘‘(3)(A) The State agency implementing the ‘‘(v)(I) Except as provided in subclause (II), a (1) The National Directory of New Hires estab- plan approved under this title shall, at such document issued by a federally recognized In- lished under section 453(i) of the Social Security times and in such form as the Secretary may dian tribe evidencing membership or enrollment Act (42 U.S.C. 653(i)). specify, provide information on the percentage in, or affiliation with, such tribe (such as a trib- (2) Data regarding enrollment in insurance each month that the invalid names and numbers al enrollment card or certificate of degree of In- that may help to facilitate outreach and enroll- submitted bears to the total submitted for dian blood). ment under the State Medicaid plan, the State verification. ‘‘(II) With respect to those federally recog- CHIP plan, and such other programs as the Sec- ‘‘(B) If, for any fiscal year, the average nized Indian tribes located within States having retary may specify. monthly percentage determined under subpara- graph (A) is greater than 7 percent— an international border whose membership in- TITLE III—REDUCING BARRIERS TO cludes individuals who are not citizens of the ‘‘(i) the State shall develop and adopt a cor- ENROLLMENT United States, the Secretary shall, after con- rective plan to review its procedures for SEC. 301. VERIFICATION OF DECLARATION OF sulting with such tribes, issue regulations au- verifying the identities of individuals seeking to CITIZENSHIP OR NATIONALITY FOR thorizing the presentation of such other forms of enroll in the State plan under this title and to PURPOSES OF ELIGIBILITY FOR documentation (including tribal documentation, identify and implement changes in such proce- MEDICAID AND CHIP. if appropriate) that the Secretary determines to dures to improve their accuracy; and (a) STATE OPTION TO VERIFY DECLARATION OF be satisfactory documentary evidence of citizen- ‘‘(ii) pay to the Secretary an amount equal to CITIZENSHIP OR NATIONALITY FOR PURPOSES OF ship or nationality for purposes of satisfying the the amount which bears the same ratio to the ELIGIBILITY FOR MEDICAID THROUGH requirement of this subsection.’’. VERIFICATION OF NAME AND SOCIAL SECURITY total payments under the State plan for the fis- NUMBER.— cal year for providing medical assistance to in- (2) REQUIREMENT TO PROVIDE REASONABLE OP- (1) ALTERNATIVE TO DOCUMENTATION REQUIRE- dividuals who provided invalid information as PORTUNITY TO PRESENT SATISFACTORY DOCUMEN- MENT.— the number of individuals with invalid informa- TARY EVIDENCE.—Section 1903(x) (42 U.S.C. (A) IN GENERAL.—Section 1902 (42 U.S.C. tion in excess of 7 percent of such total sub- 1396b(x)) is amended by adding at the end the 1396a) is amended— mitted bears to the total number of individuals following new paragraph: (i) in subsection (a)(46)— with invalid information. ‘‘(4) In the case of an individual declaring to (I) by inserting ‘‘(A)’’ after ‘‘(46)’’; ‘‘(C) The Secretary may waive, in certain lim- be a citizen or national of the United States (II) by adding ‘‘and’’ after the semicolon; and ited cases, all or part of the payment under sub- with respect to whom a State requires the pres- (III) by adding at the end the following new paragraph (B)(ii) if the State is unable to reach entation of satisfactory documentary evidence subparagraph: the allowable error rate despite a good faith ef- of citizenship or nationality under section ‘‘(B) provide, with respect to an individual de- fort by such State. 1902(a)(46)(B)(i), the individual shall be pro- claring to be a citizen or national of the United ‘‘(D) This paragraph shall not apply to a vided at least the reasonable opportunity to States for purposes of establishing eligibility State for a fiscal year if there is an agreement present satisfactory documentary evidence of under this title, that the State shall satisfy the described in paragraph (2)(B) in effect as of the citizenship or nationality under this subsection requirements of— close of the fiscal year. as is provided under clauses (i) and (ii) of

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 6333 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10965 section 1137(d)(4)(A) to an individual for the graph (A) shall in no event be less than 90 per- and supplemental forms (if any) and informa- submittal to the State of evidence indicating a cent and 75 percent, respectively.’’. tion verification process is the same for purposes satisfactory immigration status.’’. (2) NONAPPLICATION OF ADMINISTRATIVE EX- of establishing and renewing eligibility for chil- (3) CHILDREN BORN IN THE UNITED STATES TO PENDITURES CAP.—Section 2105(c)(2)(C) (42 dren and pregnant women for medical assist- MOTHERS ELIGIBLE FOR MEDICAID.— U.S.C. 1397ee(c)(2)(C)), as amended by section ance under title XIX and child health assist- (A) CLARIFICATION OF RULES.—Section 1903(x) 202(b), is amended by adding at the end the fol- ance under this title, and such process does not (42 U.S.C. 1396b(x)), as amended by paragraph lowing: require an application to be made in person or (2), is amended— ‘‘(iii) EXPENDITURES TO COMPLY WITH CITIZEN- a face-to-face interview.’’. (i) in paragraph (2)— SHIP OR NATIONALITY VERIFICATION REQUIRE- TITLE IV—REDUCING BARRIERS TO MENTS.—Expenditures necessary for the State to (I) in subparagraph (C), by striking ‘‘or’’ at PROVIDING PREMIUM ASSISTANCE the end; comply with paragraph (9)(A).’’. (II) by redesignating subparagraph (D) as (d) EFFECTIVE DATE.— Subtitle A—Additional State Option for subparagraph (E); and (1) IN GENERAL.— Providing Premium Assistance (III) by inserting after subparagraph (C) the (A) IN GENERAL.—Except as provided in sub- SEC. 401. ADDITIONAL STATE OPTION FOR PRO- following new subparagraph: paragraph (B), the amendments made by this VIDING PREMIUM ASSISTANCE. ‘‘(D) pursuant to the application of section section shall take effect on October 1, 2008. 1902(e)(4) (and, in the case of an individual who (B) TECHNICAL AMENDMENTS.—The amend- (a) IN GENERAL.—Section 2105(c) (42 U.S.C. is eligible for medical assistance on such basis, ments made by— 1397ee(c)), as amended by section 301(c), is the individual shall be deemed to have provided (i) paragraphs (1), (2), and (3) of subsection amended by adding at the end the following: satisfactory documentary evidence of citizenship (b) shall take effect as if included in the enact- ‘‘(10) STATE OPTION TO OFFER PREMIUM AS- or nationality and shall not be required to pro- ment of section 6036 of the Deficit Reduction Act SISTANCE.— vide further documentary evidence on any date of 2005 (Public Law 109–171; 120 Stat. 80); and ‘‘(A) IN GENERAL.—Subject to the succeeding that occurs during or after the period in which (ii) paragraph (4) of subsection (b) shall take provisions of this paragraph, a State may elect the individual is eligible for medical assistance effect as if included in the enactment of section to offer a premium assistance subsidy (as de- on such basis); or’’; and 405 of division B of the Tax Relief and Health fined in subparagraph (C)) for qualified em- (ii) by adding at the end the following new Care Act of 2006 (Public Law 109–432; 120 Stat. ployer-sponsored coverage (as defined in sub- paragraph: 2996). paragraph (B)) to all targeted low-income chil- ‘‘(5) Nothing in subparagraph (A) or (B) of (2) RESTORATION OF ELIGIBILITY.—In the case dren who are eligible for child health assistance section 1902(a)(46), the preceding paragraphs of of an individual who, during the period that under the plan and have access to such cov- this subsection, or the Deficit Reduction Act of began on July 1, 2006, and ends on October 1, erage in accordance with the requirements of 2005, including section 6036 of such Act, shall be 2008, was determined to be ineligible for medical this paragraph. construed as changing the requirement of sec- assistance under a State Medicaid plan, includ- ‘‘(B) QUALIFIED EMPLOYER-SPONSORED COV- tion 1902(e)(4) that a child born in the United ing any waiver of such plan, solely as a result ERAGE.— States to an alien mother for whom medical as- of the application of subsections (i)(22) and (x) sistance for the delivery of such child is avail- of section 1903 of the Social Security Act (as in ‘‘(i) IN GENERAL.—Subject to clauses (ii) and able as treatment of an emergency medical con- effect during such period), but who would have (iii), in this paragraph, the term ‘qualified em- dition pursuant to subsection (v) shall be been determined eligible for such assistance if ployer-sponsored coverage’ means a group deemed eligible for medical assistance during the such subsections, as amended by subsection (b), health plan or health insurance coverage of- first year of such child’s life.’’. had applied to the individual, a State may deem fered through an employer— (B) STATE REQUIREMENT TO ISSUE SEPARATE the individual to be eligible for such assistance ‘‘(I) that qualifies as creditable coverage as a IDENTIFICATION NUMBER.—Section 1902(e)(4) (42 as of the date that the individual was deter- group health plan under section 2701(c)(1) of the U.S.C. 1396a(e)(4)) is amended by adding at the mined to be ineligible for such medical assist- Public Health Service Act; end the following new sentence: ‘‘Notwith- ance on such basis. ‘‘(II) for which the employer contribution to- standing the preceding sentence, in the case of (3) SPECIAL TRANSITION RULE FOR INDIANS.— ward any premium for such coverage is at least a child who is born in the United States to an During the period that begins on July 1, 2006, 40 percent; and alien mother for whom medical assistance for and ends on the effective date of final regula- the delivery of the child is made available pur- tions issued under subclause (II) of section ‘‘(III) to all individuals in a manner that suant to section 1903(v), the State immediately 1903(x)(3)(B)(v) of the Social Security Act (42 would be considered a nondiscriminatory eligi- shall issue a separate identification number for U.S.C. 1396b(x)(3)(B)(v)) (as added by sub- bility classification for purposes of paragraph the child upon notification by the facility at section (b)(1)(B)), an individual who is a mem- (3)(A)(ii) of section 105(h) of the Internal Rev- which such delivery occurred of the child’s ber of a federally-recognized Indian tribe de- enue Code of 1986 (but determined without re- birth.’’. scribed in subclause (II) of that section who pre- gard to clause (i) of subparagraph (B) of such (4) TECHNICAL AMENDMENTS.—Section sents a document described in subclause (I) of paragraph). 1903(x)(2) (42 U.S.C. 1396b(x)) is amended— such section that is issued by such Indian tribe, ‘‘(ii) EXCEPTION.—Such term does not include (A) in subparagraph (B)— shall be deemed to have presented satisfactory coverage consisting of— (i) by realigning the left margin of the matter evidence of citizenship or nationality for pur- ‘‘(I) benefits provided under a health flexible preceding clause (i) 2 ems to the left; and poses of satisfying the requirement of subsection spending arrangement (as defined in section (ii) by realigning the left margins of clauses (i) (x) of section 1903 of such Act. 106(c)(2) of the Internal Revenue Code of 1986); and (ii), respectively, 2 ems to the left; and SEC. 302. REDUCING ADMINISTRATIVE BARRIERS or (B) in subparagraph (C)— TO ENROLLMENT. ‘‘(II) a high deductible health plan (as de- (i) by realigning the left margin of the matter Section 2102(b) (42 U.S.C. 1397bb(b)) is amend- fined in section 223(c)(2) of such Code) pur- preceding clause (i) 2 ems to the left; and ed— chased in conjunction with a health savings ac- (ii) by realigning the left margins of clauses (i) (1) by redesignating paragraph (4) as para- count (as defined under section 223(d) of such and (ii), respectively, 2 ems to the left. graph (5); and Code). (c) APPLICATION OF DOCUMENTATION SYSTEM (2) by inserting after paragraph (3) the fol- ‘‘(iii) COST-EFFECTIVENESS ALTERNATIVE TO TO CHIP.— lowing new paragraph: REQUIRED EMPLOYER CONTRIBUTION.—A group (1) IN GENERAL.—Section 2105(c) (42 U.S.C. ‘‘(4) REDUCTION OF ADMINISTRATIVE BARRIERS health plan or health insurance coverage of- 1397ee(c)), as amended by section 110(a), is TO ENROLLMENT.— fered through an employer that would be con- amended by adding at the end the following ‘‘(A) IN GENERAL.—Subject to subparagraph sidered qualified employer-sponsored coverage new paragraph: (B), the plan shall include a description of the but for the application of clause (i)(II) may be ‘‘(9) CITIZENSHIP DOCUMENTATION REQUIRE- procedures used to reduce administrative bar- deemed to satisfy the requirement of such clause MENTS.— riers to the enrollment of children and pregnant if either of the following applies: ‘‘(A) IN GENERAL.—No payment may be made women who are eligible for medical assistance under this section with respect to an individual under title XIX or for child health assistance or ‘‘(I) APPLICATION OF CHILD-BASED OR FAMILY- who has, or is, declared to be a citizen or na- health benefits coverage under this title. Such BASED TEST.—The State establishes to the satis- tional of the United States for purposes of estab- procedures shall be established and revised as faction of the Secretary that the cost of such lishing eligibility under this title unless the often as the State determines appropriate to coverage is less than the expenditures that the State meets the requirements of section take into account the most recent information State would have made to enroll the child or the 1902(a)(46)(B) with respect to the individual. available to the State identifying such barriers. family (as applicable) in the State child health ‘‘(B) ENHANCED PAYMENTS.—Notwithstanding ‘‘(B) DEEMED COMPLIANCE IF JOINT APPLICA- plan. subsection (b), the enhanced FMAP with respect TION AND RENEWAL PROCESS THAT PERMITS AP- ‘‘(II) AGGREGATE PROGRAM OPERATIONAL to payments under subsection (a) for expendi- PLICATION OTHER THAN IN PERSON.—A State COSTS DO NOT EXCEED THE COST OF PROVIDING tures described in clause (i) or (ii) of section shall be deemed to comply with subparagraph COVERAGE UNDER THE STATE CHILD HEALTH 1903(a)(3)(F) necessary to comply with subpara- (A) if the State’s application and renewal forms PLAN.—If subclause (I) does not apply, the

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State establishes to the satisfaction of the Sec- ‘‘(G) OPT-OUT PERMITTED FOR ANY MONTH.—A health plan or through the receipt of premium retary that the aggregate amount of expendi- State shall establish a process for permitting the assistance subsidies. tures by the State for the purchase of all such parent of a targeted low-income child receiving ‘‘(L) APPLICATION TO QUALIFIED EMPLOYER- coverage for targeted low-income children under a premium assistance subsidy to disenroll the SPONSORED BENCHMARK COVERAGE.—If a group the State child health plan (including adminis- child from the qualified employer-sponsored cov- health plan or health insurance coverage of- trative expenditures) does not exceed the aggre- erage and enroll the child in, and receive child fered through an employer is certified by an ac- gate amount of expenditures that the State health assistance under, the State child health tuary as health benefits coverage that is equiva- would have made for providing coverage under plan, effective on the first day of any month for lent to the benefits coverage in a benchmark the State child health plan for all such children. which the child is eligible for such assistance benefit package described in section 2103(b) or ‘‘(C) PREMIUM ASSISTANCE SUBSIDY.— and in a manner that ensures continuity of cov- benchmark-equivalent coverage that meets the ‘‘(i) IN GENERAL.—In this paragraph, the term erage for the child. requirements of section 2103(a)(2), the State may ‘premium assistance subsidy’ means, with re- ‘‘(H) APPLICATION TO PARENTS.—If a State provide premium assistance subsidies for enroll- spect to a targeted low-income child, the amount provides child health assistance or health bene- ment of targeted low-income children in such equal to the difference between the employee fits coverage to parents of a targeted low-income group health plan or health insurance coverage contribution required for enrollment only of the child in accordance with section 2111(b), the in the same manner as such subsidies are pro- employee under qualified employer-sponsored State may elect to offer a premium assistance vided under this paragraph for enrollment in coverage and the employee contribution required subsidy to a parent of a targeted low-income qualified employer-sponsored coverage, but for enrollment of the employee and the child in child who is eligible for such a subsidy under without regard to the requirement to provide such coverage, less any applicable premium this paragraph in the same manner as the State supplemental coverage for benefits and cost- cost-sharing applied under the State child offers such a subsidy for the enrollment of the sharing protection provided under the State health plan (subject to the limitations imposed child in qualified employer-sponsored coverage, child health plan under subparagraph (E).’’. under section 2103(e), including the requirement except that— to count the total amount of the employee con- ‘‘(i) the amount of the premium assistance (b) APPLICATION TO MEDICAID.—Section 1906 tribution required for enrollment of the em- subsidy shall be increased to take into account (42 U.S.C. 1396e) is amended by inserting after ployee and the child in such coverage toward the cost of the enrollment of the parent in the subsection (c) the following: the annual aggregate cost-sharing limit applied qualified employer-sponsored coverage or, at the ‘‘(d) A State may elect to offer a premium as- under paragraph (3)(B) of such section). option of the State if the State determines it sistance subsidy (as defined in section ‘‘(ii) STATE PAYMENT OPTION.—A State may cost-effective, the cost of the enrollment of the 2105(c)(10)(C)) for qualified employer-sponsored provide a premium assistance subsidy either as child’s family in such coverage; and coverage (as defined in section 2105(c)(10)(B)) to reimbursement to an employee for out-of-pocket ‘‘(ii) any reference in this paragraph to a a child who is eligible for medical assistance expenditures or, subject to clause (iii), directly child is deemed to include a reference to the par- under the State plan under this title, to the par- to the employee’s employer. ent or, if applicable under clause (i), the family ent of such a child, and to a pregnant woman, ‘‘(iii) EMPLOYER OPT-OUT.—An employer may of the child. in the same manner as such a subsidy for such notify a State that it elects to opt-out of being ‘‘(I) ADDITIONAL STATE OPTION FOR PROVIDING coverage may be offered under a State child directly paid a premium assistance subsidy on PREMIUM ASSISTANCE.— health plan under title XXI in accordance with behalf of an employee. In the event of such a ‘‘(i) IN GENERAL.—A State may establish an section 2105(c)(10) (except that subparagraph notification, an employer shall withhold the employer-family premium assistance purchasing (E)(i)(II) of such section shall be applied by sub- total amount of the employee contribution re- pool for employers with less than 250 employees stituting ‘1916 or, if applicable, 1916A’ for quired for enrollment of the employee and the who have at least 1 employee who is a pregnant ‘2103(e)’).’’. child in the qualified employer-sponsored cov- woman eligible for assistance under the State (c) GAO STUDY AND REPORT.—Not later than erage and the State shall pay the premium as- child health plan (including through the appli- January 1, 2009, the Comptroller General of the sistance subsidy directly to the employee. cation of an option described in section 2112(f)) United States shall study cost and coverage ‘‘(iv) TREATMENT AS CHILD HEALTH ASSIST- or a member of a family with at least 1 targeted issues relating to any State premium assistance ANCE.—Expenditures for the provision of pre- low-income child and to provide a premium as- programs for which Federal matching payments mium assistance subsidies shall be considered sistance subsidy under this paragraph for en- are made under title XIX or XXI of the Social child health assistance described in paragraph rollment in coverage made available through Security Act, including under waiver authority, (1)(C) of subsection (a) for purposes of making such pool. and shall submit a report to the appropriate payments under that subsection. ‘‘(ii) ACCESS TO CHOICE OF COVERAGE.—A committees of Congress on the results of such ‘‘(D) APPLICATION OF SECONDARY PAYOR State that elects the option under clause (i) study. RULES.—The State shall be a secondary payor shall identify and offer access to not less than for any items or services provided under the 2 private health plans that are health benefits SEC. 402. OUTREACH, EDUCATION, AND ENROLL- qualified employer-sponsored coverage for which coverage that is equivalent to the benefits cov- MENT ASSISTANCE. the State provides child health assistance under erage in a benchmark benefit package described (a) REQUIREMENT TO INCLUDE DESCRIPTION OF the State child health plan. in section 2103(b) or benchmark-equivalent cov- OUTREACH, EDUCATION, AND ENROLLMENT EF- ‘‘(E) REQUIREMENT TO PROVIDE SUPPLE- erage that meets the requirements of section FORTS RELATED TO PREMIUM ASSISTANCE SUB- MENTAL COVERAGE FOR BENEFITS AND COST- 2103(a)(2) for employees described in clause (i). SIDIES IN STATE CHILD HEALTH PLAN.—Section SHARING PROTECTION PROVIDED UNDER THE ‘‘(J) NO EFFECT ON PREMIUM ASSISTANCE WAIV- 2102(c) (42 U.S.C. 1397bb(c)) is amended by add- STATE CHILD HEALTH PLAN.— ER PROGRAMS.—Nothing in this paragraph shall ing at the end the following new paragraph: N GENERAL ‘‘(i) I .—Notwithstanding section be construed as limiting the authority of a State ‘‘(3) PREMIUM ASSISTANCE SUBSIDIES.—Out- 2110(b)(1)(C), the State shall provide for each to offer premium assistance under section 1906, reach, education, and enrollment assistance for targeted low-income child enrolled in qualified a waiver described in paragraph (2)(B) or (3), a families of children likely to be eligible for pre- employer-sponsored coverage, supplemental cov- waiver approved under section 1115, or other mium assistance subsidies under the State child erage consisting of— authority in effect prior to the date of enact- health plan in accordance with paragraphs ‘‘(I) items or services that are not covered, or ment of the Children’s Health Insurance Pro- (2)(B), (3), or (10) of section 2105(c), or a waiver are only partially covered, under the qualified gram Reauthorization Act of 2007. approved under section 1115, to inform such employer-sponsored coverage; and ‘‘(K) NOTICE OF AVAILABILITY.—If a State families of the availability of, and to assist them ‘‘(II) cost-sharing protection consistent with elects to provide premium assistance subsidies in in enrolling their children in, such subsidies, section 2103(e). accordance with this paragraph, the State and for employers likely to provide coverage ‘‘(ii) RECORD KEEPING REQUIREMENTS.—For shall— that is eligible for such subsidies, including the purposes of carrying out clause (i), a State may ‘‘(i) include on any application or enrollment specific, significant resources the State intends elect to directly pay out-of-pocket expenditures form for child health assistance a notice of the to apply to educate employers about the avail- for cost-sharing imposed under the qualified em- availability of premium assistance subsidies for ability of premium assistance subsidies under ployer-sponsored coverage and collect or not col- the enrollment of targeted low-income children the State child health plan.’’. lect all or any portion of such expenditures from in qualified employer-sponsored coverage; the parent of the child. ‘‘(ii) provide, as part of the application and (b) NONAPPLICATION OF 10 PERCENT LIMIT ON ‘‘(F) APPLICATION OF WAITING PERIOD IM- enrollment process under the State child health OUTREACH AND CERTAIN OTHER EXPENDI- POSED UNDER THE STATE.—Any waiting period plan, information describing the availability of TURES.—Section 2105(c)(2)(C) (42 U.S.C. imposed under the State child health plan prior such subsidies and how to elect to obtain such 1397ee(c)(2)(C)), as amended by section 301(c)(2), to the provision of child health assistance to a a subsidy; and is amended by adding at the end the following targeted low-income child under the State plan ‘‘(iii) establish such other procedures as the new clause: shall apply to the same extent to the provision State determines necessary to ensure that par- ‘‘(iv) EXPENDITURES FOR OUTREACH TO IN- of a premium assistance subsidy for the child ents are fully informed of the choices for receiv- CREASE THE ENROLLMENT OF CHILDREN UNDER under this paragraph. ing child health assistance under the State child THIS TITLE AND TITLE XIX THROUGH PREMIUM

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ASSISTANCE SUBSIDIES.—Expenditures for out- the Employee Retirement Income Security Act of the employee of potential opportunities then reach activities to families of children likely to 1974 (29 U.S.C. 1024). currently available in the State in which the be eligible for premium assistance subsidies in ‘‘(ii) DISCLOSURE ABOUT GROUP HEALTH PLAN employee resides for premium assistance under accordance with paragraphs (2)(B), (3), or (10), BENEFITS TO STATES FOR MEDICAID AND CHIP ELI- such plans for health coverage of the employee or a waiver approved under section 1115, to in- GIBLE INDIVIDUALS.—In the case of a participant or the employee’s dependents. form such families of the availability of, and to or beneficiary of a group health plan who is ‘‘(II) MODEL NOTICE.—Not later than 1 year assist them in enrolling their children in, such covered under a Medicaid plan of a State under after the date of enactment of the Children’s subsidies, and to employers likely to provide title XIX of the Social Security Act or under a Health Insurance Program Reauthorization Act qualified employer-sponsored coverage (as de- State child health plan under title XXI of such of 2007, the Secretary and the Secretary of fined in subparagraph (B) of such para- Act, the plan administrator of the group health Health and Human Services, in consultation graph).’’. plan shall disclose to the State, upon request, with Directors of State Medicaid agencies under Subtitle B—Coordinating Premium Assistance information about the benefits available under title XIX of the Social Security Act and Direc- With Private Coverage the group health plan in sufficient specificity, tors of State CHIP agencies under title XXI of as determined under regulations of the Sec- such Act, shall jointly develop national and SEC. 411. SPECIAL ENROLLMENT PERIOD UNDER retary of Health and Human Services in con- State-specific model notices for purposes of sub- GROUP HEALTH PLANS IN CASE OF TERMINATION OF MEDICAID OR sultation with the Secretary that require use of paragraph (A). The Secretary shall provide em- CHIP COVERAGE OR ELIGIBILITY the model coverage coordination disclosure form ployers with such model notices so as to enable FOR ASSISTANCE IN PURCHASE OF developed under section 411(b)(1)(C) of the Chil- employers to timely comply with the require- EMPLOYMENT-BASED COVERAGE; dren’s Health Insurance Program Reauthoriza- ments of subparagraph (A). Such model notices COORDINATION OF COVERAGE. tion Act of 2007, so as to permit the State to shall include information regarding how an em- (a) AMENDMENTS TO INTERNAL REVENUE CODE make a determination (under paragraph (2)(B), ployee may contact the State in which the em- OF 1986.—Section 9801(f) of the Internal Rev- (3), or (10) of section 2105(c) of the Social Secu- ployee resides for additional information regard- enue Code of 1986 (relating to special enrollment rity Act or otherwise) concerning the cost-effec- ing potential opportunities for such premium as- periods) is amended by adding at the end the tiveness of the State providing medical or child sistance, including how to apply for such assist- following new paragraph: health assistance through premium assistance ance. ‘‘(3) SPECIAL RULES RELATING TO MEDICAID for the purchase of coverage under such group ‘‘(III) OPTION TO PROVIDE CONCURRENT WITH AND CHIP.— health plan and in order for the State to provide PROVISION OF SUMMARY PLAN DESCRIPTION.—An ‘‘(A) IN GENERAL.—A group health plan shall supplemental benefits required under paragraph employer may provide the model notice applica- permit an employee who is eligible, but not en- (10)(E) of such section or other authority.’’. ble to the State in which an employee resides rolled, for coverage under the terms of the plan (b) CONFORMING AMENDMENTS.— concurrent with the furnishing of the summary (or a dependent of such an employee if the de- (1) AMENDMENTS TO EMPLOYEE RETIREMENT plan description as provided in section 104(b). pendent is eligible, but not enrolled, for cov- INCOME SECURITY ACT.— ‘‘(ii) DISCLOSURE ABOUT GROUP HEALTH PLAN erage under such terms) to enroll for coverage (A) IN GENERAL.—Section 701(f) of the Em- BENEFITS TO STATES FOR MEDICAID AND CHIP ELI- under the terms of the plan if either of the fol- ployee Retirement Income Security Act of 1974 GIBLE INDIVIDUALS.—In the case of a participant lowing conditions is met: (29 U.S.C. 1181(f)) is amended by adding at the or beneficiary of a group health plan who is ‘‘(i) TERMINATION OF MEDICAID OR CHIP COV- end the following new paragraph: covered under a Medicaid plan of a State under ERAGE.—The employee or dependent is covered ‘‘(3) SPECIAL RULES FOR APPLICATION IN CASE title XIX of the Social Security Act or under a under a Medicaid plan under title XIX of the OF MEDICAID AND CHIP.— State child health plan under title XXI of such Social Security Act or under a State child health ‘‘(A) IN GENERAL.—A group health plan, and Act, the plan administrator of the group health plan under title XXI of such Act and coverage a health insurance issuer offering group health plan shall disclose to the State, upon request, of the employee or dependent under such a plan insurance coverage in connection with a group information about the benefits available under is terminated as a result of loss of eligibility for health plan, shall permit an employee who is el- the group health plan in sufficient specificity, such coverage and the employee requests cov- igible, but not enrolled, for coverage under the as determined under regulations of the Sec- erage under the group health plan not later terms of the plan (or a dependent of such an em- retary of Health and Human Services in con- than 60 days after the date of termination of ployee if the dependent is eligible, but not en- sultation with the Secretary that require use of such coverage. rolled, for coverage under such terms) to enroll the model coverage coordination disclosure form ‘‘(ii) ELIGIBILITY FOR EMPLOYMENT ASSISTANCE for coverage under the terms of the plan if ei- developed under section 411(b)(1)(C) of the Chil- UNDER MEDICAID OR CHIP.—The employee or de- ther of the following conditions is met: dren’s Health Insurance Program Reauthoriza- pendent becomes eligible for assistance, with re- ‘‘(i) TERMINATION OF MEDICAID OR CHIP COV- tion Act of 2007, so as to permit the State to spect to coverage under the group health plan ERAGE.—The employee or dependent is covered make a determination (under paragraph (2)(B), under such Medicaid plan or State child health under a Medicaid plan under title XIX of the (3), or (10) of section 2105(c) of the Social Secu- plan (including under any waiver or demonstra- Social Security Act or under a State child health rity Act or otherwise) concerning the cost-effec- tion project conducted under or in relation to plan under title XXI of such Act and coverage tiveness of the State providing medical or child such a plan), if the employee requests coverage of the employee or dependent under such a plan health assistance through premium assistance under the group health plan not later than 60 is terminated as a result of loss of eligibility for for the purchase of coverage under such group days after the date the employee or dependent is such coverage and the employee requests cov- health plan and in order for the State to provide determined to be eligible for such assistance. erage under the group health plan (or health in- supplemental benefits required under paragraph ‘‘(B) EMPLOYEE OUTREACH AND DISCLOSURE.— surance coverage) not later than 60 days after (10)(E) of such section or other authority.’’. ‘‘(i) OUTREACH TO EMPLOYEES REGARDING the date of termination of such coverage. (B) CONFORMING AMENDMENT.—Section 102(b) AVAILABILITY OF MEDICAID AND CHIP COV- ‘‘(ii) ELIGIBILITY FOR EMPLOYMENT ASSISTANCE of the Employee Retirement Income Security Act ERAGE.— UNDER MEDICAID OR CHIP.—The employee or de- of 1974 (29 U.S.C. 1022(b)) is amended— ‘‘(I) IN GENERAL.—Each employer that main- pendent becomes eligible for assistance, with re- (i) by striking ‘‘and the remedies’’ and insert- tains a group health plan in a State that pro- spect to coverage under the group health plan ing ‘‘, the remedies’’; and vides medical assistance under a State Medicaid or health insurance coverage, under such Med- (ii) by inserting before the period the fol- plan under title XIX of the Social Security Act, icaid plan or State child health plan (including lowing: ‘‘, and if the employer so elects for pur- or child health assistance under a State child under any waiver or demonstration project con- poses of complying with section 701(f)(3)(B)(i), health plan under title XXI of such Act, in the ducted under or in relation to such a plan), if the model notice applicable to the State in form of premium assistance for the purchase of the employee requests coverage under the group which the participants and beneficiaries re- coverage under a group health plan, shall pro- health plan or health insurance coverage not side’’. vide to each employee a written notice informing later than 60 days after the date the employee or (C) WORKING GROUP TO DEVELOP MODEL COV- the employee of potential opportunities then dependent is determined to be eligible for such ERAGE COORDINATION DISCLOSURE FORM.— currently available in the State in which the assistance. (i) MEDICAID, CHIP, AND EMPLOYER-SPONSORED employee resides for premium assistance under ‘‘(B) COORDINATION WITH MEDICAID AND COVERAGE COORDINATION WORKING GROUP.— such plans for health coverage of the employee CHIP.— (I) IN GENERAL.—Not later than 60 days after or the employee’s dependents. For purposes of ‘‘(i) OUTREACH TO EMPLOYEES REGARDING the date of enactment of this Act, the Secretary compliance with this clause, the employer may AVAILABILITY OF MEDICAID AND CHIP COV- of Health and Human Services and the Sec- use any State-specific model notice developed in ERAGE.— retary of Labor shall jointly establish a Med- accordance with section 701(f)(3)(B)(i)(II) of the ‘‘(I) IN GENERAL.—Each employer that main- icaid, CHIP, and Employer-Sponsored Coverage Employee Retirement Income Security Act of tains a group health plan in a State that pro- Coordination Working Group (in this subpara- 1974 (29 U.S.C. 1181(f)(3)(B)(i)(II)). vides medical assistance under a State Medicaid graph referred to as the ‘‘Working Group’’). The ‘‘(II) OPTION TO PROVIDE CONCURRENT WITH plan under title XIX of the Social Security Act, purpose of the Working Group shall be to de- PROVISION OF SUMMARY PLAN DESCRIPTION.—An or child health assistance under a State child velop the model coverage coordination disclosure employer may provide the model notice applica- health plan under title XXI of such Act, in the form described in subclause (II) and to identify ble to the State in which an employee resides form of premium assistance for the purchase of the impediments to the effective coordination of concurrent with the furnishing of the summary coverage under a group health plan, shall pro- coverage available to families that include em- plan description as provided in section 104(b) of vide to each employee a written notice informing ployees of employers that maintain group health

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plans and members who are eligible for medical (D) EFFECTIVE DATES.—The Secretary of ‘‘(I) IN GENERAL.—Each employer that main- assistance under title XIX of the Social Security Labor and the Secretary of Health and Human tains a group health plan in a State that pro- Act or child health assistance or other health Services shall develop the initial model notices vides medical assistance under a State Medicaid benefits coverage under title XXI of such Act. under section 701(f)(3)(B)(i)(II) of the Employee plan under title XIX of the Social Security Act, (II) MODEL COVERAGE COORDINATION DISCLO- Retirement Income Security Act of 1974, and the or child health assistance under a State child SURE FORM DESCRIBED.—The model form de- Secretary of Labor shall provide such notices to health plan under title XXI of such Act, in the scribed in this subclause is a form for plan ad- employers, not later than the date that is 1 year form of premium assistance for the purchase of ministrators of group health plans to complete after the date of enactment of this Act, and coverage under a group health plan, shall pro- for purposes of permitting a State to determine each employer shall provide the initial annual vide to each employee a written notice informing the availability and cost-effectiveness of the notices to such employer’s employees beginning the employee of potential opportunities then coverage available under such plans to employ- with the first plan year that begins after the currently available in the State in which the ees who have family members who are eligible date on which such initial model notices are employee resides for premium assistance under for premium assistance offered under a State first issued. The model coverage coordination such plans for health coverage of the employee plan under title XIX or XXI of such Act and to disclosure form developed under subparagraph or the employee’s dependents. For purposes of allow for coordination of coverage for enrollees (C) shall apply with respect to requests made by compliance with this subclause, the employer of such plans. Such form shall provide the fol- States beginning with the first plan year that may use any State-specific model notice devel- lowing information in addition to such other in- begins after the date on which such model cov- oped in accordance with section formation as the Working Group determines ap- erage coordination disclosure form is first 701(f)(3)(B)(i)(II) of the Employee Retirement propriate: issued. Income Security Act of 1974 (29 U.S.C. (aa) A determination of whether the employee (E) ENFORCEMENT.—Section 502 of the Em- 1181(f)(3)(B)(i)(II)). is eligible for coverage under the group health ployee Retirement Income Security Act of 1974 ‘‘(II) OPTION TO PROVIDE CONCURRENT WITH plan. (29 U.S.C. 1132) is amended— PROVISION OF SUMMARY PLAN DESCRIPTION.—An (bb) The name and contract information of (i) in subsection (a)(6), by striking ‘‘or (8)’’ employer may provide the model notice applica- the plan administrator of the group health plan. and inserting ‘‘(8), or (9)’’; and ble to the State in which an employee resides (cc) The benefits offered under the plan. (ii) in subsection (c), by redesignating para- concurrent with the furnishing of the summary (dd) The premiums and cost-sharing required graph (9) as paragraph (10), and by inserting plan description as provided in section 104(b) of under the plan. after paragraph (8) the following: the Employee Retirement Income Security Act of ‘‘(9)(A) The Secretary may assess a civil pen- (ee) Any other information relevant to cov- 1974. alty against any employer of up to $100 a day erage under the plan. ‘‘(ii) DISCLOSURE ABOUT GROUP HEALTH PLAN from the date of the employer’s failure to meet (ii) MEMBERSHIP.—The Working Group shall BENEFITS TO STATES FOR MEDICAID AND CHIP ELI- the notice requirement of section consist of not more than 30 members and shall GIBLE INDIVIDUALS.—In the case of an enrollee 701(f)(3)(B)(i)(I). For purposes of this subpara- be composed of representatives of— in a group health plan who is covered under a graph, each violation with respect to any single (I) the Department of Labor; Medicaid plan of a State under title XIX of the (II) the Department of Health and Human employee shall be treated as a separate viola- Social Security Act or under a State child health Services; tion. plan under title XXI of such Act, the plan ad- ‘‘(B) The Secretary may assess a civil penalty (III) State directors of the Medicaid program ministrator of the group health plan shall dis- against any plan administrator of up to $100 a under title XIX of the Social Security Act; close to the State, upon request, information day from the date of the plan administrator’s (IV) State directors of the State Children’s about the benefits available under the group failure to timely provide to any State the infor- Health Insurance Program under title XXI of health plan in sufficient specificity, as deter- mation required to be disclosed under section the Social Security Act; mined under regulations of the Secretary of 701(f)(3)(B)(ii). For purposes of this subpara- (V) employers, including owners of small busi- Health and Human Services in consultation graph, each violation with respect to any single nesses and their trade or industry representa- with the Secretary that require use of the model participant or beneficiary shall be treated as a tives and certified human resource and payroll coverage coordination disclosure form developed separate violation.’’. under section 411(b)(1)(C) of the Children’s professionals; (2) AMENDMENTS TO PUBLIC HEALTH SERVICE (VI) plan administrators and plan sponsors of Health Insurance Reauthorization Act of 2007, ACT.—Section 2701(f) of the Public Health Serv- group health plans (as defined in section 607(1) so as to permit the State to make a determina- ice Act (42 U.S.C. 300gg(f)) is amended by add- tion (under paragraph (2)(B), (3), or (10) of sec- of the Employee Retirement Income Security Act ing at the end the following new paragraph: tion 2105(c) of the Social Security Act or other- of 1974); ‘‘(3) SPECIAL RULES FOR APPLICATION IN CASE wise) concerning the cost-effectiveness of the (VII) health insurance issuers; and OF MEDICAID AND CHIP.— (VIII) children and other beneficiaries of med- ‘‘(A) IN GENERAL.—A group health plan, and State providing medical or child health assist- ical assistance under title XIX of the Social Se- a health insurance issuer offering group health ance through premium assistance for the pur- curity Act or child health assistance or other insurance coverage in connection with a group chase of coverage under such group health plan health benefits coverage under title XXI of such health plan, shall permit an employee who is el- and in order for the State to provide supple- Act. igible, but not enrolled, for coverage under the mental benefits required under paragraph (iii) COMPENSATION.—The members of the terms of the plan (or a dependent of such an em- (10)(E) of such section or other authority.’’. Working Group shall serve without compensa- ployee if the dependent is eligible, but not en- TITLE V—STRENGTHENING QUALITY OF tion. rolled, for coverage under such terms) to enroll CARE AND HEALTH OUTCOMES OF CHIL- (iv) ADMINISTRATIVE SUPPORT.—The Depart- for coverage under the terms of the plan if ei- DREN ment of Health and Human Services and the De- ther of the following conditions is met: SEC. 501. CHILD HEALTH QUALITY IMPROVEMENT partment of Labor shall jointly provide appro- ‘‘(i) TERMINATION OF MEDICAID OR CHIP COV- ACTIVITIES FOR CHILDREN EN- priate administrative support to the Working ERAGE.—The employee or dependent is covered ROLLED IN MEDICAID OR CHIP. Group, including technical assistance. The under a Medicaid plan under title XIX of the (a) DEVELOPMENT OF CHILD HEALTH QUALITY Working Group may use the services and facili- Social Security Act or under a State child health MEASURES FOR CHILDREN ENROLLED IN MED- ties of either such Department, with or without plan under title XXI of such Act and coverage ICAID OR CHIP.—Title XI (42 U.S.C. 1301 et seq.) reimbursement, as jointly determined by such of the employee or dependent under such a plan is amended by inserting after section 1139 the Departments. is terminated as a result of loss of eligibility for following new section: (v) REPORT.— such coverage and the employee requests cov- ‘‘SEC. 1139A. CHILD HEALTH QUALITY MEASURES. (I) REPORT BY WORKING GROUP TO THE SECRE- erage under the group health plan (or health in- ‘‘(a) DEVELOPMENT OF AN INITIAL CORE SET TARIES.—Not later than 18 months after the date surance coverage) not later than 60 days after OF HEALTH CARE QUALITY MEASURES FOR CHIL- of the enactment of this Act, the Working Group the date of termination of such coverage. DREN ENROLLED IN MEDICAID OR CHIP.— shall submit to the Secretary of Labor and the ‘‘(ii) ELIGIBILITY FOR EMPLOYMENT ASSISTANCE ‘‘(1) IN GENERAL.—Not later than January 1, Secretary of Health and Human Services the UNDER MEDICAID OR CHIP.—The employee or de- 2009, the Secretary shall identify and publish model form described in clause (i)(II) along with pendent becomes eligible for assistance, with re- for general comment an initial, recommended a report containing recommendations for appro- spect to coverage under the group health plan core set of child health quality measures for use priate measures to address the impediments to or health insurance coverage, under such Med- by State programs administered under titles XIX the effective coordination of coverage between icaid plan or State child health plan (including and XXI, health insurance issuers and managed group health plans and the State plans under under any waiver or demonstration project con- care entities that enter into contracts with such titles XIX and XXI of the Social Security Act. ducted under or in relation to such a plan), if programs, and providers of items and services (II) REPORT BY SECRETARIES TO THE CON- the employee requests coverage under the group under such programs. GRESS.—Not later than 2 months after receipt of health plan or health insurance coverage not ‘‘(2) IDENTIFICATION OF INITIAL CORE MEAS- the report pursuant to subclause (I), the Secre- later than 60 days after the date the employee or URES.—In consultation with the individuals and taries shall jointly submit a report to each dependent is determined to be eligible for such entities described in subsection (b)(3), the Sec- House of the Congress regarding the rec- assistance. retary shall identify existing quality of care ommendations contained in the report under ‘‘(B) COORDINATION WITH MEDICAID AND measures for children that are in use under pub- such subclause. CHIP.— lic and privately sponsored health care coverage (vi) TERMINATION.—The Working Group shall ‘‘(i) OUTREACH TO EMPLOYEES REGARDING arrangements, or that are part of reporting sys- terminate 30 days after the date of the issuance AVAILABILITY OF MEDICAID AND CHIP COV- tems that measure both the presence and dura- of its report under clause (v). ERAGE.— tion of health insurance coverage over time.

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‘‘(3) RECOMMENDATIONS AND DISSEMINATION.— ‘‘(8) DEFINITION OF CORE SET.—In this section, ‘‘(A) award grants and contracts for the de- Based on such existing and identified measures, the term ‘core set’ means a group of valid, reli- velopment, testing, and validation of new, the Secretary shall publish an initial core set of able, and evidence-based quality measures that, emerging, and innovative evidence-based meas- child health quality measures that includes (but taken together— ures for children’s health care services across is not limited to) the following: ‘‘(A) provide information regarding the qual- the domains of quality described in clauses (i), ‘‘(A) The duration of children’s health insur- ity of health coverage and health care for chil- (ii), and (iii) of subsection (a)(6)(A); and ance coverage over a 12-month time period. dren; ‘‘(B) award grants and contracts for— ‘‘(B) The availability of a full range of— ‘‘(B) address the needs of children throughout ‘‘(i) the development of consensus on evi- ‘‘(i) preventive services, treatments, and serv- the developmental age span; and dence-based measures for children’s health care ices for acute conditions, including services to ‘‘(C) allow purchasers, families, and health services; promote healthy birth and prevent and treat care providers to understand the quality of care ‘‘(ii) the dissemination of such measures to premature birth; and in relation to the preventive needs of children, ‘‘(ii) treatments to correct or ameliorate the ef- public and private purchasers of health care for treatments aimed at managing and resolving children; and fects of chronic physical and mental conditions acute conditions, and diagnostic and treatment in infants, young children, school-age children, ‘‘(iii) the updating of such measures as nec- services whose purpose is to correct or amelio- essary. and adolescents. rate physical, mental, or developmental condi- ‘‘(C) The availability of care in a range of am- ‘‘(5) REVISING, STRENGTHENING, AND IMPROV- tions that could, if untreated or poorly treated, bulatory and inpatient health care settings in ING INITIAL CORE MEASURES.—Beginning no later become chronic. which such care is furnished. than January 1, 2012, and annually thereafter, ‘‘(D) The types of measures that, taken to- ‘‘(b) ADVANCING AND IMPROVING PEDIATRIC the Secretary shall publish recommended gether, can be used to estimate the overall na- QUALITY MEASURES.— changes to the core measures described in sub- ‘‘(1) ESTABLISHMENT OF PEDIATRIC QUALITY tional quality of health care for children and to section (a) that shall reflect the testing, valida- MEASURES PROGRAM.—Not later than January 1, perform comparative analyses of pediatric tion, and consensus process for the development 2010, the Secretary shall establish a pediatric health care quality and racial, ethnic, and so- of pediatric quality measures described in sub- quality measures program to— cioeconomic disparities in child health and section paragraphs (1) through (4). ‘‘(A) improve and strengthen the initial core health care for children. ‘‘(6) DEFINITION OF PEDIATRIC QUALITY MEAS- ‘‘(4) ENCOURAGE VOLUNTARY AND STANDARD- child health care quality measures established URE.—In this subsection, the term ‘pediatric IZED REPORTING.—Not later than 2 years after by the Secretary under subsection (a); quality measure’ means a measurement of clin- the date of enactment of the Children’s Health ‘‘(B) expand on existing pediatric quality ical care that is capable of being examined Insurance Program Reauthorization Act of 2007, measures used by public and private health care through the collection and analysis of relevant the Secretary, in consultation with States, shall purchasers and advance the development of information, that is developed in order to assess develop a standardized format for reporting in- such new and emerging quality measures; and 1 or more aspects of pediatric health care qual- ‘‘(C) increase the portfolio of evidence-based, formation and procedures and approaches that ity in various institutional and ambulatory consensus pediatric quality measures available encourage States to use the initial core measure- health care settings, including the structure of to public and private purchasers of children’s ment set to voluntarily report information re- the clinical care system, the process of care, the health care services, providers, and consumers. garding the quality of pediatric health care outcome of care, or patient experiences in care. ‘‘(2) EVIDENCE-BASED MEASURES.—The meas- under titles XIX and XXI. ‘‘(c) ANNUAL STATE REPORTS REGARDING ures developed under the pediatric quality meas- ‘‘(5) ADOPTION OF BEST PRACTICES IN IMPLE- STATE-SPECIFIC QUALITY OF CARE MEASURES ures program shall, at a minimum, be— MENTING QUALITY PROGRAMS.—The Secretary APPLIED UNDER MEDICAID OR CHIP.— ‘‘(A) evidence-based and, where appropriate, shall disseminate information to States regard- ‘‘(1) ANNUAL STATE REPORTS.—Each State risk adjusted; ing best practices among States with respect to with a State plan approved under title XIX or ‘‘(B) designed to identify and eliminate racial measuring and reporting on the quality of a State child health plan approved under title and ethnic disparities in child health and the health care for children, and shall facilitate the XXI shall annually report to the Secretary on provision of health care; adoption of such best practices. In developing ‘‘(C) designed to ensure that the data required the— best practices approaches, the Secretary shall for such measures is collected and reported in a ‘‘(A) State-specific child health quality meas- give particular attention to State measurement standard format that permits comparison of ures applied by the States under such plans, in- techniques that ensure the timeliness and accu- quality and data at a State, plan, and provider cluding measures described in subparagraphs racy of provider reporting, encourage provider level; (A) and (B) of subsection (a)(6); and reporting compliance, encourage successful ‘‘(D) periodically updated; and ‘‘(B) State-specific information on the quality quality improvement strategies, and improve ef- ‘‘(E) responsive to the child health needs, of health care furnished to children under such ficiency in data collection using health informa- services, and domains of health care quality de- plans, including information collected through tion technology. scribed in clauses (i), (ii), and (iii) of subsection external quality reviews of managed care orga- ‘‘(6) REPORTS TO CONGRESS.—Not later than (a)(6)(A). nizations under section 1932 of the Social Secu- January 1, 2010, and every 3 years thereafter, ‘‘(3) PROCESS FOR PEDIATRIC QUALITY MEAS- rity Act (42 U.S.C. 1396u–4) and benchmark the Secretary shall report to Congress on— URES PROGRAM.—In identifying gaps in existing plans under sections 1937 and 2103 of such Act ‘‘(A) the status of the Secretary’s efforts to im- (42 U.S.C. 1396u–7, 1397cc). prove— pediatric quality measures and establishing pri- orities for development and advancement of ‘‘(2) PUBLICATION.—Not later than September ‘‘(i) quality related to the duration and sta- 30, 2009, and annually thereafter, the Secretary bility of health insurance coverage for children such measures, the Secretary shall consult with— shall collect, analyze, and make publicly avail- under titles XIX and XXI; able the information reported by States under ‘‘(ii) the quality of children’s health care ‘‘(A) States; paragraph (1). under such titles, including preventive health ‘‘(B) pediatricians, children’s hospitals, and ‘‘(d) DEMONSTRATION PROJECTS FOR IMPROV- services, health care for acute conditions, other primary and specialized pediatric health ING THE QUALITY OF CHILDREN’S HEALTH CARE chronic health care, and health services to ame- care professionals (including members of the al- AND THE USE OF HEALTH INFORMATION TECH- liorate the effects of physical and mental condi- lied health professions) who specialize in the NOLOGY.— tions and to aid in growth and development of care and treatment of children, particularly ‘‘(1) IN GENERAL.—During the period of fiscal infants, young children, school-age children, children with special physical, mental, and de- years 2008 through 2012, the Secretary shall and adolescents with special health care needs; velopmental health care needs; award not more than 10 grants to States and and ‘‘(C) dental professionals, including pediatric ‘‘(iii) the quality of children’s health care dental professionals; child health providers to conduct demonstration under such titles across the domains of quality, ‘‘(D) health care providers that furnish pri- projects to evaluate promising ideas for improv- including clinical quality, health care safety, mary health care to children and families who ing the quality of children’s health care pro- family experience with health care, health care live in urban and rural medically underserved vided under title XIX or XXI, including projects in the most integrated setting, and elimination communities or who are members of distinct pop- to— of racial, ethnic, and socioeconomic disparities ulation sub-groups at heightened risk for poor ‘‘(A) experiment with, and evaluate the use in health and health care; health outcomes; of, new measures of the quality of children’s ‘‘(B) the status of voluntary reporting by ‘‘(E) national organizations representing con- health care under such titles (including testing States under titles XIX and XXI, utilizing the sumers and purchasers of children’s health care; the validity and suitability for reporting of such initial core quality measurement set; and ‘‘(F) national organizations and individuals measures); ‘‘(C) any recommendations for legislative with expertise in pediatric health quality meas- ‘‘(B) promote the use of health information changes needed to improve the quality of care urement; and technology in care delivery for children under provided to children under titles XIX and XXI, ‘‘(G) voluntary consensus standards setting such titles; including recommendations for quality reporting organizations and other organizations involved ‘‘(C) evaluate provider-based models which by States. in the advancement of evidence-based measures improve the delivery of children’s health care ‘‘(7) TECHNICAL ASSISTANCE.—The Secretary of health care. services under such titles, including care man- shall provide technical assistance to States to ‘‘(4) DEVELOPING, VALIDATING, AND TESTING A agement for children with chronic conditions assist them in adopting and utilizing core child PORTFOLIO OF PEDIATRIC QUALITY MEASURES.— and the use of evidence-based approaches to im- health quality measures in administering the As part of the program to advance pediatric prove the effectiveness, safety, and efficiency of State plans under titles XIX and XXI. quality measures, the Secretary shall— health care services for children; or

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 6333 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10970 CONGRESSIONAL RECORD — SENATE August 3, 2007 ‘‘(D) demonstrate the impact of the model ‘‘(I) after hours physical activity programs; ‘‘(G) that submit plans that exhibit multisec- electronic health record format for children de- and toral, cooperative conduct that includes the in- veloped and disseminated under subsection (f) ‘‘(II) science-based interventions with multiple volvement of a broad range of stakeholders, in- on improving pediatric health, including the ef- components to prevent eating disorders includ- cluding— fects of chronic childhood health conditions, ing nutritional content, understanding and re- ‘‘(i) community-based organizations; and pediatric health care quality as well as re- sponding to hunger and satiety, positive body ‘‘(ii) local governments; ducing health care costs. image development, positive self-esteem develop- ‘‘(iii) local educational agencies; ‘‘(2) REQUIREMENTS.—In awarding grants ment, and learning life skills (such as stress ‘‘(iv) the private sector; under this subsection, the Secretary shall ensure management, communication skills, problem- ‘‘(v) State or local departments of health; that— solving and decisionmaking skills), as well as ‘‘(vi) accredited colleges, universities, and ‘‘(A) only 1 demonstration project funded consideration of cultural and developmental community colleges; under a grant awarded under this subsection issues, and the role of family, school, and com- ‘‘(vii) health care providers; shall be conducted in a State; and munity; ‘‘(viii) State and local departments of trans- ‘‘(B) demonstration projects funded under ‘‘(ii) providing education and training to edu- portation and city planning; and grants awarded under this subsection shall be cational professionals regarding how to promote ‘‘(ix) other entities determined appropriate by conducted evenly between States with large a healthy lifestyle and a healthy school envi- the Secretary. urban areas and States with large rural areas. ronment for children; ‘‘(5) PROGRAM DESIGN.— ‘‘(3) AUTHORITY FOR MULTISTATE PROJECTS.— ‘‘(iii) planning and implementing a healthy ‘‘(A) INITIAL DESIGN.—Not later than 1 year A demonstration project conducted with a grant lifestyle curriculum or program with an empha- after the date of enactment of the Children’s awarded under this subsection may be con- sis on healthy eating behaviors and physical ac- Health Insurance Program Reauthorization Act ducted on a multistate basis, as needed. tivity; and of 2007, the Secretary shall design the dem- ‘‘(4) FUNDING.—$20,000,000 of the amount ap- ‘‘(iv) planning and implementing healthy life- onstration project. The demonstration should propriated under subsection (i) for a fiscal year style classes or programs for parents or guard- draw upon promising, innovative models and in- shall be used to carry out this subsection. ians, with an emphasis on healthy eating be- centives to reduce behavioral risk factors. The ‘‘(e) CHILDHOOD OBESITY DEMONSTRATION haviors and physical activity for children; Administrator of the Centers for Medicare & PROJECT.— ‘‘(C) carry out educational, counseling, pro- Medicaid Services shall consult with the Direc- ‘‘(1) AUTHORITY TO CONDUCT DEMONSTRA- motional, and training activities through the tor of the Centers for Disease Control and Pre- TION.—The Secretary, in consultation with the local health care delivery systems including by— vention, the Director of the Office of Minority Administrator of the Centers for Medicare & ‘‘(i) promoting healthy eating behaviors and Health, the heads of other agencies in the De- Medicaid Services, shall conduct a demonstra- physical activity services to treat or prevent eat- partment of Health and Human Services, and tion project to develop a comprehensive and sys- ing disorders, being overweight, and obesity; such professional organizations, as the Sec- tematic model for reducing childhood obesity by ‘‘(ii) providing patient education and coun- retary determines to be appropriate, on the de- awarding grants to eligible entities to carry out seling to increase physical activity and promote sign, conduct, and evaluation of the demonstra- such project. Such model shall— healthy eating behaviors; tion. ‘‘(A) identify, through self-assessment, behav- ‘‘(iii) training health professionals on how to ‘‘(B) NUMBER AND PROJECT AREAS.—Not later ioral risk factors for obesity among children; identify and treat obese and overweight individ- than 2 years after the date of enactment of the ‘‘(B) identify, through self-assessment, needed uals which may include nutrition and physical Children’s Health Insurance Program Reauthor- clinical preventive and screening benefits among activity counseling; and ization Act of 2007, the Secretary shall award 1 those children identified as target individuals ‘‘(iv) providing community education by a grant that is specifically designed to determine on the basis of such risk factors; health professional on good nutrition and phys- whether programs similar to programs to be con- ‘‘(C) provide ongoing support to such target ical activity to develop a better understanding ducted by other grantees under this subsection individuals and their families to reduce risk fac- of the relationship between diet, physical activ- should be implemented with respect to the gen- tors and promote the appropriate use of preven- ity, and eating disorders, obesity, or being over- eral population of children who are eligible for tive and screening benefits; and weight; and child health assistance under State child health ‘‘(D) be designed to improve health outcomes, ‘‘(D) provide, through qualified health profes- plans under title XXI in order to reduce the in- satisfaction, quality of life, and appropriate use sionals, training and supervision for community cidence of childhood obesity among such popu- of items and services for which medical assist- health workers to— lation. ance is available under title XIX or child health ‘‘(i) educate families regarding the relation- ‘‘(6) REPORT TO CONGRESS.—Not later than 3 assistance is available under title XXI among ship between nutrition, eating habits, physical years after the date the Secretary implements such target individuals. activity, and obesity; the demonstration project under this subsection, ‘‘(2) ELIGIBILITY ENTITIES.—For purposes of ‘‘(ii) educate families about effective strategies the Secretary shall submit to Congress a report this subsection, an eligible entity is any of the to improve nutrition, establish healthy eating that describes the project, evaluates the effec- following: patterns, and establish appropriate levels of tiveness and cost effectiveness of the project, ‘‘(A) A city, county, or Indian tribe. physical activity; and evaluates the beneficiary satisfaction under the ‘‘(B) A local or tribal educational agency. ‘‘(iii) educate and guide parents regarding the ‘‘(C) An accredited university, college, or com- project, and includes any such other informa- ability to model and communicate positive munity college. tion as the Secretary determines to be appro- ‘‘(D) A Federally-qualified health center. health behaviors. priate. ‘‘(E) A local health department. ‘‘(4) PRIORITY.—In awarding grants under ‘‘(7) DEFINITIONS.—In this subsection: ‘‘(F) A health care provider. paragraph (1), the Secretary shall give priority ‘‘(A) FEDERALLY-QUALIFIED HEALTH CENTER.— ‘‘(G) A community-based organization. to awarding grants to eligible entities— The term ‘Federally-qualified health center’ has ‘‘(H) Any other entity determined appropriate ‘‘(A) that demonstrate that they have pre- the meaning given that term in section by the Secretary, including a consortia or part- viously applied successfully for funds to carry 1905(l)(2)(B). nership of entities described in any of subpara- out activities that seek to promote individual ‘‘(B) INDIAN TRIBE.—The term ‘Indian tribe’ graphs (A) through (G). and community health and to prevent the inci- has the meaning given that term in section 4 of ‘‘(3) USE OF FUNDS.—An eligible entity award- dence of chronic disease and that can cite pub- the Indian Health Care Improvement Act (25 ed a grant under this subsection shall use the lished and peer-reviewed research dem- U.S.C. 1603). funds made available under the grant to— onstrating that the activities that the entities ‘‘(C) SELF-ASSESSMENT.—The term ‘self-assess- ‘‘(A) carry out community-based activities re- propose to carry out with funds made available ment’ means a form that— lated to reducing childhood obesity, including under the grant are effective; ‘‘(i) includes questions regarding— by— ‘‘(B) that will carry out programs or activities ‘‘(I) behavioral risk factors; ‘‘(i) forming partnerships with entities, in- that seek to accomplish a goal or goals set by ‘‘(II) needed preventive and screening serv- cluding schools and other facilities providing the State in the Healthy People 2010 plan of the ices; and recreational services, to establish programs for State; ‘‘(III) target individuals’ preferences for re- after school and weekend community activities ‘‘(C) that provide non-Federal contributions, ceiving follow-up information; that are designed to reduce childhood obesity; either in cash or in-kind, to the costs of funding ‘‘(ii) is assessed using such computer gen- ‘‘(ii) forming partnerships with daycare facili- activities under the grants; erated assessment programs; and ties to establish programs that promote healthy ‘‘(D) that develop comprehensive plans that ‘‘(iii) allows for the provision of such ongoing eating behaviors and physical activity; and include a strategy for extending program activi- support to the individual as the Secretary deter- ‘‘(iii) developing and evaluating community ties developed under grants in the years fol- mines appropriate. educational activities targeting good nutrition lowing the fiscal years for which they receive ‘‘(D) ONGOING SUPPORT.—The term ‘ongoing and promoting healthy eating behaviors; grants under this subsection; support’ means— ‘‘(B) carry out age-appropriate school-based ‘‘(E) located in communities that are medi- ‘‘(i) to provide any target individual with in- activities that are designed to reduce childhood cally underserved, as determined by the Sec- formation, feedback, health coaching, and rec- obesity, including by— retary; ommendations regarding— ‘‘(i) developing and testing educational cur- ‘‘(F) located in areas in which the average ‘‘(I) the results of a self-assessment given to ricula and intervention programs designed to poverty rate is at least 150 percent or higher of the individual; promote healthy eating behaviors and habits in the average poverty rate in the State involved, ‘‘(II) behavior modification based on the self- youth, which may include— as determined by the Secretary; and assessment; and

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 6333 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10971 ‘‘(III) any need for clinical preventive and evidence based quality measure developed, pub- sistance on preventing the coverage provided screening services or treatment including med- lished, or used as a basis of measurement or re- under the State child health plan from sub- ical nutrition therapy; porting under this section may be used to estab- stituting for coverage provided under employer- ‘‘(ii) to provide any target individual with re- lish an irrebuttable presumption regarding ei- sponsored health insurance offered in the State. ferrals to community resources and programs ther the medical necessity of care or the max- ‘‘(6) To the extent applicable, a description of available to assist the target individual in re- imum permissible coverage for any individual any State activities that are designed to reduce ducing health risks; and child who is eligible for and receiving medical the number of uncovered children in the State, ‘‘(iii) to provide the information described in assistance under title XIX or child health assist- including through a State health insurance con- clause (i) to a health care provider, if des- ance under title XXI . nector program or support for innovative private ignated by the target individual to receive such ‘‘(i) APPROPRIATION.—Out of any funds in the health coverage initiatives.’’. information. Treasury not otherwise appropriated, there is (b) GAO STUDY AND REPORT ON ACCESS TO ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.— appropriated for each of fiscal years 2008 PRIMARY AND SPECIALITY SERVICES.— There is authorized to be appropriated to carry through 2012, $45,000,000 for the purpose of car- (1) IN GENERAL.—The Comptroller General of out this subsection, $25,000,000 for the period of rying out this section (other than subsection the United States shall conduct a study of chil- fiscal years 2008 through 2012. (e)). Funds appropriated under this subsection dren’s access to primary and specialty services ‘‘(f) DEVELOPMENT OF MODEL ELECTRONIC shall remain available until expended.’’. under Medicaid and CHIP, including— HEALTH RECORD FORMAT FOR CHILDREN EN- (b) INCREASED MATCHING RATE FOR COL- (A) the extent to which providers are willing ROLLED IN MEDICAID OR CHIP.— LECTING AND REPORTING ON CHILD HEALTH to treat children eligible for such programs; N GENERAL ‘‘(1) I .—Not later than January 1, MEASURES.—Section 1903(a)(3)(A) (42 U.S.C. (B) information on such children’s access to 2009, the Secretary shall establish a program to 1396b(a)(3)(A)), is amended— networks of care; encourage the development and dissemination of (1) by striking ‘‘and’’ at the end of clause (i); (C) geographic availability of primary and a model electronic health record format for chil- and specialty services under such programs; dren enrolled in the State plan under title XIX (2) by adding at the end the following new (D) the extent to which care coordination is or the State child health plan under title XXI clause: provided for children’s care under Medicaid and that is— ‘‘(iii) an amount equal to the Federal medical CHIP; and ‘‘(A) subject to State laws, accessible to par- assistance percentage (as defined in section (E) as appropriate, information on the degree ents, caregivers, and other consumers for the 1905(b)) of so much of the sums expended during of availability of services for children under sole purpose of demonstrating compliance with such quarter (as found necessary by the Sec- such programs. school or leisure activity requirements, such as retary for the proper and efficient administra- (2) REPORT.—Not later than 2 years after the appropriate immunizations or physicals; tion of the State plan) as are attributable to date of enactment of this Act, the Comptroller ‘‘(B) designed to allow interoperable ex- such developments or modifications of systems of General shall submit a report to the appropriate changes that conform with Federal and State the type described in clause (i) as are necessary committees of Congress on the study conducted privacy and security requirements; for the efficient collection and reporting on under paragraph (1) that includes recommenda- ‘‘(C) structured in a manner that permits par- child health measures; and’’. tions for such Federal and State legislative and ents and caregivers to view and understand the administrative changes as the Comptroller Gen- extent to which the care their children receive is SEC. 502. IMPROVED INFORMATION REGARDING ACCESS TO COVERAGE UNDER CHIP. eral determines are necessary to address any clinically appropriate and of high quality; and (a) INCLUSION OF PROCESS AND ACCESS MEAS- barriers to access to children’s care under Med- ‘‘(D) capable of being incorporated into, and icaid and CHIP that may exist. otherwise compatible with, other standards de- URES IN ANNUAL STATE REPORTS.—Section 2108 SEC. 503. APPLICATION OF CERTAIN MANAGED veloped for electronic health records. (42 U.S.C. 1397hh) is amended— (1) in subsection (a), in the matter preceding CARE QUALITY SAFEGUARDS TO ‘‘(2) FUNDING.—$5,000,000 of the amount ap- CHIP. propriated under subsection (i) for a fiscal year paragraph (1), by striking ‘‘The State’’ and in- serting ‘‘Subject to subsection (e), the State’’; Section 2107(e)(1) (42 U.S.C. 1397gg(e)(1)), as shall be used to carry out this subsection. amended by section 204(b), is amended by redes- ‘‘(g) STUDY OF PEDIATRIC HEALTH AND and (2) by adding at the end the following new ignating subparagraph (E) (as added by such HEALTH CARE QUALITY MEASURES.— section) as subparagraph (F) and by inserting ‘‘(1) IN GENERAL.—Not later than July 1, 2009, subsection: after subparagraph (D) the following new sub- the Institute of Medicine shall study and report ‘‘(e) INFORMATION REQUIRED FOR INCLUSION paragraph: to Congress on the extent and quality of efforts IN STATE ANNUAL REPORT.—The State shall in- ‘‘(E) Subsections (a)(4), (a)(5), (b), (c), (d), to measure child health status and the quality clude the following information in the annual and (e) of section 1932 (relating to requirements of health care for children across the age span report required under subsection (a): for managed care).’’. and in relation to preventive care, treatments ‘‘(1) Eligibility criteria, enrollment, and reten- for acute conditions, and treatments aimed at tion data (including data with respect to con- TITLE VI—MISCELLANEOUS ameliorating or correcting physical, mental, and tinuity of coverage or duration of benefits). SEC. 601. TECHNICAL CORRECTION REGARDING developmental conditions in children. In con- ‘‘(2) Data regarding the extent to which the CURRENT STATE AUTHORITY UNDER ducting such study and preparing such report, State uses process measures with respect to de- MEDICAID. the Institute of Medicine shall— termining the eligibility of children under the (a) IN GENERAL.—Only with respect to ex- ‘‘(A) consider all of the major national popu- State child health plan, including measures penditures for medical assistance under a State lation-based reporting systems sponsored by the such as 12-month continuous eligibility, self- Medicaid plan, including any waiver of such Federal Government that are currently in place, declaration of income for applications or renew- plan, for fiscal years 2007 and 2008, a State may including reporting requirements under Federal als, or presumptive eligibility. elect, notwithstanding the fourth sentence of grant programs and national population surveys ‘‘(3) Data regarding denials of eligibility and subsection (b) of section 1905 of the Social Secu- and estimates conducted directly by the Federal redeterminations of eligibility. rity Act (42 U.S.C. 1396d) or subsection (u) of Government; ‘‘(4) Data regarding access to primary and such section— ‘‘(B) identify the information regarding child specialty services, access to networks of care, (1) to cover individuals described in section health and health care quality that each system and care coordination provided under the State 1902(a)(10)(A)(ii)(IX) of the Social Security Act is designed to capture and generate, the study child health plan, using quality care and con- and, at its option, to apply less restrictive meth- and reporting periods covered by each system, sumer satisfaction measures included in the odologies to such individuals under section and the extent to which the information so gen- Consumer Assessment of Healthcare Providers 1902(r)(2) of such Act or 1931(b)(2)(C) of such erated is made widely available through publi- and Systems (CAHPS) survey. Act and thereby receive Federal financial par- cation; ‘‘(5) If the State provides child health assist- ticipation for medical assistance for such indi- ‘‘(C) identify gaps in knowledge related to ance in the form of premium assistance for the viduals under title XIX of the Social Security children’s health status, health disparities purchase of coverage under a group health Act; or among subgroups of children, the effects of so- plan, data regarding the provision of such as- (2) to receive Federal financial participation cial conditions on children’s health status and sistance, including the extent to which em- for expenditures for medical assistance under use and effectiveness of health care, and the re- ployer-sponsored health insurance coverage is title XIX of such Act for children described in lationship between child health status and fam- available for children eligible for child health paragraph (2)(B) or (3) of section 1905(u) of ily income, family stability and preservation, assistance under the State child health plan, the such Act based on the Federal medical assist- and children’s school readiness and educational range of the monthly amount of such assistance ance percentage, as otherwise determined based achievement and attainment; and provided on behalf of a child or family, the on the first and third sentences of subsection (b) ‘‘(D) make recommendations regarding im- number of children or families provided such as- of section 1905 of the Social Security Act, rather proving and strengthening the timeliness, qual- sistance on a monthly basis, the income of the than on the basis of an enhanced FMAP (as de- ity, and public transparency and accessibility of children or families provided such assistance, fined in section 2105(b) of such Act). information about child health and health care the benefits and cost-sharing protection pro- (b) REPEAL.—Effective October 1, 2008, sub- quality. vided under the State child health plan to sup- section (a) is repealed. ‘‘(2) FUNDING.—Up to $1,000,000 of the amount plement the coverage purchased with such pre- (c) HOLD HARMLESS.—No State that elects the appropriated under subsection (i) for a fiscal mium assistance, the effective strategies the option described in subsection (a) shall be treat- year shall be used to carry out this subsection. State engages in to reduce any administrative ed as not having been authorized to make such ‘‘(h) RULE OF CONSTRUCTION.—Notwith- barriers to the provision of such assistance, and, election and to receive Federal financial partici- standing any other provision in this section, no the effects, if any, of the provision of such as- pation for expenditures for medical assistance

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 6333 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10972 CONGRESSIONAL RECORD — SENATE August 3, 2007 described in that subsection for fiscal years 2007 PERM requirements were first in effect under of section 2104 and making payments to States and 2008 as a result of the repeal of the sub- an interim final rule for fiscal year 2008 may from the CHIP Incentive Bonuses Pool estab- section under subsection (b). elect to accept any payment error rate deter- lished under subsection (j) of such section, the SEC. 602. PAYMENT ERROR RATE MEASUREMENT mined in whole or in part for the State on the CHIP Contingency Fund established under sub- (‘‘PERM’’). basis of data for that fiscal year or may elect to section (k) of such section, and, to the extent (a) EXPENDITURES RELATED TO COMPLIANCE not have any payment error rate determined on applicable to a State, from the block grant set WITH REQUIREMENTS.— the basis of such data and, instead, shall be aside under section 2111(b)(2)(B)(i) for each of (1) ENHANCED PAYMENTS.—Section 2105(c) (42 treated as if fiscal year 2011 were the first fiscal fiscal years 2010 through 2012. U.S.C. 1397ee(c)), as amended by section 401(a), year for which the PERM requirements apply to ‘‘(C) Include health insurance survey infor- is amended by adding at the end the following the State. mation in the American Community Survey re- new paragraph: (e) HARMONIZATION OF MEQC AND PERM.— lated to children. ‘‘(11) ENHANCED PAYMENTS.—Notwithstanding (1) REDUCTION OF REDUNDANCIES.—The Sec- ‘‘(D) Assess whether American Community subsection (b), the enhanced FMAP with respect retary shall review the Medicaid Eligibility Survey estimates, once such survey data are to payments under subsection (a) for expendi- Quality Control (in this subsection referred to as first available, produce more reliable estimates tures related to the administration of the pay- the ‘‘MEQC’’) requirements with the PERM re- than the Current Population Survey with re- ment error rate measurement (PERM) require- quirements and coordinate consistent implemen- spect to the purposes described in subparagraph ments applicable to the State child health plan tation of both sets of requirements, while reduc- (B). in accordance with the Improper Payments In- ing redundancies. ‘‘(E) On the basis of the assessment required formation Act of 2002 and parts 431 and 457 of (2) STATE OPTION TO APPLY PERM DATA.—A under subparagraph (D), recommend to the Sec- title 42, Code of Federal Regulations (or any re- State may elect, for purposes of determining the retary of Health and Human Services whether lated or successor guidance or regulations) shall erroneous excess payments for medical assist- American Community Survey estimates should in no event be less than 90 percent.’’. ance ratio applicable to the State for a fiscal be used in lieu of, or in some combination with, (2) EXCLUSION OF FROM CAP ON ADMINISTRA- year under section 1903(u) of the Social Security Current Population Survey estimates for the TIVE EXPENDITURES.—Section 2105(c)(2)(C) (42 Act (42 U.S.C. 1396b(u)) to substitute data re- purposes described in subparagraph (B). U.S.C. 1397ee(c)(2)C)), as amended by section sulting from the application of the PERM re- ‘‘(F) Continue making the adjustments de- 402(b), is amended by adding at the end the fol- quirements to the State after the final rule im- scribed in the last sentence of paragraph (1) lowing: plementing such requirements is in effect for all with respect to expansion of the sample size ‘‘(v) PAYMENT ERROR RATE MEASUREMENT States for data obtained from the application of used in State sampling units, the number of (PERM) EXPENDITURES.—Expenditures related to the MEQC requirements to the State with re- sampling units in a State, and using an appro- the administration of the payment error rate spect to a fiscal year. priate verification element. measurement (PERM) requirements applicable (f) IDENTIFICATION OF IMPROVED STATE-SPE- ‘‘(3) AUTHORITY FOR THE SECRETARY OF to the State child health plan in accordance CIFIC SAMPLE SIZES.—The Secretary shall estab- HEALTH AND HUMAN SERVICES TO TRANSITION TO with the Improper Payments Information Act of lish State-specific sample sizes for application of THE USE OF ALL, OR SOME COMBINATION OF, ACS 2002 and parts 431 and 457 of title 42, Code of the PERM requirements with respect to State ESTIMATES UPON RECOMMENDATION OF THE SEC- Federal Regulations (or any related or successor child health plans for fiscal years beginning RETARY OF COMMERCE.—If, on the basis of the guidance or regulations).’’. with fiscal year 2009, on the basis of such infor- assessment required under paragraph (2)(D), the (b) FINAL RULE REQUIRED TO BEINEFFECT mation as the Secretary determines appropriate. Secretary of Commerce recommends to the Sec- FOR ALL STATES.—Notwithstanding parts 431 In establishing such sample sizes, the Secretary retary of Health and Human Services that and 457 of title 42, Code of Federal Regulations shall, to the greatest extent practicable— American Community Survey estimates should (as in effect on the date of enactment of this (1) minimize the administrative cost burden on be used in lieu of, or in some combination with, Act), the Secretary shall not calculate or pub- States under Medicaid and CHIP; and Current Population Survey estimates for the lish any national or State-specific error rate (2) maintain State flexibility to manage such purposes described in paragraph (2)(B), the Sec- based on the application of the payment error programs. retary of Health and Human Services may pro- rate measurement (in this section referred to as SEC. 603. ELIMINATION OF COUNTING MEDICAID vide for a period during which the Secretary ‘‘PERM’’) requirements to CHIP until after the CHILD PRESUMPTIVE ELIGIBILITY may transition from carrying out such purposes date that is 6 months after the date on which a COSTS AGAINST TITLE XXI ALLOT- through the use of Current Population Survey final rule implementing such requirements in ac- MENT. estimates to the use of American Community cordance with the requirements of subsection (c) Section 2105(a)(1) (42 U.S.C. 1397ee(a)(1)) is Survey estimates (in lieu of, or in combination is in effect for all States. Any calculation of a amended— with the Current Population Survey estimates, national error rate or a State specific error rate (1) in the matter preceding subparagraph (A), as recommended), provided that any such tran- after such final rule in effect for all States may by striking ‘‘(or, in the case of expenditures de- sition is implemented in a manner that is de- only be inclusive of errors, as defined in such scribed in subparagraph (B), the Federal med- signed to avoid adverse impacts upon States final rule or in guidance issued within a reason- ical assistance percentage (as defined in the with approved State child health plans under able time frame after the effective date for such first sentence of section 1905(b)))’’; and this title.’’. (2) by striking subparagraph (B) and inserting final rule that includes detailed guidance for SEC. 605. DEFICIT REDUCTION ACT TECHNICAL the specific methodology for error determina- the following new subparagraph: CORRECTIONS. ‘‘(B) [reserved]’’. tions. (a) STATE FLEXIBILITY IN BENEFIT PACK- (c) REQUIREMENTS FOR FINAL RULE.—For pur- SEC. 604. IMPROVING DATA COLLECTION. AGES.— poses of subsection (b), the requirements of this (a) INCREASED APPROPRIATION.—Section (1) CLARIFICATION OF REQUIREMENT TO PRO- subsection are that the final rule implementing 2109(b)(2) (42 U.S.C. 1397ii(b)(2)) is amended by VIDE EPSDT SERVICES FOR ALL CHILDREN IN the PERM requirements shall include— striking ‘‘$10,000,000 for fiscal year 2000’’ and BENCHMARK BENEFIT PACKAGES.—Section (1) clearly defined criteria for errors for both inserting ‘‘$20,000,000 for fiscal year 2008’’. 1937(a)(1) (42 U.S.C. 1396u–7(a)(1)), as inserted States and providers; (b) USE OF ADDITIONAL FUNDS.—Section by section 6044(a) of the Deficit Reduction Act (2) a clearly defined process for appealing 2109(b) (42 U.S.C. 1397ii(b)), as amended by sub- of 2005 (Public Law 109–171, 120 Stat. 88), is error determinations by review contractors; and section (a), is amended— amended— (3) clearly defined responsibilities and dead- (1) by redesignating paragraph (2) as para- (A) in subparagraph (A)— lines for States in implementing any corrective graph (4); and (i) in the matter before clause (i), by striking action plans. (2) by inserting after paragraph (1), the fol- ‘‘enrollment in coverage that provides’’ and in- (d) OPTION FOR APPLICATION OF DATA FOR lowing new paragraphs: serting ‘‘coverage that’’; CERTAIN STATES UNDER THE INTERIM FINAL ‘‘(2) ADDITIONAL REQUIREMENTS.—In addition (ii) in clause (i), by inserting ‘‘provides’’ after RULE.— to making the adjustments required to produce ‘‘(i)’’; and (1) OPTION FOR STATES IN FIRST APPLICATION the data described in paragraph (1), with re- (iii) by striking clause (ii) and inserting the CYCLE.—After the final rule implementing the spect to data collection occurring for fiscal years following: PERM requirements in accordance with the re- beginning with fiscal year 2008, in appropriate ‘‘(ii) for any individual described in section quirements of subsection (c) is in effect for all consultation with the Secretary of Health and 1905(a)(4)(B) who is eligible under the State States, a State for which the PERM require- Human Services, the Secretary of Commerce plan in accordance with paragraphs (10) and ments were first in effect under an interim final shall do the following: (17) of section 1902(a), consists of the items and rule for fiscal year 2007 may elect to accept any ‘‘(A) Make appropriate adjustments to the services described in section 1905(a)(4)(B) (relat- payment error rate determined in whole or in Current Population Survey to develop more ac- ing to early and periodic screening, diagnostic, part for the State on the basis of data for that curate State-specific estimates of the number of and treatment services defined in section fiscal year or may elect to not have any pay- children enrolled in health coverage under title 1905(r)) and provided in accordance with the re- ment error rate determined on the basis of such XIX or this title. quirements of section 1902(a)(43).’’; data and, instead, shall be treated as if fiscal ‘‘(B) Make appropriate adjustments to the (B) in subparagraph (C)— year 2010 were the first fiscal year for which the Current Population Survey to improve the sur- (i) in the heading, by striking ‘‘WRAP- PERM requirements apply to the State. vey estimates used to compile the State-specific AROUND’’ and inserting ‘‘ADDITIONAL’’; and (2) OPTION FOR STATES IN SECOND APPLICATION and national number of low-income children (ii) by striking ‘‘wrap-around or’’; and CYCLE.—If such final rule is not in effect for all without health insurance for purposes of deter- (C) by adding at the end the following new States by July 1, 2008, a State for which the mining allotments under subsections (c) and (i) subparagraph:

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‘‘(E) RULE OF CONSTRUCTION.—Nothing in this (2) in subsection (c)(2), by striking subpara- ROLLEES UNDER MEDICAID AND CHIP.—The Sec- paragraph shall be construed as— graph (B) and redesignating subparagraphs (C) retary shall— ‘‘(i) requiring a State to offer all or any of the and (D) as subparagraphs (B) and (C), respec- (1) work with States, pediatric dentists, and items and services required by subparagraph tively. other dental providers to include on the Insure (A)(ii) through an issuer of benchmark coverage SEC. 608. DENTAL HEALTH GRANTS. Kids Now website (http:// described in subsection (b)(1) or benchmark (a) IN GENERAL.—Title XXI (42 U.S.C. 1397aa www.insurekidsnow.gov/) and hotline (1–877– equivalent coverage described in subsection et seq.), as amended by section 201, is amended KIDS–NOW) a current and accurate list of all (b)(2); or by adding at the end the following: dentists and other dental providers within each ‘‘(ii) preventing a State from offering all or ‘‘SEC. 2114. DENTAL HEALTH GRANTS. State that provide dental services to children en- any of the items and services required by sub- ‘‘(a) AUTHORITY TO AWARD GRANTS.— rolled in the State plan (or waiver) under Med- paragraph (A)(ii) through an issuer of bench- ‘‘(1) IN GENERAL.—From the amount appro- icaid or the State child health plan (or waiver) mark coverage described in subsection (b)(1) or priated under subsection (f), the Secretary shall under CHIP, and shall ensure that such list is benchmark equivalent coverage described in award grants from amounts to eligible States for updated at least quarterly; and subsection (b)(2).’’. the purpose of carrying out programs and ac- (2) work with States to include a description (2) CORRECTION OF REFERENCE TO CHILDREN IN tivities that are designed to improve the avail- of the dental services provided under each State FOSTER CARE RECEIVING CHILD WELFARE SERV- ability of dental services and strengthen dental plan (or waiver) under Medicaid and each State ICES.—Section 1937(a)(2)(B)(viii) (42 U.S.C. coverage for targeted low-income children en- child health plan (or waiver) under CHIP on 1396u–7(a)(2)(B)(viii), as inserted by section rolled in State child health plans. such Insure Kids Now website. 6044(a) of the Deficit Reduction Act of 2005, is ‘‘(2) ELIGIBLE STATE.—In this section, the (c) GAO STUDY AND REPORT ON ACCESS TO amended by striking ‘‘aid or assistance is made term ‘eligible State’ means a State with an ap- ORAL HEALTH CARE, INCLUDING PREVENTIVE available under part B of title IV to children in proved State child health plan under this title AND RESTORATIVE SERVICES.— foster care and individuals’’ and inserting that submits an application under subsection (b) (1) IN GENERAL.—The Comptroller General of ‘‘child welfare services are made available under that is approved by Secretary. the United States shall conduct a study of chil- part B of title IV on the basis of being a child ‘‘(b) APPLICATION.—An eligible State that de- dren’s access to oral health care, including pre- in foster care or’’. sires to receive a grant under this paragraph ventive and restorative services, under Medicaid (3) TRANSPARENCY.—Section 1937 (42 U.S.C. shall submit an application to the Secretary in and CHIP, including— 1396u–7), as inserted by section 6044(a) of the such form and manner, and containing such in- (A) the extent to which providers are willing Deficit Reduction Act of 2005, is amended by formation, as the Secretary may require. Such to treat children eligible for such programs; adding at the end the following: application shall include— (B) information on such children’s access to ‘‘(c) PUBLICATION OF PROVISIONS AFFECTED.— ‘‘(1) a detailed description of— networks of care; Not later than 30 days after the date the Sec- ‘‘(A) the dental services (if any) covered under (C) geographic availability of oral health care, retary approves a State plan amendment to pro- the State child health plan; and including preventive and restorative services, vide benchmark benefits in accordance with ‘‘(B) how the State intends to improve dental under such programs; and subsections (a) and (b), the Secretary shall pub- coverage and services during fiscal years 2008 (D) as appropriate, information on the degree lish in the Federal Register and on the Internet through 2012; of availability of oral health care, including website of the Centers for Medicare & Medicaid ‘‘(2) a detailed description of the programs preventive and restorative services, for children Services, a list of the provisions of this title that and activities proposed to be conducted with under such programs. the Secretary has determined do not apply in funds awarded under the grant; (2) REPORT.—Not later than 2 years after the order to enable the State to carry out such plan ‘‘(3) quality and outcomes performance meas- date of enactment of this Act, the Comptroller amendment and the reason for each such deter- ures to evaluate the effectiveness of such activi- General shall submit a report to the appropriate mination.’’. ties; and committees of Congress on the study conducted (4) EFFECTIVE DATE.—The amendments made ‘‘(4) an assurance that the State shall— under paragraph (1) that includes recommenda- by this subsection shall take effect as if included ‘‘(A) conduct an assessment of the effective- tions for such Federal and State legislative and in the amendment made by section 6044(a) of the ness of such activities against such performance administrative changes as the Comptroller Gen- Deficit Reduction Act of 2005. measures; and eral determines are necessary to address any ‘‘(B) cooperate with the collection and report- barriers to access to oral health care, including SEC. 606. ELIMINATION OF CONFUSING PROGRAM REFERENCES. ing of data and other information determined as preventive and restorative services, under Med- Section 704 of the Medicare, Medicaid, and a result of conducting such assessments to the icaid and CHIP that may exist. (d) INCLUSION OF STATUS OF EFFORTS TO IM- SCHIP Balanced Budget Refinement Act of Secretary, in such form and manner as the Sec- PROVE DENTAL CARE IN REPORTS ON THE QUAL- 1999, as enacted into law by division B of Public retary shall require. ‘‘(c) USE OF FUNDS.—The programs and ac- ITY OF CHILDREN’S HEALTH CARE UNDER MED- Law 106–113 (113 Stat. 1501A–402) is repealed. tivities described in subsection (a)(1) may in- ICAID AND CHIP.—Section 1139A(a)(6)(ii), as SEC. 607. MENTAL HEALTH PARITY IN CHIP clude the provision of enhanced dental coverage added by section 501(a), is amended by inserting PLANS. under the State child health plan. ‘‘dental care,’’ after ‘‘preventive health serv- (a) ASSURANCE OF PARITY.—Section 2103(c) (42 ‘‘(d) MAINTENANCE OF EFFORT FOR STATES ices,’’. U.S.C. 1397cc(c)) is amended— AWARDED GRANTS; NO STATE MATCH RE- (1) by redesignating paragraph (5) as para- SEC. 609. APPLICATION OF PROSPECTIVE PAY- QUIRED.—In the case of a State that is awarded MENT SYSTEM FOR SERVICES PRO- graph (6); and a grant under this section— VIDED BY FEDERALLY-QUALIFIED (2) by inserting after paragraph (4), the fol- ‘‘(1) the State share of funds expended for HEALTH CENTERS AND RURAL lowing: dental services under the State child health plan HEALTH CLINICS. ‘‘(5) MENTAL HEALTH SERVICES PARITY.— shall not be less than the State share of such (a) APPLICATION OF PROSPECTIVE PAYMENT ‘‘(A) IN GENERAL.—In the case of a State child funds expended in the fiscal year preceding the SYSTEM.— health plan that provides both medical and sur- first fiscal year for which the grant is awarded; (1) IN GENERAL.—Section 2107(e)(1) (42 U.S.C. gical benefits and mental health or substance and 1397gg(e)(1)), as amended by sections 204(b) and abuse benefits, such plan shall ensure that the ‘‘(2) no State matching funds shall be required 503, is amended by inserting after subparagraph financial requirements and treatment limitations for the State to receive a grant under this sec- (A) the following new subparagraph (and redes- applicable to such mental health or substance tion. ignating the succeeding subparagraphs accord- abuse benefits are no more restrictive than the ‘‘(e) ANNUAL REPORT.—The Secretary shall ingly): financial requirements and treatment limitations submit an annual report to the appropriate com- ‘‘(B) Section 1902(bb) (relating to payment for applied to substantially all medical and surgical mittees of Congress regarding the grants award- services provided by Federally-qualified health benefits covered by the plan. ed under this section that includes— centers and rural health clinics).’’. ‘‘(B) DEEMED COMPLIANCE.—To the extent ‘‘(1) State specific descriptions of the programs (2) EFFECTIVE DATE.—The amendment made that a State child health plan includes coverage and activities conducted with funds awarded by paragraph (1) shall apply to services pro- with respect to an individual described in sec- under such grants; and vided on or after October 1, 2008. tion 1905(a)(4)(B) and covered under the State ‘‘(2) information regarding the assessments re- (b) TRANSITION GRANTS.— plan under section 1902(a)(10)(A) of the services quired of States under subsection (b)(4). (1) APPROPRIATION.—Out of any funds in the described in section 1905(a)(4)(B) (relating to ‘‘(f) APPROPRIATION.—Out of any funds in the Treasury not otherwise appropriated, there is early and periodic screening, diagnostic, and Treasury not otherwise appropriated, there is appropriated to the Secretary for fiscal year treatment services defined in section 1905(r)) appropriated, $200,000,000 for the period of fiscal 2008, $5,000,000, to remain available until ex- and provided in accordance with section years 2008 through 2012, to remain available pended, for the purpose of awarding grants to 1902(a)(43), such plan shall be deemed to satisfy until expended, for the purpose of awarding States with State child health plans under CHIP the requirements of subparagraph (A).’’. grants to States under this section. Amounts ap- that are operated separately from the State (b) CONFORMING AMENDMENTS.—Section 2103 propriated and paid under the authority of this Medicaid plan under title XIX of the Social Se- (42 U.S.C. 1397cc) is amended— section shall be in addition to amounts appro- curity Act (including any waiver of such plan), (1) in subsection (a), in the matter preceding priated under section 2104 and paid to States in or in combination with the State Medicaid plan, paragraph (1), by striking ‘‘subsection (c)(5)’’ accordance with section 2105.’’. for expenditures related to transitioning to com- and inserting ‘‘paragraphs (5) and (6) of sub- (b) IMPROVED ACCESSIBILITY OF DENTAL PRO- pliance with the requirement of section section (c)’’; and VIDER INFORMATION MORE ACCESSIBLE TO EN- 2107(e)(1)(B) of the Social Security Act (as

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 6333 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10974 CONGRESSIONAL RECORD — SENATE August 3, 2007 added by subsection (a)) to apply the prospec- (ii) in paragraph (2), by inserting ‘‘or under (A) in paragraph (5), by striking ‘‘and’’ at the tive payment system established under section subsection (a)(3)’’ after ‘‘subsection (a)(1)’’. end; 1902(bb) of the such Act (42 U.S.C. 1396a(bb)) to (B) SUBSTITUTION OF PAID LEAVE.—Section (B) in paragraph (6), by striking the period services provided by Federally-qualified health 102(d) of such Act (29 U.S.C. 2612(d)) is amend- and inserting ‘‘; and’’; and centers and rural health clinics. ed— (C) by adding at the end the following: (2) MONITORING AND REPORT.—The Secretary (i) in paragraph (1)— ‘‘(7) the term ‘active duty’ means duty under shall monitor the impact of the application of (I) by inserting ‘‘(or 26 workweeks in the case a call or order to active duty under a provision such prospective payment system on the States of leave provided under subsection (a)(3))’’ after of law referred to in section 101(a)(13)(B) of title described in paragraph (1) and, not later than ‘‘12 workweeks’’ the first place it appears; and 10, United States Code; October 1, 2010, shall report to Congress on any (II) by inserting ‘‘(or 26 workweeks, as appro- ‘‘(8) the term ‘covered servicemember’ means a effect on access to benefits, provider payment priate)’’ after ‘‘12 workweeks’’ the second place member of the Armed Forces, including a mem- rates, or scope of benefits offered by such States it appears; and ber of the National Guard or a Reserve, who is as a result of the application of such payment (ii) in paragraph (2)(B), by adding at the end undergoing medical treatment, recuperation, or system. the following: ‘‘An eligible employee may elect, therapy, is otherwise in medical hold or medical SEC. 610. SUPPORT FOR INJURED or an employer may require the employee, to holdover status, or is otherwise on the tem- SERVICEMEMBERS. substitute any of the accrued paid vacation porary disability retired list, for a serious injury (a) SHORT TITLE.—This section may be cited leave, personal leave, family leave, or medical or or illness; as the ‘‘Support for Injured Servicemembers sick leave of the employee for leave provided ‘‘(9) the term ‘medical hold or medical hold- Act’’. under subsection (a)(3) for any part of the 26- over status’ means— (b) SERVICEMEMBER FAMILY LEAVE.— week period of such leave under such sub- ‘‘(A) the status of a member of the Armed (1) DEFINITIONS.—Section 101 of the Family section.’’. Forces, including a member of the National and Medical Leave Act of 1993 (29 U.S.C. 2611) (C) NOTICE.—Section 102(e)(2) of such Act (29 Guard or a Reserve, assigned or attached to a is amended by adding at the end the following: U.S.C. 2612(e)(2)) is amended by inserting ‘‘or military hospital for medical care; and ‘‘(14) ACTIVE DUTY.—The term ‘active duty’ under subsection (a)(3)’’ after ‘‘subsection ‘‘(B) the status of a member of a reserve com- means duty under a call or order to active duty (a)(1)’’. ponent of the Armed Forces who is separated, under a provision of law referred to in section (D) SPOUSES EMPLOYED BY SAME EMPLOYER.— whether pre-deployment or post-deployment, 101(a)(13)(B) of title 10, United States Code. Section 102(f) of such Act (29 U.S.C. 2612(f)) is from the member’s unit while in need of health ‘‘(15) COVERED SERVICEMEMBER.—The term amended— care based on a medical condition identified ‘covered servicemember’ means a member of the (i) by redesignating paragraphs (1) and (2) as while the member is on active duty in the Armed Armed Forces, including a member of the Na- subparagraphs (A) and (B), and aligning the Forces; tional Guard or a Reserve, who is undergoing margins of the subparagraphs with the margins ‘‘(10) the term ‘next of kin’, used with respect medical treatment, recuperation, or therapy, is of section 102(e)(2)(A); to an individual, means the nearest blood rel- otherwise in medical hold or medical holdover (ii) by striking ‘‘In any’’ and inserting the fol- ative of that individual; and status, or is otherwise on the temporary dis- lowing: ‘‘(11) the term ‘serious injury or illness’, in the ability retired list, for a serious injury or illness. ‘‘(1) IN GENERAL.—In any’’; and case of a member of the Armed Forces, means an (iii) by adding at the end the following: ‘‘(16) MEDICAL HOLD OR MEDICAL HOLDOVER injury or illness incurred by the member in line ‘‘(2) SERVICEMEMBER FAMILY LEAVE.— STATUS.—The term ‘medical hold or medical of duty on active duty in the Armed Forces that ‘‘(A) IN GENERAL.—The aggregate number of holdover status’ means— may render the member medically unfit to per- workweeks of leave to which both that husband ‘‘(A) the status of a member of the Armed form the duties of the member’s office, grade, and wife may be entitled under subsection (a) Forces, including a member of the National rank, or rating.’’. may be limited to 26 workweeks during the sin- Guard or a Reserve, assigned or attached to a (2) ENTITLEMENT TO LEAVE.—Section 6382(a) gle 12-month period described in subsection military hospital for medical care; and of such title is amended by adding at the end ‘‘(B) the status of a member of a reserve com- (a)(3) if the leave is— the following: ‘‘(i) leave under subsection (a)(3); or ‘‘(3) Subject to section 6383, an employee who ponent of the Armed Forces who is separated, ‘‘(ii) a combination of leave under subsection is the spouse, son, daughter, parent, or next of whether pre-deployment or post-deployment, (a)(3) and leave described in paragraph (1). kin of a covered servicemember shall be entitled from the member’s unit while in need of health ‘‘(B) BOTH LIMITATIONS APPLICABLE.—If the care based on a medical condition identified leave taken by the husband and wife includes to a total of 26 administrative workweeks of while the member is on active duty in the Armed leave described in paragraph (1), the limitation leave during a 12-month period to care for the Forces. in paragraph (1) shall apply to the leave de- servicemember. The leave described in this para- ‘‘(17) NEXT OF KIN.—The term ‘next of kin’, scribed in paragraph (1).’’. graph shall only be available during a single 12- used with respect to an individual, means the (E) CERTIFICATION.—Section 103 of such Act month period. nearest blood relative of that individual. (29 U.S.C. 2613) is amended by adding at the end ‘‘(4) During the single 12-month period de- ‘‘(18) SERIOUS INJURY OR ILLNESS.—The term the following: scribed in paragraph (3), an employee shall be ‘serious injury or illness’, in the case of a mem- ‘‘(f) CERTIFICATION FOR SERVICEMEMBER FAM- entitled to a combined total of 26 administrative ber of the Armed Forces, means an injury or ill- ILY LEAVE.—An employer may require that a re- workweeks of leave under paragraphs (1) and ness incurred by the member in line of duty on quest for leave under section 102(a)(3) be sup- (3). Nothing in this paragraph shall be con- active duty in the Armed Forces that may ported by a certification issued at such time and strued to limit the availability of leave under render the member medically unfit to perform in such manner as the Secretary may by regula- paragraph (1) during any other 12-month pe- the duties of the member’s office, grade, rank, or tion prescribe.’’. riod.’’. rating.’’. (F) FAILURE TO RETURN.—Section 104(c) of (3) REQUIREMENTS RELATING TO LEAVE.— (2) ENTITLEMENT TO LEAVE.—Section 102(a) of such Act (29 U.S.C. 2614(c)) is amended— (A) SCHEDULE.—Section 6382(b) of such title is such Act (29 U.S.C. 2612(a)) is amended by add- (i) in paragraph (2)(B)(i), by inserting ‘‘or amended— ing at the end the following: under section 102(a)(3)’’ before the semicolon; (i) in paragraph (1), in the second sentence— ‘‘(3) SERVICEMEMBER FAMILY LEAVE.—Subject and (I) by striking ‘‘section 6383(b)(5)’’ and insert- to section 103, an eligible employee who is the (ii) in paragraph (3)(A)— ing ‘‘subsection (b)(5) or (f) (as appropriate) of spouse, son, daughter, parent, or next of kin of (I) in clause (i), by striking ‘‘or’’ at the end; section 6383’’; and a covered servicemember shall be entitled to a (II) in clause (ii), by striking the period and (II) by inserting ‘‘or under subsection (a)(3)’’ total of 26 workweeks of leave during a 12- inserting ‘‘; or’’; and after ‘‘subsection (a)(1)’’; and month period to care for the servicemember. The (III) by adding at the end the following: (ii) in paragraph (2), by inserting ‘‘or under leave described in this paragraph shall only be ‘‘(iii) a certification issued by the health care subsection (a)(3)’’ after ‘‘subsection (a)(1)’’. available during a single 12-month period. provider of the servicemember being cared for by (B) SUBSTITUTION OF PAID LEAVE.—Section ‘‘(4) COMBINED LEAVE TOTAL.—During the sin- the employee, in the case of an employee unable 6382(d) of such title is amended by adding at the gle 12-month period described in paragraph (3), to return to work because of a condition speci- end the following: ‘‘An employee may elect to an eligible employee shall be entitled to a com- fied in section 102(a)(3).’’. substitute for leave under subsection (a)(3) any bined total of 26 workweeks of leave under para- (G) ENFORCEMENT.—Section 107 of such Act of the employee’s accrued or accumulated an- graphs (1) and (3). Nothing in this paragraph (29 U.S.C. 2617) is amended, in subsection nual or sick leave under subchapter I for any shall be construed to limit the availability of (a)(1)(A)(i)(II), by inserting ‘‘(or 26 weeks, in a part of the 26-week period of leave under such leave under paragraph (1) during any other 12- case involving leave under section 102(a)(3))’’ subsection.’’. month period.’’. after ‘‘12 weeks’’. (C) NOTICE.—Section 6382(e) of such title is (3) REQUIREMENTS RELATING TO LEAVE.— (H) INSTRUCTIONAL EMPLOYEES.—Section 108 amended by inserting ‘‘or under subsection (A) SCHEDULE.—Section 102(b) of such Act (29 of such Act (29 U.S.C. 2618) is amended, in sub- (a)(3)’’ after ‘‘subsection (a)(1)’’. U.S.C. 2612(b)) is amended— sections (c)(1), (d)(2), and (d)(3), by inserting (D) CERTIFICATION.—Section 6383 of such title (i) in paragraph (1), in the second sentence— ‘‘or under section 102(a)(3)’’ after ‘‘section is amended by adding at the end the following: (I) by striking ‘‘section 103(b)(5)’’ and insert- 102(a)(1)’’. ‘‘(f) An employing agency may require that a ing ‘‘subsection (b)(5) or (f) (as appropriate) of (c) SERVICEMEMBER FAMILY LEAVE FOR CIVIL request for leave under section 6382(a)(3) be sup- section 103’’; and SERVICE EMPLOYEES.— ported by a certification issued at such time and (II) by inserting ‘‘or under subsection (a)(3)’’ (1) DEFINITIONS.—Section 6381 of title 5, in such manner as the Office of Personnel Man- after ‘‘subsection (a)(1)’’; and United States Code, is amended— agement may by regulation prescribe.’’.

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SEC. 611. MILITARY FAMILY JOB PROTECTION. (b) SENSE OF THE SENATE.—The Senate— education and outreach for small business con- (a) SHORT TITLE.—This section may be cited (1) recognizes the necessity to improve afford- cerns regarding the availability of coverage for as the ‘‘Military Family Job Protection Act’’. ability and access to health insurance for all children through private insurance options, the (b) PROHIBITION ON DISCRIMINATION IN EM- Americans; Medicaid program, and the State Children’s PLOYMENT AGAINST CERTAIN FAMILY MEMBERS (2) acknowledges the value of building upon Health Insurance Program. CARING FOR RECOVERING MEMBERS OF THE the existing private health insurance market; (2) MEMBERSHIP.—The task force shall consist ARMED FORCES.—A family member of a recov- and of the Administrator, the Secretary of Health ering servicemember described in subsection (c) (3) affirms its intent to enact legislation this and Human Services, the Secretary of Labor, shall not be denied retention in employment, year that, with appropriate protection for con- and the Secretary of the Treasury. promotion, or any benefit of employment by an sumers, improves access to affordable and mean- (3) RESPONSIBILITIES.—The campaign con- employer on the basis of the family member’s ab- ingful health insurance coverage for employees ducted under this subsection shall include— sence from employment as described in that sub- of small businesses and individuals by— (A) efforts to educate the owners of small section, for a period of not more than 52 work- (A) facilitating pooling mechanisms, including business concerns about the value of health cov- weeks. pooling across State lines, and erage for children; (c) COVERED FAMILY MEMBERS.—A family (B) providing assistance to small businesses (B) information regarding options available to member described in this subsection is a family and individuals, including financial assistance the owners and employees of small business con- member of a recovering servicemember who is— and tax incentives, for the purchase of private cerns to make insurance more affordable, in- (1) on invitational orders while caring for the insurance coverage. cluding Federal and State tax deductions and recovering servicemember; SEC. 613. DEMONSTRATION PROJECTS RELATING credits for health care-related expenses and (2) a non-medical attendee caring for the re- TO DIABETES PREVENTION. health insurance expenses and Federal tax ex- covering servicemember; or There is authorized to be appropriated clusion for health insurance options available (3) receiving per diem payments from the De- $15,000,000 during the period of fiscal years 2008 under employer-sponsored cafeteria plans under partment of Defense while caring for the recov- through 2012 to fund demonstration projects in section 125 of the Internal Revenue Code of 1986; ering servicemember. up to 10 States over 3 years for voluntary incen- (C) efforts to educate the owners of small busi- (d) TREATMENT OF ACTIONS.—An employer tive programs to promote children’s receipt of ness concerns about assistance available shall be considered to have engaged in an action relevant screenings and improvements in through public programs; and prohibited by subsection (b) with respect to a healthy eating and physical activity with the (D) efforts to educate the owners and employ- person described in that subsection if the ab- aim of reducing the incidence of type 2 diabetes. ees of small business concerns regarding the sence from employment of the person as de- Such programs may involve reductions in cost- availability of the hotline operated as part of scribed in that subsection is a motivating factor sharing or premiums when children receive reg- the Insure Kids Now program of the Department in the employer’s action, unless the employer ular screening and reach certain benchmarks in of Health and Human Services. can prove that the action would have been healthy eating and physical activity. Under (4) IMPLEMENTATION.—In carrying out this taken in the absence of the absence of employ- such programs, a State may also provide finan- subsection, the task force may— ment of the person. cial bonuses for partnerships with entities, such (A) use any business partner of the Adminis- (e) DEFINITIONS.—In this section: as schools, which increase their education and tration, including— (1) BENEFIT OF EMPLOYMENT.—The term ‘‘ben- efforts with respect to reducing the incidence of (i) a small business development center; efit of employment’’ has the meaning given such type 2 diabetes and may also devise incentives (ii) a certified development company; term in section 4303 of title 38, United States for providers serving children covered under this (iii) a women’s business center; and Code. title and title XIX to perform relevant screening (iv) the Service Corps of Retired Executives; (2) CARING FOR.—The term ‘‘caring for’’, used and counseling regarding healthy eating and (B) enter into— with respect to a recovering servicemember, physical activity. Upon completion of these dem- (i) a memorandum of understanding with a means providing personal, medical, or convales- onstrations, the Secretary shall provide a report chamber of commerce; and cent care to the recovering servicemember, under to Congress on the results of the State dem- (ii) a partnership with any appropriate small circumstances that substantially interfere with onstration projects and the degree to which they business concern or health advocacy group; and an employee’s ability to work. helped improve health outcomes related to type (C) designate outreach programs at regional (3) EMPLOYER.—The term ‘‘employer’’ has the 2 diabetes in children in those States.’’. offices of the Department of Health and Human meaning given such term in section 4303 of title SEC. 614. OUTREACH REGARDING HEALTH INSUR- Services to work with district offices of the Ad- 38, United States Code, except that the term ANCE OPTIONS AVAILABLE TO CHIL- ministration. does not include any person who is not consid- DREN. (5) WEBSITE.—The Administrator shall ensure ered to be an employer under title I of the Fam- (a) DEFINITIONS.—In this section— that links to information on the eligibility and ily and Medical Leave Act of 1993 (29 U.S.C. (1) the terms ‘‘Administration’’ and ‘‘Adminis- enrollment requirements for the Medicaid pro- 2611 et seq.) because the person does not meet trator’’ means the Small Business Administra- gram and State Children’s Health Insurance the requirements of section 101(4)(A)(i) of such tion and the Administrator thereof, respectively; Program of each State are prominently dis- Act (29 U.S.C. 2611(4)(A)(i)). (2) the term ‘‘certified development company’’ played on the website of the Administration. (4) FAMILY MEMBER.—The term ‘‘family mem- means a development company participating in (6) REPORT.— ber’’, with respect to a recovering servicemem- the program under title V of the Small Business (A) IN GENERAL.—Not later than 2 years after ber, has the meaning given that term in section Investment Act of 1958 (15 U.S.C. 695 et seq.); the date of enactment of this Act, and every 2 411h(b) of title 37, United States Code. (3) the term ‘‘Medicaid program’’ means the years thereafter, the Administrator shall submit (5) RECOVERING SERVICEMEMBER.—The term program established under title XIX of the So- to the Committee on Small Business and Entre- ‘‘recovering servicemember’’ means a member of cial Security Act (42 U.S.C. 1396 et seq.); preneurship of the Senate and the Committee on the Armed Forces, including a member of the (4) the term ‘‘Service Corps of Retired Execu- Small Business of the House of Representatives National Guard or a Reserve, who is undergoing tives’’ means the Service Corps of Retired Execu- a report on the status of the nationwide cam- medical treatment, recuperation, or therapy, or tives authorized by section 8(b)(1) of the Small paign conducted under paragraph (1). is otherwise in medical hold or medical holdover Business Act (15 U.S.C. 637(b)(1)); (B) CONTENTS.—Each report submitted under status, for an injury, illness, or disease incurred (5) the term ‘‘small business concern’’ has the subparagraph (A) shall include a status update or aggravated while on active duty in the Armed meaning given that term in section 3 of the on all efforts made to educate owners and em- Forces. Small Business Act (15 U.S.C. 632); ployees of small business concerns on options for SEC. 612. SENSE OF SENATE REGARDING ACCESS (6) the term ‘‘small business development cen- providing health insurance for children through TO AFFORDABLE AND MEANINGFUL ter’’ means a small business development center public and private alternatives. HEALTH INSURANCE COVERAGE. described in section 21 of the Small Business Act TITLE VII—REVENUE PROVISIONS (a) FINDINGS.—The Senate finds the following: (15 U.S.C. 648); (1) There are approximately 45 million Ameri- (7) the term ‘‘State’’ has the meaning given SEC. 701. INCREASE IN EXCISE TAX RATE ON TO- cans currently without health insurance. that term for purposes of title XXI of the Social BACCO PRODUCTS. (2) More than half of uninsured workers are Security Act (42 U.S.C. 1397aa et seq.); (a) CIGARS.—Section 5701(a) of the Internal employed by businesses with less than 25 em- (8) the term ‘‘State Children’s Health Insur- Revenue Code of 1986 is amended— ployees or are self-employed. ance Program’’ means the State Children’s (1) by striking ‘‘$1.828 cents per thousand (3) Health insurance premiums continue to Health Insurance Program established under ($1.594 cents per thousand on cigars removed rise at more than twice the rate of inflation for title XXI of the Social Security Act (42 U.S.C. during 2000 or 2001)’’ in paragraph (1) and in- all consumer goods. 1397aa et seq.); serting ‘‘$50.00 per thousand’’, (4) Individuals in the small group and indi- (9) the term ‘‘task force’’ means the task force (2) by striking ‘‘20.719 percent (18.063 percent vidual health insurance markets usually pay established under subsection (b)(1); and on cigars removed during 2000 or 2001)’’ in para- more for similar coverage than those in the large (10) the term ‘‘women’s business center’’ graph (2) and inserting ‘‘53.13 percent’’, and group market. means a women’s business center described in (3) by striking ‘‘$48.75 per thousand ($42.50 (5) The rapid growth in health insurance costs section 29 of the Small Business Act (15 U.S.C. per thousand on cigars removed during 2000 or over the last few years has forced many employ- 656). 2001)’’ in paragraph (2) and inserting ‘‘$3.00 per ers, particularly small employers, to increase (b) ESTABLISHMENT OF TASK FORCE.— cigar’’. deductibles and co-pays or to drop coverage (1) ESTABLISHMENT.—There is established a (b) CIGARETTES.—Section 5701(b) of such Code completely. task force to conduct a nationwide campaign of is amended—

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(1) by striking ‘‘$19.50 per thousand ($17 per (B) SECRETARY.—The term ‘‘Secretary’’ means (2) SUSPENSION OR REVOCATION.—Subsection thousand on cigarettes removed during 2000 or the Secretary of the Treasury or the Secretary’s (b) of section 5713 of such Code is amended to 2001)’’ in paragraph (1) and inserting ‘‘$50.00 delegate. read as follows: per thousand’’, and (6) CONTROLLED GROUPS.—Rules similar to the ‘‘(b) SUSPENSION OR REVOCATION.— (2) by striking ‘‘$40.95 per thousand ($35.70 rules of section 5061(e)(3) of such Code shall ‘‘(1) SHOW CAUSE HEARING.—If the Secretary per thousand on cigarettes removed during 2000 apply for purposes of this subsection. has reason to believe that any person holding a or 2001)’’ in paragraph (2) and inserting (7) OTHER LAWS APPLICABLE.—All provisions permit— ‘‘$104.9999 cents per thousand’’. of law, including penalties, applicable with re- ‘‘(A) has not in good faith complied with this (c) CIGARETTE PAPERS.—Section 5701(c) of spect to the taxes imposed by section 5701 of chapter, or with any other provision of this title such Code is amended by striking ‘‘1.22 cents such Code shall, insofar as applicable and not involving intent to defraud, (1.06 cents on cigarette papers removed during inconsistent with the provisions of this sub- ‘‘(B) has violated the conditions of such per- 2000 or 2001)’’ and inserting ‘‘3.13 cents’’. section, apply to the floor stocks taxes imposed mit, ‘‘(C) has failed to disclose any material infor- (d) CIGARETTE TUBES.—Section 5701(d) of such by paragraph (1), to the same extent as if such mation required or made any material false Code is amended by striking ‘‘2.44 cents (2.13 taxes were imposed by such section 5701. The statement in the application for such permit, cents on cigarette tubes removed during 2000 or Secretary may treat any person who bore the ul- ‘‘(D) has failed to maintain his premises in 2001)’’ and inserting ‘‘6.26 cents’’. timate burden of the tax imposed by paragraph (e) SMOKELESS TOBACCO.—Section 5701(e) of such manner as to protect the revenue, (1) as the person to whom a credit or refund ‘‘(E) is, by reason of previous or current legal such Code is amended— under such provisions may be allowed or made. (1) by striking ‘‘58.5 cents (51 cents on snuff proceedings involving a felony violation of any (i) EFFECTIVE DATE.—The amendments made removed during 2000 or 2001)’’ in paragraph (1) other provision of Federal criminal law relating by this section shall apply to articles removed to tobacco products, cigarette paper, or cigarette and inserting ‘‘$1.50’’, and (as defined in section 5702(j) of the Internal (2) by striking ‘‘19.5 cents (17 cents on chew- tubes, not likely to maintain operations in com- Revenue Code of 1986) after December 31, 2007. ing tobacco removed during 2000 or 2001)’’ in pliance with this chapter, or paragraph (2) and inserting ‘‘50 cents’’. SEC. 702. ADMINISTRATIVE IMPROVEMENTS. ‘‘(F) has been convicted of a felony violation (f) PIPE TOBACCO.—Section 5701(f) of such (a) PERMIT, REPORT, AND RECORD REQUIRE- of any provision of Federal or State criminal Code is amended by striking ‘‘$1.0969 cents MENTS FOR MANUFACTURERS AND IMPORTERS OF law relating to tobacco products, cigarette (95.67 cents on pipe tobacco removed during 2000 PROCESSED TOBACCO.— paper, or cigarette tubes, or 2001)’’ and inserting ‘‘$2.8126 cents’’. (1) PERMITS.— the Secretary shall issue an order, stating the (g) ROLL-YOUR-OWN TOBACCO.—Section (A) APPLICATION.—Section 5712 of the Inter- facts charged, citing such person to show cause 5701(g) of such Code is amended by striking nal Revenue Code of 1986 is amended by insert- why his permit should not be suspended or re- ‘‘$1.0969 cents (95.67 cents on roll-your-own to- ing ‘‘or processed tobacco’’ after ‘‘tobacco prod- voked. bacco removed during 2000 or 2001)’’ and insert- ucts’’. ‘‘(2) ACTION FOLLOWING HEARING.—If, after ing ‘‘$8.8889 cents’’. (B) ISSUANCE.—Section 5713(a) of such Code is hearing, the Secretary finds that such person (h) FLOOR STOCKS TAXES.— amended by inserting ‘‘or processed tobacco’’ has not shown cause why his permit should not (1) IMPOSITION OF TAX.—On tobacco products after ‘‘tobacco products’’. be suspended or revoked, such permit shall be and cigarette papers and tubes manufactured in (2) INVENTORIES AND REPORTS.— suspended for such period as the Secretary or imported into the United States which are re- (A) INVENTORIES.—Section 5721 of such Code deems proper or shall be revoked.’’. moved before January 1, 2008, and held on such is amended by inserting ‘‘, processed tobacco,’’ (c) APPLICATION OF INTERNAL REVENUE CODE date for sale by any person, there is hereby im- after ‘‘tobacco products’’. STATUTE OF LIMITATIONS FOR ALCOHOL AND TO- posed a tax in an amount equal to the excess (B) REPORTS.—Section 5722 of such Code is BACCO EXCISE TAXES.—Section 514(a) of the of— amended by inserting ‘‘, processed tobacco,’’ Tariff Act of 1930 (19 U.S.C. 1514(a)) is amended (A) the tax which would be imposed under after ‘‘tobacco products’’. by striking ‘‘and section 520 (relating to re- section 5701 of the Internal Revenue Code of (3) RECORDS.—Section 5741 of such Code is funds)’’ and inserting ‘‘section 520 (relating to 1986 on the article if the article had been re- amended by inserting ‘‘, processed tobacco,’’ refunds), and section 6501 of the Internal Rev- moved on such date, over after ‘‘tobacco products’’. enue Code of 1986 (but only with respect to taxes (B) the prior tax (if any) imposed under sec- (4) MANUFACTURER OF PROCESSED TOBACCO.— imposed under chapters 51 and 52 of such tion 5701 of such Code on such article. Section 5702 of such Code is amended by adding Code)’’. (2) CREDIT AGAINST TAX.—Each person shall at the end the following new subsection: (d) EXPANSION OF DEFINITION OF ROLL-YOUR- be allowed as a credit against the taxes imposed ‘‘(p) MANUFACTURER OF PROCESSED TO- OWN TOBACCO.— by paragraph (1) an amount equal to $500. Such BACCO.— (1) IN GENERAL.—Section 5702(o) of the Inter- credit shall not exceed the amount of taxes im- ‘‘(1) IN GENERAL.—The term ‘manufacturer of nal Revenue Code of 1986 is amended by insert- posed by paragraph (1) on January 1, 2008, for processed tobacco’ means any person who proc- ing ‘‘or cigars, or for use as wrappers thereof’’ which such person is liable. esses any tobacco other than tobacco products. before the period at the end. (3) LIABILITY FOR TAX AND METHOD OF PAY- ‘‘(2) PROCESSED TOBACCO.—The processing of (2) EFFECTIVE DATE.—The amendment made MENT.— tobacco shall not include the farming or grow- by this subsection shall apply to articles re- (A) LIABILITY FOR TAX.—A person holding to- ing of tobacco or the handling of tobacco solely moved (as defined in section 5702(j) of the Inter- bacco products, cigarette papers, or cigarette for sale, shipment, or delivery to a manufacturer nal Revenue Code of 1986) after December 31, tubes on January 1, 2008, to which any tax im- of tobacco products or processed tobacco.’’. 2007. posed by paragraph (1) applies shall be liable (5) CONFORMING AMENDMENT.—Section 5702(k) (e) TIME OF TAX FOR UNLAWFULLY MANUFAC- for such tax. of such Code is amended by inserting ‘‘, or any TURED TOBACCO PRODUCTS.—Section 5703(b)(2) (B) METHOD OF PAYMENT.—The tax imposed processed tobacco,’’ after ‘‘nontaxpaid tobacco of such Code is amended by adding at the end by paragraph (1) shall be paid in such manner products or cigarette papers or tubes’’. the following new subparagraph: as the Secretary shall prescribe by regulations. PECIAL RULE FOR UNLAWFULLY MANU (6) EFFECTIVE DATE.—The amendments made ‘‘(F) S - (C) TIME FOR PAYMENT.—The tax imposed by FACTURED TOBACCO PRODUCTS.—In the case of paragraph (1) shall be paid on or before April 1, by this subsection shall take effect on January 1, 2008. any tobacco products, cigarette paper, or ciga- 2008. rette tubes produced in the United States at any (4) ARTICLES IN FOREIGN TRADE ZONES.—Not- (b) BASIS FOR DENIAL, SUSPENSION, OR REV- OCATION OF PERMITS.— place other than the premises of a manufacturer withstanding the Act of June 18, 1934 (commonly of tobacco products, cigarette paper, or cigarette known as the Foreign Trade Zone Act, 48 Stat. (1) DENIAL.—Paragraph (3) of section 5712 of such Code is amended to read as follows: tubes that has filed the bond and obtained the 998, 19 U.S.C. 81a et seq.) or any other provision permit required under this chapter, tax shall be of law, any article which is located in a foreign ‘‘(3) such person (including, in the case of a corporation, any officer, director, or principal due and payable immediately upon manufac- trade zone on January 1, 2008, shall be subject ture.’’. to the tax imposed by paragraph (1) if— stockholder and, in the case of a partnership, a partner)— SEC. 703. TIME FOR PAYMENT OF CORPORATE ES- (A) internal revenue taxes have been deter- TIMATED TAXES. mined, or customs duties liquidated, with re- ‘‘(A) is, by reason of his business experience, financial standing, or trade connections or by Subparagraph (B) of section 401(1) of the Tax spect to such article before such date pursuant Increase Prevention and Reconciliation Act of to a request made under the 1st proviso of sec- reason of previous or current legal proceedings involving a felony violation of any other provi- 2005 is amended by striking ‘‘114.50 percent’’ tion 3(a) of such Act, or and inserting ‘‘113.25 percent’’. (B) such article is held on such date under the sion of Federal criminal law relating to tobacco supervision of an officer of the United States products, cigarette paper, or cigarette tubes, not TITLE VIII—EFFECTIVE DATE Customs and Border Protection of the Depart- likely to maintain operations in compliance with SEC. 801. EFFECTIVE DATE. ment of Homeland Security pursuant to the 2d this chapter, (a) IN GENERAL.—Unless otherwise provided proviso of such section 3(a). ‘‘(B) has been convicted of a felony violation in this Act, subject to subsection (b), the amend- (5) DEFINITIONS.—For purposes of this sub- of any provision of Federal or State criminal ments made by this Act shall take effect on Oc- section— law relating to tobacco products, cigarette tober 1, 2007, and shall apply to child health as- (A) IN GENERAL.—Any term used in this sub- paper, or cigarette tubes, or sistance and medical assistance provided on or section which is also used in section 5702 of the ‘‘(C) has failed to disclose any material infor- after that date without regard to whether or not Internal Revenue Code of 1986 shall have the mation required or made any material false final regulations to carry out such amendments same meaning as such term has in such section. statement in the application therefor.’’. have been promulgated by such date.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 6333 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10977 (b) EXCEPTION FOR STATE LEGISLATION.—In The nominations considered and con- indicated while assigned to a position of im- the case of a State plan under title XIX or XXI firmed are as follows: portance and responsibility under title 10, of the Social Security Act, which the Secretary U.S.C., section 601: DEPARTMENT OF THE INTERIOR determines requires State legislation in order for To be lieutenant general Brent T. Wahlquist, of Pennsylvania, to be the plan to meet the additional requirements im- Maj. Gen. Carter F. Ham, 0000 posed by an amendment made by this Act, the Director of the Office of Surface Mining Rec- The following Army National Guard of the State plan shall not be regarded as failing to lamation and Enforcement. United States officer for appointment in the comply with the requirements of such Act solely James L. Caswell, of Idaho, to be Director of the Bureau of Land Management. Reserve of the Army to the grade indicated on the basis of its failure to meet these addi- under title 10, U.S.C., section 12203: tional requirements before the first day of the DEPARTMENT OF ENERGY To be brigadier general first calendar quarter beginning after the close Lisa E. Epifani, of Texas, to be an Assist- of the first regular session of the State legisla- ant Secretary of Energy (Congressional and Col. Lawrence A. Haskins, 0000 ture that begins after the date of enactment of Intergovernment Affairs). IN THE NAVY this Act. For purposes of the preceding sentence, Kevin M. Kolevar, of Michigan, to be an The following named officer for appoint- in the case of a State that has a 2-year legisla- Assistant Secretary of Energy (Electricity ment in the United States Navy to the grade tive session, each year of the session shall be Delivery and Energy Reliability). indicated while assigned to a position of im- considered to be a separate regular session of Clarence H. Albright, of South Carolina, to portance and responsibility under title 10, the State legislature. be Under Secretary of Energy. U.S.C., section 601: Amend the title so as to read: ‘‘An Act to MORRIS K. UDALL SCHOLARSHIP AND EXCEL- To be vice admiral amend title XXI of the Social Security Act LENCE IN NATIONAL ENVIRONMENTAL POLICY Rear Adm. Richard K. Gallagher, 0000 to reauthorize the State Children’s Health FOUNDATION Insurance Program, and for other purposes.’’. The following named officer for appoint- Robert Boldrey, of Michigan, to be a Mem- ment in the United States Navy to the grade f ber of the Board of Trustees of the Morris K. indicated while assigned to a position of im- Udall Scholarship and Excellence in Na- UNANIMOUS CONSENT AGREE- portance and responsibility under title 10, tional Environmental Policy Foundation for U.S.C., section 601: MENT—EXECUTIVE CALENDAR a term expiring May 26, 2013. NO. 278 To be vice admiral FEDERAL EMERGENCY MANAGEMENT AGENCY Rear Adm. Robert T. Moeller, 0000 Mr. REID. Mr. President, I ask unan- Dennis R. Schrader, of Maryland, to be The following named officer for appoint- imous consent that on Tuesday, Sep- Deputy Administrator for National Pre- ment in the United States Navy to the grade tember 4, at 2:30 p.m., the Senate pro- paredness, Federal Emergency Management indicated while assigned to a position of im- ceed to executive session to consider Agency, Department of Homeland Security. portance and responsibility under title 10, Executive Calendar No. 278, Jim [NEW REPORTS] U.S.C., section 601: Nussle, to be Director of the Office of DEPARTMENT OF COMMERCE To be vice admiral Management and Budget; that there be William G. Sutton, Jr., of Virginia, to be Rear Adm. James A. Winnefeld, Jr., 0000 a time limit of 3 hours for debate on an Assistant Secretary of Commerce. The following named officer for appoint- the nomination, 2 hours equally di- DEPARTMENT OF TRANSPORTATION ment as the Chairman of the Joint Chiefs of Staff and appointment to the grade indicated vided between the chairman and rank- Thomas J. Barrett, of Alaska, to be Deputy while assigned to a position of importance ing member, 1 hour under the control Secretary of Transportation. and responsibility under title 10, U.S.C., sec- of Senator SANDERS; that at the con- Paul R. Brubaker, of Virginia, to be Ad- tions 152 and 601: ministrator of the Research and Innovative clusion or yielding back of the time, To be admiral the Senate vote on confirmation of the Technology Administration, Department of Transportation. Adm. Michael G. Mullen, 0000 nomination, the motion to reconsider IN THE MARINE CORPS be laid on the table, the President be IN THE AIR FORCE The following named officer for appoint- The following named officer for appoint- immediately notified of the Senate’s ment as the Vice Chairman of the Joint action, and the Senate return to legis- ment in the United States Air Force to the grade indicated while assigned to a position Chiefs of Staff and appointment to the grade lative session. of importance and responsibility under title indicated while assigned to a position of im- The PRESIDING OFFICER. Without 10, U.S.C., section 601: portance and responsibility under title 10, U.S.C., sections 601 and 154: objection, it is so ordered. To be lieutenant general To be general f Lt. Gen. David A. Deptula, 0000 Gen. James E. Cartwright, 0000 The following named officer for appoint- EXECUTIVE SESSION NOMINATIONS PLACED ON THE SECRETARY’S ment in the United States Air Force to the DESK f grade indicated while assigned to a position IN THE AIR FORCE EXECUTIVE CALENDER AND of importance and responsibility under title 10, U.S.C., section 601: PN793 AIR FORCE nomination of Damion NOMINATIONS DISCHARGED T. Gottlieb, which was received by the Sen- To be general ate and appeared in the Congressional Mr. REID. Mr. President, I ask unan- Lt. Gen. Claude R. Kehler, 0000 imous consent that the Senate proceed Record of July 25, 2007. IN THE ARMY PN794 AIR FORCE nomination of Francis to executive session to consider Execu- The following named officer for appoint- E. Lowe, which was received by the Senate tive Calendar Nos. 245, 246, 247, 248, 249, and appeared in the Congressional Record of ment in the United States Army to the grade 256, 273, 274, 276, 277, 279 through 290, July 25, 2007. indicated while assigned to a position of im- PN795 AIR FORCE nominations (25) begin- and all nominations placed on the Sec- portance and responsibility under title 10, retary’s desk; further that the HELP ning LISTA M. BENSON, and ending KAREN U.S.C., section 601: L. WEIS, which nominations were received Committee be discharged from the fol- To be lieutenant general by the Senate and appeared in the Congres- lowing nominations: PN659, David W. Maj. Gen. Kenneth W. Hunzeker, 0000 sional Record of July 25, 2007. James to be an Assistant Secretary of P796 AIR FORCE nominations (17) begin- The following named officer for appoint- ning KEVIN C. BLAKLEY, and ending ROB- Labor; and PN485, Bradford Campbell ment in the United States Army to the grade ERT A. TETLA, which nominations were re- to be an Assistant Secretary of Labor; indicated while assigned to a position of im- that the Foreign Relations Committee ceived by the Senate and appeared in the portance and responsibility under title 10, Congressional Record of July 25, 2007. be discharged from further consider- U.S.C., section 601: PN797 AIR FORCE nominations (556) begin- ation of PN641, Mark Green to be Am- To be lieutenant general ning ROBERT K. ABERNATHY, and ending bassador to Tanzania; that the nomina- Lt. Gen. James D. Thurman, 0000 ANTHONY J. ZUCCO, which nominations tions be confirmed, the motions to re- The following named officer for appoint- were received by the Senate and appeared in consider be laid on the table, that any ment in the United States Army to the grade the Congressional Record of July 25, 2007. PN800 AIR FORCE nominations (36) begin- statements thereon be printed in the indicated while assigned to a position of im- ning MARY ANN BEHAN, and ending PAUL portance and responsibility under title 10, RECORD, the President be immediately A. WILLINGHAM, which nominations were notified of the Senate’s action, and the U.S.C., section 601: received by the Senate and appeared in the Senate then return to legislative ses- To be lieutenant general Congressional Record of July 25, 2007. sion. Lt. Gen. James J. Lovelace, 0000 IN THE ARMY The PRESIDING OFFICER. Without The following named officer for appoint- PN801 ARMY nominations (53) beginning objection, it is so ordered. ment in the United States Army to the grade DAWUD A. AGBERE, and ending EDWARD

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10978 CONGRESSIONAL RECORD — SENATE August 3, 2007 J. YURUS, which nominations were received to the consideration of S. Con. Res. 43, The PRESIDING OFFICER. The by the Senate and appeared in the Congres- the adjournment resolution. clerk will report. sional Record of July 25, 2007. The PRESIDING OFFICER. The The assistant legislative clerk read PN802 ARMY nominations (2) beginning clerk will report the concurrent resolu- as follows: BLAKE C. ORTNER, and ending ANDREW S. A bill (H.R. 3006) to improve the use of a ZELLER, which nominations were received tion by title. grant of a parcel of land to the State of by the Senate and appeared in the Congres- The legislative clerk read as follows: Idaho for use as an agricultural college, and sional Record of July 25, 2007. A concurrent resolution (S. Con. Res. 43) for other purposes. PN803 ARMY nominations (2) beginning providing for a conditional adjournment or JULIE A. BENTZ, and ending THOMAS L. recess of the Senate and a conditional ad- There being no objection, the Senate TURPIN JR., which nominations were re- journment of the House of Representatives. proceeded to consider the bill. ceived by the Senate and appeared in the There being no objection, the Senate Mr. REID. Mr. President, I ask unan- Congressional Record of July 25, 2007. proceeded to consider the resolution. imous consent that the bill be read the PN804 ARMY nominations (5) beginning Mr. REID. Mr. President, I ask unan- third time, passed, the motion to re- LARRY L. GUYTON, and ending LINDA M. imous consent that the concurrent res- consider laid on the table, and that any WILLIAMS, which nominations were re- statements thereon be printed in the ceived by the Senate and appeared in the olution be agreed to and the motion to RECORD. Congressional Record of July 25, 2007. reconsider be laid on the table. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without IN THE COAST GUARD objection, it is so ordered. PN781 COAST GUARD nomination of Kris- objection, it is so ordered. The concurrent resolution (S. Con. The bill (H.R. 3006) was read the third tine B. Neeley, which was received by the time, and passed. Senate and appeared in the Congressional Res. 43) was agreed to, as follows: Record of July 25, 2007. S. CON. RES. 43 f IN THE NAVY Resolved by the Senate (the House of Rep- THE CALENDAR PN805 NAVY nominations (14) beginning resentatives concurring), That when the Sen- Mr. REID. Mr. President, I ask unan- JOSE A. ACOSTA, and ending LAWRENCE ate recesses or adjourns on any day from Fri- imous consent that it be in order for A. RAMIREZ, which nominations were re- day, August 3, 2007, through Friday, August 31, 2007, on a motion offered pursuant to this the Senate to proceed, en bloc, to the ceived by the Senate and appeared in the consideration of the following calendar Congressional Record of July 25, 2007. concurrent resolution by its Majority Leader PN806 NAVY nominations (20) beginning or his designee, it stand recessed or ad- items: Calendar Nos. 299, 301, 302, 303, DOUGLAS P. BARBER JR., and ending journed until 12 noon on Tuesday, September 304, 305, 306, 307, 308, 309, 310, 311, 312, THOMAS J. WELSH, which nominations 4, 2007, or such other time on that day as 313, 314, 315, and H.R. 2309, which is at were received by the Senate and appeared in may be specified by its Majority Leader or the desk. the Congressional Record of July 25, 2007. his designee in the motion to recess or ad- The PRESIDING OFFICER. Without PN807 NAVY nominations (10) beginning journ, or until the time of any reassembly objection, it is so ordered. SUSAN D. CHACON, and ending SEUNG C. pursuant to section 2 of this concurrent reso- There being no objection, the Senate YANG, which nominations were received by lution, whichever occurs first; and that when proceeded to consider the bills en bloc. the Senate and appeared in the Congres- the House adjourns on any legislative day Mr. REID. Mr. President, I ask unan- sional Record of July 25, 2007. from Friday, August 3, 2007, through Wednes- imous consent that the bills be read day, August 8, 2007, on a motion offered pur- PN808 NAVY nominations (56) beginning the third time and passed en bloc; that ENEIN Y. H. ABOUL, and ending KIM- suant to this concurrent resolution by its BERLY A. ZUZELSKI, which nominations Majority Leader or his designee, it stand ad- the motions to reconsider be laid on were received by the Senate and appeared in journed until 2 p.m. on Tuesday, September the table en bloc; that the consider- the Congressional Record of July 25, 2007. 4, 2007, or until the time of any reassembly ation of these items appear separately DEPARTMENT OF LABOR pursuant to section 2 of this concurrent reso- in the Record; and that any statements lution, whichever occurs first. David W. James, of Missouri, to be an As- relating thereto be printed in the SEC. 2. The Majority Leader of the Senate sistant Secretary of Labor. RECORD. and the Speaker of the House, or their re- Bradford P. Campbell, of Virginia, to be an The PRESIDING OFFICER. Without spective designees, acting jointly after con- Assistant Secretary of Labor. objection, it is so ordered. sultation with the Minority Leader of the DEPARTMENT OF STATE Senate and the Minority Leader of the f Mark Green, of Wisconsin, to be Ambas- House, shall notify the Members of the Sen- PRIVATE FIRST CLASS SHANE R. sador Extraordinary and Plenipotentiary of ate and House, respectively, to reassemble at AUSTIN POST OFFICE the United States of America to the United such place and time as they may designate Republic of Tanzania if, in their opinion, the public interest shall The bill (S. 1772) to designate the fa- f warrant it. cility of the United States Postal Serv- f ice located at 127 South Elm Street in LEGISLATIVE SESSION Gardner, Kansas, as the ‘‘Private First The PRESIDING OFFICER. The Sen- MEASURE PLACED ON THE Class Shane R. Austin Post office,’’ was ate will now return to legislative ses- CALENDAR—S. 1974 considered, ordered to be engrossed for sion. Mr. REID. Mr. President, it is my un- a third reading, read the third time, f derstanding that S. 1974 is at the desk and passed; as follows: and due for a second reading. S. 1772 ORDER FOR STATUS OF NOMINA- The PRESIDING OFFICER. The Be it enacted by the Senate and House of Rep- TIONS TO REMAIN IN STATUS clerk will report the bill by title for a resentatives of the United States of America in QUO second time. Congress assembled, Mr. REID. Mr. President, as if in ex- The legislative clerk read as follows: SECTION 1. PRIVATE FIRST CLASS SHANE R. AUS- TIN POST OFFICE. ecutive session, I ask unanimous con- A bill (S. 1974) to make technical correc- (a) DESIGNATION.—The facility of the sent that the provisions of rule XXXI, tions related to the Pension Protection Act United States Postal Service located at 127 section 5 notwithstanding, all nomina- of 2006. South Elm Street in Gardner, Kansas, shall tions remain in status quo except the Mr. REID. Mr. President, I object to be known and designated as the ‘‘Private following: Reed Verne Hillman, of Mas- any further proceedings. First Class Shane R. Austin Post Office’’. sachusetts, to be United States Mar- The PRESIDING OFFICER. Objec- (b) REFERENCES.—Any reference in a law, shal for the District of Massachusetts tion is heard. map, regulation, document, paper, or other record of the United States to the facility re- for the term of 4 years. The bill will be placed on the cal- ferred to in subsection (a) shall be deemed to The PRESIDING OFFICER. Without endar. be a reference to the ‘‘Private First Class objection, it is so ordered. f Shane R. Austin Post Office’’. f IMPROVING THE USE OF LAND TO f PROVIDING FOR CONDITIONAL AD- THE STATE OF IDAHO FOR USE OFFICER JEREMY TODD CHARRON JOURNMENT OR RECESS OF THE AS AN AGRICULTURAL COLLEGE POST OFFICE HOUSE AND SENATE Mr. REID. Mr. President, I ask unan- The bill (S. 1896) to designate the fa- Mr. REID. Mr. President, I ask unan- imous consent that the Senate proceed cility of the United States Postal Serv- imous consent that the Senate proceed to the consideration of H.R. 3006. ice located at 11 Central Street in

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10979 Hillsborough, New Hampshire, as the reading, read the third time, and in Fort Collins, Colorado, as the ‘‘Dr. ‘‘Officer Jeremy Todd Charron Post Of- passed. Karl E. Carson Post Office Building,’’ fice,’’ was considered, ordered to be en- f was considered, ordered to a third read- grossed for a third reading, read the ing, read the third time, and passed. third time, and passed; as follows: LEONARD W. HERMAN POST f S. 1896 OFFICE BUCK OWENS POST OFFICE Be it enacted by the Senate and House of Rep- The bill (H.R. 1722) to designate the resentatives of the United States of America in facility of the United States Postal The bill (H.R. 1384) to designate the Congress assembled, Service located at 601 Banyan Trail in facility of the United States Post Serv- SECTION 1. OFFICER JEREMY TODD CHARRON Boca Raton, Florida, as the ‘‘Leonard ice located at 118 Minner Street in Ba- POST OFFICE BUILDING. W. Herman Post Office,’’ was consid- kersfield, California, as the ‘‘Buck (a) DESIGNATION.—The facility of the ered, ordered to a third reading, read Owens Post Office,’’ was considered, or- United States Postal Service located at 11 the third time, and passed. dered to a third reading, read the third Central Street in Hillsborough, New Hamp- time, and passed. shire, shall be known and designated as the f ‘‘Officer Jeremy Todd Charron Post Office’’. f WILLYE B. WHITE POST OFFICE (b) REFERENCES.—Any reference in a law, DOLPH BRISCOE, JR. POST OFFICE map, regulation, document, paper, or other BUILDING BUILDING record of the United States to the facility re- The bill (H.R. 2025) to designate the ferred to in subsection (a) shall be deemed to The bill (H.R. 2688) to designate the facility of the United States Postal be a reference to the ‘‘Officer Jeremy Todd facility of the United States Postal Service 10C 11033 South State Street in Charron Post Office’’. Service located at 103 South Getty Chicago, Illinois, as the ‘‘Willye B. f Street in Uvalde, Texas, as the ‘‘Dolph White Post Office Building,’’ was con- S. Briscoe, Jr. Post Office Building,’’ CLAUDE RAMSEY POST OFFICE sidered, ordered to a third reading, was considered, ordered to a third read- read the third time, and passed. The bill (H.R. 1260) to designate the ing, read the third time, and passed. f facility of the United States Postal f Service located at 6301 Highway 58 in GEORGE B. LEWIS POST OFFICE Harrison, Tennessee, as the ‘‘Claude FRANK G. LUMPKIN, JR. POST BUILDING Ramsey Post Office,’’ was considered, OFFICE BUILDING ordered to a third reading, read the The bill (H.R. 2077) to designate the The bill (H.R. 2309) to designate the third time, and passed. facility of the United States Postal facility of the United States Postal Service located at 20805 State Route 125 f Service located at 3916 Milgen Road in in Blue Creek, Ohio, as the ‘‘George B. Columbus, Georgia, as the ‘‘Frank G. S/SGT LEWIS G. WATKINS POST Lewis Post Office Building,’’ was con- Lumpkin, Jr. Post Office Building,’’ OFFICE BUILDING sidered, ordered to a third reading, was considered, ordered to a third read- The bill (H.R. 1335) to designate the read the third time, and passed. ing, read the third time, and passed. facility of the United States Postal f f Service located at 508 East Main Street STAFF SERGEANT OMER ‘O.T.’ in Seneca, South Carolina, as the ‘‘S/ NATIVE AMERICAN $1 COIN ACT HAWKINS POST OFFICE Sgt Lewis G. Watkins Post Office Mr. REID. Mr. President, I ask unan- Building,’’ was considered, ordered to a The bill (H.R. 2078) to designate the imous consent that the Banking Com- third reading, read the third time, and facility of the United States Postal mittee be discharged from further con- passed. Service located at 14536 State Route 136 sideration of H.R. 2358, and the Senate in Cherry Fork, Ohio, as the ‘‘Staff f proceed to its consideration. Sergeant Omer ‘O.T.’ Hawkins Post Of- The PRESIDING OFFICER. Without STAFF SERGEANT MARVIN ‘REX’ fice,’’ was considered, ordered to a objection, it is so ordered. The clerk YOUNG POST OFFICE BUILDING third reading, read the third time, and will report the bill by title. The bill (H.R. 1425) to designate the passed. The legislative clerk read as follows: facility of the United States Postal f A bill (H.R. 2358) to require the Secretary Service located at 4551 East 52nd Street of the Treasury to mint and issue coins in in Odessa, Texas, as the ‘‘Staff Ser- CLEM ROGERS MCSPADDEN POST commemoration of Native Americans and geant Marvin ‘Rex’ Young Post Office OFFICE BUILDING the important contributions made by Indian The bill (H.R. 2127) to designate the tribes and individual Native Americans to Building,’’ was considered, ordered to a the development of the United States and third reading, read the third time, and facility of the United States Postal the history of the United States, and for passed. Service located at 408 West Street in other purposes. Chelsea, Oklahoma, as the ‘‘Clem Rog- f There being no objection, the Senate ers McSpadden Post Office Building,’’ proceeded to consider the bill. RACHEL CARSON POST OFFICE was considered, ordered to a third read- Mr. REID. Mr. President, I under- BUILDING ing, read the third time, and passed. stand there is an amendment at the The bill (H.R. 1434) to designate the f desk. I ask unanimous consent that the facility of the United States Postal amendment be considered and agreed MAJOR SCOTT NISELY POST Service located at 896 Pittsburgh to; that the bill, as amended, be read OFFICE Street in Springdale, Pennsylvania, as three times, passed, and the motion to the ‘‘Rachel Carson Post Office Build- The bill (H.R. 2563) to designate the reconsider be laid upon the table; and ing,’’ was considered, ordered to a third facility of the United States Postal that any statements relating to the reading, read the third time, and Service located at 309 East Linn Street bill be printed in the RECORD, with no passed. in Marshalltown, Iowa, as the ‘‘Major intervening action or debate. f Scott Nisely Post Office,’’ was consid- The PRESIDING OFFICER. Without ered, ordered to a third reading, read objection, it is so ordered. HARRIETT F. WOODS POST OFFICE the third time, and passed. The amendment (No. 2653) was agreed BUILDING f to, as follows: The bill (H.R. 1617) to designate the (Purpose: To provide a complete substitute) facility of the United States Postal DR. KARL E. CARSON POST OFFICE BUILDING Strike all after the enacting clause and in- Service located at 561 Kingsland Ave- sert the following: nue in University City, Missouri, as the The bill (H.R. 2570) to designate the SECTION 1. SHORT TITLE. Harriett F. Woods Post Office Build- facility of the United States Postal This Act may be cited as the ‘‘Native ing,’’ was considered, ordered to a third Service located at 301 Boardwalk Drive American $1 Coin Act’’.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10980 CONGRESSIONAL RECORD — SENATE August 3, 2007 SEC. 2. NATIVE AMERICAN $1 COIN PROGRAM. ‘‘(iv) in the case of a design depicting the to the consideration of Calendar No. Section 5112 of title 31, United States Code, contribution of an individual Native Amer- 139, S. 163, the Small Business Disaster is amended by adding at the end the fol- ican to the development of the United States Response and Loan Improvement Act lowing: and the history of the United States, shall of 2007; that the committee-reported ‘‘(r) REDESIGN AND ISSUANCE OF CIRCU- not depict the individual in a size such that amendment be withdrawn, and that the LATING $1 COINS HONORING NATIVE AMERICANS the coin could be considered to be a ‘2-head- ed’ coin. substitute amendment that is at the AND THE IMPORTANT CONTRIBUTIONS MADE BY desk be considered; that the Bond and INDIAN TRIBES AND INDIVIDUAL NATIVE AMERI- ‘‘(3) ISSUANCE OF COINS COMMEMORATING 1 Coburn amendments, which are at the CANS IN UNITED STATES HISTORY.— NATIVE AMERICAN EVENT DURING EACH YEAR.— ‘‘(1) REDESIGN BEGINNING IN 2008.— ‘‘(A) IN GENERAL.—Each design for the re- desk, be considered and agreed to, en ‘‘(A) IN GENERAL.—Effective beginning Jan- verse of the $1 coins issued during each year bloc; that the substitute amendment, uary 1, 2008, notwithstanding subsection (d), shall be emblematic of 1 important Native as amended, be agreed to; that the bill, in addition to the coins to be issued pursuant American or Native American contribution as amended, be read a third time and to subsection (n), and in accordance with each year. passed; that the motions to reconsider this subsection, the Secretary shall mint and ‘‘(B) ISSUANCE PERIOD.—Each $1 coin mint- be laid upon the table, en bloc; and issue $1 coins that— ed with a design on the reverse in accordance that any statements relating to the with this subsection for any year shall be ‘‘(i) have as the designs on the obverse the bill be printed in the RECORD, with no so-called ‘Sacagawea design’; and issued during the 1-year period beginning on January 1 of that year and shall be available intervening action or debate. ‘‘(ii) have a design on the reverse selected The PRESIDING OFFICER. Without in accordance with paragraph (2)(A), subject throughout the entire 1-year period. to paragraph (3)(A). ‘‘(C) ORDER OF ISSUANCE OF DESIGNS.—Each objection, it is so ordered. ‘‘(B) DELAYED DATE.—If the date of the en- coin issued under this subsection commemo- The committee-reported amendment actment of the Native American $1 Coin Act rating Native Americans and their contribu- was withdrawn. is after August 25, 2007, subparagraph (A) tions— The amendment (No. 2650) was agreed shall be applied by substituting ‘2009’ for ‘‘(i) shall be issued, to the maximum ex- to. ‘2008’. tent practicable, in the chronological order (The amendment is printed in today’s ‘‘(2) DESIGN REQUIREMENTS.—The $1 coins in which the Native Americans lived or the RECORD under ‘‘Text of Amendments.’’) issued in accordance with paragraph (1) shall events occurred, until the termination of the The amendments (Nos. 2651 and 2652) meet the following design requirements: coin program described in subsection (n); and were agreed to, as follows: ‘‘(ii) thereafter shall be issued in any order ‘‘(A) COIN REVERSE.—The design on the re- AMENDMENT NO. 2651 TO AMENDMENT NO. 2650 verse shall bear— determined to be appropriate by the Sec- retary, after consultation with the Com- (Purpose: To strike the title relating to ‘‘(i) images celebrating the important con- energy emergencies) tributions made by Indian tribes and indi- mittee on Indian Affairs of the Senate, the On page 50, strike line 15 and all that fol- vidual Native Americans to the development Congressional Native American Caucus of lows through page 60, line 3. of the United States and the history of the the House of Representatives, and the Na- United States; tional Congress of American Indians. AMENDMENT NO. 2652 TO AMENDMENT NO. 2650 ‘‘(ii) the inscription ‘$1’ ; and ‘‘(4) ISSUANCE OF NUMISMATIC COINS.—The (Purpose: To require appropriate reporting ‘‘(iii) the inscription ‘United States of Secretary may mint and issue such number regarding the number of full-time employ- America’. of $1 coins of each design selected under this ees for either the Office of Disaster Assist- ‘‘(B) COIN OBVERSE.—The design on the ob- subsection in uncirculated and proof quali- ance or the Disaster Cadre of the Small verse shall— ties as the Secretary determines to be appro- Business Administration, to provide appro- ‘‘(i) be chosen by the Secretary, after con- priate. priate assistance in the event of a cata- sultation with the Commission of Fine Arts ‘‘(5) QUANTITY.—The number of $1 coins strophic national disaster, and for other and review by the Citizens Coinage Advisory minted and issued in a year with the purposes) Committee; and Sacagawea-design on the obverse shall be not On page 24, line 2, strike ‘‘shall’’ and insert ‘‘(ii) contain the so-called ‘Sacagawea de- less than 20 percent of the total number of $1 ‘‘may’’. sign’ and the inscription ‘Liberty’. coins minted and issued in such year.’’. On page 24, strike line 9, and all that fol- ‘‘(C) EDGE-INCUSED INSCRIPTIONS.— SEC. 3. TECHNICAL AND CONFORMING AMEND- lows through page 28, line 5, and insert the ‘‘(i) IN GENERAL.—The inscription of the MENTS. following: year of minting and issuance of the coin and Section 5112(n)(1) of title 31, United States ‘‘(B) REPORT.—In carrying out this sub- the inscriptions ‘E Pluribus Unum’ and ‘In Code, is amended— section, if the number of full-time employees God We Trust’ shall be edge-incused into the (1) by striking the paragraph designation for either the Office of Disaster Assistance or coin. and heading and all that follows through the Disaster Cadre of the Administration is ‘‘(ii) PRESERVATION OF DISTINCTIVE EDGE.— ‘‘Notwithstanding subsection (d)’’ and insert- below the level described in subparagraph The edge-incusing of the inscriptions under ing the following: (A) for that office, not later than 21 days clause (i) on coins issued under this sub- ‘‘(1) REDESIGN BEGINNING IN 2007.—Notwith- after the date on which that staffing level section shall be done in a manner that pre- standing subsection (d)’’; decreased below the level described in sub- serves the distinctive edge of the coin so (2) by striking subparagraph (B); and paragraph (A), the Administrator shall sub- that the denomination of the coin is readily (3) by redesignating clauses (i) and (ii) as mit to the Committee on Appropriations and discernible, including by individuals who are subparagraphs (A) and (B), respectively, and the Committee on Small Business and Entre- blind or visually impaired. indenting the subparagraphs appropriately. preneurship of the Senate and the Com- ‘‘(D) REVERSE DESIGN SELECTION.—The de- SEC. 4. REMOVAL OF BARRIERS TO CIRCULATION mittee on Appropriations and Committee on signs selected for the reverse of the coins de- OF $1 COIN. Small Business of the House of Representa- scribed under this subsection— (a) IN GENERAL.—In order to remove bar- tives, a report— ‘‘(i) shall be chosen by the Secretary after riers to circulation, the Secretary of the ‘‘(i) detailing staffing levels on that date; consultation with the Committee on Indian Treasury shall carry out an aggressive, cost- ‘‘(ii) requesting, if practicable and deter- Affairs of the Senate, the Congressional Na- effective, continuing campaign to encourage mined appropriate by the Administrator, ad- tive American Caucus of the House of Rep- commercial enterprises to accept and dis- ditional funds for additional employees; and resentatives, the Commission of Fine Arts, pense $1 coins that have as designs on the ob- ‘‘(iii) containing such additional informa- and the National Congress of American Indi- verse the so-called ‘‘Sacagawea design’’. tion, as determined appropriate by the Ad- ans; (b) REPORT.—The Secretary of the Treas- ministrator.’’. ‘‘(ii) shall be reviewed by the Citizens ury shall submit to Congress an annual re- TITLE II—DISASTER LENDING Coinage Advisory Committee; port on the success of the efforts described in subsection (a). SEC. 201. CATASTROPHIC NATIONAL DISASTER ‘‘(iii) may depict individuals and events DECLARATION. such as— The amendment was ordered to be Section 7(b) of the Small Business Act (15 ‘‘(I) the creation of Cherokee written lan- engrossed, and the bill to be read a U.S.C. 636(b)) is amended by inserting imme- guage; third time. diately after paragraph (10), as added by this ‘‘(II) the Iroquois Confederacy; The bill (H.R. 2358) was read the third Act, the following: ‘‘(III) Wampanoag Chief Massasoit; time and passed. ‘‘(11) CATASTROPHIC NATIONAL DISASTERS.— ‘‘(IV) the ‘Pueblo Revolt’; ‘‘(A) IN GENERAL.—The President may ‘‘(V) Olympian Jim Thorpe; f make a catastrophic national disaster dec- ‘‘(VI) Ely S. Parker, a general on the staff SMALL BUSINESS DISASTER RE- laration in accordance with this paragraph. of General Ulysses S. Grant and later head of SPONSE AND LOAN IMPROVE- ‘‘(B) PROMULGATION OF RULES.— the Bureau of Indian Affairs; and MENT ACT OF 2007 ‘‘(i) IN GENERAL.—Not later than 6 months ‘‘(VII) code talkers who served the United after the date of enactment of this para- States Armed Forces during World War I and Mr. REID. Mr. President, I ask unan- graph, the Administrator, with the concur- World War II; and imous consent that the Senate proceed rence of the Secretary of Homeland Security

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10981 and the Administrator of the Federal Emer- to produce a comprehensive package to antee against loss for small business gency Management Agency, shall promul- reform the SBA’s Disaster Assistance contracts up to $5 million and allows gate regulations establishing a threshold for program. Nearly 2 years of bipartisan the administrator to increase that a catastrophic national disaster declaration. negotiations have produced a piece of level to $10 million, if required. ‘‘(ii) CONSIDERATIONS.—In promulgating the regulations required under clause (i), the legislation that has broad bipartisan The bill also provides for small busi- Administrator shall establish a threshold support as well as the support of the ness development centers to offer busi- that— administration. Today that legislation ness counseling in disaster areas and to ‘‘(I) is similar in size and scope to the will pass the Senate, and is one step travel beyond traditional geographic events relating to the terrorist attacks of closer to authorizing the tools needed boundaries to provide services during September 11, 2001, and Hurricane Katrina of by the SBA to respond to large scale declared disasters. To encourage small 2005; disasters. business development centers located ‘‘(II) requires that the President declares a This bill includes directives for the in disaster areas to keep their doors major disaster before making a catastrophic SBA to create a private disaster loan national disaster declaration under this open, the maximum grant amount of paragraph; program, to allow for lenders to issue $100,000 is waived. ‘‘(III) requires consideration of— guaranteed disaster loans in the after- So that Congress may remain better ‘‘(aa) the dollar amount per capita of dam- math of a catastrophic disaster. To en- aware of the status of the administra- age to the State, its political subdivisions, or sure that these loans are borrower- tion’s Disaster Loan Program, this bill a region; friendly, we provide authorization for directs the administration to report to ‘‘(bb) the number of small business con- appropriations so that the agency can cerns damaged, physically or economically, the Committee on Small Business and subsidize the interest rates. In addi- Entrepreneurship of the Senate and to as a direct result of the event; tion, the administrator is authorized to ‘‘(cc) the number of individuals and house- the Committee on Small Business of holds displaced from their predisaster resi- enter into agreements with private the House of Representatives regularly dences by the event; contractors in order to expedite loan on the fiscal status of the disaster loan ‘‘(dd) the severity of the impact on employ- application processing for direct dis- program as well as the need for supple- ment rates in the State, its political subdivi- aster loans. mental funding. The administration is sions, or a region; The bill also includes language di- also directed to report on the number ‘‘(ee) the anticipated length and difficulty recting SBA to create an expedited dis- of Federal contracts awarded to small of the recovery process; aster assistance loan program to pro- businesses, minority-owned small busi- ‘‘(ff) whether the events leading to the rel- vide businesses with short-term loans evant major disaster declaration are of an nesses, women-owned businesses, and so that they may keep their doors open unusually large and calamitous nature that local businesses during a disaster dec- until they receive alternative forms of is orders of magnitude larger than for an av- laration. assistance. The days immediately fol- erage major disaster; and Though it took many, many months ‘‘(gg) any other factor determined relevant lowing a disaster are crucial for busi- by the Administrator. ness owners—statistics show that once to pass this much-needed legislation, I ‘‘(C) AUTHORIZATION.—If the President they close their doors, they likely will am confident that our extensive nego- makes a catastrophic national disaster dec- not open them again. These short-term tiations have produced a piece of legis- laration under this paragraph, the Adminis- will be available following a disaster of lation that, when enacted, will provide trator may make such loans under this para- catastrophic proportions so that proc- the tools that the administrator re- graph (either directly or in cooperation with quires to swiftly and effectively re- banks or other lending institutions through essing delays such as the ones experi- enced after the 2005 gulf coast storms spond to future disasters, both large agreements to participate on an immediate and small. I thank Ranking Member or deferred basis) as the Administrator de- will not result in widespread business termines appropriate to small business con- failure. SNOWE as well as Senators LANDRIEU, cerns located anywhere in the United States A presidential declaration of cata- and VITTER for their extraordinary ef- that are economically adversely impacted as strophic national disaster will allow forts over the past 2 years. I also thank a result of that catastrophic national dis- the Administrator to offer economic Senators BOND and COBURN for their aster. injury disaster loans to adversely af- ability to see the need for this impor- ‘‘(D) LOAN TERMS.—A loan under this para- fected business owners beyond the geo- tant legislation and to work through graph shall be made on the same terms as a disagreements in order to get this bill loan under paragraph (2).’’. graphic reach of the disaster area. In On page 28, strike lines 15 through 18 and the event of a large-scale disaster, passed. I look forward to working with insert the following: businesses located far from the phys- the House of Representatives to ad- ‘‘(A) the term ‘disaster area’ means any ical reach of the disaster can be af- dress any differences that remain be- area for which the President declared a fected by the magnitude of a localized tween the House and Senate versions of major disaster (as that term is defined in destruction. We saw this when the ter- the bill so that we can put in place a section 102 of the Robert T. Stafford Disaster rorist attacks of September 11, 2001 af- more comprehensive disaster response Relief and Emergency Assistance Act (42 fected businesses from coast to coast, program at the SBA as quickly as pos- U.S.C. 5122)) that subsequently results in the sible. President making a catastrophic national and we saw it again with the 2005 gulf disaster declaration under subsection (b)(11); coast hurricanes. Should another cata- Ms. LANDRIEU. Mr. President, as we On page 34, lines 8 and 9, strike ‘‘a disaster strophic disaster strike, the President all know, there was a tremendous declaration is made’’ and inserting ‘‘the should have the authority to provide amount of criticism of the Federal President makes a catastrophic disaster dec- businesses across the country with ac- Government’s response to Hurricanes laration under paragraph (11) of section 7(b) cess to the same low-interest economic Katrina and Rita of 2005. Things are of the Small Business Act (15 U.S.C. 636(b)), better now, and the region is slowly re- as added by this Act,’’ injury loans available to businesses On page 34, lines 20 and 21, strike ‘‘under within the declared disaster area. covering. But as I stand here tonight, section 7(b) of the Small Business Act (15 Nonprofit entities working to provide we are exactly 63 days into the 2007 At- U.S.C. 636(b))’’ and insert ‘‘under paragraph services to victims should be rewarded lantic hurricane season. Two years ago, (11) of section 7(b) of the Small Business Act and given access to the capital they re- the U.S. Small Business Administra- (15 U.S.C. 636(b)), as added by this Act’’. quire to continue their services. To tion’s, SBA, response to Hurricanes Mr. KERRY. Mr. President, this this end, the administrator is author- Katrina and Rita was too slow and month marks the 2-year anniversary of ized to make disaster loans to non- lacking in urgency, threatening the Hurricane Katrina, and still thousands profit entities, including religious or- very survival of impacted businesses of small business owners in New Orle- ganizations. and homeowners. This failure occurred ans and across the gulf coast are still Construction and rebuilding con- because SBA lacked the necessary struggling to keep their doors open, tracts being awarded are likely to be tools and resources to respond swiftly keep their employees working, and get larger than the current $2 million and effectively to a large-scale dis- the economy back on its feet. threshold currently applied to the SBA aster. Thanks in part to the efforts of Since the days immediately fol- Surety Bond Program, which helps Administrator Steven Preston, much lowing the storm, I have worked with small construction firms gain access to has been done to improve the SBA dis- Senators SNOWE, LANDRIEU, and VITTER contracts. This bill increases the guar- aster assistance program in the past

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10982 CONGRESSIONAL RECORD — SENATE August 3, 2007 year. However, many in Congress re- those from Senators KERRY and SNOWE, disasters to get expedited loans out the main concerned that despite these ef- respectively chair and ranking member door to specific businesses that have a forts, the agency lacks the additional of the Senate Small Business Com- positive record with SBA or those who legislative authority and resources re- mittee. For my part, I have heard loud- could serve a vital role in the recovery quired to respond to a large-scale dis- ly and clearly from our impacted busi- efforts. Expedited loans would jump- aster. This is because we must be sure nesses that SBA reforms should be im- start impacted economies, get vital that if we have another disaster, the plemented as soon as possible. In fact, capital out to businesses, and retain es- Federal Government’s response will be as of August 29, 2007, these reforms will sential jobs following future disasters. better this time around. Disaster re- be 2 years overdue. That is why I have This bill also makes an important sponse agencies have to be better orga- worked tirelessly alongside my col- modification to the collateral require- nized, more efficient, and more respon- leagues on the Small Business Com- ments for disaster loans. The SBA can- sive in order to avoid the problems, the mittee to secure passage of this legisla- not disburse more than $10,000 for an delays, mismanagement, and the seem- tion. Like my colleagues, I have led approved loan without showing collat- ing incompetence that occurred in 2005. when appropriate, pushed back when eral. This is to limit the loss to the I am proud that legislation, of which pushed, and negotiated when needed so SBA in the event that a loan defaults. I am an original cosponsor, is passing that S. 163 could pass the Senate before However, this disbursement amount the Senate tonight. This is because I we adjourn for August recess. has not been increased since 1998 and strongly believe that we cannot afford This legislation offers new tools to these days, $10,000 is not enough to get to adjourn for August, the heart of hur- enhance SBA’s disaster assistance pro- a business up and running. That is why ricane season, without moving this im- grams. In every disaster, the SBA dis- this bill increases this collateral re- portant legislation forward—legisla- aster loan program is a lifeline for quirement to $14,000 and gives the ad- tion which would immediately provide businesses and homeowners who want ministrator the ability to increase that SBA with the resources it needs to ef- to rebuild their lives after a catas- amount, in the event of another large- fectively respond to natural or man- trophe. When Katrina hit, our busi- scale disaster. I believe this is a rea- made disasters. In particular, this leg- nesses and homeowners had to wait sonable and fiscally responsible in- islation improves the disaster response months for loan approvals. I do not crease, and at the same time gives the of one agency that had a great deal of know how many businesses we lost be- administrator flexibility for future dis- problems last year, the SBA. This bill, cause help did not come in time. Be- asters which will inevitably occur. S. 163, the Small Business Disaster Re- cause of the scale of this disaster, what As you may know, I pushed to get sponse and Loan Improvements Act, these businesses needed was imme- language in the last hurricane supple- makes major improvements to the diate, short-term assistance to hold mental appropriations bill in June 2006 SBA’s disaster response and provides them over until SBA was ready to to require SBA to develop a disaster them with essential tools to ensure process the tens of thousands of loan plan and report to Congress on its con- that they are more efficient and better applications it received. tents by July 15, 2006. SBA provided prepared for future disasters—big and That is why this legislation provides this status report in July, and I am small. the SBA Administrator with the abil- pleased that, due to my request, the I should also note that this bill is a ity to set up an expedited disaster as- agency provided the completed disaster result of intensive bipartisan work sistance business loan program to response plan to our committee on over 2 years and was introduced short- make short-term, low-interest loans to June 1, 2007. That said, it is one thing ly before the 109th Congress adjourned keep them afloat. These loans will to draft up a plan but it is not worth as S. 4097 by Senator SNOWE. Unfortu- allow businesses to make payroll, begin the time and effort if there is no one to nately, there was no action on that making repairs, and address other im- monitor its implementation and update bill, so it was reintroduced in January mediate needs while they are awaiting it when needed. For this reason, I in- 2007, at the start of the 110th Congress, insurance payouts or regular SBA dis- cluded a provision in this bill to re- by Senator KERRY as S. 163. On May 7, aster loans. However, I realize that quire the administrator to designate 2007, the Committee on Small Business every disaster is different and could one agency employee, who would re- and Entrepreneurship unanimously re- range from a disaster on the scale of port directly to him/her, to be respon- ported out S. 163 and sent it to the full Hurricane Katrina or 9/11, to an ice sible for this plan. This disaster plan- Senate for consideration. This bipar- storm or drought. This legislation ning designee would be responsible for tisan legislation features comprehen- gives the SBA additional options and the plan, and more importantly, would sive SBA reforms as outlined in the at- flexibility in the kinds of relief they be accountable to Congress if it fails. tached summary. S. 163 also has the can offer a community. When a tornado Following Hurricanes Katrina and full support of the SBA, who assisted destroys 20 businesses in a small town Rita, not only is execution important the committee in drafting many of the in the Midwest, SBA can get the reg- but also just as important is clear ac- provisions as well as the support of our ular disaster program up and running countability if these best laid plans Louisiana business community. As fairly quickly. You may not need fail. mentioned above, although this bill short-term loans in this instance. But The Small Business Disaster Re- was reported out of committee 86 days if you know that SBA’s resources sponse and Loan Improvements Act ago, S. 163 was blocked from passage, would be overwhelmed by a storm—just will provide essential tools to make most recently on July 17 due to a Re- as they were initially with Katrina— the SBA more proactive, flexible, and publican objection. The committee these expedited business loans would be most important, more efficient during worked closely with the Republican very helpful. future disasters. Again, I look forward Senator to address his specific con- This legislation also would direct to working with both Senator SNOWE cerns, but unfortunately after this hold SBA to study ways to expedite disaster and Senator KERRY in the coming was lifted last night, it appeared as if loans for those businesses in a disaster weeks to begin discussions with our there would be an additional hold from area that have a good, solid track House colleagues to resolve differences the Republican side. Given the urgent record with the SBA or can provide on both the Senate-passed bill and the nature of this legislation, in addition vital recovery efforts. We had many House-passed bill. The goal of both to the fact that the House of Rep- businesses in the gulf coast that had these bills is to ensure that the SBA resentatives passed companion legisla- paid off previous SBA loans, were has everything it needs to better re- tion on April 18, 2007, my colleagues major sources of employment in their spond following future disasters, so I and I were pleased that we could work communities, but had to wait months am hopeful that we can work out a rea- out these remaining issues and pass for decisions on their SBA disaster sonable agreement. this bill tonight because stalling this loan applications. I do not want to get I ask unanimous consent that a copy legislation would send the wrong signal rid of the SBA’s current practice of re- of a June 29, 2007, letter of support to America’s small businesses. viewing applications on a first-come from Administrator Preston, along As mentioned previously, this bill is first-served basis, but there should be with a July 31, 2007, letter from Greater reflective of my priorities as well as some mechanism in place for major New Orleans, Inc. be printed in the

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10983 RECORD at the conclusion of my state- periencing significant physical and economic that has a charter or authority that includes ment. damages. As these businesses fight to restore the economic development of a county or a There being no objection, the mate- operations, hire adequate staff, find afford- part of a county for which a distressed coun- rial was ordered to be printed in the able insurance, and meet payroll, it seems ty designation is in effect under section appropriate to have their trials and tribu- 14526, 75 percent of administrative expenses; RECORD, as follows: lations be cause for new federal policies. or SMALL BUSINESS ADMINISTRATION, By many accounts and measures the SBA ‘‘(III) at the discretion of the Commission, Washington, DC, June 29, 2007. capacity, resources, process and policies fol- if the grant is to a local development district Hon. JOHN F. KERRY, lowing Hurricane Katrina were inadequate to that has a charter or authority that includes Chairman, Committee on Small Business and meet the needs of the devastated business the economic development of a county or a Entrepreneurship, U.S. Senate, Washington, community. However, rather than complain part of a county for which an at-risk county DC. about the past, it would be more productive designation is in effect under section 14526, DEAR MR. CHAIRMAN: I am writing to ex- to make every effort to improve the SBA dis- 70 percent of administrative expenses;’’; and press my thanks for the efforts you and your aster program and protocols, changes requir- (2) in paragraph (2), by striking subpara- colleagues have made to work with the U.S. ing aggressive congressional action. It ap- graph (A) and inserting the following: Small Business Administration and to ad- pears that S. 163 is a significant step in that ‘‘(A) IN GENERAL.—Except as provided in dress the Administration’s concerns with direction. subparagraph (B), of the cost of any project some of the provisions in S. 163, ‘‘The Small We applaud your leadership of this issue, eligible for financial assistance under this Business Disaster Response and Loan Im- and that of our Louisiana Senators Landrieu section, not more than— provements Act of 2007’’. and Vitter, in forwarding this important leg- ‘‘(i) 50 percent may be provided from At this point, if amended by the Bond islation to step up federal efforts and capac- amounts made available to carry out this Amendment, the Administration has no ob- ity in future storms to protect our nation’s subtitle; jections to Senate passage of S. 163. How- assets and citizens who may be impacted in ‘‘(ii) in the case of a project to be carried ever, the Administration would request a the coming months and years. As we ap- out in a county for which a distressed county longer extension of the authorization lan- proach the peak of the 2007 hurricane season, designation is in effect under section 14526, guage in Section 3 to avoid the need for con- we urge the full Senate to expedite this leg- 80 percent may be provided from amounts cern over unintended expiration of programs islation in order to pass these vital SBA re- made available to carry out this subtitle; or and activities. We would also recommend forms. ‘‘(iii) in the case of a project to be carried clarifying that the Administrator would Thank you for your consideration. out in a county for which an at-risk county have flexibility under Section 205 to des- Sincerely, designation is in effect under section 14526, ignate portions of a declared catastrophic MARK C. DRENNEN, 70 percent may be provided from amounts national disaster area as a HUBZone area, President & CEO. made available to carry out this subtitle.’’. without extending this designation to an en- (b) DEMONSTRATION HEALTH PROJECTS.— tire disaster area. The bill (S. 163), as amended, was or- Section 14502 of title 40, United States Code, We look forward to working with you when dered to be engrossed for a third read- is amended— the bill goes into conference discussions with ing, was read the third time, and (1) in subsection (d), by striking paragraph the U.S. House of Representatives. If you passed. (2) and inserting the following: have any questions or comments, please con- (The bill will be printed in a future ‘‘(2) LIMITATION ON AVAILABLE AMOUNTS.— tact me directly. edition of the RECORD.) Grants under this section for the operation Sincerely yours, (including initial operating amounts and op- f STEVEN C. PRESTON, erating deficits, which include the cost of at- Administrator. APPALACHIAN REGIONAL DEVEL- tracting, training, and retaining qualified OPMENT ACT AMENDMENTS OF personnel) of a demonstration health project, GREATER NEW ORLEANS, INC., 2007 whether or not constructed with amounts New Orleans, LA, July 31, 2007. authorized to be appropriated by this sec- Hon. JOHN KERRY, Mr. REID. Mr. President, I ask unan- tion, may be provided for up to— Chairman, Senate Committee on Small Business imous consent that the Senate proceed ‘‘(A) 50 percent of the cost of that oper- and Entrepreneurship, Russell Senate Office to the immediate consideration of Cal- ation; Building, Washington, DC. endar No. 136, S. 496. ‘‘(B) in the case of a project to be carried Hon. OLYMPIA SNOWE, The PRESIDING OFFICER. The out in a county for which a distressed county designation is in effect under section 14526, Ranking Member, Senate Committee on Small clerk will report the bill by title. Business and Entrepreneurship, Russell 80 percent of the cost of that operation; or Senate Office Building, Washington, DC. The legislative clerk read as follows: ‘‘(C) in the case of a project to be carried DEAR CHAIRMAN KERRY AND RANKING MEM- A bill (S. 496) to reauthorize and improve out in a county for which an at-risk county BER SNOWE: Greater New Orleans, Inc., the the program authorized by the Appalachian designation is in effect under section 14526, 10-parish economic development organiza- Regional Development Act of 1965. 70 percent of the cost of that operation.’’; tion for the New Orleans, Louisiana region, There being no objection, the Senate and would like to express strong support of S. proceeded to consider the bill, which (2) in subsection (f), by adding at the end 163, The Small Business Disaster Response had been reported from the Committee the following: and Loan Improvements Act of 2007 reported ‘‘(3) AT-RISK COUNTIES.—The maximum unanimously by the Senate Small Business on Environment and Public Works with Commission contribution for a project to be Committee in May of this year, after months amendments, as follows: carried out in a county for which an at-risk of thorough committee deliberations. (The parts of the bill intended to be county designation is in effect under section In our assessment, S. 163 sponsored by Sen- stricken are shown in boldface brack- 14526 may be increased to the lesser of— ator Kerry and co-sponsored by five other ets and the parts of the bill intended to ‘‘(A) 70 percent; or Senators represents significant legislation to be inserted are shown in italic.) ‘‘(B) the maximum Federal contribution improve SBA’s response to future storm percentage authorized by this section.’’. S. 496 events, as part of overall Congressional ef- (c) ASSISTANCE FOR PROPOSED LOW- AND forts to improve the federal government’s Be it enacted by the Senate and House of Rep- MIDDLE-INCOME HOUSING PROJECTS.—Section role, learning from the catastrophic hurri- resentatives of the United States of America in 14503 of title 40, United States Code, is canes of 2004 and 2005. Congress assembled, amended— More specifically, the legislation would SECTION 1. SHORT TITLE. (1) in subsection (d), by striking paragraph provide a new level of SBA response for cata- This Act may be cited as the ‘‘Appalachian (1) and inserting the following: strophic disasters, expedited assistance to Regional Development Act Amendments of ‘‘(1) LIMITATION ON AVAILABLE AMOUNTS.—A small businesses, adjustment of the loan 2007’’. loan under subsection (b) for the cost of guarantee levels and loan caps, a better co- SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; planning and obtaining financing (including ordination process with FEMA, increased re- MAXIMUM COMMISSION CONTRIBU- the cost of preliminary surveys and analyses sponse resources, improved access and over- TION. of market needs, preliminary site engineer- all accountability of SBA services. These (a) GRANTS AND OTHER ASSISTANCE.—Sec- ing and architectural fees, site options, ap- policy changes will go a long way to helping tion 14321(a) of title 40, United States Code, plication and mortgage commitment fees, local communities get back on their feet in is amended— legal fees, and construction loan fees and dis- future federally declared disasters. (1) in paragraph (1)(A), by striking clause counts) of a project described in that sub- Two years after the tragedy of Hurricane (i) and inserting the following: section may be made for up to— Katrina, our region is still struggling to re- ‘‘(i) the amount of the grant shall not ex- ‘‘(A) 50 percent of that cost; store our population, housing stock, ceed— ‘‘(B) in the case of a project to be carried healthcare services, infrastructure, and basic ‘‘(I) 50 percent of administrative expenses; out in a county for which a distressed county economy. 18,000 small businesses in our area ‘‘(II) at the discretion of the Commission, designation is in effect under section 14526, were directly impacted by the hurricane, ex- if the grant is to a local development district 80 percent of that cost; or

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10984 CONGRESSIONAL RECORD — SENATE August 3, 2007 ‘‘(C) in the case of a project to be carried (1) in paragraph (1), by striking ‘‘paragraph (B) in subparagraph (A), by striking ‘‘and’’ out in a county for which an at-risk county (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; at the end; and designation is in effect under section 14526, and (C) by inserting after subparagraph (A) the 70 percent of that cost.’’; and (2) by adding at the end the following: following: (2) in subsection (e), by striking paragraph ‘‘(3) AT-RISK COUNTIES.—The maximum ‘‘(B) designate as ‘at-risk counties’ those (1) and inserting the following: Commission contribution for a project to be counties in the Appalachian region that are ‘‘(1) IN GENERAL.—A grant under this sec- carried out in a county for which an at-risk most at risk of becoming economically dis- tion for expenses incidental to planning and county designation is in effect under section tressed; and’’. obtaining financing for a project under this 14526 may be increased to 70 percent.’’. (b) CONFORMING AMENDMENT.—The analysis section that the Secretary considers to be SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT for chapter 145 of title 40, United States unrecoverable from the proceeds of a perma- INITIATIVE. Code, is amended by striking the item relat- nent loan made to finance the project shall— (a) IN GENERAL.—Subchapter I of chapter ing to section 14526 and inserting the fol- ‘‘(A) not be made to an organization estab- 145 of subtitle IV of title 40, United States lowing: lished for profit; and Code, is amended by adding at the end the ‘‘14526. Distressed, at-risk, and economically ‘‘(B) except as provided in paragraph (2), following: strong counties.’’. not exceed— ‘‘§ 14508. Economic and energy development SEC. 5. AUTHORIZATION OF APPROPRIATIONS. ‘‘(i) 50 percent of those expenses; initiative (a) IN GENERAL.—Section 14703 of title 40, ‘‘(ii) in the case of a project to be carried ‘‘(a) PROJECTS TO BE ASSISTED.—The Appa- United States Code, is amended to read as out in a county for which a distressed county lachian Regional Commission may provide follows: designation is in effect under section 14526, technical assistance, provide grants, enter ‘‘§ 14703. Authorization of appropriations 80 percent of those expenses; or into contracts, or otherwise provide amounts ‘‘(a) IN GENERAL.—In addition to the ‘‘(iii) in the case of a project to be carried to individuals or entities in the Appalachian amounts made available under section 14501, out in a county for which an at-risk county region for use in carrying out projects and there are authorized to be appropriated to designation is in effect under section 14526, activities— the Appalachian Regional Commission to 70 percent of those expenses.’’. ‘‘(1) to promote energy efficiency in the carry out this subtitle— (d) TELECOMMUNICATIONS AND TECHNOLOGY Appalachian region to enhance the economic ‘‘(1) $95,200,000 for fiscal year 2007; INITIATIVE.—Section 14504 of title 40, United competitiveness of the Appalachian region; ‘‘(2) $98,600,000 for fiscal year 2008; States Code, is amended by striking sub- and ‘‘(3) $102,000,000 for fiscal year 2009; section (b) and inserting the following: ‘‘(2) to increase the use of renewable en- ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.— ‘‘(4) $105,700,000 for fiscal year 2010; and Of the cost of any project eligible for a grant ergy resources, particularly biomass, in the ‘‘(5) $109,400,000 for fiscal year 2011. ‘‘(b) TELECOMMUNICATIONS AND TECHNOLOGY under this section, not more than— Appalachian region to produce alternative ø INITIATIVE.—Of the amounts made available ‘‘(1) 50 percent may be provided from transportation fuels, electricity, and heat. ; ≈ under subsection (a), the following amounts amounts made available to carry out this and ø may be used to carry out section 14504: section; ‘‘(3) to support the development of con- ‘‘(1) $10,000,000 for fiscal year 2007. ‘‘(2) in the case of a project to be carried ventional energy resources, particularly ad- ‘‘(2) $8,000,000 for fiscal year 2008. out in a county for which a distressed county vanced clean coal, in the Appalachian region ‘‘(3) $5,000,000 for each of fiscal years 2009 designation is in effect under section 14526, to produce alternative transportation fuels, ¿ through 2011. 80 percent may be provided from amounts electricity, and heat. ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.— ‘‘(c) ECONOMIC AND ENERGY INITIATIVE.—Of made available to carry out this section; or Of the cost of any project eligible to be fund- the amounts made available under sub- ‘‘(3) in the case of a project to be carried ed by a grant under this section, not more section (a), the following amounts may be out in a county for which an at-risk county than— used to carry out section 14508: designation is in effect under section 14526, ‘‘(1) 50 percent may be provided from ‘‘(1) $12,000,000 for fiscal year 2007. 70 percent may be provided from amounts amounts made available to carry out this ‘‘(2) $12,400,000 for fiscal year 2008. made available to carry out this section.’’. section; ‘‘(3) $12,900,000 for fiscal year 2009. (e) ENTREPRENEURSHIP INITIATIVE.—Section ‘‘(4) $13,300,000 for fiscal year 2010. 14505 of title 40, United States Code, is ‘‘(2) in the case of a project to be carried ‘‘(5) $13,800,000 for fiscal year 2011. amended by striking subsection (c) and in- out in a county for which a distressed county ‘‘(d) AVAILABILITY.—Amounts made avail- serting the following: designation is in effect under section 14526, able under subsection (a) shall remain avail- ‘‘(c) LIMITATION ON AVAILABLE AMOUNTS.— 80 percent may be provided from amounts able until expended. Of the cost of any project eligible for a grant made available to carry out this section; and ‘‘(e) ALLOCATION OF FUNDS.—Funds ap- under this section, not more than— ‘‘(3) in the case of a project to be carried proved by the Appalachian Regional Com- ‘‘(1) 50 percent may be provided from out in a county for which an at-risk county mission for a project in an Appalachian amounts made available to carry out this designation is in effect under section 14526, State pursuant to a congressional directive section; 70 percent may be provided from amounts shall be derived from the total amount allo- ‘‘(2) in the case of a project to be carried made available to carry out this section. cated to the State by the Appalachian Re- out in a county for which a distressed county ‘‘(c) SOURCES OF ASSISTANCE.—Subject to gional Commission from amounts made designation is in effect under section 14526, subsection (b), grants provided under this available to carry out this subtitle.’’. 80 percent may be provided from amounts section may be provided— SEC. 6. TERMINATION. made available to carry out this section; or ‘‘(1) entirely from amounts made available Section 14704 of title 40, United States ‘‘(3) in the case of a project to be carried to carry out this section; or Code, is amended by striking ‘‘ø2006¿ 2007’’ out in a county for which an at-risk county ‘‘(2) from amounts made available to carry and inserting ‘‘2011’’. designation is in effect under section 14526, out this section, in combination with 70 percent may be provided from amounts amounts made available under other Federal SEC. 7. EFFECTIVE DATE. The amendments made by this Act take ef- made available to carry out this section.’’. programs or from any other source. (f) REGIONAL SKILLS PARTNERSHIPS.—Sec- ‘‘(d) FEDERAL SHARE.—Notwithstanding fect on October 1, 2006. tion 14506 of title 40, United States Code, is any other provision of law limiting a Federal Mr. REID. Mr. President, I ask unan- amended by striking subsection (d) and in- share of the cost of a project under any other imous consent that the committee-re- serting the following: Federal program, amounts made available to ported amendments be considered and ‘‘(d) LIMITATION ON AVAILABLE AMOUNTS.— carry out this section may be used to in- crease that Federal share, as the Commis- agreed to; that the bill, as amended, be Of the cost of any project eligible for a grant read a third time, passed, and the mo- under this section, not more than— sion determines to be appropriate.’’. ‘‘(1) 50 percent may be provided from (b) CONFORMING AMENDMENT.—The analysis tion to reconsider laid upon the table; amounts made available to carry out this for chapter 145 of title 40, United States and that any statements relating to section; Code, is amended by inserting after the item the bill be printed in the RECORD, with ‘‘(2) in the case of a project to be carried relating to section 14507 the following: no intervening action or debate. out in a county for which a distressed county ‘‘14508. Economic and energy development The PRESIDING OFFICER. Without designation is in effect under section 14526, initiative.’’. objection, it is so ordered. 80 percent may be provided from amounts SEC. 4. DISTRESSED, AT-RISK, AND ECONOMI- The committee amendments were made available to carry out this section; or CALLY STRONG COUNTIES. agreed to. ‘‘(3) in the case of a project to be carried (a) DESIGNATION OF AT-RISK COUNTIES.— The bill (S. 496), as amended, was or- Section 14526 of title 40, United States Code, out in a county for which an at-risk county dered to be engrossed for a third read, designation is in effect under section 14526, is amended— 70 percent may be provided from amounts (1) in the section heading, by inserting ‘‘, was read the third time, and passed. made available to carry out this section.’’. at-risk,’’ after ‘‘Distressed’’; and S. 496 (g) SUPPLEMENTS TO FEDERAL GRANT PRO- (2) in subsection (a)(1)— Be it enacted by the Senate and House of Rep- GRAMS.—Section 14507(g) of title 40, United (A) by redesignating subparagraph (B) as resentatives of the United States of America in States Code, is amended— subparagraph (C); Congress assembled,

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10985 SECTION 1. SHORT TITLE. (1) in subsection (d), by striking paragraph ‘‘(1) 50 percent may be provided from This Act may be cited as the ‘‘Appalachian (1) and inserting the following: amounts made available to carry out this Regional Development Act Amendments of ‘‘(1) LIMITATION ON AVAILABLE AMOUNTS.—A section; 2007’’. loan under subsection (b) for the cost of ‘‘(2) in the case of a project to be carried SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; planning and obtaining financing (including out in a county for which a distressed county MAXIMUM COMMISSION CONTRIBU- the cost of preliminary surveys and analyses designation is in effect under section 14526, TION. of market needs, preliminary site engineer- 80 percent may be provided from amounts (a) GRANTS AND OTHER ASSISTANCE.—Sec- ing and architectural fees, site options, ap- made available to carry out this section; or tion 14321(a) of title 40, United States Code, plication and mortgage commitment fees, ‘‘(3) in the case of a project to be carried is amended— legal fees, and construction loan fees and dis- out in a county for which an at-risk county (1) in paragraph (1)(A), by striking clause counts) of a project described in that sub- designation is in effect under section 14526, (i) and inserting the following: section may be made for up to— 70 percent may be provided from amounts ‘‘(i) the amount of the grant shall not ex- ‘‘(A) 50 percent of that cost; made available to carry out this section.’’. ceed— ‘‘(B) in the case of a project to be carried (g) SUPPLEMENTS TO FEDERAL GRANT PRO- ‘‘(I) 50 percent of administrative expenses; out in a county for which a distressed county GRAMS.—Section 14507(g) of title 40, United ‘‘(II) at the discretion of the Commission, designation is in effect under section 14526, States Code, is amended— if the grant is to a local development district 80 percent of that cost; or (1) in paragraph (1), by striking ‘‘paragraph that has a charter or authority that includes ‘‘(C) in the case of a project to be carried (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; the economic development of a county or a out in a county for which an at-risk county and part of a county for which a distressed coun- designation is in effect under section 14526, (2) by adding at the end the following: ty designation is in effect under section 70 percent of that cost.’’; and ‘‘(3) AT-RISK COUNTIES.—The maximum 14526, 75 percent of administrative expenses; (2) in subsection (e), by striking paragraph Commission contribution for a project to be or (1) and inserting the following: carried out in a county for which an at-risk ‘‘(III) at the discretion of the Commission, ‘‘(1) IN GENERAL.—A grant under this sec- county designation is in effect under section if the grant is to a local development district tion for expenses incidental to planning and 14526 may be increased to 70 percent.’’. that has a charter or authority that includes obtaining financing for a project under this the economic development of a county or a section that the Secretary considers to be SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE. part of a county for which an at-risk county unrecoverable from the proceeds of a perma- designation is in effect under section 14526, nent loan made to finance the project shall— (a) IN GENERAL.—Subchapter I of chapter 70 percent of administrative expenses;’’; and ‘‘(A) not be made to an organization estab- 145 of subtitle IV of title 40, United States (2) in paragraph (2), by striking subpara- lished for profit; and Code, is amended by adding at the end the graph (A) and inserting the following: ‘‘(B) except as provided in paragraph (2), following: ‘‘(A) IN GENERAL.—Except as provided in not exceed— ‘‘§ 14508. Economic and energy development subparagraph (B), of the cost of any project ‘‘(i) 50 percent of those expenses; initiative eligible for financial assistance under this ‘‘(ii) in the case of a project to be carried ‘‘(a) PROJECTS TO BE ASSISTED.—The Appa- section, not more than— out in a county for which a distressed county lachian Regional Commission may provide ‘‘(i) 50 percent may be provided from designation is in effect under section 14526, technical assistance, provide grants, enter amounts made available to carry out this 80 percent of those expenses; or into contracts, or otherwise provide amounts subtitle; ‘‘(iii) in the case of a project to be carried to individuals or entities in the Appalachian ‘‘(ii) in the case of a project to be carried out in a county for which an at-risk county region for use in carrying out projects and out in a county for which a distressed county designation is in effect under section 14526, activities— designation is in effect under section 14526, 70 percent of those expenses.’’. ‘‘(1) to promote energy efficiency in the 80 percent may be provided from amounts (d) TELECOMMUNICATIONS AND TECHNOLOGY Appalachian region to enhance the economic INITIATIVE.—Section 14504 of title 40, United made available to carry out this subtitle; or competitiveness of the Appalachian region; States Code, is amended by striking sub- ‘‘(iii) in the case of a project to be carried and section (b) and inserting the following: out in a county for which an at-risk county ‘‘(2) to increase the use of renewable en- ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.— designation is in effect under section 14526, ergy resources, particularly biomass, in the 70 percent may be provided from amounts Of the cost of any project eligible for a grant under this section, not more than— Appalachian region to produce alternative made available to carry out this subtitle.’’. transportation fuels, electricity, and heat. (b) DEMONSTRATION HEALTH PROJECTS.— ‘‘(1) 50 percent may be provided from amounts made available to carry out this ‘‘(b) LIMITATION ON AVAILABLE AMOUNTS.— Section 14502 of title 40, United States Code, Of the cost of any project eligible to be fund- is amended— section; ‘‘(2) in the case of a project to be carried ed by a grant under this section, not more (1) in subsection (d), by striking paragraph than— (2) and inserting the following: out in a county for which a distressed county designation is in effect under section 14526, ‘‘(1) 50 percent may be provided from ‘‘(2) LIMITATION ON AVAILABLE AMOUNTS.— amounts made available to carry out this Grants under this section for the operation 80 percent may be provided from amounts made available to carry out this section; or section; (including initial operating amounts and op- ‘‘(2) in the case of a project to be carried erating deficits, which include the cost of at- ‘‘(3) in the case of a project to be carried out in a county for which an at-risk county out in a county for which a distressed county tracting, training, and retaining qualified designation is in effect under section 14526, personnel) of a demonstration health project, designation is in effect under section 14526, 70 percent may be provided from amounts 80 percent may be provided from amounts whether or not constructed with amounts made available to carry out this section; and authorized to be appropriated by this sec- made available to carry out this section.’’. (e) ENTREPRENEURSHIP INITIATIVE.—Section ‘‘(3) in the case of a project to be carried tion, may be provided for up to— 14505 of title 40, United States Code, is out in a county for which an at-risk county ‘‘(A) 50 percent of the cost of that oper- amended by striking subsection (c) and in- designation is in effect under section 14526, ation; serting the following: 70 percent may be provided from amounts ‘‘(B) in the case of a project to be carried ‘‘(c) LIMITATION ON AVAILABLE AMOUNTS.— made available to carry out this section. out in a county for which a distressed county Of the cost of any project eligible for a grant ‘‘(c) SOURCES OF ASSISTANCE.—Subject to designation is in effect under section 14526, under this section, not more than— subsection (b), grants provided under this 80 percent of the cost of that operation; or ‘‘(1) 50 percent may be provided from section may be provided— ‘‘(C) in the case of a project to be carried amounts made available to carry out this ‘‘(1) entirely from amounts made available out in a county for which an at-risk county section; to carry out this section; or designation is in effect under section 14526, ‘‘(2) in the case of a project to be carried ‘‘(2) from amounts made available to carry 70 percent of the cost of that operation.’’; out in a county for which a distressed county out this section, in combination with and designation is in effect under section 14526, amounts made available under other Federal (2) in subsection (f), by adding at the end 80 percent may be provided from amounts programs or from any other source. the following: made available to carry out this section; or ‘‘(d) FEDERAL SHARE.—Notwithstanding ‘‘(3) AT-RISK COUNTIES.—The maximum ‘‘(3) in the case of a project to be carried any other provision of law limiting a Federal Commission contribution for a project to be out in a county for which an at-risk county share of the cost of a project under any other carried out in a county for which an at-risk designation is in effect under section 14526, Federal program, amounts made available to county designation is in effect under section 70 percent may be provided from amounts carry out this section may be used to in- 14526 may be increased to the lesser of— made available to carry out this section.’’. crease that Federal share, as the Commis- ‘‘(A) 70 percent; or (f) REGIONAL SKILLS PARTNERSHIPS.—Sec- sion determines to be appropriate.’’. ‘‘(B) the maximum Federal contribution tion 14506 of title 40, United States Code, is (b) CONFORMING AMENDMENT.—The analysis percentage authorized by this section.’’. amended by striking subsection (d) and in- for chapter 145 of title 40, United States (c) ASSISTANCE FOR PROPOSED LOW- AND serting the following: MIDDLE-INCOME HOUSING PROJECTS.—Section ‘‘(d) LIMITATION ON AVAILABLE AMOUNTS.— Code, is amended by inserting after the item 14503 of title 40, United States Code, is Of the cost of any project eligible for a grant relating to section 14507 the following: amended— under this section, not more than— ‘‘14508. Economic and energy development initiative.’’.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 0624 Sfmt 0655 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10986 CONGRESSIONAL RECORD — SENATE August 3, 2007 SEC. 4. DISTRESSED, AT-RISK, AND ECONOMI- The legislative clerk read as follows: to the immediate consideration of Cal- CALLY STRONG COUNTIES. A resolution (S. Res. 304) congratulating endar No. 127, S. 849. (a) DESIGNATION OF AT-RISK COUNTIES.— Charles Simic on being named the 15th Poet Section 14526 of title 40, United States Code, The PRESIDING OFFICER. The Laureate of the United States of America by is amended— clerk will report the bill by title. the Library of Congress. (1) in the section heading, by inserting ‘‘, The legislative clerk read as follows: at-risk,’’ after ‘‘Distressed’’; and There being no objection, the Senate A bill (S. 849) to promote accessibility, ac- (2) in subsection (a)(1)— proceeded to consider the resolution. countability, and openness in Government (A) by redesignating subparagraph (B) as Mr. REID. Mr. President, I ask unan- by strengthening section 552 of title V, subparagraph (C); imous consent that the resolution be United States Code (commonly referred to as (B) in subparagraph (A), by striking ‘‘and’’ agreed to, the preamble be agreed to, the Freedom of Information Act), and for at the end; and and the motion to reconsider be laid other purposes. (C) by inserting after subparagraph (A) the following: upon the table. There being no objection, the Senate ‘‘(B) designate as ‘at-risk counties’ those The PRESIDING OFFICER. Without proceeded to consider the bill. counties in the Appalachian region that are objection, it is so ordered. Mr. LEAHY. Mr. President, I am most at risk of becoming economically dis- The resolution (S. Res. 304) was pleased that the Senate has passed the tressed; and’’. agreed to. Leahy-Cornyn Openness Promotes Ef- (b) CONFORMING AMENDMENT.—The analysis The preamble was agreed to. fectiveness in our National Govern- for chapter 145 of title 40, United States The resolution, with its preamble, ment Act’’ (the ‘‘OPEN Government Code, is amended by striking the item relat- reads as follows: ing to section 14526 and inserting the fol- Act’’), S. 849, before adjourning for the lowing: S. RES. 304 August recess. This important Free- ‘‘14526. Distressed, at-risk, and economically Whereas Charles Simic was born in Yugo- dom of Information Act legislation will strong counties.’’. slavia on May 9, 1938, and lived through the strengthen and reinvigorate FOIA for events of World War II; SEC. 5. AUTHORIZATION OF APPROPRIATIONS. all Americans. Whereas, in 1954, at age 16 Charles Simic (a) IN GENERAL.—Section 14703 of title 40, immigrated to the United States, and moved For more than four decades, FOIA United States Code, is amended to read as to Oak Park, Illinois; has translated the great American val- follows: Whereas Charles Simic served in the ues of openness and accountability into ‘‘§ 14703. Authorization of appropriations United States Army from 1961 to 1963; practice by guaranteeing access to gov- ‘‘(a) IN GENERAL.—In addition to the Whereas Charles Simic received a bach- ernment information. The OPEN Gov- amounts made available under section 14501, elor’s degree from New York University in ernment Act will help ensure that there are authorized to be appropriated to 1966; these important values remain a cor- the Appalachian Regional Commission to Whereas Charles Simic has been a United nerstone of our American democracy. carry out this subtitle— States citizen for 36 years and currently re- ‘‘(1) $95,200,000 for fiscal year 2007; sides in Strafford, New Hampshire; I commend the bill’s chief Repub- ‘‘(2) $98,600,000 for fiscal year 2008; Whereas Charles Simic has authored 18 lican cosponsor, Senator JOHN CORNYN, ‘‘(3) $102,000,000 for fiscal year 2009; books of poetry; for his commitment and dedication to ‘‘(4) $105,700,000 for fiscal year 2010; and Whereas Charles Simic is a professor emer- passing FOIA reform legislation this ‘‘(5) $109,400,000 for fiscal year 2011. itus of creative writing and literature at the year. Since he joined the Senate 5 ‘‘(b) TELECOMMUNICATIONS AND TECHNOLOGY University of New Hampshire, where he years ago, Senator CORNYN and I have INITIATIVE.—Of the amounts made available taught for 34 years before retiring; worked closely together on the Judici- under subsection (a), the following amounts Whereas Charles Simic is the 5th person to may be used to carry out section 14504: be named Poet Laureate with ties to New ary Committee to ensure that FOIA ‘‘(1) $10,000,000 for fiscal year 2007. Hampshire, including Robert Frost, Maxine and other open government laws are ‘‘(2) $8,000,000 for fiscal year 2008. Kumin, Richard Eberhart, and Donald Hall; preserved for future generations. The ‘‘(3) $5,000,000 for each of fiscal years 2009 Whereas Charles Simic won the Pulitzer passage of the OPEN Government Act through 2011. Prize for Poetry in 1990 for his work ‘‘The is a fitting tribute to our bipartisan ‘‘(c) ECONOMIC AND ENERGY INITIATIVE.—Of World Doesn’t End’’; partnership and to openness, trans- the amounts made available under sub- Whereas Charles Simic wrote ‘‘Walking the parency and accountability in our gov- section (a), the following amounts may be Black Cat’’ in 1996, which was a finalist for ernment. used to carry out section 14508: the National Book Award for Poetry; ‘‘(1) $12,000,000 for fiscal year 2007. Whereas Charles Simic won the Griffin I also thank the many cosponsors of ‘‘(2) $12,400,000 for fiscal year 2008. Prize in 2005 for ‘‘Selected Poems: 1963-2003’’; this legislation for their dedication to ‘‘(3) $12,900,000 for fiscal year 2009. Whereas Charles Simic held a MacArthur open government and I thank the Ma- ‘‘(4) $13,300,000 for fiscal year 2010. Fellowship from 1984 to 1989 and has held fel- jority Leader for his strong support of ‘‘(5) $13,800,000 for fiscal year 2011. lowships from the Guggenheim Foundation this legislation. I am also appreciative ‘‘(d) AVAILABILITY.—Amounts made avail- and the National Endowment for the Arts; of the efforts of Senator KYL and Sen- able under subsection (a) shall remain avail- Whereas Charles Simic earned the Edgar ator BENNETT in helping us to reach a able until expended. Allan Poe Award, the PEN Translation compromise on this legislation, so that ‘‘(e) ALLOCATION OF FUNDS.—Funds ap- Prize, and awards from the American Acad- proved by the Appalachian Regional Com- emy of Arts and Letters and the National In- the Senate could consider and pass mission for a project in an Appalachian stitute of Arts and Letters; meaningful FOIA reform this legisla- State pursuant to a congressional directive Whereas Charles Simic served as Chan- tion before the August recess. shall be derived from the total amount allo- cellor of the Academy of American Poets; But, most importantly, I especially cated to the State by the Appalachian Re- Whereas Charles Simic received the 2007 want to thank the many concerned gional Commission from amounts made Wallace Stevens Award from the American citizens who, knowing the importance available to carry out this subtitle.’’. Academy of Poets; and of this measure to the American peo- Whereas on August 2, 2007, Librarian of SEC. 6. TERMINATION. ple’s right to know, have demanded ac- Section 14704 of title 40, United States Congress James H. Billington announced the Code, is amended by striking ‘‘2007’’ and in- appointment of Charles Simic to be the Li- tion on this bill. This bill is endorsed serting ‘‘2011’’. brary’s 15th Poet Laureate Consultant in Po- by more than 115 business, public inter- SEC. 7. EFFECTIVE DATE. etry: Now, therefore, be it est, and news organizations from The amendments made by this Act take ef- Resolved, That the Senate— across the political and ideological fect on October 1, 2006. (1) congratulates Charles Simic for being spectrum, including the American Li- named the 15th Poet Laureate of the United f brary Association, the U.S. Chamber of States of America by the Library of Con- Commerce, OpenTheGovernment.org, gress; and CONGRATULATING THE 15TH POET Public Citizen, the Republican Liberty LAUREATE (2) directs the Secretary of the Senate to transmit an enrolled copy of this resolution Caucus, the Sunshine in Government Mr. REID. Mr. President, I ask unan- to Charles Simic. Initiative and the Vermont Press Asso- imous consent that the Senate now f ciation. The invaluable support of proceed to S. Res. 304. these and many other organizations is The PRESIDING OFFICER. The OPEN GOVERNMENT ACT OF 2007 what led the opponents of this bill to clerk will report the title of the resolu- Mr. REID. Mr. President, I ask unan- come around and support this legisla- tion. imous consent that the Senate proceed tion.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10987 As the first major reform to FOIA in being eligible to recover attorneys fees measure. I hope that the House of Rep- more than a decade, the OPEN Govern- under circumstances where an agency resentatives, which overwhelmingly ment Act will help to reverse the trou- provides the records requested in the passed a similar measure earlier this bling trends of excessive delays and lax litigation just prior to a court decision year, will promptly take up and pass FOIA compliance in our government that would have been favorable to the this bill and that the President will and help to restore the public’s trust in FOIA requestor. The bill clarifies that then promptly sign it into law. their government. This bill will also Buckhannon does not apply to FOIA Mr. KYL. Mr. President, I rise today improve transparency in the Federal cases. Under the bill, a FOIA requester to comment on S. 849, the OPEN Gov- Government’s FOIA process by: can obtain attorneys’ fees when he or ernment Act. As a result of negotia- Restoring meaningful deadlines for she files a lawsuit to obtain records tions between Senators CORNYN, agency action under FOIA; from the government and the govern- LEAHY, and me, we have reached an Imposing real consequences on fed- ment releases those records before the agreement on an amendment to this eral agencies for missing FOIA’s 20-day court orders them to do so. But, this bill that addresses my concerns about statutory deadline; provision would not allow the re- the legislation while keeping true to Clarifying that FOIA applies to gov- quester to recover attorneys’ fees if the the bill’s intended purposes. When this ernment records held by outside pri- requester’s claim is wholly insubstan- bill was marked up in the Senate Judi- vate contractors; tial. ciary Committee several months ago, I Establishing a FOIA hotline service To address concerns about the grow- filed a number of amendments intended for all federal agencies; and ing costs of FOIA litigation, the bill to address problems with the bill. Sen- Creating a FOIA Ombudsman to pro- also creates an Office of Government ator LEAHY asked me at the mark up to vide FOIA requestors and federal agen- Information Services in the National withhold offering my amendments in cies with a meaningful alternative to Archives and creates an ombudsman to favor of addressing my concerns costly litigation. mediate agency-level FOIA disputes. In through negotiations with him and Specifically, the OPEN Government addition the bill ensures that each fed- with Senator CORNYN. I agreed to do so, Act will protect the public’s right to eral agency will appoint a Chief FOIA and later submitted a statement of ad- know, by ensuring that anyone who Officer, who will monitor the agency’s ditional views to the committee report gathers information to inform the pub- compliance with FOIA requests, and a for this bill that described the nature lic, including freelance journalist and FOIA Public Liaison who will be avail- of some of my concerns, and that in- bloggers, may seek a fee waiver when able to FOIA to resolve FOIA related cluded as an attachment the Justice they request information under FOIA. disputes. Department’s lengthy Views Letter on The bill ensures that federal agencies Finally, the bill does several things this bill. After follow-up meetings with will not automatically exclude Inter- to enhance the agency reporting and the Justice Department and Office of net blogs and other Web-based forms of tracking requirements under FOIA. Management and Budget to elucidate media when deciding whether to waive Tracking numbers are not required for the nature of some of those agencies’ FOIA fees. In addition, the bill also FOIA requests that are anticipated to concerns and to try to come up with clarifies that the definition of news take ten days or less to process. The compromise language, negotiations media, for purposes of FOIA fee waiv- bill creates a tracking system for FOIA among members of the Senate began. I ers, includes free newspapers and indi- requests to assist members of the pub- am pleased to report that those nego- viduals performing a media function lic and the media. The bill also estab- tiations have proved fruitful. Our nego- who do not necessarily have a prior lishes a FOIA hotline service for all tiations have benefited from extensive history of publication. federal agencies, either by telephone or assistance from the Justice Depart- The bill also restores meaningful on the Internet, to enable requestors to ment and other parts of the executive deadlines for agency action, by ensur- track the status of their FOIA re- branch, as well as from the input of ing that the 20-day statutory clock quests. various journalists’ organizations. under FOIA starts when a request is re- In addition, the bill also clarifies While none of these parties has gotten ceived by the appropriate component of that FOIA applies to agency records exactly what it wants, I do believe that the agency and requiring that agency that are held by outside private con- we now have a bill that strikes the FOIA offices get FOIA requests to the tractors, no matter where these right balance with regard to FOIA—a appropriate agency component within records are located. And to create more bill that will make FOIA work more 10 days of the receipt of such requests. transparency about the use of statu- smoothly and efficiently. The bill allows federal agencies to toll tory exemptions under FOIA, the bill Allow me to describe some of the the 20-day clock while they are await- ensures that FOIA statutory exemp- changes that my amendment will make ing a response to a reasonable request tions that are included in legislation to the underlying bill. Section three of for information from a FOIA requester enacted after the passage of this bill the original bill broadened the defini- on one occasion, or while the agency is clearly cite the FOIA statute and tion of media requesters to include awaiting clarification regarding a clearly state the intent to be exempt anyone who ‘‘intends’’ to broadly dis- FOIA fee assessment. In addition, to from FOIA. seminate information. My concern, encourage agencies to meet the 20-day The Freedom of Information Act is which was also expressed by the Jus- time limit, the bill prohibits an agency critical to ensuring that all American tice Department, was that in the age of from collecting search fees if it fails to citizens can access information about the internet, anyone can plausibly meet the 20-day deadline, except in the the workings of their government. But, state that he ‘‘intends’’ to broadly dis- case of exceptional circumstances as after four decades this open govern- seminate the information that he ob- defined by the FOIA statute. ment law needs to be strengthened. I tains through FOIA. The media-re- The bill also addresses a relatively am pleased that the reforms contained quester category is important because new concern that, under current law, in the OPEN Government Act will en- requesters who receive this status are federal agencies have an incentive to sure that FOIA is reinvigorated so that exempt from search fees. Search fees delay compliance with FOIA requests it works more effectively for the Amer- are one of the principal tools that until just before a court decision that ican people. agencies use to encourage requesters to is favorable to a FOIA requestor. The I am also pleased that, by passing clarify and sharpen their requests. Supreme Court’s decision in this important reform legislation When someone makes a broad and Buckhannon Board and Care Home, today, the Senate has reaffirmed the vague request, the agency will come Inc. v. West Virginia Dep’t of Health principle that open government is not back with an estimate of the cost of and Human Resources, 532 U.S. 598 a Democratic issue or a Republican conducting such a search. Often, the (2001), eliminated the ‘‘catalyst the- issue. But, rather, it is an American individual will then sharpen that re- ory’’ for attorneys’ fees recovery under issue and an American value. I com- quest. This saves the agency time and certain federal civil rights laws. When mend all of my Senate colleagues, on the requester money. According to applied to FOIA cases, Buckhannon both sides of the aisle, for unanimously some FOIA administrators, legitimate precludes FOIA requesters from ever passing this historic FOIA reform media requesters rarely make vague

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10988 CONGRESSIONAL RECORD — SENATE August 3, 2007 requests. These requesters usually method of news distribution takes on expect more than a very small portion know what they want and they want to new means and forms. But the lan- of FOIA requesters to engage in such get it quickly. But if virtually any re- guage should also prevent gamesman- gamesmanship. But given the large quester could be exempted from search ship by individuals who cannot logi- number of individuals and institutions fees by claiming that he intends to cally be considered journalists but who that make FOIA requests, it is inevi- widely disseminate the information, are willing to assert that they are jour- table that some bad apples would abuse search fees would no longer serve as a nalists in order to avoid paying search the rules if Congress were to create an tool for encouraging requesters to fees. incentive to do so. focus their requests. Overall, this The modified bill also makes impor- My amendment makes the FOIA would waste FOIA resources and slow tant changes to section 6 of the bill. deadline run only from the time when down processing of all requests. Such a The original version of this section the appropriate component of an agen- result would not be in anyone’s inter- eliminated certain important FOIA ex- cy receives the request. To address con- est. emptions as a penalty for an agency’s cerns that an agency might unreason- The compromise language included failure to comply with FOIA’s 20-day ably delay in routing a request to the in my amendment clarifies the defini- response deadline. I commented at appropriate component, I have added tion of media requester in a way that length on this provision of the bill at language providing that the deadline protects internet publications and free- the beginning of my additional views shall begin to run from no later than lance journalists but that still pre- to the committee report for the bill. ten days after some designated FOIA serves commonsense limits on who can This provision was far and away the component receives the request. I claim to be a journalist. At the sugges- most problematic provision of the think that it is reasonable to expect tion of some media representatives, we original bill and I am relieved that that requesters send their requests to have incorporated into the amendment Senators LEAHY and CORNYN have some designated FOIA-receiving com- the definition of media requester that agreed to abandon this approach to ponent of an agency, and I think that was announced by the DC Circuit in deadline enforcement. it is reasonable to expect that once a National Security Archive v. U.S. Depart- My amendment adopts a modified FOIA component of the agency gets the ment of Defense. 880 F.2d 1381 (D.C. Cir. version of an approach to deadline en- request, it will expeditiously route 1989). That definition focuses on public forcement that was suggested by Sen- that request to the appropriate FOIA interest in the collected information, ators CORNYN and LEAHY. Their ap- component. the use of editorial skill to process proach denies search fees to agencies My amendment also changes the that information into news, and the that do not meet FOIA deadlines. I bill’s standard for awarding attorney’s distribution of that news to an audi- have modified my colleagues’ proposal fees to FOIA requesters when litigation ence. It would appear in my view to by including an exception allowing an is ended short of a judgement or court- protect publishers of newsletters and agency to still collect search fees if a approved settlement. The original bill other smaller news sources, as well as, delay in processing the request was the would have entitled a requester to fees obviously, the types of organizations result of unusual or exceptional cir- whenever an agency voluntarily or uni- described in that opinion. On the other cumstances. These exceptions have laterally changed its position and hand, given that this construction of been part of FOIA for many years now handed over the requested information the term news media as used in FOIA and have a reasonably well-known after litigation had commenced. As I has been in effect for 17 years, I do not meaning. I expect that these excep- noted in my statement of additional think that anyone can reasonably fear tions will account for virtually all of views to the committee report, I am that codifying it will turn the world the cases where an agency cannot rea- concerned that such a standard would upside down. I was amused to see that sonably be expected to process a par- discourage agencies from releasing doc- Judge Ginsburg’s analysis of the stat- ticular FOIA request within the para- uments in situations where the agency ute’s definition of news media relied in graph (6) time limits. is fully within its rights to withhold a part on conflicting legislative state- Preserving this type of flexibility is record—for example, because some ments made by Senators HATCH and important. A penalty that seriously clear exception applies—but senior per- LEAHY, two members with whom I cur- punishes an agency, which I believe sonnel at the agency decide to produce rently serve on the Senate Judiciary that denying search fees would do, the documents anyway. To impose fees Committee, regarding the meaning of would likely backfire if the penalty did in such a situation would be to adopt a the 1986 amendments to FOIA. By in- not account for complex or broad re- rule of no good deed goes unpunished. corporating a judicially crafted defini- quests that cannot reasonably be proc- It would also likely discourage some tion of news media, I believe that my essed within the FOIA deadlines. If the disclosures. If an exemption clearly ap- amendment spares the courts the in- penalties for not processing a request plied to the records in question, the dignity of being compelled to parse within the deadlines are harsh and in- only way that the agency could avoid conflicting Senate floor statements in clude no exceptions, the agency will being assessed fees would be to con- order to divine the meaning of that process every request within 20 or 30 tinue litigating. Also, in my view at- term. days. It will simply do a sloppy job. torney’s fee shifting should only re- The remainder of my amendment’s That would not improve the operation ward litigation that was meritorious. A changes to section 3 codify language of the FOIA and would not be in any- baseless lawsuit should not be re- that has been adopted by some admin- one’s interest. warded with attorney’s fees. There is istrative agencies to clarify who is a The original bill also made FOIA’s 20- enough bad lawyering around already. media requester. Other than stylistic day clock run from the time when any The government should not be paying edits, that agency language has been part of a government agency or depart- litigants for bringing claims that lack modified in my amendment only to ment received a FOIA request. Again, legal merit. make express that news-media entities the modified bill exempts FOIA re- On the other hand, Senator CORNYN include periodicals that are distributed questers from search fees if the 20-day has presented compelling arguments for free to the public. This will protect deadline is not met and no unusual or that since the time when the the fee status of the numerous free exceptional circumstances are present. Buckhannon standard was extended to newspapers that have become common These provisions in combination would FOIA, some agencies have begun deny- in American cities in recent years. The have created a perverse incentive for a ing clearly meritorious requests and agency language codified here also ex- FOIA requester to ignore the address- then unilaterally settling the case on tends express protection to freelance ing instructions on an agency’s website the eve of trial to avoid paying attor- journalists. and send his request to some distant ney’s fees. Obviously, such behavior Overall, this language should guar- outpost of an agency or department, in should not be encouraged. Or at the antee news-media status for new elec- the hope that doing so would prevent very least, the requester should be tronic formats and for anyone who the agency from meeting the 20-day compensated for the legal expense of would logically be considered a jour- deadline and the requester would be ex- forcing agency compliance with a meri- nalist, even when that journalist’s empted from search fees. I would not torious request. Senator CORNYN has

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10989 made a strong case that the current Part of the very definition of the sub- ernment could not rightfully force that standard denies the public access to stantiality test is that courts can party to pay attorney’s fees. The occa- important information about the oper- evaluate the complaint on its pleadings sional unfairness of this provision—the ations of the Federal Government. or without resolving factual disputes. fact that it will sometimes require the In the spirit of compromise, and out A claim is substantial so long as ‘‘it payment of fees to a party whose liti- of deference to Senator CORNYN’s argu- cannot be said that [it] is obviously gation position lacked merit—is toler- ments and persistence, I have agreed to without merit, or clearly foreclosed by able only because the only party that incorporate language into my amend- prior Supreme Court decisions, or a will be forced to pay fees under this ment that does not fully address my matter that should be dismissed on the provision even when that party was in concerns about this part of the bill and pleadings alone without the presen- the right is the government. that is very generous to FOIA request- tation of some evidence.’’ Rumbaugh v. I would also like to emphasize for the ers. The language of the amendment Winifrede Railroad Company, 331 F.2d legislative record that I had originally entitles a requester to fees unless the 530, 539–40 (4th Cir. 1964). ‘‘The substan- proposed formulating this standard as court finds that the requester’s claims tiality of the Federal claim is ordi- ‘‘provided that the complainant’s claim were not substantial. This is a pretty narily determined on the basis of the is substantial’’—and I would have been low standard. It would allow the re- pleadings’’—on whether ‘‘it appears equally content with language along quester to be deemed a prevailing party that the Federal claim is subject to the lines of ‘‘unless the complainant’s for fee-assessment purposes even if the dismissal under F.R.Civ.P. 12(b)(6) or claim is insubstantial.’’ The double government’s litigating position was could be disposed of on a motion for negative in the amendment was not my entirely reasonable—or even if the gov- summary judgment under F.R.Civ.P. proposal and I accept no responsibility ernment’s arguments were meritorious 56.’’ Tully v. Mott Supermarkets, Inc., 540 for that grammatical infraction. It is and the government would have won F.2d 187, 196 (3d Cir. 1976). Other cases only because others have insisted on had the case been litigated to a judg- articulating these principles are Kavit that formulation and I can perceive no ment. v. A.L. Stam & Co., 491 F.2d 1176, 1179–80 substantive difference between ‘‘not in- Substantiality is a test that is em- (2d Cir. 1974) (Friendly, J.); Scholz substantial’’ and ‘‘substantial’’ that ployed in the Federal courts to deter- Homes, Inc. v. Maddox, 379 F.2d 84, 87 the double negative appears in my mine whether a federal claim is ade- (6th Cir. 1967); Smith v. Metropolitan De- amendment. quate to justify retaining jurisdiction velopment Housing Agency, 857 F.Supp. My amendment also makes one other over supplemental or other State law 597, 601 (M.D. Tenn. 1994); In the Matter important change to section 4 of the claims. It is generally understood to of Union National Bank & Trust Com- bill. The original bill allowed a re- require only that the plaintiff’s com- pany of Souderton, Pennsylvania, 298 quester to be deemed a prevailing party plaint not be clearly nonmeritorious on F.Supp. 422, 424 (E.D. Pa. 1969). if the requester obtained relief through its face and not be clearly precluded by I hope that these comments on my ‘‘an administrative action.’’ Agency controlling precedent. The classic and understanding of the law in this area administrative appeals of FOIA deci- most-quoted statement of the substan- are of assistance to courts and liti- sions do not require lawyers, and FOIA tiality standard appears to be that in gants who will now be forced to adapt requesters should not be compensated the Supreme Court’s decision in Lever- to the application of the substantiality for or encouraged to bring lawyers into ing & Garrigues Co. v. Morrin, 289 U.S. test to FOIA fee shifting. Obviously these proceedings. An agency appeal 103, 105 (1933), in which Justice Suther- this transition would be easier had we simply means that the plaintiff asks land explained that a claim may be adopted a test more familiar to this the agency to reconsider its denial of a request. Every agency has an appeal ‘‘plainly unsubstantial either because area of the law, but the exigencies of procedure in which it assigns the case obviously without merit, or because its legislative compromise have precluded to another agency employee trained in unsoundness so clearly results from the such an outcome. For some recent and FOIA who then reevaluates the re- previous decisions of this court as to very thorough examples of how a sub- quest. These appeals are most often foreclose the subject and leave no room stantiality analysis is actually con- successful when the plaintiff provides for the inference that the questions ducted, courts and litigants should also more information about his request. sought to be raised can be the subject look to Judge Williams’s panel opinion Legal arguments are not appropriate to of controversy.’’ The same principle is in Decatur Liquors, Inc. v. District of Co- these appeals. There is no reason to expressed through different words in lumbia, 478 F.3d 360, 363–63 (D.C. Cir. bring attorneys-fee shifting into this Oneida Indian Nation v. County of Onei- 2007), and to the Sixth Circuit’s opinion stage of FOIA. Thus my amendment da, 414 U.S. 661, 666 (1974), as whether in Wal-Juice Bar, Inc. v. Elliott, 899 F.2d eliminates the fee-shifting section’s the claim is ‘‘so insubstantial, implau- 1502, 1505–07 (6th Cir. 1990). reference to relief obtained through an sible, foreclosed by prior decisions of Again, I would have preferred that administrative action. this Court, or otherwise completely de- the Senate select some standard that Mr. CORNYN. Mr. President, since void of merit as not to involve a Fed- protects from fee assessments an agen- coming to the U.S. Senate in 2002, I eral controversy,’’ and in Kaz Manufac- cy that releases information when the have made it my mission to bring a lit- turing v. Chesebrough-Pond’s, Inc., 211 law clearly applied an exemption to tle ‘‘Texas sunshine’’ to Washington. F.Supp. 815, 822 (S.D.N.Y. 1962), as the requested information. Agencies The State of Texas has one of the whether ‘‘it cannot be said that the will still be protected by the discre- strongest laws expanding the right of claim is obviously without merit or tionary factors considered in the fee- every citizen to access records docu- that its invalidity clearly results from shifting system, but the lacks-a-rea- menting what the government is up to. the previous decisions of this court or, sonable-legal-basis factor is not always As attorney general of Texas, I was re- where the claim is pretty clearly un- controlling and does not create a guar- sponsible for enforcing Texas’s open founded.’’ anteed safe harbor. I fear that the government laws. I have always been One aspect of this test that makes it standard that we adopt today will lead proud that Texas is known for having well-suited to evaluating attorney’s fee some agency employees to withhold in- one of the strongest and most robust requests is that the ‘‘insubstantiality’’ formation that they would otherwise freedom of information laws in the of a claim is a quality ‘‘which is appar- be inclined to release out of concern country. ent at the outset.’’ Rosado v. Wyman, that unilaterally releasing the infor- Unfortunately, the Sun doesn’t shine 397 U.S. 397, 404 (1970). It is a standard mation would make the agencies sub- as brightly in Washington. The Federal that courts should be able to apply ject to fee assessments. Freedom of Information Act, or FOIA, without further factual inquiry into I would also note that the substan- which was signed into law 41 years ago, the nature of a complaint. It thus ad- tiality test would have been unaccept- was designed to guarantee public ac- dresses one of the Supreme Court’s able were this a fee-shifting statute cess to records that explain what the major concerns in the Buckhannon that assessed fees against private par- Government is doing. case, that ‘‘a request for attorney’s ties. If a private party adopts a meri- Some Federal agencies are taking fees should not result in a second torious position in litigation but then years to even start working on re- major litigation.’’ unilaterally settles, the Federal Gov- quests. Far too often when citizens

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10990 CONGRESSIONAL RECORD — SENATE August 3, 2007 seek records from our Government, Passage of this important legislation gathers information of potential interest to they are met with long delays, denials is a victory for the American people. a segment of the public, uses its editorial and difficulties. Federal agencies can From my vantage point here in Wash- skills to turn the raw materials into a dis- routinely and repeatedly deny requests ington, DC, it is about holding ac- tinct work, and distributes that work to an audience. The term ‘‘news’’ means informa- for information with near impunity. countable the politicians who continue tion that is about current events or that Making the situation worse, requestors to grow the size and scope of the Fed- would be of current interest to the public. have few alternatives to lawsuits for eral Government. And it is about hold- Examples of news-media entities are tele- appealing an agency’s decision. ing accountable the bureaucrats who vision or radio stations broadcasting to the And when requestors do sue agencies, populate the Federal Government’s public at large and publishers of periodicals the deck is stacked in the Govern- ever-expanding reach over individual (but only if such entities qualify as dissemi- ment’s favor. liberty. nators of ‘‘news’’) who make their products Courts have ruled that requestors This legislation contains important available for purchase by or subscription by cannot recover legal fees from agencies congressional findings to reiterate and or free distribution to the general public. who improperly withhold information reinforce our belief that FOIA estab- These examples are not all-inclusive. More- until a judge rules for the requestor. over, as methods of news delivery evolve (for lishes a presumption of openness, and example, the adoption of the electronic dis- That means an agency can withhold that our government is based not on semination of newspapers through tele- documents without any consequences the need to know, but upon the funda- communications services), such alternative until the day before a judge’s ruling. mental right to know. In addition, the media shall be considered to be news-media Then the agency can suddenly send a act contains over a dozen substantive entities. A freelance journalist shall be re- box full of documents, render the law- provisions, designed to achieve four garded as working for a news-media entity if suit moot and leave the requestor with important objectives: (1) to strengthen the journalist can demonstrate a solid basis a hefty legal bill. And the agency gets FOIA and close loopholes, (2) to help for expecting publication through that enti- ty, whether or not the journalist is actually away scot-free. FOIA requestors obtain timely re- In the meantime, the delay can keep employed by the entity. A publication con- sponses to their requests, (3) to ensure tract would present a solid basis for such an mismanagement and wasteful practices that agencies have strong incentives to expectation; the Government may also con- hidden and unfixed. Documents ob- act on FOIA requests in a timely fash- sider the past publication record of the re- tained through FOIA helped reporters ion, and (4) to provide FOIA officials quester in making such a determination.’’. for Knight Ridder—now part of with all of the tools they need to en- (b) ATTORNEYS’ FEES.—At page 5, strike McClatchy Company—show the public sure that our government remains open lines 1 through 7 and insert: ‘‘(I) a judicial order, or an enforceable that veterans who fought bravely for and accessible. our country have trouble obtaining the written agreement or consent decree; or The OPEN Government Act is not (II) a voluntary or unilateral change in po- medical benefits they deserve upon re- just pro-openness, pro-accountability, turning home. Thousands died waiting sition by the agency, provided that the com- and pro-accessibility—it is also pro- plainant’s claim is not insubstantial.’’. for their benefits, many more received Internet. It requires government agen- (c) COMMENCEMENT OF 20-DAY PERIOD AND wrong information. Legal fees alone cies to establish a hotline to enable TOLLING.—At page 6, lines 1 through 7 and in- topped $100,000 along with the time and citizens to track their FOIA requests, sert: effort. Few citizens have such time and including Internet tracking, and it ‘‘(1) IN GENERAL.—Section 552(a)(6)(A)(i) of budgets. grants the same privileged FOIA fee title 5, United States Code, is amended by striking ‘‘determination;’’ and inserting: To address problems of long delays status currently enjoyed by traditional ‘‘determination. The 20-day period shall com- and strengthen the ability of every cit- media outlets to bloggers and others izen to know what its government is up mence on the date on which the request is who publish reports on the Internet. first received by the appropriate component to, Senator PATRICK LEAHY and I intro- The act has the support of business duced bipartisan legislation to reform of the agency, but in any event no later than groups, such as the U.S. Chamber of ten days after the request is first received by FOIA. Commerce and National Association of There are, unfortunately, many any component of the agency that is des- Manufacturers, media groups and more ignated in the agency’s FOIA regulations to issues in the Senate Judiciary Com- than 100 advocacy organizations from receive FOIA requests. The 20-day period mittee that have become partisan and across the political spectrum. Without shall not be tolled by the agency except (I) divisive. So it is especially gratifying their help, this legislation would have that the agency may make one request to to be able to have worked so closely the requester for information and toll the 20- been impossible. with Chairman LEAHY on an issue as day period while it is awaiting such informa- We owe it to all Americans to help important and as fundamental to our tion that it has reasonably requested from them know what their government is Nation as openness in government. the FOIA requester or (II) if necessary to Today we are making history by up to and to make our great democracy clarify with the requester issues regarding passing the Openness Promotes Effec- even stronger and more accountable to fee assessment. In either case, the agency’s receipt of the requester’s response to the tiveness in our National Government its citizens Mr. REID. Mr. President, I wish the agency’s request for information or clarifica- Act of 2007, also known as the OPEN record to reflect how much I appreciate tion ends the tolling period;’’. Government Act. the work of Senator LEAHY on this (d) COMPLIANCE WITH TIME LIMITS.—At I am grateful to Senator LEAHY and very important matter. The Freedom page 6, strike line II and all that follows to his staff for all their hard work on through page 7, line 4, and insert: of Information Act is something that these issues of mutual interest and na- ‘‘(b) COMPLIANCE WITH TIME LIMITS.— tional interest. A special thanks to has needed amending for some time, (1)(A) Section 552(a)(4)(A) of title 5, United Lydia Griggsby, Senator LEAHY’s coun- and I am happy we are able to do it to- States Code, is amended by adding at the end sel, for her diligence and hard work. night. the following: ‘‘(viii) An agency shall not assess search And I would like to thank and to com- I ask unanimous consent that the amendment at the desk be considered fees under this subparagraph if the agency mend Senator LEAHY for his decades- fails to comply with any time limit under long commitment to freedom of infor- and agreed to, the bill, as amended, be read three times, passed, and the mo- paragraph (6), provided that no unusual or mation. exceptional circumstances (as those terms I also want to especially thank Sen- tion to reconsider be laid upon the are defined for purposes of paragraphs (6)(B) ators KYL and BENNETT and their re- table; that any statements be printed and (C), respectively) apply to the processing spective staff members, Joe Matal and in the RECORD, with no intervening ac- of the request.’’. Shawn Gunnarson for their good faith tion or debate. (B) Section 552(a)(6)(B)(ii) of title 5, United efforts to resolve differences and move The PRESIDING OFFICER. Without States Code, is amended by inserting be- tween the first and second sentences the fol- this bill out of the Senate. We couldn’t objection, it is so ordered. The amendment (No. 2655) was agreed lowing: have done it without their cooperation to, as follows: ‘‘To aid the requester, each agency shall and fair-mindedness. make available its FOlA Public Liaison, who Open-government reforms should be The bill is amended as follows: (a) NEWS-MEDIA STATUS.—At page 4, strike shall assist in the resolution of any disputes embraced by conservatives, liberals, lines 4 though 15 and insert: between the requester and the agency.’’ and anyone who believes in the free- ‘‘The term ‘‘a representative of the news (e) STATUS OF REQUESTS.—At page 7: dom and the dignity of the individual. media’’ means any person or entity that (1) strike lines 17 through 22 and insert:

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY August 3, 2007 CONGRESSIONAL RECORD — SENATE S10991 ‘‘(A) establish a system to assign an indi- book issued under section 552(g) of title 5, On this, the most important legisla- vidualized tracking number for each request United States Code, and the agency’s annual tion we dealt with today, FISA—no one received that will take longer than ten days FOIA report, and by providing an overview, worked on it any more than you. The to process and provide to each person mak- where appropriate, of certain general cat- hours you put in on that, well past ing a request the tracking number assigned egories of agency records to which those ex- to the request; and’’ . emptions apply.’’ midnight—you were the talk of the Ju- (2) at line 23, strike ‘‘(C)’’ and insert ‘‘(B)’’. ‘‘(2) Designate one or more FOIA Public Li- diciary Committee. Even though you (f) CLEAR STATEMENT FOR EXEMPTIONS.—At aisons who shall be appointed by the Chief are a junior member of that com- page 8, strike line 19 and all that follows FOIA Officer. mittee, your experience as attorney through the end of the section and insert: GENERAL DUTIES—FOIA Public Liaisons general and as a U.S. attorney, doing ‘‘(A) if enacted prior to the date of enact- shall report to the agency Chief FOIA Officer all the good things you have done, cer- ment of the OPEN Government Act of 2007, and shall serve as supervisory officials to tainly qualified you, and people looked requires that the matters be withheld from whom a FOIA requester can raise concerns to you for guidance on that most im- the public in such a manner as to leave no about the service the FOIA requester has re- discretion on the issue, or establishes par- ceived from the FOIA Requester Center, fol- portant piece of legislation. ticular criteria for withholding or refers to lowing an initial response from the FOIA Re- I say to my friend from Rhode Island particular types of matters to be withheld; quester Center staff. FOIA Public Liaisons how fortunate we are to have you in or shall be responsible for assisting in reducing the Senate. ‘‘(B) if enacted after the date of enactment delays, increasing transparency and under- of the OPEN Government Act of 2007, specifi- standing of the status of requests, and assist- f cally cites to the Freedom of Information ing in the resolution of disputes.’’ EXECUTIVE SESSION Act.’’. ‘‘(b) EFFECTIVE DATE.—The amendments (g) PRIVATE RECORDS MANAGEMENT.—At made by this section shall take effect on the page 13, lines 14 through 15, strike ‘‘a con- date of enactment of this Act.’’. tract between the agency and the entity.’’ (i) CRITICAL INFRASTRUCTURE INFORMA- NOMINATION OF TEVI DAVID TROY and insert ‘‘Government contract, for the TION.—Strike section 12 of the bill. TO BE DEPUTY SECRETARY OF purposes of records management.’’. (h) POLICY REVIEWS, AUDITS, AND CHIEF The bill (S. 849) was ordered to be en- HEALTH AND HUMAN SERVICES FOIA OFFICERS AND PUBLIC LIAISONS.— grossed for a third reading, was read Mr. REID. Mr. President, I ask unan- Strike section 11 and insert the following: the third time, and passed. imous consent the Senate proceed to ‘‘SEC. 11. OFFICE OF GOVERNMENT INFORMA- (The bill will be printed in a future executive session, that the Finance TION SERVICES. edition of the RECORD.) Committee be discharged from the ‘‘(a) IN GENERAL.—Section 552 of title 5, United States Code, is amended by adding at f nomination of Tevi David Troy to be the end the following: AUTHORITY FOR COMMITTEES TO Deputy Secretary of Health and Human ‘‘(h) There is established the Office of Gov- REPORT Services; that the nomination be con- ernment Information Services within the Na- firmed, the motion to reconsider be tional Archives and Records Administration. Mr. REID. Mr. President, I ask unan- laid on the table, that any statements The Office of Government Information Serv- imous consent that during the recess/ be printed in the RECORD, the President ices shall review policies and procedures of adjournment of the Senate, Senate be immediately notified of the Senate’s administrative agencies under section 552, committees may file committee-re- action, and the Senate then return to shall review compliance with section 552 by ported Legislative and Executive Cal- legislative session. administrative agencies, and shall rec- endar business on Wednesday, August ommend policy changes to Congress and the The PRESIDING OFFICER. Without President to improve the administration of 29, 2007, during the hours of 10 a.m. to objection, it is so ordered. section 552. The Office of Government 1 p.m. The nomination was considered and lnfonnation Services shall offer mediation The PRESIDING OFFICER. Without confirmed, as follows: services to resolve disputes between persons objection, it is so ordered. Tevi David Troy, of New York, to be Dep- making requests under section 552 and ad- f uty Secretary of Health and Human Serv- ministrative agencies as a non-exclusive al- ices. ternative to litigation and, at the discretion APPOINTMENT AUTHORITY of the Office, may issue advisory opinions if f mediation has not resolved the dispute. Mr. REID. Mr. President, I ask unan- ‘‘(i) The Government Accountability Office imous consent that notwithstanding LEGISLATIVE SESSION shall conduct audits of administrative agen- the recess or adjournment of the Sen- The PRESIDING OFFICER. Under cies on the implementation of section 552 ate, the President of the Senate, the and issue reports detailing the results of President of the Senate pro tempore, the previous order, the Senate returns such audits. and the majority and minority leaders to legislative session. ‘‘(j) Each agency shall— be authorized to make appointments to ‘‘(1) Designate a Chief FOIA Officer who f commissions, committees, boards, con- shall be a senior official of such agency (at ORDERS FOR TUESDAY, the Assistant Secretary or equivalent level). ferences or interparliamentary con- GENERAL DUTIES.—The Chief FOIA Officer ferences authorized by law, by concur- SEPTEMBER 4, 2007 of each agency shall, subject to the author- rent action of the two Houses or by Mr. REID. Mr. President, I ask unan- ity of the head of the agency— order of the Senate. imous consent that when the Senate ‘‘(A) have agency-wide responsibility for The PRESIDING OFFICER. Without completes its business today, it stand efficient and appropriate compliance with objection, it is so ordered. the FOIA; adjourned until 12 noon, Tuesday, Sep- ‘‘(B) monitor FOIA implementation f tember 4; that on Tuesday, following throughout the agency and keep the head of the prayer and pledge, the Journal of the agency, the chief legal officer of the GOLDEN GAVEL AWARD proceedings be approved to date, the agency, and the Attorney General appro- Mr. REID. Mr. President, I have been morning hour be deemed expired, and priately informed of the agency’s perform- informed the Presiding Officer has re- the time for the two leaders be re- ance in implementing the FOIA; ceived something I have never gotten served for their use later in the day; ‘‘(C) recommend to the head of the agency such adjustments to agency practices, poli- in all the many years I have been in that there then be a period of morning cies, personnel, and funding as may be nec- the Senate, the Golden Gavel Award. business until 1 p.m., with Senators essary to improve its implementation of the For those who are listening, it is given permitted to speak therein for up to 10 FOIA; to those people who preside 100 hours, minutes each, and that the time be ‘‘(D) review and report to the Attorney and you have done that. That is tre- equally divided and controlled between General, through the head of the agency, at mendous. It is only July, but it shows the leaders or their designees; that at 1 such times and in such formats as the Attor- what a workhorse the Senator from p.m. the Senate proceed to the consid- ney General may direct, on the agency’s per- Rhode Island is. There is no better in- eration of Calendar No. 207, H.R. 2642, formance in implementing the FOIA; and ‘‘(E) facilitate public understanding of the dication than that—presiding. Of the Military Construction/Veterans Af- purposes of the FOIA’s statutory exemptions course, we will present this award to fairs appropriations. by including concise descriptions of the ex- Senator WHITEHOUSE in the first caucus The PRESIDING OFFICER. Without emptions in both the agency’s FOIA hand- we have in September. objection, it is so ordered.

VerDate Mar 15 2010 21:12 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\2007SENATE\S03AU7.PT2 S03AU7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10992 CONGRESSIONAL RECORD — SENATE August 3, 2007

DEREK A. VESTAL, 0000 JARED X. GOODWIN, 0000 ADJOURNMENT UNTIL TUESDAY, ENNIS E. WILLIAMS, 0000 MICHAEL K. GREGOIRE, 0000 SEPTEMBER 4, 2007, AT 12 P.M. JARROD L. HANZLIK, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN A. HARDING, 0000 Mr. REID. Well, it has been a long TO THE GRADE INDICATED IN THE UNITED STATES NAVY FREDERICK M. HELSEL III, 0000 UNDER TITLE 10, U.S.C., SECTION 624: hard struggle. We have accomplished a AARON L. HILL, 0000 To be lieutenant commander JOHN M. ISHIKAWA, 0000 lot. I am so glad it is time that I say: ROBERT A. LEWIS, 0000 VICTOR ALLENDE, 0000 JEFFERY L. LINDHOLM, 0000 If there is no further business, I ask DION V. ANDERSON, 0000 DAVID L. MCDEVITT, 0000 unanimous consent that the Senate DEREK D. BREEDING, 0000 ERIN E. MEEHAN, 0000 STANLEY J. BURROW, 0000 BRAD D. MELICHAR, 0000 stand adjourned under the provisions of JAMES S. CARMICHAEL, 0000 DAVID M. MICHALAK, 0000 S. Con. Res. 43. JAMES C. CHERRY, 0000 SCOTT D. MILNER, 0000 JAMES M. CHISHOLM, 0000 ROBERT A. MOORE, 0000 There being no objection, the Senate, MICHAEL A. CORRIGAN, 0000 JOHN J. NELSON, 0000 at 11:08 p.m., adjourned until Tuesday, HOLLY M. FALCONIERI, 0000 JOHN C. PHILLIPS, 0000 FRANCIS J. GAULT, 0000 ANDREW T. REEVES, 0000 September 4, 2007, at 12 p.m. RAYMOND K. HANNA, 0000 MICHAEL S. SALEHI, 0000 BRANTON M. JOAQUIN, JR., 0000 CRAIG T. SARAVO, 0000 f SCOTT LEVKULICH, 0000 MARK D. SENSANO, 0000 CHRISTOPHER A. MILLER, 0000 JOSEPH E. SISSON, 0000 NOMINATION RETURNED TO THE LUIS E. RIVERA, 0000 CHAD M. SMITH III, 0000 PRESIDENT GREGGORY D. RUSSELL, 0000 JEREMY A. SPEER III, 0000 KIMBERLY E. SCOTT, 0000 JOSEPH M. SRODA, 0000 Friday, August 3, 2007 MATTHEW M. SCOTT, 0000 EDDIE F. THOMPSON, 0000 JACINTO TORIBIO, JR., 0000 MICHAEL A. VITHA, 0000 The following nomination trans- DARREN B. WRIGHT, 0000 ROBERT W. WEDGEWORTH, 0000 DEBORAH B. YUSKO, 0000 mitted by the President of the United THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT States to the Senate during the first TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT session of the 110th Congress, and upon UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant commander UNDER TITLE 10, U.S.C., SECTION 624: which no action was had at the time of To be lieutenant commander the August adjournment of the Senate, ERIK E. ANDERSON, 0000 SCOTT P. BAILEY, 0000 JAY P. ALDEA, 0000 failed of confirmation under the provi- JOHN L. BEAVER, 0000 THOMAS R. ALLEN, 0000 sions of Rule XXXI, paragraph 6, of the OSCAR E. BOWLIN, 0000 MICHAEL R. ANDERSON, 0000 REMIL J. CAPILI, 0000 DAVID J. BERGESEN, 0000 Standing Rules of the Senate. MATTHEW A. CRYER, 0000 ISMAEL BETANCOURT, 0000 RODNEY H. ESTWICK, 0000 BERNARD BILLINGSLEY, 0000 DEPARTMENT OF JUSTICE STEPHEN E. FISHER, 0000 JOHN A. BOEHNKE, 0000 RICHARD L. BOSWORTH, 0000 REED VERNE HILLMAN, OF MASSACHUSETTS, TO BE ANDREW J. GILLESPY, 0000 RICHARD D. BUNTING, 0000 UNITED STATES MARSHAL FOR THE DISTRICT OF MAS- RICHARD A. JONES, 0000 JESSICA J. BURNS, 0000 SACHUSETTS FOR THE TERM OF FOUR YEARS. BRIAN A. KAROSICH, 0000 BRYAN D. MILLER, 0000 JEFFREY P. BUSCHMANN, 0000 f DAVID L. MURRAY, 0000 DERRICK L. CLARK, 0000 CHRISTOPHER J. PETERSON, 0000 ELIZABETH M. COCCARO, 0000 NOMINATIONS CHARLA W. SCHREIBER, 0000 MATTHEW A. CRUMP, 0000 MATTHEW L. TARDY, 0000 JASON H. DAVIS, 0000 Executive nominations received by SCOTT A. TRACEY, 0000 WADE A. DRAWDY, 0000 DANIEL Y. WANG, 0000 WENDY R. DRIVER, 0000 the Senate: JOHN B. WEBER, 0000 TYLER L. GOAD, 0000 RICHARD D. GOGAL, 0000 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EDWARD G. WEST, 0000 WILLIAM WRIGHT, 0000 RICHARD E. GREEN III, 0000 STUART ISHIMARU, OF THE DISTRICT OF COLUMBIA, TO NIKOLAUS F. GREVEN, 0000 BE A MEMBER OF THE EQUAL EMPLOYMENT OPPOR- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN B. HANSEN, 0000 TUNITY COMMISSION FOR A TERM EXPIRING JULY 1, 2012. TO THE GRADE INDICATED IN THE UNITED STATES NAVY PENNY L. HARRIS, 0000 (REAPPOINTMENT) UNDER TITLE 10, U.S.C., SECTION 624: JOEL W. HILL, 0000 To be lieutenant commander JAMES C. IRELAND, 0000 IN THE NAVY COREY M. JACOBS, 0000 LANE C. ASKEW, 0000 ADAM K. JOHNSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROLAN T. BANGALAN, 0000 DAVID C. JONES, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSHUA J. BURKHOLDER, 0000 CHRISTOS A. KOUTSOGIANNAKIS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ALISSA N. CLAWSON, 0000 JEFFERY T. LAUBAUGH, 0000 To be lieutenant commander RICHARD W. CLEMENT, 0000 PAUL M. LEWIS, 0000 JOSE CRUZ, JR., 0000 DUANE H. LINN, 0000 KATHLEEN M. BALDWIN, 0000 DANIEL K. FISHER, 0000 DANIELLE M. LUKICH, 0000 DUANE C. FRIST, 0000 TRISHA N. FRANCIS, 0000 SCOTT W. MILLS, 0000 TANYA D. LEHMANN, 0000 MATTHEW L. GHEN, 0000 MARCELLE L. MOLETT, 0000 ANDREW C. GRUBLER, 0000 HEATHER M. MYERS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSEPH S. HENDERSON, 0000 MANUEL A. ORELLANA, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOSEPH F. HERZIG, 0000 WILLIAM D. RICHMOND, 0000 UNDER TITLE 10, U.S.C., SECTION 624: PAUL G. HUGHES, 0000 KELLY M. ROBBINS, 0000 To be lieutenant commander BRIAN E. JONES, 0000 CHARLEESE R. SAMPA, 0000 PATRICK E. LANCASTER, 0000 DAVID J. SANCHEZ, 0000 MICHAEL L. FARMER, 0000 SYLVIA M. LAYNE, 0000 ROLAND T. SASAKI, 0000 MATTHEW J. LEDRIDGE, 0000 ROBERT P. LEOPOLD, 0000 WILLIAM T. SAWHILL, 0000 THOMAS S. PRICE, 0000 ALICE Y. LIBURD, 0000 ANDREW M. SCHIMENTI, 0000 JAMES M. MAHER, 0000 JONATHAN D. SCHROEDER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT D. MATTHIAS, 0000 KEVIN A. SHEEHAN, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY SIMON R. MCLAREN, 0000 CHAD E. SIMPSON, 0000 UNDER TITLE 10, U.S.C., SECTION 624: THOMAS R. MERKLE, 0000 ROBERT K. SMITH, 0000 To be lieutenant commander DAMIAN N. NGO, 0000 THOMAS A. SMITH, 0000 JASON T. NICHOLS, 0000 DAVID L. SOBBA, 0000 SUZANNA G. BRUGLER, 0000 ROBERT R. PATTO, JR., 0000 MICHAEL P. STEAD, 0000 MARTIN T. CLARK, 0000 DAVID P. PERRY, 0000 ANDREW T. STEELE, 0000 WILLIAM H. CLINTON, 0000 PAUL M. SALEVSKI, 0000 MARK A. STELIGA, 0000 STEVE M. CURRY, 0000 ANTHONY T. SAXON, 0000 BRADLEY J. STOREY, 0000 JOHN E. GAY, 0000 WILLIAM D. SEEGAR, JR., 0000 LEA G. SUTTON, 0000 SUSAN D. HENSON, 0000 DALE H. SHIGEKANE, 0000 MICHAEL S. TERKANIAN, 0000 MARK C. JONES, 0000 KEVIN J. SMITH, 0000 JASON W. VANFOEKEN, 0000 WILLIAM M. KAFKA, 0000 JIMMY J. STORK, 0000 DAVID C. VARONA, 0000 JAMES T. KROHNE, JR., 0000 SAMUEL E. TIMMONS, JR., 0000 FRANK W. VEGERITA II, 0000 TAMARA D. LAWRENCE, 0000 NATHAN A. WALKER, 0000 LAWRENCE C. WILCOCK, 0000 ALLISON J. MYRICK, 0000 SHALALIA I. WESLEY, 0000 JOHNATHAN L. WILLIAMS, 0000 JOHN P. PERKINS, 0000 RICHARD M. ZAMORA, 0000 CHRISTOPHER J. WORRET, 0000 ERIK J. REYNOLDS, 0000 ERIC D. WYATT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant commander UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant commander To be lieutenant commander SHARON D. BARNES, 0000 ALDRITH L. BAKER, 0000 ADRIAN Z. BEJAR, 0000 DARYL G. ADAMSON, 0000 SADYRAY M. CARINO, 0000 JOSE E. BERRIOS, 0000 JEFFREY D. ADKINS, 0000 JEREMY L. DUEHRING, 0000 CHRISTOPHER M. BIGGS, 0000 RICHARD T. ALLEN, 0000 JASON A. HUDSON, 0000 SCOTT T. BROWN, 0000 RONNIE E. ARGILLANDER, 0000 TERRI N. JONES, 0000 ROBERT C. CADENA, 0000 PETER AZZOPARDI, 0000 CLAUDE M. MCROBERTS, 0000 FRANK R. COWAN IV, 0000 DOUGLAS E. BAILLIE, 0000 LAURA J. MURRELL, 0000 DEMARIUS DAVIS, 0000 TONY C. BAKER, 0000 MARIA V. NAVARRO, 0000 JOSEPH G. DELAROSA, 0000 MICHAEL E. BALL, 0000 RAJSHAKER G. REDDY, 0000 GABRIEL T. DENNIS, 0000 MICHAEL J. BEAL, 0000 HERMAN L. REED, 0000 VICTOR R. FIGUEROA, 0000 STEVEN G. BEALL, 0000 LOREN S. REINKE, 0000 KALLIE D. FINK, 0000 DOUGLAS S. BEAN, 0000 SHANE D. RICE, 0000 DAVID C. FLETCHER, 0000 MATTHEW P. BEARE, 0000 BRENDA M. STENCIL, 0000 GENE D. GALLAHER, 0000 KEVIN R. BECK, 0000

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RAFAEL BELLIARD, 0000 ANTHONY M. PECORARO, 0000 EPI ATENCIO, 0000 RALPH E. BETTS, 0000 PAUL H. PLATTSMIER, 0000 KENNETH M. ATHANS, 0000 JOHN C. BLACKBURN, 0000 BARRY A. POLK, 0000 MICHAEL L. ATWELL, 0000 KENNETH E. BLAIR, 0000 GEORGE A. PORTER, 0000 STEPHEN A. AUDELO, 0000 SCOTT R. BONSER, 0000 ROBERT L. PROSSER, 0000 SPENCER P. AUSTIN, 0000 SHAUN J. BOYD, 0000 DAVID T. PURKISS, 0000 GILBERT AYAN, 0000 RONALD J. BRABANT, 0000 RORY S. REAGAN, 0000 BRIAN L. BABIN, 0000 CHARLES H. BRAGG, 0000 SHAWN J. REAMS, 0000 JOHN A. BACHMORE, 0000 ROBERT T. BRANDT, 0000 JAMES C. REEVES, 0000 SHELBY Y. BAECKER, 0000 STEPHENS BROUSSARD, 0000 STEVEN T. REITH, 0000 JOSEPH A. BAGGETT, 0000 HENRY R. BROWN, 0000 JOHN M. REYNOLDS, 0000 CASEY B. BAKER, 0000 MICHAEL D. BROWN, 0000 MICHAEL P. RILEY, 0000 EDGAR M. BAKER, 0000 RUSSELL D. BROWN, 0000 TODD D. RILEY, 0000 JEFFREY D. BAKER, 0000 DUSTIN M. BRUMAGIN, 0000 DAVID P. ROBERTS, 0000 ZATHAN S. BAKER, 0000 DAVID A. BRYANT, 0000 JAMES M. ROBINSON, 0000 ANDREW J. BALLINGER, 0000 PETER J. BURGOS, 0000 DEAN R. RODRIGUEZ, 0000 ROBERTO A. BARBOSA, 0000 REGINAL J. CALLES, 0000 VICTOR H. ROMANO, 0000 ADAM W. BARNES, 0000 GEORGE F. CHAMPION, JR., 0000 CHRISTOPHER G. ROSS, 0000 CHRISTOPHER R. BARNES, 0000 KEVIN P. CHILDRE, 0000 LEANDER J. SACKEY, 0000 RAYMOND F. BARNES, JR., 0000 BRUCE C. COLKITT, 0000 DAVID W. SALAK, 0000 RYAN C. BARNES, 0000 KENNETH C. COLLINS II, 0000 KENNETH B. SANCHEZ, 0000 THOMAS A. BAUMSTARK, 0000 MARVIN D. COLLINS, 0000 WESLEY S. SANDERS, 0000 JONATHAN R. BEAR, 0000 MICHAEL G. CONNER, 0000 ROBERT P. SAUNDERS, JR., 0000 QUINCY E. BEASLEY, 0000 ROGER M. COUTU, JR., 0000 JOHN L. SCALES, 0000 WILLIAM M. BEATY, 0000 CATHERINE A. COWELL, 0000 RONALD A. SCHNEIDER, 0000 JOHN R. BECKER, 0000 PETER CRESCENTI, 0000 THOMAS R. SCHROCK, 0000 THOMAS A. BELL, 0000 DONALD F. CRUMPACKER, 0000 JACKIE A. SCHWEITZER, 0000 NOAH S. BELLRINGER, 0000 GUS R. CUYLER, JR., 0000 MICHAEL K. SEATON, 0000 WILLIAM A. BEST, 0000 JAMES S. DANCER, 0000 LAWRENCE A. SECHTMAN, 0000 RYAN K. BETTON, 0000 BILLY M. DANIELS, 0000 MARTIN D. SHARPE, 0000 MANUEL A. BIASCOECHEA, 0000 FREDERICK V. DEHNER, 0000 SCOTT E. SHEA, 0000 JOSHUA D. BIGHAM, 0000 WILLIAM R. DONNELL, JR., 0000 JEFFREY R. SHIPMAN, 0000 BRYAN J. BILLINGTON, 0000 LAWRENCE D. DOWLING, JR., 0000 GARY K. SMITH, 0000 BRIAN A. BINDER, 0000 ROBERT E. DUCOTE, 0000 WAYNE D. SMITH, 0000 BLAINE S. BITTERMAN, 0000 DUANE E. DUNIVAN, 0000 STEVEN L. SOLES, 0000 NATHAN R. BITZ, 0000 JOHN J. DUNNE, 0000 TIMOTHY C. SPENCE, 0000 R. W. BLIZZARD, 0000 ARTHUR M. DUVALL, 0000 PAUL B. SPRACKLEN, 0000 THOMAS T. BODINE, 0000 MARTIN J. EBERHARDT, 0000 WILLIAM C. STAMEY, 0000 ERIK BODISCOMASSINK, 0000 WILLIAM E. EDENBECK, 0000 VINCENT T. STANLEY, 0000 TIMOTHY C. BOEHME, 0000 STEVEN D. ELIAS, 0000 MARK A. STONE, 0000 MATTHEW A. BOGUE, 0000 PAUL S. ELLIS, 0000 FREDDIE D. STRAIN, 0000 EUGENE N. BOLTON, 0000 DENNIS EVANS, 0000 MALCOLM L. STRUTCHEN, 0000 CHARLES J. BORGES, 0000 ALAN D. FEENSTRA, 0000 WENDY M. SUESS, 0000 MICHAEL P. BORRELLI, 0000 STEVEN T. FILES, 0000 ROBIN L. SUNTHEIMER, 0000 PATRICK W. BOSSERMAN, 0000 JOHN J. FORD, 0000 PATRICK H. SUTTON, 0000 DAVID S. BOUGH, 0000 DAVID P. FREDRICKSON, 0000 QUINTIN G. TAN, 0000 EDWIN W. BOUNDS, 0000 ARTHUR C. FULLER, 0000 REYNALDO T. TANAP, 0000 SILAS L. BOUYER II, 0000 JOHN J. GALLAGHER, JR., 0000 STEVEN C. TERREAULT, 0000 COLIN K. BOYNTON, 0000 GREGORY G. GALYO, 0000 KIMBALL B. TERRES, 0000 JARED S. BRADEL, 0000 DONALD W. GIBSON, 0000 ANTHONY E. THARPE, 0000 BRIAN A. BRADFORD, 0000 KARL G. GILES, 0000 CHARLES THOMAS, JR., 0000 CHARLES B. BRADY III, 0000 JOSELITO O. GONZALES, 0000 MICHAEL L. THOMPSON, 0000 DEREK BRADY, 0000 CORY M. GROOM, 0000 ROBERT E. THOMPSON, 0000 JAMES S. BRADY, 0000 RICHARD R. GROVE, JR., 0000 KEITH A. TUKES, 0000 JASON E. BRAGG, 0000 GARY G. GUNLOCK, 0000 JOHNNY L. TURNER, 0000 PAUL S. BRANTUAS, 0000 PHILLIP A. GUTIERREZ, 0000 EDWARD TWIGG III, 0000 SAMUEL P. BRASFIELD III, 0000 ROGER A. HAHN, 0000 LAWRENCE W. UPCHURCH, 0000 ANTHONY W. BRINKLEY, 0000 JAMES D. HAIR, 0000 JOEL A. VARGAS, 0000 CYNTHIA J. BRITTINGHAM, 0000 WILLIAM P. HARRAH, 0000 JOSEPH A. VARONE, 0000 DANIEL E. BROADHURST, 0000 DAVID A. HARRIS, 0000 GREGORY A. VERLINDE, 0000 JOSEPH M. BROMLEY, 0000 DONALD W. HARTSELL, JR., 0000 ALEC C. VILLEGAS, 0000 DAVID P. BROOKS, 0000 KEVIN M. HAYDEN, 0000 TIMOTHY VONDERHARR, 0000 MARK J. BROPHY, 0000 OLIVER R. HERION, 0000 SCOTT H. WADE, 0000 RANDALL D. BROUSSARD, 0000 JAMES B. HICKS, 0000 DAVID L. WALKER, 0000 CHRISTOPHER A. BROWN, 0000 NICHOLAS W. HILL, 0000 MATTHEW W. WALSH, 0000 EUGENE L. BROWN, 0000 JAMES E. HOCH, 0000 STEVEN T. WALTNER, 0000 LEE C. BROWN, 0000 DAVID G. HOFFMAN, 0000 DAVID G. WATSON, 0000 NATHANIEL H. BROWN, 0000 KENNETH L. HOLLAND, 0000 TODD A. WEAVER, 0000 ELAINE A. BRUNELLE, 0000 DOUGLAS E. HOUSER, 0000 THOMAS M. WEISHAR, 0000 SCOTT P. BRUNSON, 0000 BOBBY C. JACKSON, 0000 SELVIN A. WHITE, 0000 MATHEW C. BRYANT, 0000 EDWARD G. JASO, 0000 WILLIAM H. WHITE, 0000 JACOB J. BRYNJELSEN, 0000 MARK D. KAES, 0000 DWAINE C. WHITHAM, 0000 JASON A. BUCKLEY, 0000 MARK J. KERN, 0000 EDWARD E. WILBUR II, 0000 TIMOTHY J. BUCKLEY, 0000 NORMAN G. KOSTUCK, JR., 0000 WILLIAM J. WILBURN, 0000 HOMER E. BUEN, 0000 LURA L. LARSEN, 0000 CHRISTOPHER G. WILLIAMS, 0000 DOUGLAS J. BURFIELD, 0000 WILLIAM J. LAURENT, 0000 JAMES M. WINFREY, 0000 JAY A. BURGESS, 0000 STEVEN P. LEARO, 0000 FRANKLIN C. WOLFF, 0000 JASON F. BURK, 0000 CHRISTOPHER LEDLOW, 0000 EARL A. WOOTEN, 0000 MICHAEL J. BURKS, 0000 EDWARD M. LEE, 0000 TONI Y. WRIGHT, 0000 ROBERT S. BURNS, 0000 RANDALL G. LEE, 0000 ALEJANDRO D. YANZA, 0000 PATRICK BURRUS, 0000 JEFFREY LETSINGER, 0000 MICHAEL D. YELANJIAN, 0000 JOHN R. BUSH, 0000 DAVID N. LEWIS, 0000 MILTON BUTLER III, 0000 GERALD D. LEWIS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KIMBERLY D. BYNUM, 0000 TAMI M. LINDQUIST, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY RUSSELL J. CALDWELL, 0000 DAVID D. LITTLE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: SHANNON L. CALLAHAN, 0000 THOMAS J. LONGINO, 0000 To be lieutenant commander WILLIAM CALLAHAN, 0000 ALAN G. MACNEIL, 0000 DAVID R. CAMBURN, 0000 LAURA L. MALLORY, 0000 JEFFREY J. ABBADINI, 0000 ROBERT A. CAMPBELL, 0000 DENNIS S. MARION, 0000 REBECCA M. D. ADAMS, 0000 BURT J. CANFIELD, 0000 PAUL J. MARTIN, JR., 0000 RYAN P. AHLER, 0000 TIMOTHY D. CANNADA, 0000 WANDA D. MARTIN, 0000 JAMES T. AIKIN II, 0000 CHRISTOPHER L. CANNIFF, 0000 ANTHONY J. MATA, 0000 EVERETT M. ALCORN, JR., 0000 MARCOS D. CANTU, 0000 GREGORY L. MCGILL, 0000 STEPHEN W. ALDRIDGE, 0000 DARREL J. CAPO, 0000 BRADLEY H. MCGUIRE, 0000 CHRISTOPHER T. ALEXANDER, 0000 JOEL M. CAPONIGRO, 0000 TODD A. MCINTYRE, 0000 TIMOTHY J. ALIM, 0000 ROBERT L. CAPRARO, 0000 DANIEL F. MCKIM, 0000 LAUREN B. ALLEN, 0000 PAOLO CARCAVALLO, JR., 0000 TIMOTHY J. MEAD, 0000 ERNESTO R. ALMONTE, 0000 NICK A. CARDENAS, 0000 LEO C. MELODY, 0000 GERVY J. ALOTA, 0000 KEVIN L. CARLISLE, 0000 ROBERT E. MERRILL, 0000 GALEN R. ALSOP, 0000 JESSE E. CARPENTER, 0000 JACK D. MILLER, 0000 BRIAN S. AMADOR, 0000 JAMES M. CARRIERE, 0000 ROCCO F. MINGIONE, JR., 0000 PETER AMENDOLARE, 0000 JAMES N. CARROLL, 0000 OLIVER C. MINIMO, 0000 DAVID W. ANDERSON, 0000 TODD D. CARROLL, 0000 DENNIS MOJICA, 0000 ERIC W. ANDERSON, 0000 CHRISTOPHER D. CARTER, 0000 KEVIN A. MORGAN, 0000 JEFFREY A. ANDERSON, 0000 MARK A. CARTER, 0000 DENIS E. MURPHY, 0000 JUSTIN W. ANDERSON, 0000 THOMAS B. CARTER, 0000 STEPHEN J. NADOLNY, 0000 SCOTT T. ANDERSON, 0000 JAMES K. CARVER, 0000 SCOTT A. NOE, 0000 EDWARD A. ANGELINAS, 0000 DAVID J. CASTEEL, 0000 BRIAN S. NORRIS, 0000 MARK A. ANGELO, 0000 CAREY F. CASTELEIN, 0000 RODNEY J. NORTON, 0000 JASON L. ARGANBRIGHT, 0000 JOHN D. CASTILLO, 0000 BRIAN A. NOVAK, 0000 MATTHEW T. ARMSTRONG, 0000 GABRIEL B. CAVAZOS, 0000 MARK A. NOWALK, 0000 JOHN B. ARNAUD, 0000 BRIAN J. CEPAITIS, 0000 ANTONIO M. OCAMPO, 0000 EDWARD B. ARNOLD, 0000 BLAKE L. CHANEY, 0000 JOHN A. OMAN, 0000 CHRISTOPHER W. ARTIS, 0000 DEWON M. CHANEY, 0000 JOSE W. OTERO, 0000 MARK S. ASAHARA, 0000 JONATHAN S. CHANNELL, 0000 RAYMOND F. PARIS, 0000 AARON J. ASCHENBRENNER, 0000 MICHAEL R. CHAPARRO, 0000 GREG M. PASSONS, 0000 JARED T. ASMAN, 0000 MATTHEW E. CHAPMAN, 0000 DAVID C. PAYNE, 0000 ANTHONY C. ASP, 0000 CHRISTOPHER CHARLEYSALE, 0000

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MATTHEW R. CHASTEEN, 0000 JOHN K. FLEMING, 0000 JASON HYND, 0000 PETER J. CHAVERIAT, 0000 EDWARD K. FLOYD, 0000 JEFFREY J. IMMEL, 0000 TONY CHAVEZ, 0000 STEVEN W. FOLEY, 0000 RICHARD J. ISAAK, 0000 ADAM G. CHEATHAM, 0000 BENJAMIN J. FOLKERS, JR., 0000 MICHAEL H. JACKSON, 0000 THOMAS G. CHEKOURAS, 0000 JENNIFER L. FORBUS, 0000 ROGER S. JACOBS, 0000 SCOTT M. CHIEREPKO, 0000 TONREY M. FORD, 0000 TODD A. JACOBS, 0000 JARED B. CHIUROURMAN, 0000 MEGHAN B. FOREHAND, 0000 CHARLES J. JAMESON, 0000 CHARLES M. CHOATE III, 0000 DAVID S. FORMAN, 0000 JONATHAN A. JECK, 0000 KENNETH Y. CHONG, 0000 MARK T. FORSTNER, 0000 BRUCE L. JENNINGS, 0000 MATTHEW W. CIESLUKOWSKI, 0000 STEPHEN C. FORTMANN, 0000 KENNETH M. JENSEN, 0000 MICHAEL F. CLAPP, 0000 VINCENT A. FORTSON, 0000 JAMES P. JEROME, 0000 GILBERT E. CLARK, JR., 0000 HANS A. FOSSER, 0000 KENNETH L. JIPPING, 0000 TIMOTHY M. CLARK, 0000 JASON P. FOX, 0000 WILLIAM A. JOHANSSON, 0000 PAUL D. CLARKE, 0000 WILLIAM D. FRANCIS, JR., 0000 CORY P. JOHNSON, 0000 ADAM C. CLAYBROOK, 0000 SHAWN E. FRAZIER, 0000 MARK A. JOHNSON, 0000 MARK A. CLOSE, 0000 MARK B. FREITAG, 0000 MICHAEL R. JOHNSON, 0000 CHRISTOPHER A. COCHRAN, 0000 BRIAN D. FREMMING, 0000 SHAWN E. JOHNSON, 0000 DANIEL D. COCHRAN, 0000 KENNETH J. FROBERG, 0000 GARTH A. JOHNSTON, 0000 DAVID J. COE, 0000 JOHN T. FRYE, 0000 RUSSELL W. JOHNSTON, 0000 JOHN D. COKER, 0000 JOHN D. GAINEY IV, 0000 HOWARD L. JONES, 0000 ERIC D. COLE, 0000 RUBEN GALVAN, 0000 JAMES R. JONES, 0000 PATRICK E. COLE, 0000 NEAL T. GARBETT, 0000 STEVEN C. JONES, 0000 BENJAMIN D. CONE, 0000 MICHAEL J. GARCIA, 0000 MICHAEL D. KAMPFE, 0000 BRIAN D. CONWAY, 0000 ANTHONY M. GARRETT, 0000 ALLAN B. KARLSON, 0000 GREGORY R. COOKE, 0000 CHRISTOPHER W. GAVIN, 0000 PETER H. KARVOUNIS, 0000 NAKIA M. COOPER, 0000 ALBERT H. GEIS, JR., 0000 BRANDON S. KASER, 0000 ALAN M. COPELAND, 0000 ROBERT J. GELINAS, 0000 KEITH C. KAUFFMAN, 0000 JOHN C. CORRELL, 0000 ANDREW D. GEPHART, 0000 REGINA P. F. KAUFFMAN, 0000 JOSEPH W. CORTOPASSI, 0000 CHRISTOPHER M. GIACOMARO, 0000 PAUL J. KAYLOR, 0000 BRENT J. COTTON, 0000 CHRISTOPHER M. GIGGI, 0000 DANIEL J. KEELER, 0000 ADAN J. COVARRUBIAS, 0000 ANDREW H. GILBERT, 0000 JOSHUA L. KEEVER, 0000 SHAWN M. COWAN, 0000 HORACE E. GILCHRIST II, 0000 PATRICK A. KELLER, 0000 DAVID S. COX, 0000 CHRISTOPHER S. GILMORE, 0000 KENNETH M. KERR, 0000 TIMOTHY G. CRAIG, 0000 ADAM M. GOLDBERG, 0000 STEPHEN J. KERR, 0000 BRADFORD P. CRAIN, 0000 TARA S. GOLDEN, 0000 JASON T. KETELSEN, 0000 JASON R. CRAIN, 0000 CHRISTIAN P. GOODMAN, 0000 DAVID K. KILLIAN, 0000 CLARKE S. CRAMER, 0000 DEMIAN C. GOUGH, 0000 ROBERT B. KIMNACH III, 0000 RUSSELL N. CRAWFORD, JR., 0000 WILLIAM N. GRANTHAM, 0000 TERENCE K. KING, 0000 CURTIS W. CRONIN, 0000 DAVID C. GRATTAN, 0000 MICHAEL J. KINSELLA, 0000 MICHAEL C. CROUSE, 0000 BRIAN W. GRAVES, 0000 JASON D. KIPP, 0000 CURTIS W. CRUTHIRDS, 0000 DOUGLAS T. GRAY, 0000 JEFFREY A. KJENAAS, 0000 MATTHEW D. CULP, 0000 JOSEPH M. GREENSLADE, 0000 JOSEPH P. KLAPATCH, 0000 BRIAN G. CUNNINGHAM, 0000 ANDREW J. GREENWOOD, 0000 THEODORE B. KLEINBERG, 0000 CHRISTOPHER J. DAHL, 0000 ROBERT J. GRIFFITH, 0000 KEN J. KLEINSCHNITTGER, 0000 CHARLES E. DALE III, 0000 CHRISTOPHER C. GROVES, 0000 WILLIAM C. KLUTTZ, 0000 CHRISTINA L. DALMAU, 0000 JASON P. GROWER, 0000 THOMAS J. KNEALE, JR., 0000 ROBERT B. DANBERG, JR., 0000 BRIAN C. GUISE, 0000 DAVID V. KNEELAND, 0000 SCOTT E. DANTZSCHER, 0000 LUCAS B. GUNNELS, 0000 SEAN P. KNIGHT, 0000 DWIGHT M. DAVIS, 0000 KAITAN P. GUPTA, 0000 MELVIN L. KNOX III, 0000 MARC E. DAVIS, 0000 JASON M. GUSTIN, 0000 RAYMOND T. KOEMP, 0000 TIMOTHY P. DAVIS II, 0000 BRIAN J. HAGGERTY, 0000 JEFFREY R. KORZATKOWSKI, 0000 DANA A. DECOSTER, 0000 DONALD G. HALEY, 0000 COLLEEN M. KOSLOSKI, 0000 SARAH H. DEGROOT, 0000 ERIK W. HALL, 0000 SANDRA L. KOSLOSKI, 0000 BRIAN S. DEJARNETT, 0000 JOHN J. HALL, 0000 CHRISTOPHER J. KREIER, 0000 ADAM C. DEJESUS, 0000 MICHAEL D. HALL, 0000 ERIC C. KRUEGER, 0000 CHRISTOPHER H. DELGADO, 0000 SHAWN D. HALL, 0000 WILLIAM W. KURTZ, JR., 0000 WILLIAM G. DELMAR, 0000 PETER F. HALVORSEN, 0000 KYLE D. LACEY, 0000 MARC R. DELTETE, 0000 JOHN T. HAMITER, JR., 0000 TODD I. LADWIG, 0000 RORKE T. DENVER, 0000 EDMUND J. HANDLEY, 0000 WILLIAM LAMPING III, 0000 KENDRA M. DEPPE, 0000 DAVID J. HANEY, 0000 JEREMY M. LANEY, 0000 MICHAEL P. DESMOND, 0000 MARK W. HANEY, 0000 PAULA A. LANGILLE, 0000 DOUGLAS D. DIEHL, 0000 RICHARD T. HANNA, JR., 0000 SHANE A. LANSFORD, 0000 TIMOTHY J. DIERKS, 0000 THOMAS S. HANRAHAN, 0000 THOMAS E. LANSLEY, 0000 DARYL M. DODD, 0000 PETER L. HANSEN, 0000 BRIAN LARMON, 0000 CHRISTOPHER J. DOMENCIC, 0000 GARY A. HARRINGTON II, 0000 SCOTT W. LARSON, 0000 MARK D. DOMENICO, 0000 CHRISTOPHER W. HARRIS, 0000 RYAN E. LAWRENZ, 0000 JARROD D. DONALDSON, 0000 DAVID F. HARRIS, 0000 LAY C. LAY, 0000 CHRISTOPHER D. DOTSON, 0000 ROBERT E. HART, JR., 0000 DAVID N. LEATHER, 0000 KENNETH S. DOUGLAS, 0000 JUSTIN L. HARTS, 0000 CHRISTOPHER LEE, 0000 CLINTON L. DOWNING, 0000 MICHAEL P. HARVEY II, 0000 DUSTIN E. LEE, 0000 MATTHEW E. DOYLE, 0000 KAZUNORI S. HASHIGAMI, 0000 PAUL LEE, 0000 MARC A. DRAGE, 0000 HEIDI D. HASKINS, 0000 JEREMY L. LEIBY, 0000 BRIAN M. DRECHSLER, 0000 AMANDA A. M. HAWKINS, 0000 DAVID C. LEIKER, 0000 JOSEPH M. DROLL, 0000 CHRISTOPHER N. HAYTER, 0000 DANA M. LEINBERGER, 0000 DERRICK A. DUDASH, 0000 GARETH J. HEALY, 0000 CHARLES LEONARD, 0000 DARREN T. DUGAN, 0000 THOMAS H. HEALY, 0000 KENT M. LEONARD, 0000 DANIEL P. DUHAN, 0000 ROBERT A. HEELY, JR., 0000 JOSEPH L. LEPPO, 0000 ROBERT A. DULIN, 0000 TRACY L. HEGGLUND, 0000 SHANE M. LESTEBERG, 0000 MICHAEL G. DULONG, 0000 KURT A. HELGEMOE, 0000 ANDRE B. LESTER, 0000 DAVID P. DURKIN, 0000 KEITH A. HENDERSON, 0000 BRETT M. LEVANDER, 0000 PHILLIP A. DYE, 0000 NATALIA C. HENRIQUEZ, 0000 JOSEPH M. LEVY, 0000 JENNIFER L. EATON, 0000 TIMOTHY S. HENRY, 0000 BENJAMIN M. LIBBY, 0000 MATTHEW J. EBERHARDT, 0000 NORMAN K. HEPLER, JR., 0000 KENNETH R. LIEBERMAN, 0000 DAVID L. EDGERTON, 0000 ALEJANDRO M. HERNANDEZ, 0000 MATTHEW E. LIGON, 0000 JAMES A. EDMONDS, 0000 EDWARD A. HERTY IV, 0000 RYAN J. LILLEY, 0000 MICHAEL A. EDWARDS, 0000 DAVID L. HICKEY, 0000 HENRY H. LIN, 0000 TREVOR D. ELLIS, 0000 JEFFREY W. HIGHERS, 0000 CHRISTOPHER C. LINDBERG, 0000 SCOTT H. ELROD, 0000 CHRISTOPHER J. HIGHLEY, 0000 ERIC D. LINDGREN, 0000 ERIC M. EMERY, 0000 RYAN D. HILL, 0000 CHAD J. LIVINGSTON, 0000 BRIAN C. EMME, 0000 EDWARD A. HOAK, 0000 MICHAEL S. LLENZA, 0000 JASON T. ERICKSON, 0000 MARK T. HOBDY, 0000 JAMES P. LOMAX, 0000 JOHN D. ERICKSON, 0000 JEFFREY E. HOBERG, 0000 JOHN M. LONG, 0000 RICARDO A. ESCALANTE, 0000 ROBERT A. HOCHSTEDLER, 0000 TIMOTHY J. LONG, 0000 MICHAEL A. ESPARZA, 0000 ANDREW A. HOEKSTRA, 0000 DEWEY A. LOPES, 0000 THEODORE E. ESSENFELD, 0000 KEVIN J. HOFFMAN, 0000 CHRISTOPHER J. LORD, 0000 JOHN E. ETHRIDGE II, 0000 BRIAN L. HOLMES, 0000 CHRISTOPHER A. LOVELACE, 0000 ROY C. EVANS, 0000 DAVID C. HOLMES, 0000 ERIC H. LULL, 0000 JOHN EVEGES III, 0000 PASCAL W. HOLMES, 0000 ROBERT D. LUSK, 0000 RANDALL E. EVERLY, 0000 RONALD M. HOLMES, 0000 WILLIAM T. LUTGEN, JR., 0000 ANTHONY FACCHINELLO, 0000 TODD H. HOMAN, 0000 JOHN W. LYNCH, 0000 LOUIS A. FAIELLA, 0000 STEVEN N. HOOD, 0000 JOSEPH K. LYON, 0000 AUSTIN D. FALL, 0000 CHRISTOPHER T. HORGAN, 0000 MATTHEW R. MAASDAM, 0000 WILLIAM P. FALLON, 0000 KYLE M. HORLACHER, 0000 BRIAN K. MABRY, 0000 MICHEL C. FALZONE, 0000 KARL G. HORNER III, 0000 WALTER C. MAINOR, 0000 CHRISTOPHER M. FARRICKER, 0000 BRAD D. HORNING, 0000 GEORGE S. MAJOR, 0000 RYAN M. FARRIS, 0000 PATRICK W. HOURIGAN, 0000 GREGORY P. MALANDRINO, 0000 ANTHONY V. FARRUGIA, 0000 MICHAEL P. HOWE, 0000 JAMES R. MALONE, 0000 RICK A. FEESE, 0000 JAMES B. HOWELL, 0000 SHAWN M. MALONE, 0000 CHAD A. FELLA, 0000 HOLLY A. HOXSIE, 0000 BRIAN M. MALONEY, 0000 PAUL J. FENECH, 0000 JAMES M. HOYSRADT II, 0000 CARINA E. MALONEY, 0000 SEAN M. FERGUSON, 0000 DAVID S. HUGHES, 0000 MATTHEW J. MALONEY, 0000 PATRICE J. P. FERNANDES, 0000 GEOFFREY D. HUGHES, 0000 DENNIS N. MALZACHER, JR., 0000 NICHOLAS P. FERRATELLA, JR., 0000 MARK A. HUGHES, 0000 JODY W. MANDEVILLE, 0000 ARJUNA FIELDS, 0000 SCOTT H. HULETT, 0000 RICHARD MANGLONA, 0000 LUIS M. FIGUEROA, 0000 CHRISTOPHER S. HULITT, 0000 SHANE T. MARCHESI, 0000 JOSEPH M. FIKSMAN, 0000 ROBERT S. HUSCHAK, 0000 JEREMY J. MARKIN, 0000 MICHAEL B. FINN, 0000 ABIGAIL A. HUTCHINS, 0000 CHRISTOPHER L. MARKS, 0000

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CHARLES P. MARRONE, 0000 RICHARD D. PAYNE, 0000 TERRENCE M. SHASHATY, 0000 HARRY L. MARSH, 0000 STEVEN M. PEACE, 0000 SOJOURN D. SHELTON, 0000 MICHAEL J. MARTHALER, 0000 DAVID L. PEDERSEN, 0000 KEITH J. SHERER, 0000 JOSHUA G. MARTIN, 0000 BRIAN E. PEDROTTY, 0000 COLBY W. SHERWOOD, 0000 SHANNON A. MARTIN, 0000 DOUGLAS J. PEGHER, 0000 JAMES E. SHIPMAN, 0000 BRIAN A. MARTINEZ, 0000 BRIAN J. PELLETIER, 0000 JOSEPH B. SHIPP, 0000 MIGUEL R. MARTINEZ, 0000 CLAYTON M. PENDERGRASS, 0000 AARON F. SHOEMAKER, 0000 JONATHAN A. MARVELL, 0000 CHRISTOPHER D. PEPPEL, 0000 PETER M. SHOEMAKER, 0000 CHRISTOPHER E. MARVIN, 0000 NOLAN K. PERRY, JR., 0000 HOLLY B. SHOGER, 0000 BENJAMIN J. MASOG, 0000 ERICK A. PETERSON, 0000 AARON P. SHULER, 0000 WALTER B. MASSENBURG, JR., 0000 JOSHUA H. PETERSON, 0000 ANDREW J. SHULMAN, 0000 GABRIEL A. MAULDIN, 0000 EDWIN L. PHILLIPS, 0000 DAVID A. SIGLER, 0000 MITCHELL S. MCCALLISTER, 0000 MARC A. PICARD, 0000 BENJAMIN C. SIGURDSON, 0000 GILL H. MCCARTHY, 0000 SCOTT A. PICHETTE, 0000 RICHARD A. SILVA, 0000 MILTON B. MCCAULEY, 0000 KENNETH S. PICKARD, 0000 DAVID K. SILVERMAN, 0000 CARLTON J. MCCLAIN, 0000 NICHOLAS A. PINSON, 0000 SCOTT A. SIM, 0000 CHRISTOPHER MCCONNAUGHAY, 0000 LEIGHTON J. PITRE, 0000 BRIAN G. SIMS, 0000 RYAN D. MCCRILLIS, 0000 JASON C. PITTMAN, 0000 TODD M. SINCLAIR, 0000 GRADY S. MCDONALD, 0000 MATTHEW R. PLAISIER, 0000 DAVID W. SKAROSI, 0000 JAMES D. MCDONALD, 0000 MATTHEW V. POLZIN, 0000 BRIAN L. SKUBIN, 0000 JONATHAN A. MCELLROY, 0000 JASON R. POMPONIO, 0000 SEAN L. SLAPPY, 0000 KALAN M. MCEUEN, 0000 DALLAS L. POPE, 0000 KENDALL SLATTON, 0000 DANIEL B. MCFALL, 0000 JOHN D. PORADO, 0000 ANDRIA L. SLOUGH, 0000 JOHN E. MCGEE III, 0000 MICHAEL M. POSEY, 0000 ALBERT SMITH, 0000 KEVIN T. MCGEE, 0000 MARK E. POSTILL, 0000 ANTHONY F. SMITH, 0000 ROBERT A. MCGILL, 0000 JASON S. PREISS, 0000 CHARLES A. SMITH, JR., 0000 SHANTI H. MCGOVERN, 0000 DANIEL E. PRICE, JR., 0000 CHRISTOPHER E. SMITH, 0000 AARON N. MCGOWAN, 0000 CHARLES T. PRIM, 0000 CHRISTOPHER T. SMITH, 0000 THOMAS S. MCGOWAN, 0000 ROBERT S. PUDNEY IV, 0000 JOSHUA A. SMITH, 0000 JEFFREY M. MCGRADY, 0000 MICHAEL T. PUFFER, 0000 KEEVIN L. SMITH, 0000 MATTHEW S. MCGRAW, 0000 THEODORE M. O. QUIDEM, 0000 KENT D. SMITH, 0000 ROBERT A. MCGREGOR, 0000 ROBERT L. RADAK, JR., 0000 WARREN D. SMITH, 0000 BRIAN W. MCGUIRK, 0000 JOSEPH A. RAEZ, 0000 JOSEPH W. SMOTHERMAN, 0000 AMY M. MCINNIS, 0000 ROBERT E. RALPHS, 0000 GUY M. SNODGRASS, 0000 JAMES F. MCKENNA, 0000 VICTORIO A. RAMIREZ, 0000 MATTHEW A. SOBECKI, 0000 SIMON C. MCKEON, 0000 DOUGLAS E. RAMSEY, 0000 JOSEPH B. SORRELL, 0000 WILLIAM M. MCKEOWN, 0000 MICHAEL RAMSEY, 0000 JEFFREY D. SOWERS, 0000 ANDREW R. MCLEAN, 0000 DANIEL C. RAPHAEL, 0000 MARION B. SPENCER, 0000 MICAJAH T. MCLENDON III, 0000 DONALD V. RAUCH, 0000 KARSTEN E. SPIES, 0000 ERIC L. MCMULLEN, 0000 KELLY J. REAVY, 0000 KEVIN J. SPROGE, 0000 ANDREW J. MCNIVEN, 0000 MICHAEL E. REED, 0000 LANCE A. SRP, 0000 MICHAEL A. MCPHAIL, 0000 DANIEL J. REISS, 0000 JASON R. STAHL, 0000 RALPH L. MCQUEEN III, 0000 JAMES REYNOLDS, 0000 JACOB P. STAUB, 0000 DOUGLAS K. MEAGHER, 0000 BRIAN A. RIBOTA, 0000 JUSTIN E. STEENSON, 0000 JAVIER MEDINAMONTALVO, 0000 DARREN E. RICE, 0000 MARK B. STEFANIK, 0000 HOWARD V. MEEHAN, 0000 KEVIN S. RICE, 0000 JASON T. STEPP, 0000 JOSHUA M. MENZEL, 0000 ROBERT R. RICHARDSON, 0000 BRETT A. STEVENSON, 0000 DENNIS METZ, 0000 JOHN P. RICHERSON, 0000 MATTHEW A. STEVENSON, 0000 ROBERT D. MEYER, JR., 0000 DAVID E. RIDINGS, 0000 ADAM C. STIEVE, 0000 WILLIAM A. MEYERS, JR., 0000 CHRISTOPHER J. RIERSON, 0000 SARA A. STIRES, 0000 SEAN J. MICHAELS, 0000 JACK C. RIGGINS, 0000 RYAN M. STODDARD, 0000 STEVEN F. MILGAZO, 0000 RICHARD A. RIISMA, 0000 KRISTOPHER W. STONAKER, 0000 GREGORY J. MILICIC, 0000 JOHN J. RIOS, 0000 ADAM H. STONE, 0000 ALAN D. MILLER, 0000 DONOVAN C. RIVERA, 0000 GEOFFREY S. STOW, 0000 GARRETT H. MILLER, 0000 JUAN C. RIVERA, 0000 SCOTT E. STRADER, 0000 MAX F. MILLER, 0000 KENNETH C. ROBB, 0000 JOSEPH V. STRASSBERGER, 0000 ZACHARY J. MILLER, 0000 KEVIN E. ROBB, 0000 GREGORY W. STREET, 0000 VERONICA G. MILLIGAN, 0000 DARYL ROBBIN, 0000 HARRY A. STROTHER II, 0000 STEPHEN J. MINIHANE, 0000 REMY P. ROBERT, 0000 TEAGUE J. SUAREZ, 0000 ANDREW B. MIROFF, 0000 STEVEN W. ROBERTS, 0000 JAMES E. SUCKART, 0000 CHRISTOPHER J. MITCHELL, 0000 MARTIN L. ROBERTSON, 0000 BRIAN D. SUMMERS, 0000 MICHAEL S. MITCHELL, 0000 JESSE W. ROBINSON, JR., 0000 DINYI SUN, 0000 STEPHEN T. MITCHELL, JR., 0000 JOEL RODRIGUEZ, 0000 SCOTT T. SUNDEM, 0000 JAMES M. MOBERLY, 0000 NOEL RODRIGUEZ, 0000 STEVEN J. SUSALLA, 0000 DANIEL R. MOLL, 0000 DARREN C. ROE, 0000 LISA A. SUTTER, 0000 DENNIS C. MONAGLE, 0000 HENRY M. ROENKE IV, 0000 GREGORY E. SUTTON, 0000 KENNETH E. MONFORE III, 0000 SCOTT D. ROSE, 0000 MICHAEL SYPNIEWSKI, 0000 DANIEL J. MONLUX, 0000 SCOTT A. ROSETTI, 0000 MATTHEW A. SZOKA, 0000 DAVID P. MOORE, 0000 PAUL E. ROTSCH, 0000 AARON M. TABOR, 0000 KEVIN F. MOORE, 0000 GREGORY L. ROWLAND, 0000 SHANE P. TANNER, 0000 ANTHONY MORALES, 0000 KEITH M. ROXO, 0000 TODD D. TAVOLAZZI, 0000 MICHAEL M. MORGAN, 0000 COLEMAN V. RUIZ, JR., 0000 AARON J. TAYLOR, 0000 WILLIAM C. MORGAN, 0000 MALCOLM J. RUMPH, 0000 DONALD O. TAYLOR, JR., 0000 CHRISTOPHER M. MORINELLI, 0000 KENNETH R. RUSSELL, 0000 ERIC L. TAYLOR, 0000 JAMES M. MORTON III, 0000 LUKE A. RUSSELL, 0000 RICK T. TAYLOR, 0000 STEVEN S. MOSS, 0000 MATTHEW D. RUSSELL, 0000 HERNESTO TELLEZ, 0000 ERIC N. MOYER, 0000 GARY A. RYALS, 0000 DANIEL W. TESTA, 0000 CHRISTOPHER L. MOYLAN, 0000 CHRISTOPHER J. SACRA, 0000 CRAIG T. THAYER, 0000 ARTHUR A. MUELLER III, 0000 ERIC M. SAGER, 0000 JOHN P. THOMAS, 0000 JUAN F. MULLEN, 0000 DAVID L. SAGUNSKY, 0000 MEGAN A. THOMAS, 0000 DARRIN R. MULLINS, 0000 PETER J. SALVAGGIO, JR., 0000 TRENT M. THOMPSON, 0000 PAUL B. MULLINS, JR., 0000 ALFREDO J. SANCHEZ, 0000 CHRISTOPHER R. THRELKELD, 0000 JORGE MUNIZ, JR., 0000 JOSE A. SANCHEZ, 0000 PETER THRIFT, 0000 BRANDON L. MURRAY, 0000 KARL S. SANDER, 0000 PAUL J. TILL, 0000 ROBERT D. MYERS, 0000 GREGG S. SANDERS, 0000 GLENN R. TODD, 0000 STACY L. MYERS, 0000 BRIAN D. SANDERSON, 0000 THOMAS A. TODD, 0000 JACQUELINE A. NATTER, 0000 TODD A. SANTALA, 0000 WARREN W. TOMLINSON, 0000 DUANE E. NEAL, 0000 SERGIO T. SANTILLAN, 0000 JOSEPH A. TORRES, 0000 ALAN A. NELSON, 0000 BRIAN M. SANTIROSA, 0000 ROBERT M. TOTH, 0000 WOODROW M. NESBITT, JR., 0000 JEFFERSON P. SARGENT, 0000 LEE R. TOTTEN, 0000 MICHAEL G. NEWTON, 0000 KENNETH D. SAUNDERS, 0000 DAVID B. TOWNLEY, 0000 MICHAEL D. NORDEEN, 0000 MICHAEL J. SAVARESE, 0000 MATTHEW A. TRACY, 0000 WENDY K. NOWAK, 0000 ROBERT W. SAVERING, 0000 DARYL E. TRENT, 0000 EDUARDO E. NUNEZ, 0000 BRIAN J. SAWICKI, 0000 AUGUST J. TROTTMAN, 0000 HEATHER L. ODONNELL, 0000 BRIAN L. SCARAMUCCI, 0000 BRADY W. TURNAGE, 0000 THOMAS M. OGDEN, 0000 MATTHEW D. SCARLETT, 0000 CHARLES W. TURNER, 0000 JACK B. ONEILL II, 0000 WILLIAM A. SCHENCK III, 0000 BRIAN T. TURNEY, 0000 MICHAEL P. ONEILL, 0000 JOHN M. SCHILLER, 0000 DEVIN R. TYLER, 0000 DANIEL V. ORNELAS, 0000 RYAN C. SCHLEICHER, 0000 KURT C. UHLMANN, 0000 MATTHEW H. ORT, 0000 LUKE D. SCHMIDT, 0000 ANDREW J. URBANSKI, 0000 ANDREW W. OSBORNE, 0000 JACOB D. SCHMITTER, 0000 NICHOLAS A. VANDEGRIEND, 0000 BRETT R. OSTER, 0000 DUSTIN J. SCHOUTEN, 0000 BRIAN E. VANDIVER, 0000 TRAVIS R. OVERSTREET, 0000 ADAM T. SCHULTZ, 0000 JASON R. VANPIETERSOM, 0000 CHRISTOPHER J. PACENTRILLI, 0000 BRYAN L. SCHULTZ, 0000 THOMAS M. VANSCOTEN, 0000 JUAN C. PALLARES, 0000 CHAD C. SCHUMACHER, 0000 JEREMY E. VELLON, 0000 CHRISTOPHER A. PAPAIOANU, 0000 ANTHONY J. SCHWARZ, 0000 CASE S. VERNON, 0000 GREGORY M. PARADIS, 0000 STEPHEN P. SCHWEDHELM, 0000 JONATHAN L. VIELEY, 0000 PHILIP L. PARMLEY, 0000 DAVID A. SCHWIND, 0000 MARJORIE E. VIGAL, 0000 JOHN G. PARQUETTE, 0000 WINSTON E. SCOTT II, 0000 THOMAS A. VILEVAC, 0000 JACOB R. PARSONS, 0000 DEAN G. SEARS, 0000 BLANDINO A. VILLANUEVA, 0000 KURT R. PARSONS, 0000 JOSEPH M. SEEBURGER, 0000 MICHAEL A. VIOLETTE, 0000 CHAD A. PARVIN, 0000 SHAUN S. SERVAES, 0000 STEVEN A. WAGGONER, 0000 WAYNE A. PATRAS, 0000 GENE G. SEVERTSON II, 0000 MICHEAL K. WAGNER, 0000 JASON P. PATTERSON, 0000 CHRISTIAN M. SEWELL, 0000 DAVID B. WAIDELICH, 0000 JOHN C. PATTERSON, 0000 MATTHEW S. SHAFFER, 0000 STEFAN L. WALCH, 0000 JOHN E. PATTERSON, 0000 CLAYTON G. SHANE, 0000 SCOTT A. WALGREN, 0000 MICHAEL S. PAYNE, 0000 ISAAC SHAREEF, 0000 FRANCIS J. WALTER III, 0000

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GREGORY E. WALTERS, 0000 FEDERAL EMERGENCY MANAGEMENT AGENCY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON L. WARD, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED KENNETH P. WARD, 0000 DENNIS R. SCHRADER, OF MARYLAND, TO BE DEPUTY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CHRISTOPHER J. WARDEN, 0000 ADMINISTRATOR FOR NATIONAL PREPAREDNESS, FED- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLIN P. WARFIELD, 0000 ERAL EMERGENCY MANAGEMENT AGENCY, DEPART- BRANDON W. WARREN, 0000 MENT OF HOMELAND SECURITY. To be vice admiral CLINTON J. WARREN, 0000 HOWARD A. WARREN, 0000 DEPARTMENT OF COMMERCE REAR ADM. ROBERT T. MOELLER, 0000 SCOTT A. WASHBURN, 0000 WILLIAM G. SUTTON, JR., OF VIRGINIA, TO BE AN AS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GLENN K. WASHINGTON, 0000 SISTANT SECRETARY OF COMMERCE. IN THE UNITED STATES NAVY TO THE GRADE INDICATED KENNETH D. WASSON II, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SCOTT A. WASTAK, 0000 DEPARTMENT OF TRANSPORTATION RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARCHIBALD WATKINS, 0000 CURTIS E. WEBSTER, 0000 THOMAS J. BARRETT, OF ALASKA, TO BE DEPUTY SEC- STEPHEN R. WEEKS, 0000 RETARY OF TRANSPORTATION. To be vice admiral PAUL R. BRUBAKER, OF VIRGINIA, TO BE ADMINIS- CHAD E. WELBORN, 0000 REAR ADM. JAMES A. WINNEFELD, JR., 0000 ORION P. WELCH, 0000 TRATOR OF THE RESEARCH AND INNOVATIVE TECH- STEVEN C. WESSNER, 0000 NOLOGY ADMINISTRATION, DEPARTMENT OF TRANSPOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK B. WEST, 0000 TATION. AS THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND MARTIN L. WEYENBERG, 0000 THE ABOVE NOMINATIONS WERE APPROVED SUBJECT APPOINTMENT TO THE GRADE INDICATED WHILE AS- SCOTT V. WHELPLEY, 0000 TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- IAN D. WHITCOMB, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY BILITY UNDER TITLE 10, U.S.C., SECTIONS 152 AND 601: EDDIE F. WHITLEY, JR., 0000 CONSTITUTED COMMITTEE OF THE SENATE. JUSTIN K. WHITT, 0000 To be admiral ROBERT G. WICKMAN, 0000 DEPARTMENT OF HEALTH AND HUMAN SERVICES ADM. MICHAEL G. MULLEN, 0000 ADAM D. WIEDER, 0000 TEVI DAVID TROY, OF NEW YORK, TO BE DEPUTY SEC- TED W. WIEDERHOLT, 0000 RETARY OF HEALTH AND HUMAN SERVICES. PAUL F. WILEY, 0000 IN THE MARINE CORPS DONALD J. WILLIAMS, 0000 DEPARTMENT OF LABOR ROBERT A. WILLIAMS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JASON J. WILLIAMSON, 0000 BRADFORD P. CAMPBELL, OF VIRGINIA, TO BE AN AS- AS THE VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF MICHAEL A. WILSON, 0000 SISTANT SECRETARY OF LABOR. AND APPOINTMENT TO THE GRADE INDICATED WHILE DONALD M. WINGARD, 0000 DAVID W. JAMES, OF MISSOURI, TO BE AN ASSISTANT ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- WILLIAM C. WIRTZ, 0000 SECRETARY OF LABOR. SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 154: TERRY P. WISE, JR., 0000 MICHAEL D. WISECUP, 0000 DEPARTMENT OF STATE To be general FREDERICK WISSEN, 0000 MARK GREEN, OF WISCONSIN, TO BE AMBASSADOR EX- GEN. JAMES E. CARTWRIGHT, 0000 SEAN Z. WOJTEK, 0000 TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED CHRISTOPHER J. WOOD, 0000 STATES OF AMERICA TO THE UNITED REPUBLIC OF TAN- IN THE AIR FORCE KEITH C. WOODLEY, 0000 ZANIA. MATTHEW A. WRIGHT, 0000 AIR FORCE NOMINATION OF DAMION T. GOTTLIEB, 0000, RAFE K. WYSHAM, 0000 THE JUDICIARY TO BE MAJOR. TIMOTHY J. YANIK, 0000 AIR FORCE NOMINATION OF FRANCIS E. LOWE, 0000, TO PETER YAO, 0000 TIMOTHY D. DEGIUSTI, OF OKLAHOMA, TO BE UNITED BE LIEUTENANT COLONEL. JARED H. YEE, 0000 STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT BRIAN A. YOUNG, 0000 OF OKLAHOMA. AIR FORCE NOMINATIONS BEGINNING WITH LISTA M. BENSON AND ENDING WITH KAREN L. WEIS, WHICH NOMI- CURTIS E. YOUNG, 0000 IN THE AIR FORCE JASON P. YOUNG, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JULY 25, JODY K. YOUNG, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2007. RYAN S. YUSKO, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AIR FORCE NOMINATIONS BEGINNING WITH KEVIN C. JOHN T. ZABLOCKI, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BLAKLEY AND ENDING WITH ROBERT A. TETLA, WHICH MICHAEL J. ZAIKO, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TODD D. ZENTNER, 0000 601: TRAVIS W. ZETTEL, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JULY 25, DAVID M. ZIELINSKI, 0000 To be lieutenant general 2007. RONALD W. ZITZMAN, 0000 AIR FORCE NOMINATIONS BEGINNING WITH ROBERT K. LT. GEN. DAVID A. DEPTULA, 0000 ABERNATHY AND ENDING WITH ANTHONY J. ZUCCO, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TO THE GRADE INDICATED IN THE UNITED STATES NAVY IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- AND APPEARED IN THE CONGRESSIONAL RECORD ON UNDER TITLE 10, U.S.C., SECTION 624: CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JULY 25, 2007. To be lieutenant commander AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION AIR FORCE NOMINATIONS BEGINNING WITH MARY ANN 601: BEHAN AND ENDING WITH PAUL A. WILLINGHAM, WHICH CHARLES R. ALLEN, 0000 NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JODI C. BEATTIE, 0000 To be general PEARED IN THE CONGRESSIONAL RECORD ON JULY 25, 2007. JOHN C. BLEIDORN, 0000 LT. GEN. CLAUDE R. KEHLER, 0000 LAUREN A. BROSS, 0000 JEREMY J. BRUCH, 0000 IN THE ARMY IN THE ARMY JILLENE M. BUSHNELL, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH DAWUD A. JEREMY J. CALLAHAN, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED AGBERE AND ENDING WITH EDWARD J. YURUS, WHICH HARTWELL F. COKE, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JAMES E. COLEMAN, JR., 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON JULY 25, JACQUELYN C. CROOK, 0000 2007. JOHN P. GARSTKA, 0000 To be lieutenant general ARMY NOMINATIONS BEGINNING WITH BLAKE C. KIMBERLY M. HAUN, 0000 ORTNER AND ENDING WITH ANDREW S. ZELLER, WHICH TARA D. LAMBERT, 0000 MAJ. GEN. KENNETH W. HUNZEKER, 0000 NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JOHN M. MARBURGER, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON JULY 25, CHRISTI S. MONTGOMERY, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED 2007. JODY M. POWERS, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ARMY NOMINATIONS BEGINNING WITH JULIE A. BENTZ WILLIAM H. ROETING IV, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AND ENDING WITH THOMAS L. TURPIN, JR., WHICH NOMI- MAXSIMO SALAZAR, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- ELIZABETH M. SCHEIDECKER, 0000 To be lieutenant general PEARED IN THE CONGRESSIONAL RECORD ON JULY 25, DWIGHT E. SMITH, JR., 0000 LT. GEN. JAMES D. THURMAN, 0000 2007. MICHAEL D. VANCAS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH LARRY L. f IN THE UNITED STATES ARMY TO THE GRADE INDICATED GUYTON AND ENDING WITH LINDA M. WILLIAMS, WHICH WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON JULY 25, CONFIRMATIONS 2007. Executive nominations confirmed by To be lieutenant general IN THE COAST GUARD the Senate Friday, August 3, 2007: LT. GEN. JAMES J. LOVELACE, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COAST GUARD NOMINATION OF KRISTINE B. NEELEY, DEPARTMENT OF THE INTERIOR IN THE UNITED STATES ARMY TO THE GRADE INDICATED 0000, TO BE LIEUTENANT. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BRENT T. WAHLQUIST, OF PENNSYLVANIA, TO BE DI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RECTOR OF THE OFFICE OF SURFACE MINING RECLAMA- IN THE NAVY TION AND ENFORCEMENT. To be lieutenant general NAVY NOMINATIONS BEGINNING WITH JOSE A. ACOSTA JAMES L. CASWELL, OF IDAHO, TO BE DIRECTOR OF AND ENDING WITH LAWRENCE A. RAMIREZ, WHICH NOMI- THE BUREAU OF LAND MANAGEMENT. MAJ. GEN. CARTER F. HAM, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- DEPARTMENT OF ENERGY THE FOLLOWING ARMY NATIONAL GUARD OF THE PEARED IN THE CONGRESSIONAL RECORD ON JULY 25, UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- 2007. LISA E. EPIFANI, OF TEXAS, TO BE AN ASSISTANT SEC- SERVE OF THE ARMY TO THE GRADE INDICATED UNDER NAVY NOMINATIONS BEGINNING WITH DOUGLAS P. RETARY OF ENERGY (CONGRESSIONAL AND INTERGOV- TITLE 10, U.S.C., SECTION 12203: BARBER, JR. AND ENDING WITH THOMAS J. WELSH, ERNMENTAL AFFAIRS). WHICH NOMINATIONS WERE RECEIVED BY THE SENATE KEVIN M. KOLEVAR, OF MICHIGAN, TO BE AN ASSIST- To be brigadier general AND APPEARED IN THE CONGRESSIONAL RECORD ON ANT SECRETARY OF ENERGY (ELECTRICITY DELIVERY COL. LAWRENCE A. HASKINS, 0000 JULY 25, 2007. AND ENERGY RELIABILITY). NAVY NOMINATIONS BEGINNING WITH SUSAN D. CLARENCE H. ALBRIGHT, OF SOUTH CAROLINA, TO BE IN THE NAVY CHACON AND ENDING WITH SEUNG C. YANG, WHICH NOMI- UNDER SECRETARY OF ENERGY. NATIONS WERE RECEIVED BY THE SENATE AND AP- MORRIS K. UDALL SCHOLARSHIP AND EXCELLENCE IN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON JULY 25, NATIONAL ENVIRONMENTAL POLICY FOUNDATION. IN THE UNITED STATES NAVY TO THE GRADE INDICATED 2007. ROBERT BOLDREY, OF MICHIGAN, TO BE A MEMBER OF WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NAVY NOMINATIONS BEGINNING WITH ENEIN Y. H. THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ABOUL AND ENDING WITH KIMBERLY A. ZUZELSKI, SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- To be vice admiral WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MENTAL POLICY FOUNDATION FOR A TERM EXPIRING AND APPEARED IN THE CONGRESSIONAL RECORD ON MAY 26, 2013. REAR ADM. RICHARD K. GALLAGHER, 0000 JULY 25, 2007.

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HIGHLIGHTS Senate passed S. 1927, Foreign Intelligence Surveillance Act. Senate agreed to S. Con. Res. 43, Adjournment Resolution. Senate physical disabilities, with an amendment in the na- Chamber Action ture of a substitute. Page S10901 Routine Proceedings, pages S10849–S10997 Measures Passed: Measures Introduced: Thirty-one bills and nine Foreign Intelligence Surveillance Act: By 60 yeas resolutions were introduced, as follows: S. 1985–2015, S.J. Res. 17, S. Res. 299–305, and S. to 28 nays (Vote No. 309), Senate passed S. 1927, to amend the Foreign Intelligence Surveillance Act Con. Res. 43. Pages S10901–02 of 1978 to provide additional procedures for author- Measures Reported: izing certain acquisitions of foreign intelligence in- Special Report entitled ‘‘Legislative and Oversight formation, by the order of the Senate of Friday, Au- Activities During the 109th Congress by the Senate gust 3, 2007, 60 Senators having voted in the af- Committee on Veterans’ Affairs’’. (S. Rept. No. firmative, and after taking action on the following 110–141) amendment proposed thereto: Pages S10861–72 Special Report entitled ‘‘Summary of Legislative Adopted: and Oversight Activities During the 109th Con- gress’’. (S. Rept. No. 110–145) McConnell/Bond Amendment No. 2649, to pro- S. 428, to amend the Wireless Communications vide a sunset provision. Page S10861–72 and Public Safety Act of 1999, with an amendment Minneapolis Bridge Emergency Funds: Senate in the nature of a substitute. (S. Rept. No. 110–142) passed H.R. 3311, to authorize additional funds for S. 1163, to amend title 38, United States Code, emergency repairs and reconstruction of the Inter- to improve compensation and specially adapted hous- state I–35 bridge located in Minneapolis, Minnesota, ing for veterans in certain cases of impairment of vi- that collapsed on August 1, 2007, to waive the sion involving both eyes, and to provide for the use $100,000,000 limitation on emergency relief funds of the National Directory of New Hires for income for those emergency repairs and reconstruction, and verification purposes, with an amendment in the na- taking action on the following amendment proposed ture of a substitute. (S. Rept. No. 110–143) thereto: Pages S10873–74 S. 1300, to amend title 49, United States Code, Coleman (for Bond) Amendment No. 2654, to to authorize appropriations for the Federal Aviation improve expanded eligibility for transit and travel Administration for fiscal years 2008 through 2011, information services. Page S10873 to improve aviation safety and capacity, to modernize Adjournment Resolution: the air traffic control system, with amendments. (S. Senate agreed to S. Rept. No. 110–144) Con. Res. 43, providing for a conditional adjourn- S. 898, to amend the Public Health Service Act ment or recess of the Senate, and a conditional ad- to fund breakthroughs in Alzheimer’s disease re- journment of the House of Representatives. search while providing more help to caregivers and Page S10978 increasing public education about prevention, with State of Idaho Agriculture College: Senate passed an amendment in the nature of a substitute. H.R. 3006, to improve the use of a grant of a parcel S. 1183, to enhance and further research into pa- of land to the State of Idaho for use as an agricul- ralysis and to improve rehabilitation and the quality tural college, clearing the measure for the President. of life for persons living with paralysis and other Page S10978 D1131

VerDate Aug 31 2005 02:44 Aug 05, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU7.PT2 D03AUPT2 cnoel on PRODPC60 with DIGEST_CN D1132 CONGRESSIONAL RECORD — DAILY DIGEST August 3, 2007 Private First Class Shane R. Austin Post Office: George B. Lewis Post Office Building: Senate Senate passed S. 1772, to designate the facility of passed H.R. 2077, to designate the facility of the the United States Postal Service located at 127 South United States Postal Service located at 20805 State Elm Street in Gardner, Kansas, as the ‘‘Private First Route 125 in Blue Creek, Ohio, as the ‘‘George B. Class Shane R. Austin Post Office’’. Page S10978 Lewis Post Office Building’’, clearing the measure Officer Jeremy Todd Charron Post: Senate passed for the President. Page S10979 S. 1896, to designate the facility of the United Staff Sergeant Omer T. ‘O.T.’ Hawkins Post Of- States Postal Service located at 11 Central Street in fice: Senate passed H.R. 2078, to designate the facil- Hillsborough, New Hampshire, as the ‘‘Officer Jer- ity of the United States Postal Service located at emy Todd Charron Post Office’’. Pages S10978–79 14536 State Route 136 in Cherry Fork, Ohio, as the Claude Ramsey Post Office: Senate passed H.R. ‘‘Staff Sergeant Omer T. ‘O.T.’ Hawkins Post Of- 1260, to designate the facility of the United States fice’’, clearing the measure for the President. Postal Service located at 6301 Highway 58 in Har- Page S10979 rison, Tennessee, as the ‘‘Claude Ramsey Post Of- Clem Rogers McSpadden Post Office Building: fice’’, clearing the measure for the President. Senate passed H.R. 2127, to designate the facility of Page S10979 the United States Postal Service located at 408 West SSgt Lewis G. Watkins Post Office Building: 6th Street in Chelsea, Oklahoma, as the ‘‘Clem Rog- Senate passed H.R. 1335, to designate the facility of ers McSpadden Post Office Building’’, clearing the the United States Postal Service located at 508 East measure for the President. Page S10979 Main Street in Seneca, South Carolina, as the ‘‘SSgt Major Scott Nisely Post Office: Senate passed Lewis G. Watkins Post Office Building’’, clearing H.R. 2563, to designate the facility of the United the measure for the President. Page S10979 States Postal Service located at 309 East Linn Street Staff Sergeant Marvin ‘‘Rex’’ Young Post Office in Marshalltown, Iowa, as the ‘‘Major Scott Nisely Building: Senate passed H.R. 1425, to designate the Post Office’’, clearing the measure for the President. facility of the United States Postal Service located at Page S10979 4551 East 52nd Street in Odessa, Texas, as the Dr. Karl E. Carson Post Office Building: Senate ‘‘Staff Sergeant Marvin ‘‘Rex’’ Young Post Office passed H.R. 2570, to designate the facility of the Building’’, clearing the measure for the President. United States Postal Service located at 301 Board- Page S10979 walk Drive in Fort Collins, Colorado, as the ‘‘Dr. Rachel Carson Post Office Building: Senate Karl E. Carson Post Office Building’’, clearing the passed H.R. 1434, to designate the facility of the measure for the President. Page S10979 United States Postal Service located at 896 Pitts- Buck Owens Post Office: Senate passed H.R. burgh Street in Springdale, Pennsylvania, as the 1384, to designate the facility of the United States ‘‘Rachel Carson Post Office Building’’, clearing the Postal Service located at 118 Minner Street in Ba- measure for the President. Page S10979 kersfield, California, as the ‘‘Buck Owens Post Of- Harriett F. Woods Post Office Building: Senate fice’’, clearing the measure for the President. passed H.R. 1617, to designate the facility of the Page S10979 United States Postal Service located at 561 Dolph S. Briscoe, Jr. Post Office Building: Sen- Kingsland Avenue in University City, Missouri, as ate passed H.R. 2688, to designate the facility of the the ‘‘Harriett F. Woods Post Office Building’’, clear- United States Postal Service located at 103 South ing the measure for the President. Page S10979 Getty Street in Uvalde, Texas, as the ‘‘Dolph S. Leonard W. Herman Post Office: Senate passed Briscoe, Jr. Post Office Building’’, clearing the meas- H.R. 1722, to designate the facility of the United ure for the President. Page S10979 States Postal Service located at 601 Banyan Trail in Frank G. Lumpkin, Jr. Post Office Building: Boca Raton, Florida, as the ‘‘Leonard W. Herman Senate passed H.R. 2309, to designate the facility of Post Office’’, clearing the measure for the President. the United States Postal Service located at 3916 Page S10979 Milgen Road in Columbus, Georgia, as the ‘‘Frank Willye B. White Post Office Building: Senate G. Lumpkin, Jr. Post Office Building’’, clearing the passed H.R. 2025, to designate the facility of the measure for the President. Page S10979 United States Postal Service located at 11033 South Native American $1 Coin Act: Committee on State Street in Chicago, Illinois, as the ‘‘Willye B. Banking, Housing, and Urban Affairs was discharged White Post Office Building’’, clearing the measure from further consideration of H.R. 2358, to require for the President. Page S10979 the Secretary of the Treasury to mint and issue coins

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in commemoration of Native Americans and the im- the vote on passage was vitiated, and the bill was portant contributions made by Indian tribes and in- placed on the calendar. Pages S10861–72 dividual Native Americans to the development of Authority for Committees—Agreement: A unani- the United States and the history of the United mous-consent agreement was reached providing that, States, and the bill was then passed, after agreeing notwithstanding the adjournment of the Senate, all to the following amendment proposed thereto: committees be authorized to file legislative and exec- Pages S10979–80 utive reports on Wednesday, August 29, 2007, from Reid (for Dodd) Amendment No. 2653, in the 10:00 a.m. until 1:00 p.m. Page S10991 nature of a substitute. Page S10979 Authorizing Leadership to Make Appoint- Small Business Disaster Response and Loan Im- ments—Agreement: A unanimous-consent agree- provements Act: Senate passed S. 163, to improve ment was reached providing that, notwithstanding the disaster loan program of the Small Business Ad- the recess or adjournment of the Senate, the Presi- ministration, after withdrawing the committee dent of the Senate, the President of the Senate Pro amendment in the nature of a substitute, and the Tempore, and the Majority and Minority Leaders be following amendment proposed thereto: authorized to make appointments to commissions, Pages S10980–83 committees, boards, conferences, or interparliamen- Reid (for Kerry) Amendment No. 2650, in the tary conferences authorized by law, by concurrent ac- nature of a substitute. Page S10980 tion of the two Houses, or by order of the Senate. Reid (for Bond) Amendment No. 2651 (to Page S10991 Amendment No. 2650), to strike the title relating Nussle Nomination—Agreement: A unanimous- to energy emergencies. Pages S10980–81 Reid (for Coburn) Amendment No. 2652 (to consent-time agreement was reached providing that Amendment No. 2652), to require appropriate re- on Tuesday, September 4, 2007 at 2:30 p.m., Senate porting regarding the number of full-time employees begin consideration of the nomination of Jim Nussle for either the Office of Disaster Assistance or the to be Director of the Office of Management and Disaster Cadre of the Small Business Administration, Budget; that there be three hours for debate—two to provide appropriate assistance in the event of a hours equally divided and controlled for debate be- tween the Chairman and Ranking Member of the catastrophic national disaster. Pages S10980–81 Committee on the Budget, and one hour controlled Appalachian Regional Development Act Amend- by Senator Sanders; provided further, that Senate ments: Senate passed S. 496, to reauthorize and im- vote on the confirmation of the nomination. prove the program authorized by the Appalachian Page S10977 Regional Development Act of 1965, after agreeing Nominations—Agreement: A unanimous-consent to the committee amendments. Pages S10983–86 agreement was reached providing that the provisions Congratulating Poet Laureate Charles Simic: of Rule 31, section 5 notwithstanding, all nomina- Senate agreed to S. Res. 304, congratulating Charles tions remain in status quo, except the nomination of Simic on being named the 15th Poet Laureate of the Reed Verne Hillman, of Massachusetts, to be United United States of America by the Library of Congress. States Marshal for the District of Massachusetts. Page S10986 Page S10978 OPEN Government Act: Senate passed S. 849, to Nominations Confirmed: Senate confirmed the fol- promote accessibility, accountability, and openness in lowing nominations: Government by strengthening section 552 of title 5, By a unanimous vote of 96 yeas (Vote No. EX. United States Code (commonly referred to as the 308), Timothy D. DeGuisti, of Oklahoma, to be Freedom of Information Act), after agreeing to the United States District Judge for the Western Dis- following amendment proposed thereto: trict of Oklahoma. Pages S10986–91 Kevin M. Kolevar, of Michigan, to be an Assistant Reid (for Kyl/Leahy) Amendment No. 2655, of a per- Secretary of Energy (Electricity Delivery and Energy fecting nature. Page S10986 Reliability). Measures Considered: Dennis R. Schrader, of Maryland, to be Deputy Protect America Bill: By 43 yeas to 45 nays (Vote Administrator for National Preparedness, Federal No. 310), Senate rejected S. 2011, entitled ‘‘The Emergency Management Agency, Department of Protect America Act of 2007’’, and under the order Homeland Security. of the Senate of Friday, August 3, 2007, the bill Tevi David Troy, of New York, to be Deputy Sec- having failed to achieve 60 votes in the affirmative, retary of Health and Human Services. (Prior to this

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action, Committee on Finance was discharged from Routine lists in the Navy. Pages S10992–96 further consideration.) Nomination Withdrawn: Senate received notifica- Bradford P. Campbell, of Virginia, to be an As- tion of withdrawal of the following nomination: sistant Secretary of Labor. (Prior to this action, Com- mittee on Health, Education, Labor, and Pensions Richard E. Hoagland, of the District of Columbia, was discharged from further consideration.) to be Ambassador to the Republic of Armenia, William G. Sutton, Jr., of Virginia, to be an As- which was sent to the Senate on January 9, 2007. sistant Secretary of Commerce. Pages S10996–97 Robert Boldrey, of Michigan, to be a Member of Messages from the House: Page S10899 the Board of Trustees of the Morris K. Udall Schol- Measures Referred: Pages S10899–S10900 arship and Excellence in National Environmental Policy Foundation for a term expiring May 26, Measures Placed on the Calendar: Page S10900 2013. Enrolled Bills Presented: Page S10900 James L. Caswell, of Idaho, to be Director of the Bureau of Land Management. Executive Communications: Pages S10900–01 Mark Green, of Wisconsin, to be Ambassador to Executive Reports of Committees: Page S10901 the United Republic of Tanzania. (Prior to this ac- Additional Cosponsors: Pages S10902–05 tion, Committee on Foreign Relations was dis- charged from further consideration.) Statements on Introduced Bills/Resolutions: Thomas J. Barrett, of Alaska, to be Deputy Sec- Pages S10905–44 retary of Transportation. Additional Statements: Pages S10896–99 Lisa E. Epifani, of Texas, to be an Assistant Sec- retary of Energy (Congressional and Intergovern- Amendments Submitted: Pages S10944–53 mental Affairs). Notices of Hearings/Meetings: Page S10953 Paul R. Brubaker, of Virginia, to be Adminis- Authorities for Committees to Meet: Page S10953 trator of the Research and Innovative Technology Administration, Department of Transportation. Text of H.R. 976 as Previously Passed: David W. James, of Missouri, to be an Assistant Pages S10953–77 Secretary of Labor. (Prior to this action, Committee Record Votes: Three record votes were taken today. on Health, Education, Labor, and Pensions was dis- (Total—310) Pages S10851, S10870–71, S10872 charged from further consideration.) Clarence H. Albright, of South Carolina, to be Adjournment: Senate convened at 9:30 a.m. and Under Secretary of Energy. adjourned, in accordance with S. Con. Res. 43, at Brent T. Wahlquist, of Pennsylvania, to be Direc- 11:08 p.m., until 12 noon on Tuesday, September 4, tor of the Office of Surface Mining Reclamation and 2007. (For Senate’s program, see the remarks of the Enforcement. Majority Leader in today’s Record on page S10991.) 2 Air Force nominations in the rank of general. 5 Army nominations in the rank of general. 1 Marine Corps nomination in the rank of general. Committee Meetings 4 Navy nominations in the rank of admiral. Routine lists in the Air Force, Army, Coast (Committees not listed did not meet) Guard, Navy. Pages S10849–51, S10991, S10996 MILITARY DETAINEES Nominations Received: Senate received the fol- lowing nominations: Committee on Armed Services: Committee met in closed Stuart Ishimaru, of the District of Columbia, to session to receive a briefing regarding the treatment be a Member of the Equal Employment Opportunity of detainees from certain members of the intelligence Commission for a term expiring July 1, 2012. community.

VerDate Aug 31 2005 02:44 Aug 05, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D03AU7.PT2 D03AUPT2 cnoel on PRODPC60 with DIGEST_CN August 3, 2007 CONGRESSIONAL RECORD — DAILY DIGEST D1135 House of Representatives H.R. 3238, to promote the development of renew- Chamber Action able fuels infrastructure (H. Rept. 110–306, Pt. 1); Public Bills and Resolutions Introduced: 96 pub- H.R. 3239, to promote advanced plug-in hybrid lic bills, H.R. 3355–3450; 1 private bill, H.R. vehicles and vehicle components (H. Rept. 110–307, 3451; and 12 resolutions, H.J. Res. 48; H. Con. Pt. 1); Res. 202; and H. Res. 609–612, 616–621; were in- H.R. 3240, to enhance availability of critical en- troduced. Pages H9704–10 ergy information (H. Rept. 110–308); and Additional Cosponsors: Pages H9710–12 H.R. 3241, to clarify the amount of loans to be Reports Filed: Reports were filed today as follows: guaranteed under title XVII of the Energy Policy H.R. 2786, to reauthorize the programs for hous- Act of 2005 (H. Rept. 110–309, Pt. 1). Page H9704 ing assistance for Native Americans (H. Rept. Speaker: Read a letter from the Speaker wherein she 110–295); appointed Representative Murtha to act as Speaker H.R. 2337, to promote energy policy reforms and Pro Tempore for today. Page H9659 public accountability, alternative energy and effi- Journal: The House agreed to the Speaker’s approval ciency, and carbon capture and climate change miti- of the Journal by a yea-and-nay vote of 216 yeas to gation, with an amendment (H. Rept. 110–296, Pt. 199 nays, Roll No. 820. Pages H9659, H9681–82 1); Privileged Resolution: The House agreed by unani- H.R. 2635, to reduce the Federal Government’s mous consent to withdraw H. Res. 609, relating to contribution to global warming through measures a question of the privileges of the House. that promote efficiency in the Federal Government’s Pages H9659–61 management and operations, with an amendment (H. Rept. 110–297, Pt. 1); Recess: The House recessed at 9:46 a.m. and recon- vened at 1:18 p.m. Page H9663 H. Res. 613, providing for consideration of mo- tions to suspend the rules (H. Rept. 110–298); Recess: The House recessed at 2:46 p.m. and recon- H. Res. 614, waiving a requirement of clause 6(a) vened at 4:00 p.m. Page H9671 of rule XIII with respect to consideration of certain Motion to Adjourn: Agreed by unanimous consent resolutions reported from the Committee on Rules to vacate the vote on the Wilson (NM) motion to (H. Rept. 110–299); adjourn. Pages H9668–71 H. Res. 615, providing for consideration of the Motion to Adjourn: Rejected the Hoekstra motion bill (H.R. 3221) moving the United States toward to adjourn by a yea-and-nay vote of 180 yeas to 237 greater energy independence and security, developing nays, Roll No. 817. Page H9672 innovative new technologies, reducing carbon emis- Providing for consideration of motions to sus- sions, creating green jobs, protecting consumers, in- pend the rules: The House agreed to H. Res. 600, creasing clean renewable energy production, and providing for consideration of motions to suspend modernizing our energy infrastructure, and for con- the rules, by a yea-and-nay vote of 228 yeas to 196 sideration of the bill (H.R. 2776) to amend the In- nays, Roll No. 818. Pages H9663–68, H9671–75 ternal Revenue Code of 1986 to provide tax incen- Agreed to the Hastings (FL) amendment to the tives for the production of renewable energy and en- rule by voice vote, after agreeing to order the pre- ergy conservation (H. Rept. 110–300); vious question. Pages H9674–75 H.R. 1933, to amend the Energy Policy Act of Suspension: The House agreed to suspend the 2005 to reauthorize and improve the carbon capture rules and pass the following measure: and storage research, development, and demonstra- Authorizing additional funds for emergency re- tion program of the Department of Energy, with an pairs and reconstruction of the Interstate I–35 amendment (H. Rept. 110–301); bridge located in Minneapolis, Minnesota that col- H.R. 2773, to enhance research, development, lapsed on August 1, 2007: H.R. 3311, amended, to demonstration, and commercial application of authorize additional funds for emergency repairs and biofuels related technologies, with an amendment reconstruction of the Interstate I–35 bridge located (H. Rept. 110–302); in Minneapolis, Minnesota, that collapsed on August H.R. 2774, to support the research, development, 1, 2007 and to waive the $100,000,000 limitation and commercial application of solar energy tech- on emergency relief funds for those emergency re- nologies, with an amendment (H. Rept. 110–303); pairs and reconstruction, by a 2/3 yea-and-nay vote H.R. 3236, to promote greater energy efficiency of 421 yeas with none voting ‘‘nay’’, Roll No. 819. (H. Rept. 110–304, Pt. 1); Pages H9675–81 H.R. 3237, to facilitate the transition to a smart Privileged Resolution: On a division of the ques- electricity grid (H. Rept. 110–305, Pt. 1); tion of H. Res. 611, relating to a question of the

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Amending the Foreign Intelligence Surveillance Act of 1978 to establish a procedure for author- NEW DIRECTION FOR ENERGY izing certain electronic surveillance: H.R. 3356, to INDEPENDENCE, NATIONAL SECURITY, amend the Foreign Intelligence Surveillance Act of AND CONSUMER PROTECTION ACT; 1978 to establish a procedure for authorizing certain RENEWABLE ENERGY AND ENERGY electronic surveillance, by a 2/3 yea-and-nay vote of CONSERVATION TAX ACT OF 2007 218 yeas to 207 noes, Roll No. 821. Pages H9685–95 Committee on Rules: Granted, by a vote of 9 to 0, a Privileged Resolution: The House agreed to table resolution providing for consideration of the bill H. Res. 612, raising a question of the privileges of H.R. 3221, the ‘‘New Direction for Energy Inde- the House, by a yea-and-nay vote of 211 yeas to 178 pendence, National Security, and Consumer Protec- nays, with 12 voting ‘‘present’’, Roll No. 822. tion Act,’’ and the bill H.R. 2776, the ‘‘Renewable Pages H9695–96 Energy and Energy Conservation Tax Act of 2007’’. Motion to Adjourn: Agreed to the Castor motion The resolution provides for consideration of H.R. 3221 under a structured rule. All points of order to adjourn by a yea-and-nay vote of 270 yeas to 121 against consideration of the bill, except clauses 9 and nays, Roll No. 823. Pages H9697–98 10 of rule XXI, are waived. The rule provides two Senate Message: Message received from the Senate hours of general debate with 15 minutes equally di- today appears on page H9671. vided and controlled by the chairman and ranking Senate Referrals: S. 1983 was referred to the Com- minority member of each of the Committees on En- mittee on Agriculture and S. 775 was referred to the ergy and Commerce, Natural Resources, Science and Committee on Transportation and Infrastructure. Technology, Transportation and Infrastructure, Edu- Page H9697 cation and Labor, Foreign Affairs, Small Business, and Oversight and Government Reform. The rule Quorum Calls—Votes: Seven yea-and-nay votes de- provides that the amendment printed in part A of veloped during the proceedings of today and appear the Rules Committee report shall be considered as on pages H9672, H9675, H9681, H9681–82, adopted in the House and in the Committee of the H9695, H9696, and H9697. Whole. The bill, as amended, shall be considered as Amendments: Amendments ordered printed pursu- an original bill for the purpose of further amend- ant to the rule appear on pages H9696–97. ment and shall be considered as read. All points of Adjournment: The House met at 9:00 a.m. and ad- order against provisions in the bill, as amended, are journed at 9:39 p.m. waived. The rule makes in order only those further amendments printed in part B of the Rules Com- Committee Meetings mittee report and waives all points of order against such amendments except clauses 9 and 10 of rule GAO DISTRICT WORK PERIOD REQUESTS XXI. Amendments so printed may be offered only in the order printed in the report, may be offered Committee on House Administration: Election Task only by a Member designated in the report, shall be Force met and adopted a motion that the Chairman considered as read, shall be debatable for the time be authorized and directed to consult the Task Force specified in the report equally divided and controlled by teleconference or other appropriate means to con- by the proponent and an opponent, shall not be sub- sider any GAO request received during the district ject to amendment, and shall not be subject to a de- work period and determined by the Chairman to re- mand for division of the question in the House or quire Task Force concurrence. For the purpose of in the Committee of the Whole. The rule provides consultation, as described in this motion, all mem- one motion to recommit H.R. 3221 with or without bers of the Task Force must be in simultaneous con- instructions. tact. The resolution provides for consideration of H.R. Prior to this action, the Task Force met to receive 2776 under a closed rule. All points of order against a GAO briefing on the status of the Investigation consideration of the bill, except clauses 9 and 10 of into the FL–13th Congressional District Contested rule XXI, are waived. The rule provides that the Election. The Task Force was briefed by Naba substitute amendment recommended by the Com- Barkakati, Senior Level Technologist, Center for mittee on Ways and Means now printed in the bill Technology and Engineering Applied Research and shall be considered as adopted and that the bill, as Methods, GAO. amended, shall be considered as read. All points of

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order against provisions in the bill, as amended, are SAME DAY CONSIDERATION OF CERTAIN waived. The rule provides one hour of debate equally RESOLUTIONS REPORTED BY THE RULES divided and controlled by the chairman and ranking Committee on Rules: Granted, by a voice vote, a rule minority member of the Committee on Ways and waiving clause 6(a) of rule XIII (requiring a two- Means. The rule provides one motion to recommit thirds vote to consider a rule on the same day it is H.R. 2776 with or without instructions. reported from the Rules Committee) against certain The rule further provides that, in the engrossment rules reported from the Rules Committee. The rule of H.R. 3221, the Clerk shall add the text of H.R. applies the waiver to any rules reported through the 2776, as passed by the House, as new matter at the legislative day of Monday, August 6, 2007 providing end of H.R. 3221. Upon such engrossment, H.R. for consideration of the following: (1) The bill (H.R. 2776 shall be laid on the table. Finally, the rule pro- 3222) making appropriations for the Department of vides that, during consideration in the House of Defense for the fiscal year ending September 30, H.R. 3221 or H.R. 2776, notwithstanding the oper- 2008, and for other purposes; and (2) A bill to ation of the previous question, the Chair may post- amend the Foreign Intelligence Surveillance Act of pone further consideration of either bill to a time 1978 to establish a procedure for authorizing certain designated by the Speaker. electronic surveillance. f PROVIDING FOR CONSIDERATION OF NEW PUBLIC LAWS MOTIONS TO SUSPEND THE RULES (For last listing of Public Laws, see DAILY DIGEST, p. D1129) Committee on Rules: Granted, by a voice vote, a rule H.R. 1, to provide for the implementation of the authorizing the Speaker to entertain motions that recommendations of the National Commission on the House suspend the rules at any time on the leg- Terrorist Attacks Upon the United States. Signed on islative day of Saturday, August 4, 2007 relating to August 3, 2007. (Public Law 110–53) the following measures: (1) A bill to authorize addi- H.R. 2429, to amend title XVIII of the Social Se- tional funds for emergency repairs and reconstruction curity Act to provide an exception to the 60-day of the Interstate I–35 bridge located in Minneapolis, limit on Medicare reciprocal billing arrangements Minnesota, that collapsed on August 1, 2007, to between two physicians during the period in which waive the $100,000,000 limitation on emergency re- one of the physicians is ordered to active duty as a lief funds for those emergency repairs and recon- member of a reserve component of the Armed struction, and for other purposes; and (2) A bill to Forces. Signed on August 3, 2007. (Public Law amend the Foreign Intelligence Surveillance Act of 110–54) 1978 to establish a procedure for authorizing certain House electronic surveillance. No Committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 p.m., Tuesday, September 4 9 a.m., Saturday, August 4

Senate Chamber House Chamber Program for Tuesday: After the transaction of any Program for Saturday: To be announced. morning business (not to extend beyond 1 p.m.), Senate will begin consideration of H.R. 2642, Military Con- struction and Veterans Affairs Appropriations Act; fol- lowing which, at 2:30 p.m. Senate will begin consider- ation of the nomination of Jim Nussle, of Iowa, to be Di- rector of the Office of Management and Budget, and after a period of debate, vote on confirmation thereon.

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