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

Vol. 154 WASHINGTON, TUESDAY, JULY 29, 2008 No. 127 Senate (Legislative day of Monday, July 28, 2008)

The Senate met at 10 a.m., on the ex- appoint the Honorable JON TESTER, a Sen- The ACTING PRESIDENT pro tem- piration of the recess, and was called to ator from the State of Montana, to perform pore. Without objection, it is so or- order by the Honorable JON TESTER, a the duties of the Chair. dered. Senator from the State of Montana. ROBERT C. BYRD, Mr. ALEXANDER. I thank the Pre- President pro tempore. siding Officer. PRAYER Mr. TESTER thereupon assumed the f The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. HIGH GAS PRICES fered the following prayer: f Let us pray. RESERVATION OF LEADER TIME Mr. ALEXANDER. Mr. President, $4 Eternal God, You have led us through gasoline is the subject before the Sen- The ACTING PRESIDENT pro tem- our days and years. Show our law- ate. It has been the subject before the pore. Under the previous order, the makers Your purpose for them and this Senate since the week before last. I am leadership time is reserved. land we love. As they devote them- very encouraged that yesterday the selves to the worthy task of freedom, f majority leader indicated we might be supply them with undiminished RECOGNITION OF THE MAJORITY able to move from talking to acting; in strength and uncommon wisdom. May LEADER other words, to begin to offer amend- ments, debate on those amendments, they contribute wisely to the security The ACTING PRESIDENT pro tem- and come to a result which would help of our Nation and world, as they strive pore. The majority leader is recog- lower gasoline prices. to do Your will on Earth as it is done nized. in Heaven. Lord, encourage them as Mr. REID. Mr. President, I suggest Each week, for the last several they encourage one another, and may the absence of a quorum. weeks, I have been reading to the Sen- they work together for the common The ACTING PRESIDENT pro tem- ate e-mails and letters I have received good. Give them the wisdom to always pore. The clerk will call the roll. from Tennesseans who have been hurt do the right thing, to be faithful, kind, The legislative clerk proceeded to by the high price of gasoline. and humble. call the roll. For example, Jason from Friends- We pray in Your great Name. Amen. Mr. REID. Mr. President, I ask unan- ville, TN, which is a Quaker town near f imous consent that the order for the where I live, is a firefighter with the Blount County Fire Department. He PLEDGE OF ALLEGIANCE quorum call be rescinded. The ACTING PRESIDENT pro tem- says that currently five of their sta- The Honorable JON TESTER led the pore. Without objection, it is so or- tions have only one person in them. Pledge of Allegiance, as follows: dered. They rely on volunteers for the rest of I pledge allegiance to the Flag of the their support, but since gasoline is so f United States of America, and to the Repub- high, response from volunteers has lic for which it stands, one nation under God, MORNING BUSINESS been very small, and they have to indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- allow other jurisdictions to respond. He f pore. Under the previous order, there is not sure how he is going to be able to APPOINTMENT OF ACTING will now be a period of morning busi- keep driving across town to help other PRESIDENT PRO TEMPORE ness until 12:30 p.m., with Senators per- people when he can barely help him- self. The PRESIDING OFFICER. The mitted to speak for up to 10 minutes Gina from Elizabethton is a single clerk will please read a communication each, with the Republicans controlling mother who is spending about $65 each to the Senate from the President pro the first 30 minutes and the majority controlling the next 30 minutes. week to drive to and from work. She tempore (Mr. BYRD). can barely afford groceries because ev- The legislative clerk read the fol- Who yields time? erything is so expensive. She says they lowing letter: The Senator from Tennessee is recog- nized. have been living on noodles to get by. U.S. SENATE, Mr. ALEXANDER. Mr. President, I She is very concerned that Congress PRESIDENT PRO TEMPORE, Washington, DC, July 29, 2008. ask unanimous consent that my col- and the President are doing a lot of To the Senate: leagues and I be allowed to speak in a talking but not doing anything about Under the provisions of rule I, paragraph 3, colloquy in the 30 minutes we have the problem, and she says, ‘‘This coun- of the Standing Rules of the Senate, I hereby been allocated. try is in such a mess.’’

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

S7579

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VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.000 S29JYPT1 erowe on PRODPC61 with SENATE S7580 CONGRESSIONAL RECORD — SENATE July 29, 2008 William of Riceville is on disability Now, most of these cars and trucks tainly explains my point of view, and I and his wife is unable to work due to will be hybrids; in other words, they think the facts, as they are, are that health problems. Rising gas prices have will have a gasoline engine and they we need all of the above. We need to made them choose between driving to will have an electric engine. Because use less, we need to conserve, and we the doctor or paying for their medi- there are new, more powerful batteries, need to find more energy. cine. these cars will be able to go, in effect, I ask the Senator from Tennessee: To Tina from Nashville is a single moth- about 100 miles per gallon. These are me, it seems as though the problem er struggling to support her daughter. not being produced by the Government; sort of boils down to how do we gen- They can’t even afford to go out to the these are being produced by the car erate more electricity and then how do movies on the weekend, she says, be- people, so they are coming. we come up with ways to power our ve- cause gas and food prices have risen so In addition to that, we have plenty of hicles and fly airplanes. As the Senator much. She says that right now she is electricity. We see a lot on television points out, 98 percent, I believe he said, spending about $200 each month on gas from Mr. Boone Pickens, who has a of the energy used for transportation is and prices keep going up, but her pay- plan, and it would require building a oil-based at present. The Senator from check isn’t going up at all. lot of new, large wind turbines for elec- Tennessee has come up with a very Judy from Joelton is a 61-year-old tricity, which might be a good plan. commonsense approach—forward-look- grandmother struggling to support her Our plan doesn’t require building any- ing—to try to figure out a way, as the daughter and granddaughter who live thing for electricity because we al- car industry has, to do more using of with her. The gas to take her grand- ready have it. About half our elec- electricity and to reduce our depend- daughter to kindergarten is costing tricity at night is idle. We are not ency on oil. $115 each month, and they are strug- using it for anything. We are asleep. It would be helpful to look back at gling to keep her in school. Judy says Our lights are off. Computers are down. how we got where we are today, not she is scared for her family. She has We are not using a lot of our elec- necessarily to point the finger of blame never seen it this difficult to get by. tricity, so we can plug in our cars at but to point to the fact that it is not Mr. President, I ask unanimous con- night—the electricity would be cheap— likely to get better in the future. sent that following my remarks, these run our cars on electricity instead of I ask the Senator from Tennessee, letters and e-mails from constituents oil, and here would be the result: We isn’t it true that growing economies, in Tennessee be printed in the RECORD. would be trading, car by car, foreign oil such as China and India, are demanding The ACTING PRESIDENT pro tem- more and more access to energy which pore. Without objection, it is so or- for unused electric capacity. Ninety-eight percent of our transpor- has fueled their economic growth and, dered. in his view, is it likely that is going to (See exhibit 1.) tation is oil. Two percent of our elec- Mr. ALEXANDER. Mr. President, as I tricity is oil. Half our electricity at reduce anytime soon or just get worse? mentioned earlier, the Senate could night is not being used. So we could In other words, is this something that have, since the week before last, been begin, year by year, gradually con- is going to go away—a temporary prob- bringing up amendments from the verting cars and trucks to electricity, lem—or is this something that is going Democratic side and the Republican instead of gasoline made from oil. If we to become more and more of a problem side with proposals for dealing with $4 converted the whole fleet of cars and as time goes on? gasoline. Hopefully, the majority lead- light trucks, that would take many Mr. ALEXANDER. I think the Sen- er and the Republican leader are com- years and probably we would never ator is exactly right. In the newspapers ing to a conclusion today which will convert them all, but if we did, we today and yesterday was the story of permit us to start doing that. We don’t would get rid of 10 million of the 13 how in India they are introducing a expect every amendment we offer to be million barrels of imported oil we have new car which will be sold for $2,500. adopted, but we do represent millions today. Or, if we converted half the Now, there are more than a billion peo- of people who want us to try to solve fleet—which is a realistic assumption ple in India. They have a middle class the problem. over a number of years—we would re- that is bigger than the whole popu- We have before this Senate a very duce by 40 percent our imported oil and lation of the United States of America. specific proposal for bringing down the cut by 25 percent our total oil con- When suddenly tens of millions of peo- price of gasoline. It is based upon the sumption. ple in India begin to drive cars that are law of supply and demand: finding So plug-in cars, which the car compa- powered by gasoline, what happens to more and using less. Now, on this side nies are making and which we would the demand for oil in that country? of the aisle, we usually instinctively like to create the environment to sup- The demand goes up, and if the supply talk about finding more; that is, off- port, are coming, and we have the elec- doesn’t go up, too, the price goes up. shore drilling and oil shale, but it is tricity. In other words, the cars are We have the same thing in China. also important to emphasize that part coming, we have the electricity; all we There is a story in the Washington of our plan is using less. need is the cord, and that is the most Post today, which is part of a series, The United States of America uses 25 promising way to reduce oil. about how the Chinese, actually, for percent of all the oil in the world. The I see the Senator from Texas is here. status purposes, like driving Hummers. fastest way for us to bring down the The use less part is something that They like big cars. Here we Americans price of $4 gasoline, if it depends upon both sides of the aisle probably can are going to small cars and the Chinese finding more—supply—and using less— agree on, although I don’t know why are going to big cars and there are a lot demand—is to use less. What is the we haven’t been fashioning a program of them as well. We know the demand most promising way to reduce, by a over the last 10 days to do that. We for oil and gasoline is going up around large amount, the amount of oil we could have been debating whether to the world, and we are in the world mar- use? Give Big Oil some competition. have tax credits, whether to have ad- ket. So for the foreseeable future, as We believe it is plug-in electric cars vanced battery research, but we we move to a different kind of econ- and trucks. There are a great many haven’t. Where we get stuck is over omy—a different kind of energy pic- Democrats who believe the same thing. whether we need more supply. ture—we are going to need at least as That is part of our plan. That is what Our formula is pretty simple: Off- much oil as we have today. we would like to have had on this floor shore drilling, oil shale, and plug-in I say to the Senator, I think the for the last 10 days to discuss. cars and trucks. I say to the Senator question is: Are we going to be sending The bottom line is this: major auto from Texas, it seems that whenever we $600 billion or $700 billion overseas to companies—Ford, General Motors, Nis- get to the question of needing more buy it, or are we going to be paying san, Toyota—have told us that in 2010, American energy, that is where we ourselves to use it during the next 10, they will begin selling to us cars and have a difference of opinion with the 20, 30 years while we are moving to a trucks that can be plugged into our other side of the aisle. different type of energy environment? wall sockets at home and filled for 60 Mr. CORNYN. I agree, Mr. President, Mr. CORNYN. Mr. President, I know cents or so instead of filled with gaso- with the Senator from Tennessee. The there are some who have suggested we line for $80 or so. way I have heard it expressed, it cer- ought to demand that Saudi Arabia

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So if we elect, as the countries around the world, when we but I think of it this way: Every mil- U.S. Government, to say we are going have oil reserves right here in America lion barrels of oil we produce here at to significantly increase our supply by that can be developed but that Con- $130 a barrel is 1 million times $130 we a third, and we are going to reduce our gress has, in fact, placed out of bounds. are not sending over there to somebody use of oil by about a third, over time, About 85 percent of the oil here at else. If the third largest producer, the from the day we announced that new home could be produced, if Congress United States, adds 1 million barrels a energy policy, I believe it begins to would simply allow it, by lifting the day to its supply, that is a significant stabilize and drive down the price of ban or the moratoria on development addition on the supply side. So it seems oil. of that oil in the Outer Continental to me that our contribution, in terms I see the Senator from Arizona here. Shelf and the submerged lands along of offshore drilling, both would reduce The issue often comes up about what our coastline, and that could help us. I our dependence upon foreign oil, keep- role speculation has in all of this. Of think Senator DOMENICI has talked ing money in this country, and make a course, that is what buyers and sellers about it as a bridge to a clean energy contribution to the supply side, which of oil do. They are guessing: Will the future, where we have more cars that helps bring down the price in the price go up or go down? run on battery electricity and we wean world. My view always has been that the ourselves from our dependency—not Mr. CORNYN. Mr. President, the way you deal with speculation is in- only on foreign oil but on oil, period, Senator from Tennessee said earlier if crease the supply or reduce the de- because with the growing demand glob- we were all to make the decision in mand, because the expected future ally, the price pressure on that oil is 2010 to move to hybrid plug-in vehicles, price, supply, and future demand af- going to get nothing but worse, rather it would take some time to replace the fects today’s price. than better. internal combustion cars in this coun- The Senator from Arizona is an ex- I say to the Senator from Tennessee, try. Some said if we were to open up pert on taxation and financial matters. I know there has been a lot of commo- ANWR, the 2000-acre plot of land in a 19 I wonder what his view is on the effect tion on the floor over the last few million-acre frozen tundra in Alaska, of speculation on today’s oil prices. weeks about whether we stay on this or if we were to open up the Outer Con- Mr. KYL. Mr. President, I will an- issue or whether we move off it to talk tinental Shelf, it would take years be- swer that question, but I will decline to about other issues. I know this side of fore the oil would flow into the pipe- take the position as an expert on finan- the aisle has insisted that high energy line. cial matters. I will turn to a paper with prices and high gasoline prices is the I ask the Senator, if Congress were to which I don’t always agree and yet it is most pressing domestic issue facing send a message today that we were one of the leading newspapers in the our country today. We have been pret- going to allow the development of as country. The New York Times edito- ty clear that we are not going to leave, much as 3 million additional barrels of rialized on this issue yesterday. There- and we are not going to move off this American oil a day, whether it is from fore, I will perhaps answer by quoting issue to something else and leave this the oil shale out West, or from ANWR, about four sentences from this July 28, unresolved. or from the Outer Continental Shelf, New York Times editorial, called ‘‘Gas I ask the Senator from Tennessee: Is what in your view would be the mes- Price Follies.’’ The bottom line is they that an approach he agrees with, and sage to the commodities traders who agree with the Senator from Ten- does he agree that this is the single trade oil as a global commodity, and nessee: most pressing issue facing our country who buy and sell futures contracts for Yet all evidence suggests that speculation from a domestic standpoint in our the delivery of oil? In your opinion, has little to do with the rising price of crude. economy today? would that have a rather immediate From rice to iron, commodity prices are all Mr. ALEXANDER. Not only do I impact on the price of oil and, thus, rising, even without much financial specula- agree with the Senator from Texas, but the price of gasoline? tion, due to a variety of factors, including a so does Jason from Friendsville, TN, Mr. ALEXANDER. The answer is yes. weak dollar and growing demand from China and India. and Gina from Elizabethton and Wil- I appreciate the Senator’s question liam from Riceville and Tina from very much. His figure of about 3 mil- They go on: Nashville. Tennesseans want us focused lion barrels a day is realistic. He men- A report by government agencies—includ- on $4 gasoline. I think the Senator is tioned ANWR, the area in Alaska, ing the Commodity Futures Trading Com- which is actually the most readily mission, the Federal Reserve and the Treas- being generous when he says our posi- ury and Energy Departments—found that tion is that the Senate should stay on available to us. The history on that is speculative trades in oil contracts had little $4 gasoline until we are finished. going back to 1980, when President to no effect on the rise in prices over the last Our position is we wish to get on it. Carter agreed that 17 million or so five years. We have been talking about it. We have acres would be put in the Arctic Refuge They concluded with this: and off limits to any sort of drilling, a right to talk, but until the majority Oil futures are financial contracts for fu- 1 leader creates an environment so we but that 1 ⁄2 million could be drilled. ture delivery of oil. Their price has been re- can begin to offer amendments we can When they were finished drilling, they sponding to the same factors: growing world then vote on and come to a result on, would go into the refuge. So that has demand in the face of stagnant supply and we cannot act as a Senate. To his cred- been in place for a long time. There is the expectation that this dynamic will con- it, yesterday he made such a proposal. a pipeline there. Also, one well is there. tinue. I understand he is talking about it So that oil would be coming quickly. So it is precisely the point the Sen- with the Republican leader. But we There is infrastructure around many of ator from Tennessee was making. could have been doing this ever since a the areas where we would do offshore These buyers, investors on the market, week ago Friday. drilling in the United States. But the look to see whether demand is going to I say to the Senator from Texas, answer is yes to the Senator’s ques- be greater or less than supply. If it is sometimes I hear people say, well, it tion. If the United States added 3 mil- going to be greater, the price is obvi- won’t do much good to drill offshore. lion barrels to our production, that ously going to go up. That is the bet The debate will probably be between would be more than a third of an in- they place when they buy futures con- some senators who will say let’s do a crease in the production capacity of tracts. little more drilling where we already the third largest producer in the world. The best single thing we can do to re- allow ourselves to drill, in the 15 per- What if we heard that Saudi Arabia spond to this and drive the price down cent, and those of us who will say let’s was going to increase production by a is found on the chart of the Senator give States the option to drill 50 miles third? The effect on buyers and sellers from Tennessee: find more and use less. offshore in the 85 percent of the Outer of oil would be immediate. Martin The Times makes that point, by the

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.013 S29JYPT1 erowe on PRODPC61 with SENATE S7582 CONGRESSIONAL RECORD — SENATE July 29, 2008 way. If we can reduce consumption, with, in an effort to build a bipartisan primarily fueled by high fuel costs, that will reduce demand, but, far and solution. We have to do something and, which reflects itself in everything from away, the biggest answer is to find frankly, Congress has been part of the higher food prices to higher transpor- American energy sources to solve the problem. We need to be part of the so- tation costs, which find their way into American energy crisis. We have a lution. the products we buy—because of that huge volume of both natural gas and Mr. KYL. Would the Senator yield for inflationary pressure, the reality is crude oil right here in the United a question? that for most Americans, we are feel- States, primarily off our shores, which Mr. ALEXANDER. Yes. ing the same effects as if we were in a is why both the Senator from Texas, Mr. KYL. Would it be fair to charac- recession, and at the heart of this is the Senator from Tennessee, and I, and terize the Republican approach to this the energy problem. most of my colleagues here support as, in effect, all of the above, and that If we could solve the energy problem more offshore drilling to expand the we recognize there is a role to beef up in a balanced way, from electricity production of American energy to meet the agency that deals with speculation production, through nuclear power, and this crisis. and make sure they can do their job, offshore drilling, and reducing our de- Mr. ALEXANDER. Mr. President, and to provide as much new production mand, that would affect our future eco- how much time do we have remaining? as possible offshore or oil shale—any- nomic health and every American fam- The ACTING PRESIDENT pro tem- where we believe we can find that pro- ily in this country. pore. There is 6 minutes 45 seconds. duction—and that we also appreciate Mr. ALEXANDER. We should work Mr. ALEXANDER. If supply and de- the fact that there is another side to across party lines to find more Amer- mand is the major way to deal with this, not just transportation, which is ican energy, use less, and that would speculation, I believe the Republican energy production, electricity produc- bring down prices. legislation, the Gas Price Reduction tion. We are going to see our elec- I thank the Senators from Arizona Act, has in it a couple of legislative tricity costs go up and, clearly, nuclear and Texas who yielded. suggestions for how we might appro- power is a key factor in that, as well EXHIBIT 1 priately deal with speculation, without as, potentially, coal liquification or To: Alexander, Senator (Alexander) interfering with supply and demand. gasification. As part of all of these— Subject: Gas Prices The Senator from Texas helped to au- the ‘‘use less’’ part, which is to try to Hello My Name is Jason from Friendsville, thor that piece of legislation. eventually convert at least our auto- TN. I am a Firefighter with the Blount Coun- Mr. CORNYN. The Senator knows we mobiles to battery-powered vehicles— ty Fire Department. If you dont know we tried to find a consensus or common obviously, it would be more difficult to only have 1 man at 5 of our stations we have ground we could hopefully agree upon do that with jet planes and our ship- 7 stations and the rest of the time we depend and asked some of our friends on the ping right now. But we could begin on volunteers to respond to our emergency and help us, and for the full timers that is a other side to join us and, rather than that process. great chunk of our yearly income is running talking about the issue, actually try to So the Republican view is literally calls on our day off. Because of gas prices solve the problem. So we did include, all of the above—to have a balanced ap- our response to some of the emergencies has as part of the ‘‘find more, use less’’ for- proach that recognizes there is no one been very small we have been calling on mulation a title on speculation, where single thing but that offshore drilling other departments for help and that ties up we say there needs to be certainly would be the best, most immediate way their resources should they have an emer- transparency so we can see what is to increase our production. Would that gency in their jurisdiction. I know they say going on; and to the extent the Com- be a fair characterization? supply and demand but it is almost like a Mr. ALEXANDER. I thank the Sen- monopoly they can charge whatever and we modity Futures Trading Commission have to pay. Someone has to go help put the needs more cops on the beat, more re- ator from Arizona. That is a fair char- fire out how much profit do you need to sources to do their job, then we need to acterization. Unless we include new make to live comfortably. I am not sure but supply those analysts, investigators, American sources of energy, our elec- just because you say oil is up is no reason for and resources to be able to make sure tric prices are going up, gasoline prices you to raise prices to keep your income the abuses don’t occur. are going up, and our jobs are going same while ours greatly decreases. I heard I remember when the Senator from overseas. We need both—to find more our president say we have to stop our de- Arizona was talking about this. Warren and use less—and we need to do it now. pendency on oil and then ! he gets on a jet a Buffett has been quoted recently as The $4 gasoline price we are suffering jumbo jet with some guide planes and flies all over the place to accomplish nothing but saying that speculation is not the prob- from today is the first recognition that say they have us over a barrel and it is our lem. He agrees with the New York in addition to losing less we have to fault, and then gets on that same jet and Times. He says it is a matter of supply use more new American energy. For us, flies home to Texas for a day or two to help and demand. T. Boone Pickens, my that includes offshore drilling, oil relieve the stress. I am not saying he has constituent, who has made quite a shale, as well as plug-in cars and done a horrible job I just think he is failing splash with his energy plans, said if all trucks. us greatly in this regard. The gas prices are you are going to do is focus on specula- Mr. CORNYN. May I ask the Senator killng a family of 5 who lives off of a fire- tion, that is a waste of time. from Tennessee and the Senator from man’s income and a wife’s who does medical billing I am not sure how long I can drive So we tried to come up with a com- Arizona one question. We passed a mas- across town to help someone when I can’t monsense approach to this and one sive housing bill, a $158 billion eco- help myself. The emergency would have to be that could develop a critical mass of nomic stimulus package, because we in my back yard if this keeps up. bipartisan support. Until now, the ma- are all concerned about the economy. jority leader, who controls the floor in Let’s assume we are successful in deal- Subject: How Gas Prices Are Affecting Me the Senate, has decided not to allow us ing with those problems. Do you see Dear Mr. Alexander, I will be happy to that opportunity. Yesterday—I agree the rising costs of gasoline and oil and share my story . . . I’m a single mother of 1 with the Senator from Tennessee—it energy as a big—or maybe even a big- child. I don’t have a car payment . . . it’s paid off. I drive a Honda Passport . . . small looked as though there was a little ger—threat ultimately to the economy, SUV. I live in Elizabethton and drive to speck of light in the darkness; a little and that it might have the very direct Johnson City (25 miles one way) Monday hope was there that the majority lead- effect of putting us into a bona fide re- thru Friday to work. It takes $65 a week now er would perhaps modify his position. cession? for my gas and that is only to and from I hope we don’t leave here this week Mr. KYL. Mr. President, if I may re- work. (That’s $260 a month) I don’t have any without doing something meaningful spond briefly, there was an article in credit card debt, or outstanding debt. I pay to bring down the price of gasoline. We the Wall Street Journal, I believe, yes- for my home and utilities. I am taking from are certainly willing to listen to the terday. In any event, the point of the my grocery money, that I have budgeted, to ideas our colleagues on the other side article was that while we may not have make up for the gas. AND I am buying my groceries now at the General Dollar Store. I of the aisle have. I suspect that if they technically been in a recession, the def- can’t afford meat . . . so we are living on have the opportunity to vote, a number inition of which is two quarters of neg- Ramen noodles and the bare necessities. I of them would agree with us. Maybe ative economic growth consecutively, bet nobody in Congress/Senate is having to they would have ideas we would agree the reality is that because of inflation, do that! I am so disgusted with the economy

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.015 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7583 right now. I have always voted Republican If there is not some type of relief soon, We are confronting on that side of . . . I don’t know if I can vote that way any- there won’t be anything left to provide for the aisle, that is very cozy with big more. I can’t vote for Obama . . . I would my daughter. oil—they want to have it all their way have voted for Hillary, because at least when TINA, and say, ‘‘drill here, drill now,’’ a sim- she was in the White House with Bill the Nashville, TN first time . . . the economy was great! But ple slogan when, in fact, it is a lot now there is no one to vote for. I wish the Subject: Impact of Gas Prices more complicated today. Yet we can- nation would make a clean sweep and put ev- Dear Senator Alexander, I am a 61-year-old not get agreement to do what all of us erybody out of office because it’s the ones grandmother struggling to support my mild- deep down understand is the common- that are in there now that have gotten us ly disabled daughter and a five-year-old sense thing to do, and that is bring a into this mess. granddaughter who live with me in Joelton, comprehensive measure in which we And another thing . . . if we sell or trade TN. Anna, the five-year-old, has been attend- anything to those nuts over across the sea ing a public magnet Montessori school; she start doing a number of things at once, that are selling oil for $128 a barrel . . . then has been there for two years. The gas costs including pouring the money into re- anything that we sell them should be the $115 per month just to take Anna to school. search and development and financial same price! I don’t care if it’s just one With gas prices so high, we are trying to fig- incentives, such as tax incentives, to paperclip . . . it should be the same price. ure out how to be able to buy food and basics develop new sources, alternative fuels. This is ridiculous! I also think that be- and still be able to buy gas to get Anna to That is the way to go. Yet we hear this cause this country is in such a mess, NO- kindergarten. high-blown rhetoric about ‘‘drill here, BODY should be able to spend more than 10– I have no health or life insurance, because 12 years in office as a senator or congress- there is just not enough money to go around. drill now.’’ man. That needs to change. I also have no retirement and no more sav- It is with a heavy heart that I have GINA, ings left, and because of my daughter’s ill- to continue to say what I just said be- Elizabethton, TN. ness, have accumulated a sizable debt. cause all we are is wound around the I was a self-employed professional woman axle in the Senate since we cannot get Subject: Gas Prices and did OK for most years of my life. I never anything passed unless we have 60 Senator Alexander my family lives on a imagined it would come to this level of dif- fixed income i am on disability and my wife ficulty. I’m really scared. votes. And if we cannot get the two is unable to work due to her health yet she Thanks for asking. sides to get along, we have what we has been turned down for her disability she JUDY have, which is gridlock. is practically bed riden. these high gas prices Joelton, TN f affect the way we live dramatically we have The ACTING PRESIDENT pro tem- to decide wether we buy gas to go to the doc- TRIBUTE TO SAMUEL SNOW tor and then not be able to buy the medicine pore. The Senator from Florida. Mr. NELSON of Florida. Mr. Presi- Mr. NELSON of Florida. Mr. Presi- or wether we get to buy something to eat. dent, it is with a heavy heart that I this not right people should not have to live dent, I ask unanimous consent that the this way. i have 2 children also so you can time controlled by the majority be di- come here to speak about an American, imagine the delema this causes when the vided as follows: 10 minutes for myself, who was discriminated against and who kids need something and you have to either 15 minutes for Senator BINGAMAN, and 5 lived a life of trying to overcome that tell them no because we have to have gas to minutes for Senator SCHUMER. discrimination and was not treated go to the doctor or the store or medicine, i The ACTING PRESIDENT pro tem- fairly by his Government, who unex- dont know how you think people on social pore. Without objection, it is so or- pectedly died on Sunday. This is Sam- security are supposed to make ends meet uel Snow from Leesburg, FL. I want to when the ends keep moving further apart. it dered. is not right maybe you senators and con- f tell this story because I want people to be outraged, as this Senator is, at the gressmen in washington should come down ENERGY to reality in my world and try to live on less way he was treated by the U.S. Govern- than 2000.00 dollars a month my truck has Mr. NELSON of Florida. Mr. Presi- ment. not been near half a tank in so long it would dent, I came to speak about a personal Mr. President, I ask unanimous con- probably quit running. thank you for your tragedy in the lives of a Florida fam- sent to have printed in the RECORD two time. my name is William. ily. But I wish to say at the outset, articles: one from the Seattle Post-In- i would be surprised to hear from you. I would like to speak with you on this matter. here we go with all this talk about it is telligencer from November of 2007, as By the way if there is anything you could do a certain way or the highway to solve well as the St. Petersburg Times from to help my wife with her disability i would this energy problem. As I said on the July 28, 2008, after my comments. greatly appreciate it it would help us greatly floor of the Senate a few days ago, if The ACTING PRESIDENT pro tem- thank you we had the political will where we pore. Without objection, it is so or- WILLIAM. could take a balanced approach of dered. looking not only at now and drilling (See exhibit 1.) Subject: My Story Mr. NELSON of Florida. Mr. Presi- Gas prices are affecting me as a single what is available, but look to the fu- Mom in more ways than one. Because I have ture for alternatives and renewables so dent, back in 1944, 27 African-American to work, I have had to give up things such as that we wean ourselves from this de- soldiers were convicted of rioting and prescription medications that I need month- pendence on specifically foreign oil, lynching an Italian prisoner of war at ly (no insurance coverage as of June 30th) but also on our dependence for decades Fort Walton, WA. Among those con- and grocery items. My daughter and I cannot in the future on oil as the staple of our victed was Sam Snow. afford the luxury of leaving the house on energy, realizing that if we continue to Following his conviction, he was im- most weekends, and if we do, it is only for prisoned for almost a year, forced to necessary items. We cannot afford a simple do that, we are just going to be digging outing such as a movie or a day trip. My ve- a hole for ourselves maintaining de- forfeit his pay, and then when he was hicle was repossessed in December 2007 be- pendence on oil as the No. 1 source of released from prison, he was discharged cause I had not worked since January 2007 energy. with a dishonorable discharge. Until and I simply cannot afford to buy the gas to Don’t we have enough evidence now recently, there was no hope of him re- get to work. It is cyclical. I have to work to that when you have to depend on up- ceiving any kind of future health or re- pay the bills, but cannot afford to get to wards of 70 percent of foreign oil that tirement benefits from his admirable work. service during World War II. I have noticed that items at the grocery is not a good economic posture as well store have risen as well due to gas prices, so as a defense posture for national secu- Sunday, Sam Snow passed away, not there are many things I simply cannot buy rity for this country? in his home of Leesburg, FL, but in Se- anymore. My daughter has had to sacrifice Don’t we have enough evidence now attle, WA, because he had gone there, time with her friends because I have to save that the United States has only 3 per- traveling across the country, for a every extra penny to make sure I can get to cent of the world’s oil reserves, and yet ceremony that the U.S. Army was my new job that may not work out because we consume 25 percent of the world’s doing to apologize and award Sam it is costing, at this moment, more than $200 oil production? And is that not enough Snow with an honorable discharge be- a month in gas. When gas prices increase lately, it is usually .10 a gallon. My income to get it through our skulls that the cause for more than 64 years, Sam has not increased so every month I get fur- way of the future for this country is to Snow had endured this injustice—im- ther into a black hole that I may not get out cut that dependence on oil and go to al- prisoned, ordered to forfeit his pay, dis- of and could possibly lose my home. ternative sources? honorably discharged—and it was all

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.002 S29JYPT1 erowe on PRODPC61 with SENATE S7584 CONGRESSIONAL RECORD — SENATE July 29, 2008 wrong. The U.S. Army never got tions of 28 black soldiers linked to a race riot Last week, the Army said that military around to changing things until an in- and hanging of an Italian war prisoner at prosecutors had used questionable tactics vestigative reporter in Seattle sud- Fort Lawton in August 1944. that undermined a fair trial. denly uncovered this in a book he Snow was brought up on rioting charges In addition, Hamann says in his book, the even though he wasn’t involved in the fracas. Italian POW was likely lynched by a preju- wrote a few years ago. After several months in lock-up, he was diced white military police officer. So the Army, last Saturday, was pre- dishonorably discharged, which disqualified For Snow, whose life was shaped by two senting Sam Snow with his honorable him from the GI Bill—and a chance at col- places—Seattle, where fate struck in a bad discharge. But he got to feeling bad. lege. way, and Leesburg, where he found his way— His son had to go and accept the honor- He was just 19 at the time, and Seattle was a gross injustice has been made right. able discharge for him. His son brought the only big city Snow, from a small, South- He never planned to stop living even after it back to him where he was feeling ill. ern town, had visited. After his ouster from being so wronged. He always believed a beau- the Army, Snow was hurt and ashamed, de- tiful life was right there for the making. He clutched it in his hands, and a few railed from the path of his own father, who Amen. hours later he died. served during World War I. After that dishonorable discharge 64 He returned to his segregated hometown of [From the St. Petersburg Times, July 28, years ago, he returned to his hometown Leesburg, Fla., poverty staring him in the 2008] of Leesburg, FL, with a dishonorable face. BURDEN LIFTED, WWII VET DIES But this is what Snow did next: discharge. He took a job as a janitor. (By John Barry) He got work as a janitor, rising at 4 a.m. He took on odd jobs. He even was a Samuel Snow got his father to help burn neighborhood handyman. Last year, every day. He took on odd jobs working in orange his dishonorable discharge papers. Snow kept when the Army overturned his and groves or with livestock under a fiery sun. the secret from everyone in Leesburg—even those other surviving veterans’ convic- In his spare time he became the neighbor- his own children. For six decades no one tions, they decided they were going to hood handyman and never turned down a re- knew that in 1944 he was convicted in the give him his backpay they had taken quest. largest Army courts-martial of World War II. away from him when he was impris- He married his sweetheart, Margaret, and He worked anonymously as a church janitor. oned for almost a year. Mr. President, they had two sons and a daughter. ‘‘No one wants to be a failure,’’ he said. The Army formally apologized Saturday do you know how much that was? It He buried that daughter, just 17, after she lost her fight with lupus. He buried his for the life of invisibility it had inflicted on was $725, 1944 dollars. mother after an illness—and his brother as Samuel Snow for 64 years. When a bunch of us heard about it, well. It came just in time. The 83-year-old we petitioned the Department of the He took in his sister’s son, who was men- former buck private fell ill the night before Army. tally challenged and nurtured his potential. Saturday’s ceremony in Seattle. He died I have come to this floor many times He put his own sons through college on a hours after his son placed his freshly issued to quote President Lincoln, and I say it blue-collar salary, and they went on to be- honorable discharge in his hands. again for it is our obligation ‘‘to care come teachers. Snow was 19 when he was convicted. He had been in a Seattle Army camp called Fort for him who shall have borne the bat- He built a home in Leesburg—and built his brother one in the lot behind. Walton, due to be shipped out to New Guin- tle—and for his widow, and his or- He became a pillar of his African Meth- ea. A riot had erupted in the camp between phan.’’ odist Episcopalian church, rising to become black soldiers and a group of Italian pris- In May, the Armed Services Com- a lay president for the local district and gal- oners of war. The next morning an Italian mittee unanimously reported out the vanizing people to get humanitarian aid to POW was found lynched. Forty-three black Fiscal Year 2009 National Defense Au- the Third World. soldiers were prosecuted. Three were con- thorization Act which contains a provi- As Snow went from teenager to father to victed of first-degree murder. Twenty-five, sion to enable the service Secretaries grandfather, there was one thing he never including Snow, were convicted of rioting. to adjust forfeited pay for all did: Bad-mouth the Army. It turned out they had been railroaded. A confidential Army investigation called the servicemembers who suffer an injus- He did the opposite, actually, encouraging his grandchildren to sign up, Ray Snow Jr., case a sham, lacking any physical evidence. tice, such as Mr. Snow, which is later a grandson, told me with a chuckle. A general’s report speculated that an MP overturned and corrected. ‘‘Yes, I felt I had been served an injustice,’’ could have done the lynching. It is with a heavy heart that I ac- Sam Snow said when we caught up this That report lay buried at the National Ar- knowledge Mr. Snow will not receive week. ‘‘But I decided I wasn’t going to hold chives until 2002, when a Seattle TV reporter an interest-adjusted payment for his a grievance against nobody.’’ named Jack Hamann found it and used it to injustice. I am hopeful, however, that He followed a life map of his own: ‘‘Stay write a book, On American Soil. When this body will soon take up the Defense patient. Stay humble. Don’t be boastful. Hamann’s book was published in 2005, Sam- uel Snow’s secret was out. authorization bill so Mr. Snow’s family Take care of your family. And God will make a way.’’ Snow’s youngest son, Ray, said the book and others like them receive justice He always told people God would find a answered questions that had always nagged when there once was none. way to shed truth on what happened long ago him. His father was the hardest-working Today I will ask the Secretary of the during his brief time in Seattle, where he man Ray had ever known. He worked ‘‘can’t- Army Pete Geren to use this authority was on a stopover before heading to war. see to can’t-see,’’ Ray said, meaning Dad left to ensure that Mr. Snow’s surviving During the court-martial, he and the other for work in the dark and came home in the wife Margaret and son Ray receive all soldiers had defense lawyers who weren’t dark. But he worked only small, odd jobs. benefits that are due to them. given enough time to interview them. Dad was living a lie. He had gone into the Army hoping to be a mechanic. He had hoped The ACTING PRESIDENT pro tem- The prosecution, meanwhile, botched the identification of some men and held key doc- to go to school on the GI Bill of Rights. He pore. The Senator has used 10 minutes. uments the defense should have seen. had wanted more than janitorial work. But Mr. NELSON of Florida. Mr. Presi- These—and other injustices in the case— he couldn’t risk an employer checking into dent, I wish I could tell the story. I will would have been lost to history had Jack his background. He couldn’t even tell his do it later on and complete the story. Hamann, a Seattle journalist, not written a wife or his kids. EXHIBIT 1 powerful book, ‘‘On American Soil,’’ that Snow was one of only two known surviving soldiers from the 64-year-old courts-martial. [From the Seattle Post-Intelligencer, Nov. 3, moved Uncle Sam to take another look. The other soldier, Roy L. Montgomery, is in 2007] ‘‘Wouldn’t have made it without Jack,’’ Snow told me. ‘‘He believed.’’ poor health in Chicago. He did not attend the HE STOOD TALL AFTER ARMY DEALT A BLOW As did another man—Howard Noyd of ceremonies. (By Robert L. Jamieson) Bellevue. Snow fell ill and was hospitalized in Se- He’s 83 years old and has a slight frame, Noyd, now 92, was one of just two defense attle after a Friday dinner with his family, shy of 5-foot-5. lawyers who represented the original pool of said Hamann and others who had helped with The weight he carried for 63 years, after more than 40 soldiers. the case. Son Ray accepted the honorable being railroaded by the Army for a Seattle ‘‘We weren’t given enough time even to discharge papers for him the next day. ‘‘My crime he always said he didn’t commit, interview all of the black defendants and do father never held any animosity,’’ Ray told would have destroyed a lesser man. But justice on their behalf,’’ Noyd told me this the audience. ‘‘He said, ‘Son, God has been that’s not the way of Sam Snow, whose story week. good to me. If I hold this in my heart, then offers a road map for how to move on after ‘‘We were not able to get the inspector gen- I can’t walk in forgiveness.’’’ a crushing blow. eral’s report. The government was out to get Snow’s family was en route home on Mon- Snow was a footnote to last week’s news— the black troops punished in order to satisfy day. A funeral is tentatively planned for Sat- the Army paved the way to overturn convic- the Italian government.’’ urday in Leesburg.

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.017 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7585 Arrangements are pending for the only tion tax package. But let me describe tremely important to high-technology thing Snow had wanted from the Army be- what is in this legislation. firms in our country. It accelerates ap- sides an apology: a military sendoff, includ- This is a very important piece of leg- preciation for qualified leasehold res- ing an honor guard with spit-shined shoes, a islation, and I strongly believe we need taurant and retail improvements. This three-volley gun salute, taps on the bugle, folded Stars and Stripes solemnly presented to proceed to it, then pass it, and send is small business. Small businesses to his wife, Margaret. it back to the House. around this country need this provision With regard to energy, the package The ACTING PRESIDENT pro tem- extended. includes tax incentives that are essen- It extends an important inter- pore. The Senator from New Mexico. tial to this country if we are going to national tax provision for businesses f decrease our dependence on foreign oil. that engage in active financing. ENERGY It promotes renewable alternatives Individual families have a tremen- to foreign oil. Among these provisions dous amount at stake in this legisla- Mr. BINGAMAN. Mr. President, I is the production tax credit. The pro- tion. First of all, this legislation con- wish to talk about the two different en- duction tax credit is available for peo- tains the so-called patch for the alter- ergy packages we are debating in the ple who put in wind farms. native minimum tax. What that means Senate this week because there are We have all seen T. Boone Pickens’ is that there are literally millions of two. There is not just the one that the advertisements on television. He is Americans who will be able to avoid Senator from Tennessee, the Senator talking about the production tax cred- having to calculate and pay taxes from Texas, and the Senator from Ari- it. He was before our Energy Com- under the alternative minimum tax if zona were talking about earlier. There mittee 3 weeks ago, and he has testi- we enact this legislation. If we do not, are two, and I think we need to focus fied that he favors extending the pro- then they have to go ahead and do on both. duction tax credit. That is what is in that. So this is very important. First, with regard to the effort to lift this legislation. It extends the child tax credit. I have the moratorium on offshore drilling, It also contains a key 8-year exten- heard candidates for President talk let me make one correction on the sion of the solar energy and fuel cell about how much they favor the child record. investment tax credit. This gives com- tax credit. Well, this extends the child It is being repeatedly said by our Re- panies the certainty they need to make tax credit and provides a tax credit of publican friends that 85 percent of the additional capital investments in U.S. up to $1,000 per child to help working Outer Continental Shelf is off-limits to solar facilities while enabling busi- poor families. drilling or off-limits to any kind of nesses to adopt technologies that can It extends the qualified tuition de- leasing. That is not true. The reality is significantly benefit our environment. duction for higher education ex- very different. The reality is what this It includes a long-term extension of penses—people who have children in chart demonstrates; that is, that 67 the residential energy efficient prop- university or college who want to have percent of the Outer Continental Shelf erty credit through 2016. It allows the those tuition expenses deducted. today is available for leasing. cap for that to go from $2,000 up to It enables retirees to continue mak- The reason they say it is only 15 per- $4,000. ing tax-free IRA rollovers to qualified cent is because they do not count Alas- It authorizes $2 billion in new clean charitable organizations. ka, but Alaska is part of the United renewable energy bonds to finance fa- Mr. President, there is another provi- States. The area around Alaska has an cilities that generate electricity from sion that has been inserted by the Outer Continental Shelf, just like the renewable sources. chairman of the Finance Committee rest of the country has an Outer Conti- In the more immediate term, it es- that I think is very important, and nental Shelf. tablishes a new credit for plug-in elec- that is the provision we call the Secure It is clear when we look at it that tric-drive vehicles. I have heard a lot of Rural Schools and Payments in Lieu of there is a lot of potential in the Outer discussion by our Republican col- Taxes legislation. Three-quarters of Continent Shelf around Alaska. In fact, leagues about how much they favor the Senate voted for this legislation the Department of the Interior has two electric plug-in hybrid vehicles. This when it came up before. lease sales scheduled for next year in legislation actually will do something We have schools around this country the Outer Continental Shelf in Alaska. to promote the development of those in rural areas that are laying off teach- The Department of the Interior has 16 vehicles. It is a new credit starting at ers today because we have not been lease sales scheduled in the next 4 $3,000 and increasing for each kilowatt able to reauthorize the Secure Rural years in the Outer Continental Shelf. hour of additional battery capacity. Schools Program. This package will This month, in August, they have a It incentivizes commercial vehicle provide $3.8 billion to some 2,000 coun- lease sale in the Gulf of Mexico. There owners, particularly trucks, to invest ty governments in 49 States to increase is a whole series of lease sales coming in idling-reduction units, such as auxil- support for schools and roads and other up, both in Alaska and in the Gulf of iary-power units and advanced insula- critical needs. Mexico, in areas that are available for tion so as to reduce their demand for There is a lot in this legislation that leasing. more fuel. is extremely important, so the obvious So the constant refrain that we hear It extends credits for energy-efficient question is, Well, why can’t we just that 85 percent of the Outer Conti- improvements in existing homes and in pass it? Who is objecting? Well, when nental Shelf is not available for leasing commercial buildings. you try to analyze that question, you is just not true, and I wanted to correct In addition to all these energy-re- get to the issue of offsets. Everyone the record in that regard. If anybody lated tax provisions, which I think are says they favor the provisions I just de- wants to dispute that, I urge them to extremely important for us to enact— scribed, but they say—particularly on come to the floor and tell me I am and let me say, essentially all of the the Republican side—well, we don’t wrong. But I am not wrong. These are existing provisions I am talking about agree with the offsets. Let me take a figures from the Minerals Management that we are trying to extend are sched- few minutes to describe the different— Service. They are the ones in charge of uled to expire at the end of this year, the variety and flavor of the objections the leasing, and they confirmed these at the end of December. We need to ex- we have heard with regard to offsets. figures. tend them so people can make invest- First of all, let me say that this is Now let me talk about the other en- ments this fall knowing there is still not a new piece of legislation before ergy-related package which is before us going to be that tax provision in law the Senate. This legislation came up in today. Tomorrow the majority leader come next year. June of 2007. We were not able to pass has announced that we are going to But in addition to these energy pro- it. It came up in December of 2007. We vote on a motion to invoke cloture on duction and conservation provisions, were not able to pass it. It came up the motion to proceed to what is called American businesses generally have a again in 2008 and passed with a large the enhanced tax extenders package. I great deal at stake in this legislation. margin because, frankly, there were no think the better title for this would be The legislation extends the research offsets in that legislation, which was the energy production and conserva- and development tax credit. This is ex- the Republican preference. It came up

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.005 S29JYPT1 erowe on PRODPC61 with SENATE S7586 CONGRESSIONAL RECORD — SENATE July 29, 2008 with offsets again in June, on June 10 2003 tax cuts, the so-called Bush tax here with the extenders. I say to my of this year, and again June 17 of this cuts, are scheduled to expire at the end colleagues, these tax extenders, which year, and both times it failed. So let of 2010. So they say: If we agree to off- are focused on energy alternatives, are me talk about this offset issue. I think sets here, then someone is going to say far more important to reducing gas that is the core of the problem. we ought to have offsets there, and prices than drilling. Whether you are The rhetoric on the Republican side clearly that is not going to be a good for drilling or against it, we all know has been varied. Some Senators have position to be in. I would just say that you cannot drill your way out of this said it is wrong to offset temporary ex- offsetting the current package will cost problem; that just by drilling, by focus- tensions of current law with permanent up to $55 billion. In contrast, the Con- ing on drilling, we are telling both tax increases. Now, obviously, the fact gressional Budget Office says that ex- Saudi Arabia and ExxonMobil that that all of this is adding to the def- tending the 2001 and 2003 tax cuts—the they are going to continue to control icit—if we don’t offset, it all adds to Bush tax cuts—and adding an AMT our destiny for decades to come. And the deficit—doesn’t seem to concern patch is going to cost a little over $4 look what that has brought us to now— people. But somehow or other, there is trillion. So we need to focus on the $4-a-gallon gasoline. something about permanent and tem- challenges before us, not think hypo- The only solution is to wean our- porary that is out of sync and objec- thetically about how a future tax cut selves from oil and, to a lesser extent, tionable to some people. may be handled. natural gas and to move to alter- As I understand it, the bill that Sen- Some of our Republican colleagues natives such as wind and solar for elec- ator BAUCUS has now filed and that we have pointed to other provisions in the tricity, and battery-powered cars, elec- are going to vote on tomorrow address- legislation that they find objection- tric cars, and gas-powered cars to deal es this concern. It sunsets the extender able. I know some of them have said with automobiles, and other kinds of offsets at the end of the budget window there was a provision in here that al- efficiency-enhancing measures. If we and thereby makes sure they are not lowed trial lawyers to deduct certain ever want to be free of big oil, this is permanent offsets. expenses. That has been stripped out. the place to go. A second argument on offsets we Some have said there is a provision to So for all the speeches we are hearing have heard from some Republican require the Davis-Bacon Act. But the from the other side about drilling, Members is that they will not accept last extenders bill, as well as the one which won’t bring any more oil for 7 to paying for new tax provisions with off- before us today, includes no such provi- 10 years—and, of course, we are for a sets, but they will not agree to pay for sion. plan of increasing our domestic produc- extensions of current law with offsets. I also wish to reiterate my sincere tion and drilling that is more efficient To me, this is something of a peculiar disappointment with the administra- and quicker, but no amount of drilling argument. Offsets of existing tax law tion. President Bush has previously is going to solve our problem. would be acceptable provided that the committed to the energy tax incentives We know why they want drilling. Big offsets were in the nature of a non- in this bill, which were enacted by the oil wants drilling. Well, I say that the defense discretionary spending cut. But Energy Policy Act of 2005. When he vis- American people don’t want if you are trying to offset with addi- ited my home State of New Mexico to ExxonMobil or OPEC or Saudi Arabia tional revenue, it is not acceptable. sign the act, the President praised that controlling our destiny any longer be- I know this is getting obtuse, but bill for recognizing ‘‘that America is frankly it is getting difficult to sort cause that brought us $4-a-gallon gaso- the world’s leader in technology and line. We want alternatives. We want a through all the rationale that has been that we’ve got to use technology to be put forward for opposing the legisla- car that can run by electricity—just as the world’s leader in energy conserva- powerful, just as long a ride, just as tion. tion.’’ But while some of us in Congress A third argument is that some Mem- smooth, if not a smoother ride, than have been working to ensure that gasoline-driven cars and a heck of a lot bers say they are opposed to any and America maintains this leadership all offsets. To include offsets, they say, cheaper. We want our homes powered— role, the administration has been ab- heated and cooled—by wind power and is tantamount to raising taxes on sent. I must question the sincerity of someone in exchange for cutting taxes solar power and biomass and so many the President’s commitment to energy of the other alternatives—cellulosic on someone else, so that nothing security when he sits by idly and al- should be offset. ethanol—and this bill takes the first lows these provisions to lapse. large step to doing that. The tax ex- I would hope Members paid attention It is time for Republicans to stop tender bill will increase focus on solar. to the news from yesterday. The news moving the goal posts. It is time to ad- from yesterday was that we are, in fis- dress America’s pressing challenges Talk to the people who do these al- cal year 2009, going to have a budget and it is time to acknowledge the dire ternatives. They say that unless we ex- deficit, estimated by this administra- fiscal budgetary situation in which we tend the tax cuts, particularly for a tion—this is not a Democratic esti- find ourselves, and not to dig the hole longer period of time, they cannot mate, this is the Bush administration even deeper. It is time to pass the ex- make an investment. Germany is way saying that the new administration tenders package before we leave this ahead of us in this area, as is France, will come into office with a deficit of week. and China is leaping ahead of us in this $482 billion, the highest on record. Our The ACTING PRESIDENT pro tem- area, and all because my colleagues debt will climb by over $800 billion this pore. The Senator has used his 15 min- don’t want to close some tax loopholes 1 year to more than $10 trillion when utes. primarily dealing with people who put this President leaves office. I would Mr. BINGAMAN. Mr. President, let their money overseas and defer their think that information would con- me conclude by saying that I believe it taxes, which no American should have centrate people’s minds on whether we is extremely important for us to go the right to do. ought to offset some of these tax provi- ahead and proceed to and pass this tax So I say to my colleagues, you want sions, and clearly, it seems to me, we extender package, and I hope col- to bring down gasoline prices? You should. leagues will support that. want to bring down the cost of home I think the truth is that the concern The ACTING PRESIDENT pro tem- heating oil? The best thing to do is on the Republican side about offsets is pore. The Senator from New York. move this extender package. It is far really driven by a different factor, and Mr. SCHUMER. Mr. President I rise better than drilling—whatever your let me just describe that because I in support of the comments of my col- view on drilling. Let’s see what hap- don’t think we have had enough discus- league from New Mexico, who has done pens when we vote on these proposals sion of it here on the floor as yet. an excellent job, along with the Sen- this afternoon and tomorrow. All the There are many on the Republican ator from Montana, in putting this to- talk about $4-a-gallon gasoline—less side who are concerned that if they gether. important than defending those who agree to offsets for this package we are We have heard a lot of talk on the hide their money overseas and won’t voting on tomorrow, this would set a floor about drilling. That has gotten a pay taxes. That is what the votes are dangerous precedent when the 2001 and lot of the heat, but the light is right going to show here.

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.020 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7587 This bill is a vital bill. This bill has fices, MMS, the summary status of make photovoltaic cells; or chemicals so many good provisions in it that will what is happening with the litigation used to make batteries for hybrid and wean us from oil. that is blocking us from doing any electric cars can accidentally spill and I say to my colleagues once again, we meaningful production when it comes harm the environment. An offshore know we cannot drill our way out of to offshore Alaska, Alaska OCS. There wind turbine foundation might harm the problem. We have twiddled our is a total of six litigation cases that fisheries habitats. A windmill on shore thumbs for 7 years. It is about time we are filed against MMS affecting the might kill birds. Methane gas might started giving the tax incentives to al- Alaska OCS. I can provide the details, explode. An accident can happen. But ternative energy and freeing our coun- certainly, but I think what I would like why not look at the real impacts of try of OPEC, of Saudi Arabia, of to highlight is—whether it is the 5-year modern technology and the real risks ExxonMobil, and of $4 gasoline. leasing program lawsuit that has been that modern technology involve? I yield the floor. filed by the Center for Biologic Diver- I will use my example of what is hap- The ACTING PRESIDENT pro tem- sity, the Chukchi Sea sale 193 lawsuit, pening up north with oil exploration. pore. The Senator from Alaska is rec- the Beaufort Sea sale 202 lawsuit; the During the past 31 years, the Prudhoe ognized. Shell exploration plan lawsuit—Shell’s Bay oil field has produced 15 billion Ms. MURKOWSKI. Mr. President, operations have been held up for two barrels of oil. This is about one-fifth of again, I express the concern that we as seasons now because the ninth circuit all the oil that this country has pro- Republicans are labeled as the party has not moved on a decision there—we duced over the last three decades. Dur- that only chooses to drill, drill, drill have a Beaufort and Chukchi Sea seis- ing that 31-year time period I can tell our way out of high energy prices. Our mic survey lawsuit. Other MMS litiga- you the technology has vastly im- colleagues on the other side of the aisle tion is an FOIA lawsuit related to the proved. When Prudhoe opened, wells are viewed as the party that is saying Chukchi Sea sale, the Fish and Wildlife were drilled over the top of the oil de- no to any domestic production, no to Service incidental take regulations, posits themselves. The wells were providing for more energy independ- Beaufort Sea as well as Chukchi Sea about every several hundred yards. ence when it comes to what we can do notices of intent to sue for violations Today, hundreds of wells can be drilled for ourselves, and whose answer is of endangered species as they relate to from a single well pad and they do this only: Stop the speculation; the answer polar bear, fin and humpback whales, through the technique of directional is only renewables. and eiders—my point is we do have op- drilling. That allows the companies to I come from a producing State. Alas- portunities up north. We do have a re- ka has been doing a fine job over the drive wells from one tiny gravel pad source that is incredible. We recognize past 30 years, providing oil to the rest that can reach oil deposits under the it. Again, we would like the ability to of the country and providing it in surface up to an area 8 miles in diame- be producers for the Nation. It is not quantities that truly make a dif- ter. That leaves more than a 100- just the challenges we face dealing ference. We want to be able to continue square-mile area of habitat undis- with an Arctic environment. So much to provide it. But we recognize that turbed between these well pads. These of what happens that causes delays so drilling is not the only answer. It is well pads have decreased in size by 88 that we do not see increased produc- not the only thing that is going to get percent during the life of the Prudhoe tion domestically in this country is this country to a position where we are Bay field. due to the litigation. not going to be held hostage by the In addition to directional drilling, we I want to speak a little bit about not geopolitical events in Nigeria, in Ven- have the 3–D and even 4–D seismic test- necessarily the challenges but the op- ezuela, in Iran. ing. This pinpoints the location of the We have to be doing more. The an- portunities that we have in the north- wells, technology that doesn’t harm swer is a little bit of everything. It is ern environment specifically to any animals in the process. to find more and use less. When we are produce, and the opportunities that are Once the companies find the areas talking about finding more, we have to brought to us because of the tech- they want to explore, they build ice be realistic about where we can find nology. Some in this body have sug- roads to move drilling equipment to more and it should not be in Saudi Ara- gested that drilling is not the way out the site, roads that melt in the spring bia’s backyard. It should not be in Ven- and drilling indicates we are guilty of leaving no trace, no sign of human ac- ezuela. What we can do here we should an old way of thinking about energy tivities come summer. I stood on this be doing here. issues. I think it is probably more ac- floor. I told you how it works. It is like When we say we need to have an en- curate to say those who oppose the pro- a Zamboni going across the tundra. In ergy policy in this country that en- duction of conventional oil and gas in addition, we place mats—they call courages production and encourages in- this country as part of a balanced en- them duramats—on the ground to pro- vestment for production and discour- ergy policy that includes renewables tect the fragile tundra to make sure ages consumption, that is what we and includes conservation are the ones the wheel tracks are nowhere to be need to be working toward, Repub- who are guilty of old, outdated think- seen when the spring arrives in the licans and Democrats alike, not just ing. It is clear that those who oppose Arctic. this finger pointing, saying all you increased domestic production are ut- The new technology goes on. New de- want to do is drill and us, on this other terly resistant to the technological tection systems on pipelines can sniff side, saying all you want to do is noth- changes that have occurred both on- out the hydrocarbon molecules and ac- ing. We are not answering the problems shore and offshore in gas production in tually shut down a pipeline before our constituents are facing back home the past 40 years in this country. drops of oil can reach the environment. right now. We are not delivering to Some people say we are mired in the It includes requirements that all equip- them what they need, which is answers. past. I think that is because they ment when they are stopped—up north I want to talk a little bit about the refuse to either learn about or to ac- in Prudhoe, all those areas there—all situation in my State. The chairman of cept the changes in technology that equipment, whether it is the truck or the Energy Committee, for whom I allow for oil and gas to be produced the rig, when they are stopped they ac- have such respect, has indicated that without harm to the environment, tually place what are called diapers, in the proposal he is advancing he is wildlife, or to the land. We recognize absorbent pads, under the engine to looking to do more when it comes to there can be accidents. We know that catch any drops of oil before they offshore exploration and development firsthand in Alaska. We live daily with touch the ground. More oil probably in Alaska. As I said, we are a State that. In fact, I spoke with a fisherman leaks on the driveways here in Wash- that supports production. We support in Cordova—that whole community is ington, DC than ever reaches the envi- development in the northern country. still living daily with a terrible acci- ronment of Alaska’s North Slope. But we also recognize that oftentimes dent that happened in our State some The ACTING PRESIDENT pro tem- things are out of our control when it 20 years ago. We know an oil barge can pore. The Senator has used 10 minutes. comes to the ability to produce. hit an oil tanker, as we have seen in Ms. MURKOWSKI. I want to sum up I requested from the Department of Mississippi. But so can pollutants be very briefly. I am talking about on- Interior, the Minerals Management Of- accidentally released while companies shore, but I can tell you, as it relates

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.022 S29JYPT1 erowe on PRODPC61 with SENATE S7588 CONGRESSIONAL RECORD — SENATE July 29, 2008 to OCS development, we are seeing times we have been stymied. I will talk biggest oil company in the world spent those same levels of technology. Well about that a bit in a moment. twice as much money buying back its valves are dependable. We have not had The first car I got as a very young stock as it did exploring for more oil. a well blow out since the Santa Bar- man was a 1924 Model-T Ford I bought We are paying at the pump enormous bara accident in 1969. We recognize for $25 and lovingly restored it for 2 prices so one would hope at least a sub- that our technology allows us to do years. I have described this often. stantial portion of that money would more than 30 years we could ever have I discovered as a young boy that you go back into the ground to find more dreamed about. Let’s allow us to use couldn’t date very well in a 1924 Ford. energy resources. But sadly it is not. our ingenuity to produce so we have So I sold my model T. But it was inter- Again, these Big Oil companies have the resource we need as a country. Let esting restoring an old Model T Ford. I plenty of friends in this Chamber. They us use our ingenuity to take this re- understood that you put gasoline in a view their role as a set of human brake source and to develop the renewables 1924 vehicle the same way you put gas- pads to stop whatever is going on. They and the alternatives that are the fu- oline in a 2008 vehicle. Nothing has fun- don’t support anything. Just make sure ture of this country. Let’s use our inge- damentally changed. You to go a gas you stop things. nuity to be more creative when it pump someplace, stick a nozzle in your Let me describe one of the things that makes so much sense to me that comes to conservation and efficiencies. tank, start pumping and then pay the has been stopped dead in its tracks. It The ingenuity we use with our produc- price. It is drive and drill approach. It was stopped last year on June 21, 2007. tion of oil and gas is something that has been that strategy forever. Some of It was stopped December 7, 2007. It was should not be disputed but should be my colleagues come to the floor of the Senate dragging a wagon of the same stopped December 13, 2007. They encouraged. stopped it on February 7, 2008. What is Mr. President, I yield the floor. old drive-and-drill policies. Keep driv- it? It is our ability, as a country, to The ACTING PRESIDENT pro tem- ing and drilling, and things will be fine. change the game and say: We want to pore. The Senator from North Dakota The problem is the hole gets deeper every single year. They come here once encourage production by taking energy is recognized. from the wind, solar, wave, and other a decade and say: Our strategy is to f forms of renewable energy. We had a drill more. ORDER OF PROCEDURE I support drilling for oil, but I also vote on all those occasions to provide Mr. DORGAN. Mr. President, I ask think we ought to do a lot more than tax credits and stimulus to say: Here is the kind of energy we want to produce unanimous consent the time in morn- that. We ought to have a game-chang- in the future. This is a new energy fu- ing business until 12:30 be divided ing plan, some sort of a moonshot plan ture. On each and every occasion, the equally between the two leaders or that says: Ten years from now we need minority that comes to parade with a their designees and the time consumed to have a different approach to energy. big, old sign calling for producing by Senator MURKOWSKI count toward John F. Kennedy didn’t say: I think we more, on each occasion those who hold the time in this agreement. I ask the will try to go to the Moon. I would like up that sign today voted against pro- following Senators on the Democratic to send a person to the Moon. I hope we ducing more. Isn’t that interesting? side be recognized: DORGAN, 15 minutes; can go to the Moon. He said: By the They voted against producing more. DURBIN, 10 minutes; BAUCUS, 12 min- end of this decade, we will send a per- Let me tell you what we did in this utes. son to the Moon. We will have a person country with respect to energy. In 1916, The ACTING PRESIDENT pro tem- walking on the Moon. we put in place long-term, permanent, pore. Without objection, it is so or- That is what this debate ought to be robust tax incentives to say to people: dered. about. In the next 10 years, here is the If you want to explore for oil and gas, f way we are going to change America’s God bless you because we need it. We energy plan. That ought to be the de- ENERGY want to provide big incentives for you bate. to do it. Almost a century ago we put Mr. DORGAN. Mr. President, this has There are a lot of things we can and in place those tax incentives. That is been an interesting morning to watch should do together. There are far too how much we wanted to encourage peo- the Senate debate. It reminds me a bit few things we are engaging in together ple to find oil and gas. Contrast that that the strongest muscle in the body on the floor of the Senate. We had a en- with what we did to encourage people is the tongue. Debate that I have heard ergy future speculation bill defeated, to wean ourselves off the need for fossil this morning is quite extraordinary. or at least the minority that puts up fuels. At least 60 to 65 percent of that We have people come to the floor of the the sign that says produce more and oil comes from off our shores. Senate, and they say that something use less voted in unison to stop move- In 1992, we put in place a tax credit like 85 percent of the Outer Conti- ment of it. We had a bill on the floor for renewable energy, a production tax nental Shelf is not open and available that said: Let’s get rid of excessive credit which was short term and not for leasing and drilling. That is not speculation in the futures market that particularly robust. We extended it five true. Two-thirds is open and available is driving up prices. We had people who times. We let it expire three times. We for the Minerals Management Service testified before our various committees have had a stop-and-start, stutter step to lease. who said as much as 30 to 40 percent of approach. I want to talk a little about where we the current price of gas and oil is due Look at this chart. Here is what has are with respect to this issue of produc- to excess speculation. In 2000, 37 per- happened. This shows you what has tion. I have seen the big old sign that cent of the oil market was speculators. happened to wind energy. When the my Republican colleagues have been Now it is 71 percent. It is unbelievable credit expires, the investment goes to using. It says: Produce more and use how rampant speculation has become zero. Put the credit is extended, the in- less. in the oil futures market. But the oil vestment goes up. When the credit ex- We will have a chance again today to speculators have a lot of friends here, pires, the investment drops off. It is decide whether members actually want enough friends so they could stop that unbelievable, what a pathetic, anemic to produce more. Some people believe kind of legislation that would put the response by a country. So we have a the only way you produce energy is brakes on some of this speculation and piece of legislation that says: Let’s ex- drill a hole someplace and search for put some downward pressure on prices. tend the wind energy tax credit. Let’s oil and gas. I support that. But another The oil speculators have a lot of friends extend the tax credit that takes energy way to produce energy is to produce here. from the Sun. Let’s produce energy homegrown energy from solar, wind, Big oil companies have a lot of from the wind and the Sun and geo- biomass or geothermal sources—an- friends here. With record profits, the thermal and so many other forms of re- other homegrown energy plan. largest oil company, ExxonMobil, spent newable energy. The minority side says We have had a chance for at least six twice as much money last year buying no. They don’t want to do that. On separate times to vote to extend the back their stock as they did in invest- June 21, 2007, we failed to get cloture tax credits to support renewable forms ing in infrastructure for producing by one vote. A large portion of the mi- of energy to produce more energy. Six more oil. Let me say that again. The nority side said no. The same ones who

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.024 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7589 are holding the sign that says produce on occasion after occasion, time after overseas. We ought to be much more more said: We don’t want to produce time, the folks who now come and hold vigilant on aggressive conservation and more. On December 7, the same folks a sign that says produce more said: No, energy efficiency measures. This Con- who hold the sign said: No, we don’t I will not vote to produce more. When gress in particular ought to decide that want to produce more. December 13, it comes to renewable energy, I am it is finally, at long last, going to vote they still said: No, we are not inter- going to vote to stop it. to produce energy in a good way. That ested in producing more. February 7 of We can get oil from the ground. I un- is, to produce homegrown energy from this year: We still are not interested in derstand that, but we can also produce wind, solar and so many other sources producing more. biofuels from a whole series of feed- of renewable energy. But during the last week or so, they stocks. We are using a lot of corn. But I yield the floor. show a big, old, oily chart on the Sen- the bill we have tried to get passed has The ACTING PRESIDENT pro tem- ate floor that says produce more, use a significant tax incentive for the cost pore. The Senator the assistant minor- less. Well, perhaps we will have a of facilities that produce cellulosic ity leader. chance to vote once again. Then the biofuels. Does that make sense? You Mr. DURBIN. Mr. President, I thank question is, Is their policy just drill a bet your life it does. That is production my colleague from North Dakota, who hole, which is a yesterday forever for America. If you say you are for pro- has come to the floor almost every day strategy, or is their policy a game- duction, don’t hold up a sign. Just vote to talk about the energy crisis. But if changing policy to join us and say: for this legislation. Then you will real- the American people had their choice, Let’s do something different for a ly be for production. The new credits all of us would be talking about it change. for qualified plug-in electric drive vehi- every day of the week. It takes any- Given the circumstances we have, cles, how important is that? It is unbe- where from an hour to 2 hours to go those who decide it is in their interest lievably important for us to convert from downtown Chicago out to O’Hare. to block everything, should rethink from the internal combustion engine to I have made the trip a lot. But re- that plan. I have said often, Mark an electric drive vehicle and then, cently, the fellow who was driving me Twain was once asked to engage a de- eventually, to hydrogen fuel cell vehi- said: I have noticed something strange. bate. He said: Yes, as long as I can have cles. That is game changing. But the Even during rush hour, there are fewer the negative side. They said: But, Mr. legislation in which this occurred, that cars out here. I know a lot of people Twain, we haven’t even told you the is legislation the minority that has are on vacation, but something is subject. He said: It doesn’t matter. The been holding the signs all morning op- changing. I have noticed it all over my State, subject doesn’t matter. The negative posed. and I think people are noticing it all side will take no preparation. So it is All I say is this: You want to do a lot over the country. What is changing is on the floor of the Senate. Coming out of everything. Let’s do a lot of every- people are looking at gasoline that here simply to block everything and thing. Let’s advance America’s energy costs $4.50 or $4.30 a gallon and saying: then hold a sign that says: We support future. We go to Saudi Arabia, Iraq, I will drive less. I am going to look for Venezuela, or Kuwait and say: In order producing more. That takes no prepa- a car or truck that is more fuel effi- for America’s economy to run, we need ration. It takes a little bit of gall, I cient. People are understanding in a large portion of our oil and gas from might say, but it certainly takes no their daily lives that things are chang- you, you need to provide that to us. It preparation. ing, not always for the better, because The question is this: Should we do impacts so many other parts of our as the price of oil goes up and the price everything? You bet your life. We country that we can’t possibly control. of gasoline goes up, we may make en- should drill more, in my judgment, and Should we continue down this road? I ergy-conserving decisions, but some of there is two-thirds of the Outer Conti- don’t think so. It is a disappointment those are forced on us. Some of those to me that it is toward the end of July, nental Shelf that is open for leasing are painful, painful when we pay for and we still have this kind of discus- and drilling. I support that. We ought the gasoline each week and painful sion on the floor of the Senate. We to conserve more too. We are pro- when people find their family budgets should have had 100 Senators in sup- digious wasters of energy. We ought to wrecked by the cost of gasoline. have much more energy efficiency for port of legislation to shut down this They are not alone. The major airline every single thing we do. Everything unbelievable speculation that is going companies have now announced dra- that is turned on from a switch that we on. I understand oil speculators have a matic cutbacks in scheduling and in flick on or off should be examined. So lot of friends here now. They have a lot employees. They can’t keep up. The produce and conserve, and most impor- of friends in this Chamber, enough to price of jet fuel has gone through the tantly have a game-changing plan to have stopped this oil speculation legis- roof. I have met with the CEOs of these say: We want renewables in this coun- lation last week. We ought to have 100 companies. The stories they tell are try. votes for people who say we are going very sad. They can’t afford to fly peo- T. Boone Pickens was in town last to support homegrown energy. We are ple anymore. They can’t charge week. He was like a big old boat com- going to support big, aggressive tax in- enough. They can’t make enough. They ing through, leaving a big wake in the centives to produce energy here at are charging us now for everything in background of the boat. He said: You home, and that includes wind, solar, sight, $15, $20, $50 for a second bag they can’t drill your way out of this prob- geothermal and biomass, and we are check, trying to keep the airlines lem. What we need to do is wind from going to change the game. Ten years afloat. And some of them will fail, I am Texas to North Dakota, in the area from now, America is going to have a afraid, unless something dramatic hap- where we have all this wind energy po- different energy future. Instead, we got pens. tential. We need to develop more solar the ‘‘yesterday forever’’ crowd who So it is no surprise that on the floor in the Southwest, where we have a tre- comes to the Chamber and slouches of this Senate we have talked a lot mendous capability. We need to around with their hands in their pock- about this energy issue. There are two produce that way and develop an inter- ets and says: We always liked what we distinct points of view, and I think state grid system for transmitting en- did, and we want to do it some more. they tell the difference between out- ergy all around the country, just as we Then, 10 or 15 years from now, the same look. Senator DORGAN of North Dakota did with the interstate highway sys- crowd will be back saying the same talked about ‘‘yesterday forever.’’ On tem. thing. They will say no to anything the Republican side, their idea is to That makes a lot of sense to me. But that will change the ground, and yes to drill more oil, keep drilling, keep find- we can’t do that with the pathetic ap- anything that continues this unbeliev- ing more oil. Sadly, they have ignored proach that exists on providing incen- able dependence. the reality. tives to renewables. As I indicated, we My hope is we can find a way, per- The reality is this: If you take a look put in place permanent, robust incen- haps, to join together and decide we at all the oil reserves in the world, the tives for looking for oil and gas in 1916. ought to produce more in a smart way. United States has 2 percent of the We have these short-term incentives, We ought to be much less reliant on world’s oil reserves. Ninety-eight per- and we can’t get them passed. Because foreign energy, on the need for oil from cent, of course, is in countries such as

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.025 S29JYPT1 erowe on PRODPC61 with SENATE S7590 CONGRESSIONAL RECORD — SENATE July 29, 2008 Saudi Arabia, Iraq, and Canada. We say, of 2007. Mr. President, 115 million largest reported profits of any business have 2 percent of the oil reserves. acres were offered. in the history of the United States of The oil consumption by the United What does 115 million acres of land America. States? We consume 24 percent of the that the Federal Government owns and The oil companies have done extraor- oil. In other words, we cannot drill our will lease to oil and gas companies rep- dinarily well. Notwithstanding all the way out of this. We cannot find enough resent? This is the path, as shown on other arguments, the fact that the Re- oil here to sustain the American econ- this map, of Interstate 80, which most publicans want to give these oil and omy. If you are going to be honest— of us know. It goes from New Jersey all gas companies one last grab at this and you should be with the American the way to California. This represents land is an indication they want the people—if we made a decision tomor- a 67-mile-wide swath along I–80. That is profit margins to continue. row to start drilling in any specific the size of the acreage we have offered But is that what we are all about? Is spot, for instance, off the coast of the to the oil and gas companies to drill on that why we are here, to make sure United States, it takes literally years for oil and gas. Of that, they have ac- wealthy, profitable companies make for that to happen, for it to go into cepted 12 million acres they bid on. An- record profits unseen in the history of production, and to deliver the oil to other 103 million acres have gone un- the United States, at the expense of the United States. Estimates are 8 to claimed by these oil and gas compa- families who pay for the gasoline, at 14 years. nies. So it is not as if there is not land the expense of businesses that cannot So coming to the floor and saying: available. There is—a lot of it—mil- survive, at the expense of our airlines Drill more, drill now—well, the reality lions and millions of acres made avail- that are shutting down their planes is, ‘‘drill now’’ means drill in 8 to 14 able to these companies. Some they are and schedules, at the expense of farm- years. That is going to have little im- paying for, some they could lease. ers in my State of Illinois and across pact on current gasoline prices, no There is plenty of land for them to the United States? I do not think so. matter what we think. That is the re- drill. Our responsibility has to go further. ality. The question, obviously, is: Are So why, then, is the Republican ap- Our responsibility has to go to the there places we should go to drill? proach that we need to drill more, point—— Well, of course there are. The United when the opportunity is there? There The ACTING PRESIDENT pro tem- States is in control of its sovereign ter- are plenty of acres, and we know that pore. The Senator’s time has expired. ritory as a nation, and its offshore ter- even with drilling, we are going to wait Mr. DURBIN. Mr. President, I ask ritory as well. The Federal Govern- 8 to 14 years to see the first drop of oil. unanimous consent for 2 additional ment owns many public lands, and Well, here is what it is all about. minutes. some of those are used for ski resorts For the last 8 years, the White House The ACTING PRESIDENT pro tem- and national parks and mining. has been under the control of a Presi- pore. Without objection, it is so or- Some are used for oil and gas explo- dent and a Vice President with a deep dered. ration. We say to the companies: If you background in the oil industry—both Mr. DURBIN. The point I want to would like to drill more oil and gas on President Bush and Vice President make is this: We have to look ahead. If our land, the Federal land, pay us a CHENEY. And not coincidentally, the oil President Bush was right when he said lease, pay us a rental, and we will companies have done very well. The America is addicted to oil, how can we allow you to do so. The oil and gas policies of this administration have break the addiction? We will never be companies gobble up this territory. In been very friendly to these oil and gas oil free. That is ludicrous. We will have fact, 68 million acres of Federal land companies. They are reporting record a dependence on fossil fuels, on oil, for are currently under lease to oil and gas profits, which I will get to in a mo- my lifetime and well beyond. companies for that purpose: to drill for ment. But if we want to be fair to the next oil. So the last gasp before this crew generation, we have to be pushing for What are they doing with those 68 leaves town is for the Republican side an energy agenda which sees a source million acres? Well, it turns out a lot of the aisle to give to the big oil groups of energy homegrown in America, so of them are not being utilized. This is more leased land, give them more land we are independent and do not have to a little map of the Western part of the to stockpile inventory for future pur- rely on OPEC and foreign countries, a United States I have in the Chamber. poses. That is what this is all about. It source of energy that is kind to the en- The land you see in red is Federal land is not about solving the current energy vironment, so we do not make global leased to oil and gas companies not in crisis. It is not about bringing down warming worse for kids in the future, production. When the Republicans say gasoline prices. That is 8 to 14 years and a source of energy that is afford- we have to put more acres out there for away, if ever. It is about, frankly, giv- able. them to drill, the fact is, they are pay- ing big oil exactly what it wants. In order to reach that goal—and ing us to lease acres they are not If you think I am making this up, America can reach it—you cannot look touching. I do not know what the ex- take a look at the full-page ads in your backward, as the Republicans have by planation might be, but of those on- hometown newspapers by the American saying: Let’s keep doing what we have shore, 34.5 million acres have been Petroleum Institute supporting the Re- always done. Let’s keep drilling for oil. leased from the Federal Government publican position. What is the Amer- You need responsible exploration and and go untouched. ican Petroleum Institute? The largest production of oil, and you need another It is just not onshore. If we think the and smallest oil companies in America. future agenda: a next-year agenda that mother lode is offshore, as shown on They understand this is their last grab says we are going to look to a way to this other map, these are acres we have under this administration and the Re- produce energy to keep this economy leased in the Gulf of Mexico, and all publicans want to give them that grab moving that is affordable. those in red are currently untouched— and take that land and try to convince We have the bill to do it. It is a bill leased, so the oil and gas companies be- the American people it will make a dif- that has lost on the floor of the Senate. lieve there is oil or gas there but un- ference when it comes to our energy It is the energy tax production credit. touched. policy. Quite honestly, we know better. It is one that will produce energy. We So to argue there is not enough acre- Now, in a short time—maybe a mat- cannot get enough Republican votes to age for us to go searching for oil, there ter of days, maybe this week—the oil support it. We are going to try again. is some 68 million acres of leased Fed- companies are going to be reporting We are going to keep trying because eral land to oil companies, and zero of their latest profits. This chart will with this bill we are going to expand those acres in production onshore and show you what is happening to big oil tax credits for biomass and hydro- offshore. profits since this administration took power, for solar energy, for biodiesel We recently had a lease to offer 115 office. Starting in 2002 to 2007, you can production. We are going to have tax million more acres of Federal land see a dramatic increase in billions of credits for local governments in renew- available to these companies for lease dollars for oil and gas companies in able projects, advanced coal electricity for oil and gas purposes. This was in America. These just are not large in- demonstration projects, plug-in elec- the last year—since January, I should creases for this industry, these are the tric cars, heavy vehicle excise tax for

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.028 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7591 truck idling reduction. It goes on and it is going to do to increase the supply Well, the cost of the market is such on—a list of ways to conserve energy of energy. It is time to lay aside poli- that now it is feasible to begin to open and look to future uses of energy that tics. It is time to begin to look for real these capped mines. We need to make are consistent with an American econ- solutions to solve this country’s energy sure we do not pass a regulation in this omy that will grow and not be too ex- problems. body that is going to make it more dif- pensive for the American people. What we have heard so far from the ficult for them to uncap those wells. That is what we have to move to. other side has nothing to do with in- That is a ready resource of energy. This afternoon we will give our Repub- creasing the supply of energy. We We also heard comment on this floor lican colleagues a chance to take their heard speeches on the Senate floor at- about the fact that we have all this signs that say ‘‘produce more’’ and tacking speculation. Speculation leased land out here. Leasing land does turn them into a vote for this tax pro- works as a normal way of doing busi- not equal more oil and gas. Many gram that will produce more. I hope ness on the futures market. What is times, when you go onto a parcel of they will join us in this effort. against the law, which creates prob- land and lease it, you have no idea The ACTING PRESIDENT pro tem- lems, is if you have manipulation of whether there is oil or gas underneath pore. The Senator’s time has expired. the markets. That is where somebody there until you begin to put in some f goes in and takes some kind of action test wells and test the area. Just be- on the market that somehow is going cause you talk about all of this land HIGHER EDUCATION AMENDMENTS to artificially drive up the cost of fuel. that is available for leasing doesn’t OF 2007 It is manipulation. The administration mean there is oil and gas on it. Leasing Mr. DURBIN. Mr. President, I ask has discovered a company or two that land doesn’t mean there is oil and gas unanimous consent that the HELP is doing that. They have been working on there. Committee be discharged from further on it for some time. What happens with many of those consideration of H.R. 4137, and the Sen- This shows the regulation process is leases is they may have found they are ate proceed to its immediate consider- working. We heard testimony in one of not productive. The leases are let out ation. the committees on which I serve and for 5 years or they may be let out for Mr. ALLARD. Mr. President, there is we had a discussion on the supply of 8 years or 10 years. Then, if they are no objection on this side. energy and the manipulation of the not producing, they put them back on The ACTING PRESIDENT pro tem- markets, and the regulators agreed the market and see if anybody else is pore. Without objection, it is so or- they need to do more. I agree with interested in using the technology they dered. The clerk will report the bill by that. We need to make sure they have have to try to discover if there is a title. the manpower they need to adequately source of energy under the surface of The legislative clerk read as follows: enforce what we already have on the that land. A bill (H.R. 4137) to amend and extend the books. The important point to make is that Higher Education Act of 1965, and for other I am looking for real solutions and just because you have land available purposes. my Republican colleagues, I believe, doesn’t mean there is oil and gas un- Mr. DURBIN. Mr. President, I ask are looking for real solutions because derneath it. unanimous consent that all after the we realize how important it is we be- So my view is—and I think the view enacting clause be stricken, the come less dependent on foreign oil and of many Republicans—we need to in- amendment No. 5250 at the desk, which not more. It is important for the secu- crease the production of energy, wheth- is the text of S. 1642 as passed by the rity of this country, now and 20 to 30 er it is natural gas or whether it is oil Senate, be agreed to; that the bill, as years down the road, that we increase shale, in order to bridge the gap to de- amended, be read a third time and our supply of energy. So we need more velop technology that is going to passed, the motion to reconsider be energy, and we need to consume less. produce more energy in the future. I considered made and laid on the table, Increasing taxes, which has been happen to feel that nuclear power is the Senate insist on its amendment, re- talked about on this floor, is not the something we have ignored, and we quest a conference with the House, and answer. We are going to have a tax pro- need to do more in the way of nuclear the Chair be authorized to appoint con- posal that will be brought up, perhaps, power to meet the needs of providing ferees. on the floor of the Senate that will adequate energy supply to our busi- Mr. ALLARD. No objection. temporarily cut taxes for renewable en- nesses and to our homes. The ACTING PRESIDENT pro tem- ergy—and, by the way, I am a strong Let’s talk about the pain at the pore. Without objection, it is so or- supporter of renewable energy—and put pump. Throughout this great Nation, dered. people are struggling with high gas The amendment (No. 5250) was agreed in place a permanent tax increase on prices. I am looking for some renew- to. business. That is not the way we should (The amendment is printed in today’s be doing business on the floor of the ables to deal with cars. A lot of the re- newables happen to deal with wind, RECORD under ‘‘Text of Amendments.’’) Senate. That does not increase the pro- The amendment was ordered to be duction of oil. solar, happen to deal with geothermal, engrossed and the bill to be read a Now, making it more difficult to biofuels. Now, there is something that third time. produce more energy through more might be able to be used with cars, but The bill (H.R. 4137), as amended, was regulations is certainly not the answer. most of these renewables we are talk- read the third time, and passed. But we have heard proposal after pro- ing about can’t be used in the car Thereupon, the Acting President pro posal on the Senate floor claiming they world. tempore appointed Mr. KENNEDY, Mr. are going to increase the supply of en- People are feeling the pain. It is DODD, Mr. HARKIN, Ms. MIKULSKI, Mr. ergy by increasing the regulatory envi- when you pull up to the gas tank and BINGAMAN, Mrs. MURRAY, Mr. REED, ronment, making it more difficult to put your credit card in there and you Mrs. CLINTON, Mr. OBAMA, Mr. SAND- go out and produce energy. fill up the tank, and when you look at ERS, Mr. BROWN, Mr. ENZI, Mr. GREGG, One of the things, in my view, that the total at the end is when you really Mr. ALEXANDER, Mr. BURR, Mr. would produce more energy is utilizing begin to hurt. High gas prices not only ISAKSON, Ms. MURKOWSKI, Mr. HATCH, capped wells, we have a lot of capped affect our ability to get around but in- Mr. ROBERTS, Mr. ALLARD, and Mr. wells out there. These are existing creasingly are affecting each facet of COBURN conferees on the part of the wells that do not have to be drilled. our everyday life. Senate. They were shut down because at one Americans are feeling pain at the The ACTING PRESIDENT pro tem- point the economics were such that pump due to high gas prices, and in- pore. The Senator from Colorado. they could not make a profit with creasingly they feel pain at the kitchen f these wells. So they capped them and table too. As gas prices go up, so do said: We are going to quit wasting our food prices. Food prices go up because ENERGY money on that one and go on to new it costs a lot to produce those food Mr. ALLARD. Mr. President, it is areas where we can provide more oil for products that will end up on the table. time this Senate begin to act on what this country—oil and gas. America’s farmers and ranchers

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.029 S29JYPT1 erowe on PRODPC61 with SENATE S7592 CONGRESSIONAL RECORD — SENATE July 29, 2008 produce the safest, most affordable As a founder and cochair of the Re- It is time for us to stop blaming the food in the world, but rising energy newable Energy Caucus, I know the im- President. It is time for us to recognize prices have affected almost every level portance of using renewable energy, that it is a supply-and-demand issue. of agriculture. It has caused everything but we are not at a point yet where re- We need to supply more, we need to en- from fertilizer costs to processing costs newable energy can meet all of our en- courage less consumption through con- to increase. The high cost of diesel and ergy needs. We still need fossil fuels. servation, and we need to begin to other types of energy are forcing food One of the most promising sources of move forward on this Senate floor and prices up. domestic energy is found in the West, pass some meaningful legislation. My home State of Colorado produces much of it in my home State of Colo- Mr. President, I now yield the floor. some of the best tasting produce in the rado. We have lots of natural gas avail- The ACTING PRESIDENT pro tem- world, including potatoes. In Colo- able on the western side of our State. pore. The Senator from Louisiana is rado’s San Luis Valley last year, it We also have oil shale which is found recognized. cost a farmer about $90 an acre for not only in Colorado but in Utah and Mr. VITTER. Mr. President, I also starter fertilizer. This year, the cost is Wyoming that will yield somewhere be- come to the Senate floor to join so up to almost $300. Imagine that. In 1 tween 800 billion to 1.8 trillion barrels many of my colleagues in urging the year, it has gone from $90 an acre to of oil. This is more than the proven re- distinguished majority leader to allow $300 an acre. Suppose you have a farm serves of Saudi Arabia and certainly a full and open debate and an open of 100 acres. That is a huge cost, a huge enough to help drive down gas prices amendment process so we can address impact on the bottom line. That is and bring us closer to energy independ- the single top issue in the hearts and right, in 1 year those costs have more ence. minds of the American people; that is, than tripled. However, we cannot delay. Some peo- gasoline prices—energy. We all know it Weld County, another agriculture- ple say it is going to take 10 years to is beyond discussion, it is beyond de- producing county in Colorado, is one of develop this resource. Well, are we bate that this is the concern, this is the Nation’s top-producing ag counties. going to wait another 10 years before the top challenge the American people Even in an area that produces as much we start developing a resource that is face. food as Weld County, people are fight- going to take 10 years to develop? We In my home State of Louisiana, I ing high food costs. can’t continue to delay these kinds of hold townhall meetings all around the Higher food costs are affecting all policies; we need to act now so we can State on a very regular basis. For Americans, but they are especially begin to give the American people months, this issue hasn’t been the first damaging to people dealing with food some relief. question at each and every one of those insecurity. Food banks are struggling We aren’t taking the steps necessary townhall meetings, it has been the first to stretch dollars so they can keep food to utilize the resources we have and to 10 questions. That is no different from on their shelves. This is food that goes cut back on the $700-plus billion we any other State in the country. Gaso- to our most vulnerable populations— send overseas annually for fuel because line prices, energy prices are hitting impoverished individuals and their the Democrats in the Senate and in the all of our neighbors’ pocketbooks. It af- families. In Weld County, 32 percent of House of Representatives have pre- fects every Louisiana family, every the individuals served by our local food vented the Department of the Interior American family. So they ask a simple bank are children. from even issuing proposed regulations question: Why isn’t Congress acting? Recently, oil hit $145 per barrel, and under which oil shale, for example, Enough talking, enough political ma- from the beltway to Middle America, could be moved forward. neuvering. Why don’t you come to- $4-a-gallon gas is the frightening norm. My position is that we need to put gether and act? In the face of these challenges to the the regulations in place so that then That is what we should do. That is American economy and consumers, we the leases can be let. If you expect oil what we should do right here and right have failed to take the steps necessary companies to go and begin to lease all now on the floor of the Senate. So I to address this problem either in the of the land that is apparently available urge the majority leader to lift his short term or in the long term. and that they thought was available block of all amendments on the pend- This Congress has been ignoring one for lease, if you want them to do that, ing energy bill so that we can have of the fundamental rules of economics; they have to know the rules of the that full and open debate, that full and that is, supply and demand. Currently, game. They have to know what is going open amendment process. worldwide supply of energy is being to be their return on their investment. The last two times this body consid- outpaced by growing demand. That is They have to know what the lease ered the issue of energy in a significant not only worldwide but here in this rates are going to be. They have to un- way, we had that sort of open debate. country. I saw on the TV a report derstand the market forces. They need In 2007, we were on an energy bill for which said that it is everything we can to understand what the remediation is 3 whole weeks. We took 16 rollcall do to keep up with current demand. So that might be required. They need to votes on amendments, 22 rollcall votes if we were to implement any of the understand what environmental laws on the entire bill. The total number of policies we are talking about here to they have to deal with if they go ahead amendments proposed was 331, and ac- increase supply, we would barely be and happen to put in place a project to tually 49 of those were agreed to, some able to keep up with current demand at extract oil shale. by unanimous consent, others through the current levels. This is a huge chal- By the way, the technology in oil those 16 votes I alluded to. That was lenge for Americans, and we shouldn’t shale has changed significantly. We when the price at the pump was about be backing away from that challenge have moved that basically from a min- $3 a gallon, not $4 a gallon as it is now. here on the Senate floor. ing operation in Colorado to an in situ Before that, we also debated energy If we take steps to increase supply, process where you leave the rock in the in 2005. We had 19 rollcall votes on prices will go down. The day after ground, you heat the ground and ex- amendments over a period of 2 whole President Bush lifted the Presidential tract basically a high-quality jet fuel weeks. We had 23 rollcall votes on the moratorium on drilling in the Outer that needs further refinement with ni- bill overall, 235 amendments were pro- Continental Shelf, oil prices fell nearly trogen sulfur. So that is how far the posed, and actually a total of 57 were $7 a barrel. Let me say that again: a technology has come. It has gone from adopted. That is when the price at the drop of almost $7 per barrel in 24 hours a mining operation to where you have pump was $2.26 a gallon, not at four because action was taken that got us in situ technology where you leave all bucks as it is now. closer to putting additional supply on the heavy, tarry stuff in the ground, So now that the price is about $4 a the market. This translates eventually you extract a good-quality fuel, and it gallon, now that it is the top concern into cheaper gas. has a lot of environmental advantages of the American people bar none, why One of the best ways to drive down when you use that process. can’t we have that open process and fuel prices is by finding more and using So it is time for us to move forward. open amendment process as we have in less. Embracing renewable energy is an It is time for us to quit bickering about the past? The American people want excellent way to increase supply. profits that are made by oil companies. action.

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.030 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7593 I have filed seven amendments spe- and to have votes on these good ideas will not be there, unless we maintain cifically, and I wish to outline them because the American people want us and continue financing for the highway briefly. to act like grown-ups and act on this program. My first amendment, which has been single most important issue they face I urge my colleagues to take up this so far barred from coming to the floor, in their everyday lives. bill and pass it. would develop alternative energy off- Mr. President, what I find frustrates The vote this week will not be the shore in the gulf and other places citizens back home more than any- first time this year that the Senate has where there is the ability offshore to thing is this impression they so often sought to extend this important tax develop new alternative energy, includ- have that what we do here is in a dif- legislation. ing wind farms. ferent universe from the real world and In May, the House passed H.R. 6049, My second amendment would in- is divorced from their everyday strug- the Renewable Energy and Job Cre- crease domestic production offshore. It gles and everyday lives. I am afraid the ation Act of 2008. That bill included a is a version of my ENOUGH Act and distinguished majority leader is rein- roughly $17 billion energy tax package. And it included $37 billion in other tax would also have that alternative en- forcing that notion by not allowing extenders. The bill was offset with re- ergy offshore component of it tied into these amendments, these votes, not al- sponsible tax policies that would have the second amendment. lowing an open process on the single changed the timing of tax on offshore My third amendment would repeal top issue Louisiana families and all hedge fund managers and multi- the moratorium on Outer Continental American families face. national corporations. Shelf production outright and would I urge the majority leader to recon- The majority leader tried to take up also have the alternative energy off- sider so we can truly come together that bill in June. In fact, he tried shore piece as a part of that amend- and do the people’s business on what is twice. But some of our colleagues on ment. the single top issue. the other side of the aisle would not My fourth amendment would repeal I yield the floor. allow us to proceed to the bill. outright the moratorium Congress The ACTING PRESIDENT pro tem- The first attempt to proceed failed, passed several years ago that blocks pore. The Senator from Montana is rec- 50 to 44, on June 10. The second at- shale activity in the Western States— ognized. tempt failed a week later, with a vote exactly the activity my distinguished Mr. BAUCUS. Mr. President, I ask of 52 to 44. colleague from Colorado was talking unanimous consent to speak for the Some argued that the House bill about—as well as the alternative en- next 15 minutes. lacked key items. For example, some ergy offshore piece attached to it. The ACTING PRESIDENT pro tem- said that it should have included relief My fifth amendment would stream- pore. Without objection, it is so or- from the alternative minimum tax. line the permitting process for refinery dered. And some objected to provisions that expansion. Refinery capacity is just as f were in the bill. For example, some important an issue as exploration and said that it should not have included THE JOBS, ENERGY, FAMILIES production, and we need to do a lot bet- Davis-Bacon protections on prevailing AND DISASTER RELIEF ACT OF ter to increase refinery capacity in this wages. 2008 country domestically. In response to those and other con- My fifth amendment to do that is by Mr. BAUCUS. Mr. President, in the cerns, I introduced S. 3125, a revised streamlining the permitting process for book, ‘‘The Ethics of the Fathers,’’ the version of the bill that passed the existing refineries to expand, which is sage Rabbi Tarfon taught: House. a good place to start. It is not up to us to finish the work, but S. 3125 included a one-year patch for My sixth amendment would also neither are we free to avoid it. the alternative minimum tax. It would streamline a regulatory process, the Later this week, the Senate will vote prevent more than 20 million families permitting process for offshore leases, on the Jobs, Energy, Families and Dis- from paying a tax that Congress never because every person in the business I aster Relief Act of 2008. This bill may intended them to pay. talk to says even when they get ac- not finish all the work that we need to And in an effort to reach bipartisan cess—of course, blocking access is the do. But this bill does do work that we compromise, that bill omitted the biggest issue—the Federal permitting are not free to avoid. I urge my col- Davis-Bacon provision. But my friends on the other side still process is way too long and cum- leagues to vote to invoke cloture on objected to that package. They ex- bersome and uncertain. We need to the motion to proceed. pressed concern over other items, such streamline that in a reasonable way. This legislation is important to our as a provision that allows attorney My seventh and final amendment economy, to our energy security, and contingency fees to be deducted in the would expand the seaward boundary for to the wellbeing of America’s working year that they are incurred, rather Louisiana, Mississippi, and Alabama to families. And it is also vital to helping than upon disposition of the case. match the seaward boundary of Texas people harmed by natural disasters to I worked to address the concerns of to the west and Florida to the east. get back on their feet. my friends on the other side of the Right now, those two States, Texas and Some call this an ‘‘extenders’’ pack- aisle. And last Friday, I introduced an- Florida, enjoy a seaward boundary of 9 age. It extends tax incentives that are other bill S. 3335, the Jobs, Energy, miles from the coast, meaning the first important to American businesses and Families and Disaster Relief Act of 9 miles of the gulf off of the coast is families. 2008. That is the bill that I hope the State waters. But for Louisiana, Mis- It includes the deduction for college Senate will turn to this week. sissippi, and Alabama, that is only 3 tuition and the R&D credit. It includes This legislation includes the core of miles. That is unfair. We should expand the deduction for State and local in- the previous bill I introduced. It in- that to 9 miles to match Texas and come taxes. And it includes the new cludes a strong energy package. It in- Florida, which will have the impact of markets tax credit which helps spur in- cludes an AMT patch. And it includes spurring production in those waters be- vestment in low-income communities. the House-passed individual and busi- cause the State regulatory process is But S. 3335 is more than just an ex- ness tax extenders. far less onerous, unreasonable, and tenders bill. It also contains vital new S. 3335 also contains several new cumbersome than the Federal process. provisions. items. In response to growing concerns Mr. President, other Senators have It includes tax credits for plug-in ve- over our Nation’s crumbling infrastruc- good ideas. I strongly support, obvi- hicles. It includes a long-term exten- ture, this bill would shore up the high- ously, my seven amendments. I have sion of tax credits for solar power. And way trust fund. Last Wednesday, the worked hard on them. I have cospon- it includes a badly needed fix to the House passed a stand-alone version of sors and I have introduced them. There highway trust fund, which finances a this highway fix by an overwhelming are other good ideas as well. large portion of our Nation’s transpor- vote of 387 to 37. The main point is we need an open tation infrastructure. That has to be And S. 3335 contains billions in relief process. We need the ability to call up extended; otherwise, a lot of jobs will for those affected by devastating nat- amendments, to debate amendments, go wanting. A lot of construction jobs ural disasters.

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.031 S29JYPT1 erowe on PRODPC61 with SENATE S7594 CONGRESSIONAL RECORD — SENATE July 29, 2008 And in response to the other key still have an obligation to do what we jobs, and ensure that the Crow con- criticism of S. 3125, the one related to can. tinue to be a proud and prosperous peo- attorneys’ fees, S. 3335 dropped that This bill may not finish all the work ple. provision altogether. that we need to do. But this bill does f In short, the bill that we will have a do work that we are obligated to do. chance to vote on this week is aimed at Let us do that work. Let us invoke RECESS helping create jobs, advancing our en- cloture on the motion to proceed. And The ACTING PRESIDENT pro tem- ergy independence, helping working let us provide this help to America’s pore. Under the previous order, the families, and offering relief to those economy, to America’s energy secu- Senate stands in recess until 2:15 p.m. areas that have experienced natural rity, and to the wellbeing of America’s Thereupon, the Senate, at 12:30 p.m., disasters. working families. recessed until 2:15 p.m. and reassem- And by making major modifications f bled when called to order by the Pre- to past versions of the bill, it is aimed siding Officer (Mr. CARPER). at getting broad support. CROW WATER SETTLEMENT Mr. LEAHY. Mr. President, I suggest Now, some Senators really want to Mr. BAUCUS. President Lyndon the absence of a quorum. vote for this because it is the right Johnson once wrote: The PRESIDING OFFICER. The thing to do. But they are told by the A nation that fails to plan intelligently for clerk will call the roll. leadership: Don’t do it. They want to the development and protection of its pre- The assistant legislative clerk pro- vote for it; they are chafing at the bit cious waters will be condemned to wither be- ceeded to call the roll. to vote for it, but they are told not to cause of its shortsightedness. The hard les- Mrs. MURRAY. Mr. President, I ask do it. Why, I don’t know. sons of history are clear, written on the de- unanimous consent the order for the Now some on the other side have also serted sands and ruins of once proud civiliza- quorum call be rescinded. tions. objected that we should not consider a The PRESIDING OFFICER. Without revenue bill that originated in the Sen- I rise today to talk about a proud Na- objection, it is so ordered. tion from my home State of Montana ate. f While it is true that the House must that is planning for the development originate revenue bills, there is prece- and protection of its priceless water. CONCLUSION OF MORNING dent for the Senate’s acting in advance The nation I am referring to is the BUSINESS of the House. Crow Nation, and today, along with Mrs. MURRAY. Mr. President, I ask For example, the other side did just Senator TESTER, I introduced a bill to unanimous consent that morning busi- that in moving the Tax Increase Pre- ratify the Crow Tribe’s water compact. ness be closed. vention and Reconciliation Act in 2005. This compact will protect the Crow The PRESIDING OFFICER. Morning The Senate took up its bill, S. 2020, on Tribe’s water rights, provide for the de- business is closed. velopment of municipal and agricul- November 16, 2005, nearly a month be- f fore the Senate received the House tural water systems, and create good JOBS, ENERGY, FAMILIES, AND companion measure. paying jobs. Everyone has a right to And in the case of the bill before us have access to clean, reliable water, DISASTER RELIEF ACT OF 2008— this week, I think that it is important and Senator TESTER and I are here MOTION TO PROCEED for Senators to be able to vote for the today to help make sure that right is Mrs. MURRAY. Mr. President, what improved version of the bill, the bill upheld. is the pending business? that includes all the changes that I In 1908, the Supreme Court estab- The PRESIDING OFFICER. The mo- have been discussing. lished that when Congress set aside tion to proceed to S. 3335. And after we get a good vote on this land for Native American tribes, it also Mrs. MURRAY. Mr. President, I ask bill, we can move to amend a House- reserved water rights for the tribes to unanimous consent to withdraw the passed bill with our Senate measure. develop their lands for agriculture. The motion to proceed. Congress needs to do more than just Crow Tribe has waited nearly 100 years The PRESIDING OFFICER. The mo- extend legislation. Congress should to secure the rights to its water. The tion is withdrawn. work on new policy, new legislation, bill I am introducing today will ensure f and new ideas. that the Crow people can finally access We need to take a hard look at our the water that is rightly theirs while RENEWABLE ENERGY AND JOB Tax Code. We need to make it fairer protecting the water rights of non- CREATION ACT OF 2008—MOTION and simpler. I have begun that process, tribal water users. TO PROCEED through a series of hearings in the Fi- This bill that Senator TESTER and I Mrs. MURRAY. Mr. President, I ask nance Committee. are introducing also ensures that the unanimous consent that the motion to We need to address the unsustainable Crow Tribe has the infrastructure it proceed to the motion to reconsider the growth in health care costs. I have also needs to develop its water resources. vote by which cloture was not invoked begun an effort to that end, through a To this end, the bill authorizes funding on the motion to proceed to H.R. 6049 series of hearings on health care, which for a drinking water system that will be agreed to, the motion to reconsider accounts for one-sixth of America’s bring clean water to families across the be agreed to, and the cloture vote on economy. reservation. This project will help pro- the motion to proceed to H.R. 6049 And we need to address the vital need tect public health and help create good occur at 3 p.m., with the time until for a new energy policy, one that ac- paying jobs. then equally divided and controlled by counts for the changing realities of our The bill also authorizes the rehabili- the leaders or their designees. environment, our national security, tation of the Crow Tribe’s irrigation The PRESIDING OFFICER. Without and our economy. system. The Crows’ land is important objection, it is so ordered. For more than a year, I have been to their identity, their history, and Mrs. MURRAY. I suggest the absence working to pass a meaningful package their economy. Rehabilitating the of a quorum. of energy-tax incentives. It is a pack- Crow Tribe’s irrigation system will en- The PRESIDING OFFICER. The age with the goal of moving this coun- sure that Crow farmers and ranchers clerk will call the roll. try toward greater energy independ- can work their land for generations to The legislative clerk proceeded to ence. And it is a package that would come. call the roll. help to prepare our economy for a sys- Mr. President, the Crow Nation is a Mrs. MURRAY. Mr. President, I ask tem that also addresses global warm- proud nation with abundant water re- unanimous consent the order for the ing. sources. The bill I have developed with quorum call be rescinded. These are big challenges. And they the Crow tribal leadership is a reflec- The PRESIDING OFFICER. Without will not be solved through one bill, or tion of the Crow people’s good fore- objection, it is so ordered. one congressional session. But even sight. This legislation will protect the Mrs. MURRAY. Mr. President, I ask though we cannot finish the work, we Crow Tribe’s water, create good paying unanimous consent that the quorum

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.008 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7595 call time be equally divided between Schumer Stabenow Whitehouse I have also supported and urged the Smith Tester Wyden the majority and minority between Snowe Webb Senate to proceed to the strong House- now and 3. passed version of the Free Flow of In- The PRESIDING OFFICER. Without NAYS—43 formation Act, H.R. 2102. That bill objection, it is so ordered. Alexander DeMint Martinez passed the House of Representatives by Allard Dole McConnell Mrs. MURRAY. I suggest the absence Barrasso Domenici Murkowski a vote of 398 to 21—so it obviously has of a quorum. Bennett Ensign Roberts overwhelming bipartisan support. The The PRESIDING OFFICER. The Bond Enzi Sessions House bill has more than 70 cospon- Brownback Graham Shelby clerk will call the roll. Bunning Grassley sors—both Republicans and Democrats The assistant legislative clerk pro- Specter alike. Burr Gregg Sununu Chambliss Hagel ceeded to call the roll. Thune Years ago, my mother and father Coburn Hatch Mr. REID. I ask unanimous consent Vitter owned a small daily newspaper in Wa- Cochran Hutchison Voinovich that the order for the quorum call be Corker Inhofe terbury, VT, the Waterbury Record. As rescinded. Cornyn Isakson Warner a child, I grew up hearing, at the kitch- The PRESIDING OFFICER. Without Craig Kyl Wicker en table, that a free and vibrant press objection, it is so ordered. Crapo Lugar is essential to a free society. That has NOT VOTING—4 CLOTURE MOTION been demonstrated again and again The PRESIDING OFFICER. Under Kennedy Obama over the last eight years. That is why McCain Stevens the previous order, pursuant to rule I cosponsored the Senate version of XXII, the clerk will report the motion The PRESIDING OFFICER. On this this bill and I have worked hard to to invoke cloture. vote, the yeas are 53, the nays are 43. enact a meaningful reporters’ shield The assistant legislative clerk read Three-fifths of the Senators duly cho- law this year. That is why I made sure that for the as follows: sen and sworn not having voted in the affirmative, the motion is rejected. first time ever—for the first time CLOTURE MOTION The majority leader is recognized. ever—the Senate Judiciary Committee We, the undersigned Senators, in accord- f reported a media shield law to protect ance with the provisions of rule XXII of the the public’s right to know. The Judici- Standing Rules of the Senate, hereby move FREE FLOW OF INFORMATION ACT ary Committee reported a bill spon- to bring to a close debate on the motion to OF 2007—MOTION TO PROCEED— sored by Senators LUGAR, DODD, SPEC- proceed to Calendar No. 767, H.R. 6049, the Resumed Renewable Energy and Job Creation Act of TER, SCHUMER, GRAHAM, and myself 2008. Mr. REID. Mr. President, I now move with a strong bipartisan 15-to-4 vote. Harry Reid, Max Baucus, Barbara Boxer, to proceed to S. 2035, which is the I wish to commend the leadership of Amy Klobuchar, Benjamin L. Cardin, media shield bill. Senator LUGAR and Senator DODD in E. Benjamin Nelson, Maria Cantwell, The PRESIDING OFFICER. The mo- connection with this matter. They Patty Murray, Bernard Sanders, Daniel tion is now pending. began this quest for fairness when it K. Akaka, Robert Menendez, Ron Mr. REID. Mr. President, I suggest seemed an impossibility several years Wyden, Debbie Stabenow, Blanche L. the absence of a quorum. ago. They have worked diligently to Lincoln, Patrick J. Leahy, Richard The PRESIDING OFFICER. The bring us to where we are today—at the Durbin, Sheldon Whitehouse. clerk will call the roll. cusp of achieving a Federal shield The PRESIDING OFFICER. By unan- The legislative clerk proceeded to law—if only the Senate gets the sup- imous consent, the mandatory quorum call the roll. port of a handful of Republican Sen- call has been waived. Mr. LEAHY. Mr. President, I ask unanimous consent that the order for ators to proceed to the bill. The question is, Is it the sense of the All of us—whether Republican, Senate that debate on the motion to the quorum call be rescinded. The PRESIDING OFFICER. Without Democratic or Independent—have an proceed to H.R. 6049, the Renewable interest in enacting a balanced and Energy and Job Creation Act of 2008, objection, it is so ordered. Mr. LEAHY. Mr. President, I thank meaningful shield bill to ensure a free shall be brought to a close? flow of information to the American The yeas and nays are mandatory the distinguished Presiding Officer. I want the distinguished Presiding Offi- people. Forty-nine States and the Dis- under the rule. trict of Columbia currently have codi- The clerk will call the roll. cer to know the weather in our home State is much nicer today than it is fied or common law protections for The bill clerk called the roll. here. confidential source information. But Mr. DURBIN. I announce that the I support the Free Flow of Informa- even with these State law protections, Senator from Massachusetts (Mr. KEN- tion Act, S. 2035, which the distin- the press remains the first stop, rather NEDY) and the Senator from Illinois guished majority leader has moved to. than the stop of last resort, for our (Mr. OBAMA) are necessarily absent. I hope the minority will allow us to Government and private litigants when Mr. KYL. The following Senators are consider this important legislation. it comes to seeking information. Time necessarily absent: the Senator from I thank the majority leader for his and time again—especially during the Arizona (Mr. MCCAIN) and the Senator willingness to bring this legislation be- years when this Congress refused to do from Alaska (Mr. STEVENS). fore the Senate. I have worked with real oversight of the current adminis- The PRESIDING OFFICER (Mr. him on this matter to find an oppor- tration—when there was waste in Gov- SANDERS). Are there any other Sen- tunity for Senate action since the Ju- ernment, when there were serious mis- ators in the Chamber desiring to vote? diciary Committee reported this bill takes in Government, even when Gov- The yeas and nays resulted—yeas 53, last October. I appreciate the support ernment was breaking the law, we nays 43, as follows: of the majority leader. He has offered a found out about it first and foremost [Rollcall Vote No. 190 Leg.] generous response to the bipartisan re- because of the press in America. YEAS—53 quest Senator SPECTER and I made to Earlier this year, Toni Locy, a pro- Akaka Conrad Levin him and the Republican leader earlier fessor of journalism at West Virginia Baucus Dodd Lieberman this year to proceed to this bill. In a bi- University, also a former USA TODAY Bayh Dorgan Lincoln reporter, was held in contempt of court Biden Durbin McCaskill partisan letter, we asked if he would Bingaman Feingold Menendez proceed to the bill. He has done that. I for refusing to divulge her confidential Boxer Feinstein Mikulski applaud him for it. sources. There are scores of other re- Brown Harkin Murray Our bill has 20 Senate cosponsors, porters who have been questioned by Byrd Inouye Nelson (FL) Cantwell Johnson Nelson (NE) Members of both parties. I hope the Re- Federal prosecutors about their Cardin Kerry Pryor publican cosponsors will join us in sources, notes, and reports in recent Carper Klobuchar Reed moving to the bill and will bring along years. This is a dangerous trend that Casey Kohl Reid the seven or eight Republicans we will can have a chilling effect on the press, Clinton Landrieu Rockefeller Coleman Lautenberg Salazar need to overcome yet another filibuster but even more so, on the public’s right Collins Leahy Sanders and make progress. to know. If you don’t have a free press,

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.036 S29JYPT1 erowe on PRODPC61 with SENATE S7596 CONGRESSIONAL RECORD — SENATE July 29, 2008 then you don’t have a free society. If week, current Attorney General e-mails. Again, we find out about that you don’t have a way for Americans to Mukasey, who still opposes a Federal from confidential sources. know what their Government is doing, shield law, articulated principles that As a former prosecutor, I understand then we will all hurt. To paraphrase argue for enacting one. Attorney Gen- the importance of making sure that Mark Twain, you should support your eral Mukasey endorsed congressional the Government can effectively inves- country all the time but question your legislative action when there exists a tigate criminal wrongdoing, combat government when it deserves it. We ‘‘serious risk of inconsistent rulings terrorism, and preserve national secu- need a press willing and able to do and considerable uncertainty.’’ He rity. The Federal shield legislation we that. noted that congressional action to pro- are seeking to bring before the Senate Enacting the Free Flow of Informa- vide procedures in national security strikes a balance among these impor- tion Act—which carefully balances the cases is ‘‘well within the historic role tant objectives. The bill addresses the need to protect confidential source in- and competence of Congress.’’ Al- legitimate need for law enforcement to formation with the need to protect law though he was proposing action in an- obtain information from reporters to enforcement and national security in- other setting, the Attorney General’s prevent a crime or a national security terests—would help to reverse this remarks likewise support congressional threat. troubling trend and benefit all Ameri- action to standardize and clarify the In addition, by providing a qualified cans. The bill creates a qualified privi- procedures governing a Federal statu- and not an absolute privilege to with- lege to protect journalists from being tory press shield law. In view of the hold the identity of confidential forced to reveal their confidential disparate rulings and outcomes that sources, the bill also advances other sources. The bill contains exceptions to have developed in the courts since the important law enforcement objectives, the privilege for criminal conduct or Supreme Court’s Branzburg decision 36 such as encouraging whistleblowers to national security. The legislation also years ago, it is now time for Congress disclose fraud, waste, and abuse that requires that Federal courts weigh the to establish a framework for the courts might otherwise go unreported. need for the information with the to resolve press privilege assertions The opposition to this carefully public’s interest in the free flow of in- fairly and consistently, and we can do crafted bill by the Department of Jus- formation, before compelling reporters this while preserving our national se- tice and Office of the Director of Na- to disclose their confidential sources. curity. tional Intelligence, ODNI, is simply Although I strongly support the en- When he testified before the Senate misplaced. Although 49 States, the Dis- actment of a Federal shield law, I have Judiciary Committee in favor of the trict of Columbia, and several Federal some reservations about possible revi- Federal shield law in 2005, William courts have recognized a reporter’s sions to the bill we passed out of Com- Safire told us that the essence of news privilege either by statute or common mittee. I am pleased that language has gathering is this: If you do not have law for years, the Department of Jus- been drafted to address my concerns sources you trust and who trust you, tice and ODNI have not cited a single about making sure that legitimate then you don’t have a solid story—and circumstance where the privilege bloggers and freelance journalists are the public suffers for it. Well, Bill caused any harm to national security included in the definition of the per- Safire is exactly right. We simply have or to law enforcement. In fact, the le- sons covered by this bill. no idea how many newsworthy stories gitimate concerns about the need to ef- However, I hope that any amend- have gone unwritten and unreported fectively combat crime and protect na- ments to this legislation will include out of fear that a reporter would be tional security have been satisfied by stronger protections for journalists and forced to reveal a source or face jail the bill and by amendments to this bill their sources with regard to matters of time. We also do not know how many offered in a bipartisan fashion by Sen- national security and classified infor- potential whistleblowers, or other con- ators FEINSTEIN, BROWNBACK, and KYL. mation. No one would quibble with the fidential sources, have chosen to re- A free press in our country is what notion that there are circumstances main silent out of fear that journalists sets us apart from so many other na- when the Government can and should could be compelled to disclose their tions in the world. The distinguished have the right to compel information identity. Presiding Officer, in his years in the in order to keep us safe. But many Just recently, investigative jour- House and in the Senate, can certainly newsworthy stories concerning na- nalism and confidential sources have point to examples where we have found tional security, such as the exceptional helped to uncover significant Govern- out things that have been kept hidden reporting on the CIA’s secret prisons ment failures in Iraq, in New Orleans, from the Congress only because the and the warrantless—and many feel il- as well as Government neglect at the press uncovered them. Certainly, that legal—wiretapping by the National Se- Walter Reed Medical Center. We has been my experience in my years curity Agency were published with the wouldn’t have found out how poorly here in the Senate. help of confidential sources, to the the returning soldiers were being treat- I also know that there is a tempta- great benefit of the general public and ed—people who have lost limbs or have tion—when any administration has the accountability that ordinary Amer- been paralyzed or blinded in the war in made a serious mistake or is trying to icans deserve from their Government. Iraq—by the Veterans’ Administration hide wrongdoing by their administra- I fear that proposals from some in and the problems and events at our tion, the first thing they want to do is this body do not go far enough to pro- Government facilities. We would not to make sure nobody in the press or tect against Government abuse in this have found out about that if a con- the Congress or the public finds out area or to protect the public’s interest fidential source hadn’t told a reporter. what they have done. For every admin- in the dissemination of newsworthy in- We have seen just in the past few istration, it is easy to have all of their formation. days news articles about politicization press people go out and tout the things Not all reporters will be as lucky as at the Department of Justice. A lot of they want us to know, the things they Bill Gertz of the Washington Times the spotlight on how politicized this consider a success. None want us to was when a judge recently upheld his administration’s Justice Department hear about the embarrassments or the claim in a case in a California Federal has become came out of hearings we mistakes or, more recently, out-and- court. Even with this victory, however, held in the Judiciary Committee. But out wrongdoing. That is where you the Government has responded by much of what we found out about what need a press willing to go in and un- broadening its inquiries. To prevent was going on at the Justice Depart- cover Government wrongdoing and pro- further intrusions on our fundamental ment came out of press reports based tect the sources who help them to do first amendment rights, we need some on confidential sources. so. uniform standards. We need procedures We learned from the press that the Do you think even with all of the to evaluate claims of privilege and pro- White House, afraid that they might hearings I and others have held we tect the public’s right to know. To do find out the truth, avoided imple- would have found out how law enforce- that, of course, the Congress must act. menting the Environmental Protection ment was manipulated and thwarted by In a much touted speech to the Agency’s recommendations on global this administration in the selection American Enterprise Institute last warming by not opening the agency’s and manipulation of U.S. attorneys?

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.053 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7597 We found out about it first and fore- The legislation is vitally important to the cally about drilling for American oil. It most by the press, and then through national interest, an informed citizenry, and wasn’t too long ago that you were witness testimony in hearings, and now a free and vibrant press. As you know last afraid to use the word ‘‘drill.’’ You had by the Justice Department’s Inspector October, S. 2035 was favorably reported out to use the word ‘‘explore’’ because of the Senate Judiciary Committee on a drilling had a bad connotation. But General who had the willingness to strong 15–4 bipartisan vote and is supported stand up and point to the wrongdoing by the presumptive Republican and Demo- when the American people got around of this administration. And then there crat presidential nominees, Sens. John to thinking about this idea that if we was Abu Ghraib—how did we find out McCain and Barack Obama. A similar shield had more oil available and the world about that? We learned about it in the bill (H.R. 2102) passed by an overwhelming knew it and it was American and we press, not because the administration 398–21 vote. could develop it, they knew that would was willing to say: Look at this ter- Chairman Leahy, we appreciate your lead- require drilling. No matter how sophis- ership and respectfully request that you do ticated the drilling has become with rible thing we have done. whatever you can to make sure that S. 2035 So after months and months of delay- these giant offshore drilling pads is approved by the Senate, without any fur- which, if anybody had a chance to see ing tactics and opposition by the Bush ther amendments that would weaken the administration, the time has come to well-reasoned protections in the bill. one, such as I have, you would see what pass a Federal shield law. I thank and Very truly yours, we can do hundreds of miles under- commend the more than 60 news media ABC News, ABC Owned Television Sta- water, without any degradation of the and journalism organizations including tions, Advance Publications, Inc., A. H. Belo environment, and how men can go to ABC News, the Associated Press, CNN, Corporation, Allbritton Communications work with that equipment and build Company, American Business Media, Amer- these giant facilities, where people can the National Newspaper Association, ican Society of Magazine Editors, American the Society of Professional Journalists, sleep while they maintain them. Society of Newspaper Editors, The Associ- Underground, they can drill 10, 12, and the Vermont Press Association, ated Press, The Associated Press Managing even 14 wells, and they all get piped that worked so hard to get us to this Editors Association. into 1 pipe, and there isn’t any seepage. point. Association of Alternative Newsweeklies, When we had the great hurricane, they I ask unanimous consent to have a Association of American Publishers, Asso- showed pictures of the pipes under- copy of a support letter from the Media ciation of Capitol Reporters and Editors, ground moving with the current but Coalition Supporting the Free Flow of Belo Corp., Bloomberg News, CBS Corpora- tion, Clear Channel, CNN, Coalition of Jour- not breaking. That is what is going to Information Act printed in the RECORD nalists for Open Government, The Copley happen under the ground off the following my statement. Press, Inc. coast—producing billions of barrels of The PRESIDING OFFICER. Without Cox Television, Cox Newspapers, Cox En- oil and trillions of cubic feet of natural objection, it is so ordered. terprises, Inc., Daily News, L.P., First gas. It belongs to us. Eighty-five per- (See exhibit 1.) Amendment Coalition of Arizona, Inc., Free- cent of our coast is now closed. Mr. LEAHY. Mr. President, I will dom Communications, Inc., Gannett Co., Inc., Gray Television, Hachette Filipacchi We can speak about the fact we are just leave with this: Let’s make sure already producing and already leasing, the Congress—especially this Senate— Media U.S., Inc., Hearst Corporation. Lee Enterprises, Inc., Magazine Publishers but 85 percent is not leased. Whatever takes steps, as the other body did, to of America, The McClatchy Company, The is being talked about, saying that make it easier for the public to know McGraw-Hili Companies, Media Law Re- leases are there and not producing—I not all the things the Government source Center, National Association of don’t have enough time today, but I am wants them to know but the times Broadcasters, National Conference of Edi- going to explain why one of the amend- when our Government has made mis- torial Writers, National Federation of Press ments the majority has that talks takes, the times when our Government Women, The National Geographic Society, National Newspaper Association. about producing doesn’t produce any- has not followed the law, the times thing because it is supposedly one of when our Government has tried to give National Press Photographers Association, National Public Radio, NBC Universal, News these amendments that talks about disinformation. We are a stronger na- Corporation, Newspaper Association of drilling—drill it or lose it. That is al- tion if we know the truth. We are a America, The Newspaper Guild-CWA, News- ready governed by a ‘‘drill it or lose it’’ weaker nation if our laws allow the week, The New York Times Company, North condition in every lease. So nobody is truth to be shielded from the American Jersey Media Group Inc., Online News Asso- out there operating with leases they people. I trust the American people. I ciation. are not using, because if they do, they Pennsylvania Newspaper Association, trust the American people to question lose them. They paid big money to get our Government. I trust the American Radio-Television News Directors Associa- tion, Raycom Media, Inc., The Reporters them so they can go down there and people to be able to handle the infor- Committee for Freedom of the Press, Reu- produce energy for us. mation. I do not trust those who would ters America LLC, E. W. Scripps, Society of I rise to speak on the status of the try to use every barrier to keep that Professional Journalists, Stephens Media debate on this bill and on an amend- information from the American people. LLC, Time Inc. ment the majority has put forth under Mr. President, I yield the floor. Time Warner, Tribune Company, truTV, the pretext of increasing our energy MEDIA COALITION SUPPORTING THE FREE FLOW The Walt Disney Company, The Washington supply. That is what we have been OF INFORMATION ACT Post, U.S. News & World Report, White talking about—increasing our energy House News Photographers Associations. JULY 21, 2008. supply. For the most part, all the Hon. PATRICK J. LEAHY, The PRESIDING OFFICER. The Sen- amendments we have talked about Chairman, Committee on the Judiciary, Russell ator from New Mexico is recognized. wanting to offer are increasing our en- Bldg., U.S. Senate, Washington, DC. ENERGY ergy supply. The current energy crisis Re: S. 2035—The Free Flow of Information Mr. DOMENICI. Thank you, Mr. is derived from many factors, but the Act. President. I rise to talk about the sub- bill the majority leader has called up DEAR CHAIRMAN LEAHY: On behalf of the ject that has to do with the energy leg- attempts to deal with only one of men and women across the country who islation that has been pending before them: speculation. There is no question work to bring the American people vital 1 news and information, we, the undersigned the Senate for I think 9 ⁄2 days. I wish that speculation is not the whole prob- media companies and organizations, thank we would have had votes before this lem. In fact, four of the most promi- you for your support and co-sponsorship of S. time because it is one of the most im- nent leaders we have in matters eco- 2035, the Free Flow of Information Act. Your portant, if not the most important, nomic and matters that pertain to se- leadership in support of this bill has been in- issues confronting the American peo- curities and matters that pertain to valuable in fighting to ensure that the Amer- ple. I am going to speak about one of such things as speculation have indi- ican public has access to news and informa- the amendments the majority has to cated the oil and gas prices are not tion about their government and the institu- offer with reference to the Energy bill. driven by that but, rather, by supply tions that affect their daily lives. Protecting First, I wish to say I have no doubt confidential sources through federal legisla- and demand. tion has broad support on both sides of the that both sides of the aisle—because we As I have said before, never in my 36 aisle, in both chambers of Congress, and do know what the public is thinking, so years in the Senate have I seen a prob- from state attorneys general across the na- I would think both sides do know the lem so big met with a proposed solu- tion. public has changed its mind dramati- tion by the majority leader that is so

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.054 S29JYPT1 erowe on PRODPC61 with SENATE S7598 CONGRESSIONAL RECORD — SENATE July 29, 2008 small. Speculation is adding to the se- that energy to market. It would delay 40th step will move the process any verity of our energy crisis, but without the development of one of America’s faster. question, an imbalance between supply most abundant energy reserves and in- Next, the amendment seeks to in- and demand is at the root of the prob- crease our vulnerability to an interrup- crease rental fees that leaseholders pay lems we face. tion in oil supply. to occupy Federal land. The increased The Republican caucus has proposed In short, the majority party’s new fees that have been proposed would dis- a number of solutions that measure up ‘‘production’’ proposal contains far courage companies from bidding on and to the present challenge. Despite this, more problems than it does solutions. subsequently exploring leases that con- as we begin the eighth day of debate on It will not lower prices at the pump, it tain marginally attractive lands. In- this bill, we have not had a single sub- will not reduce our dependence on for- creasing the cost of doing business is stantive vote on it. The American peo- eign oil, and it will not help resolve our not the answer. Once you think about ple certainly deserve better, and we energy crisis. That is the amendment it, most Senators overwhelmingly will ought to be able to come up with some- that has been touted by Senator BINGA- agree that we don’t need to add to the thing better. But that is the way the MAN and about 12 or 13 other Senators. fees. We don’t need to add to the regu- process is—7 or 8 days without voting Our dependence upon foreign oil will in latory requirements. We need the oppo- on an amendment. For most of that no way be ameliorated, and it will not site if we want more production. time, the contention was that we could help resolve our energy crisis. The leader on the other side has an offer amendments. The truth is we It is worth taking time on the floor amendment that also attempts to alter could not because we would have had to examine the substance of the pro- the frequency of lease sales. This is ap- to withdraw some amendments the ma- posal. The amendment is No. 5135, and pealing in principle, but as drafted the jority leader had offered, and certainly it claims to address a number of so- amendment merely pretends to speed he would not have relished that. called supply side issues, including up a process for areas where lease sales For the past week, the other side of lease duration, lease rentals, lease are already scheduled to take place or the aisle has told the American people sales, resource estimates, the Roan where lease sales have already been to believe that Republicans are up to Plateau, and the Strategic Petroleum held without any interest from indus- no good, and we are obstructing Reserve. try. In effect, this bill is attempting to progress. The truth is we merely want I would like to take a few moments take credit for something that was to complete the work our constituents to address these issues. going to happen anyway or, worse, has sent us here to do. On the duration of leases, the amend- already occurred without success. We know what Republican amend- ment shortens the amount of available What the amendment does not do is ments seek to do. My legislation was time to complete all the activity lead- open any new areas to leasing, which is introduced more than 12 weeks ago, ing up to and including drilling for oil the fundamental change that is so des- and the Republican leader’s bill was and natural gas. This approach would perately needed in our management of filed nearly 5 weeks ago. The Repub- fail to increase supply for several dif- Federal lands. Energy companies lican proposals clearly answer the ferent reasons. It ignores the reason should not be forced to drill when and where it is politically convenient; they question of how to produce more en- why it takes so much time to get a should be allowed to drill where re- ergy here at home while, at the same lease into production in the first place. sources are most concentrated and time, reducing the amount we con- Oil companies are not just wasting when conditions most warrant their de- sume. Our motto has been abundantly time, they are mandated to use up that time. It actually adds to the central velopment. clear: find more and use less. We will, Something of a pattern is becoming cause of those delays by creating new perhaps, be voting and giving every- evidence here. And not surprisingly, it bureaucratic requirements for writing body in this body an approach to do carries over to the so-called resource ‘‘diligent development plans.’’ In other that. I hope when we make such agree- estimate—more new words and new bu- words, all they are doing and all they ment, we will have a clear opportunity reaucracy—called for by this amend- plan to do and all this wonderful work to have votes on that kind of propo- ment. Predictably, the inventory con- offshore that is out there, no thanks to sition. templated by this amendment is only the Congress and the President, be- What has been less clear, outside of for areas that are already leased or are cause we kept most of it closed—85 per- the speculation-only bill now pending, already open for lease sale. is what exactly the Democrats are will- cent is still closed—but within that 15 Instead of conducting an estimate of ing to do to reduce the energy prices. percent you see terrific development the resources within already open Despite stalling progress on a real en- and tremendous facilities. They are fol- areas and already existing leases, we ergy bill, the other side has realized lowing rules. If you had them in a wit- should authorize a full inventory of the they must at least appear to support ness room and asked them what rules Nation’s entire resource potential, in- greater domestic production of energy. they are following, they would explain cluding areas that have historically So late last week, 14 Democratic Sen- to you it takes a long time to go from been kept off-limits. Only then can ators introduced their own version of the bid day—the day you get that Congress make an informed decision. the Republican plan to find more and lease—until you can actually drill. We must fully understand what our use less. They do everything possible to expe- past energy policies have kept off-lim- Now, finally, the text of that amend- dite, but some of the reasons for delay its and how those resources could be ment is public. However, we know it they can do nothing about; they follow used to meet our future needs. Again, falls short of its own goals. Gone from the rules. There are environmental the Democratic amendment avoids this it are the windfall profits tax, price- rules—sometimes duplicated, but they very pressing task. gouging, and NOPEC provisions that are there. This amendment I am speak- Another troublesome provision is the were soundly discredited by energy ex- ing of, in an effort to say we are going amendment’s proposed swap of oil in perts and editorial pages of all ideolog- to get more and squeeze more out of the Strategic Petroleum Reserve. The ical stripes. They were part of what what is there, I imagine these people sponsors would have 70 million barrels was being tendered by the majority. who own it at $1.35 are not interested of light sweet crude—that is a specific They are gone from the proposal that in squeezing out the oil for America. type of oil that is very expensive and 14 Senators from the other side of the They are interested in lollygagging. very versatile—they would have that aisle have offered. They paid money for the lease and they released within 180 days and not re- In their place is a bill that would have money invested, but they are not place it with fuel until as many as 5 still bring no new energy to market. It in a hurry. So we have to pass a new years have gone. So had the Energy does not open any new areas to explo- diligent development plan require- Committee not cancelled a hearing on ration—or shall I say drilling? By in- ment. this very topic last week, we might creasing the fees applied to leases and There are already as many as 39 per- know if this proposal makes any sense preproduction requirements, it could mits, documents, and analyses that at all. I suspect it does not. actually drive up the cost of energy have to be done in the development of Having watched the price of oil climb and lengthen the time it takes to get a lease. It is unclear how adding the by $20 a barrel from around $127 to a

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.049 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7599 high of $147—and we are all grateful it plateau in such a way that its abun- bly Senators DODD and LUGAR who had has come down a little bit after deliv- dant energy resources will never be a previous bill, as well as, of course, eries of the SPR were suspended—it is produced. In short, this is a production Senator LEAHY who led the charge on highly unlikely that a short-term re- amendment which prohibits produc- so many different issues and has been lease of oil will reduce oil prices over tion. very helpful in us moving this legisla- any sort of time horizon. What my colleagues across the aisle tion forward. I urge my colleagues to remember don’t want you to know is that a lease I am going to speak tomorrow when the purpose of SPR is to provide oil in sale including parcels on the Roan Pla- we address the bill, but I wanted to let the event of a supply disruption, not in teau is scheduled for August 14, a little my colleagues know of a substitute the event of a price increase. In the over 2 weeks from now. If this section amendment that Senator SPECTER, I, event of an emergency, enactment of were enacted into law, it would likely and others will offer because it will this provision would reduce our ability require the land use plan or the entire modify the bill and meet some of the to cover import losses from 58 days to area to be redone, generally taking 2 to objections. 52. Just imagine, the American people 3 years or more. First let me say the bill is very much should know with all the troubles in Let us not forget that the current needed. We have to find the right bal- the Middle East and the straits, with plan for the Roan Plateau took 9 years ance between the free flow of informa- boats loaded with crude oil, many soon to develop and that this provision tion and the ability of reporters to get to be laden with natural gas, where could require that the process begin that information from those in Govern- they can pass—look at the danger that again from scratch and will eliminate ment and, at the same time, not be so is there. Look at America’s future in any revenue from the coming August 14 far in that direction that we allow peo- terms of what might happen there. lease sale which is already assumed in ple to either break the law or harm the Look at what might happen acciden- the budget at $100 million. security of the United States. tally, much less intentionally. For all the shortcomings in this This has been much more difficult We only have 58 days of Strategic Pe- amendment, most revealing are the than it appears to achieve, but we are troleum Reserve oil in the repository measures not included in it. There is very close. The bill codifies and stand- underground that we could use. The no repeal of the restriction on regula- ardizes existing tests used by Federal American people ought to be grateful— tions for commercial oil shale leasing. courts so that journalists, say, in Illi- nois are not subject to different treat- and I think they are—that we did this. The other side has decided to stand by ment than journalists in California. We have 58 days to pump out that oil a ban that they imposed last year on It certainly allows whistleblowers to that resource. There is no lifting of the and use it if we are in one of these be protected when they tell somebody congressional moratorium on the de- problems that could come about from about something untoward. We cer- velopment of deep sea energy re- an oil shortage on the world market tainly don’t want, if a test is being sources, despite the President already because of accidents, war, conflagra- fixed in the FDA because a drug com- tion, or the like. taking action to do so. pany wants it, to prevent some public There is no mention of our Nation’s The other side would take that and servant in the Government from let- vast domestic coal reserves which say: Let’s take 6 days of that reserve ting a reporter know to prevent harm. could be used to provide secure, afford- and put that oil out for sale and that But at the same time, there is no abso- might lower the price of oil on the able energy for decades to come. lute privilege and there are exceptions And there is no repeal of section 526 market and thus lower the price of gas- in terms of harming national security, which impairs the Defense Depart- oline. Anybody who sees that—we will acts of terrorism, and other matters, show them the numbers later what ment’s efforts to develop resources of such as kidnaping or murder. that means—will know that is not pro- alternative domestic fuel. Again, I will talk about this bill at ducing a new source of oil, drilling for Taken altogether, this amendment some length tomorrow. But I do want it or exploring it. It is nothing but a and the underlying speculation-only to go over some of the changes we have short-term use of our petroleum re- bill that is before the Senate suggests made so my colleagues are aware of serves for price reasons when it should that the majority is content to move them before we vote. never be used for that, and it won’t on without having done anything to As I said, Senator SPECTER and I work anyway. address the energy crisis. Nothing. We have put together a substitute which if The amendment has many other were faced with an effort to proceed to we adopt the motion to proceed—and I shortcomings. The most damaging pro- another matter this past weekend, and hope we will—we will immediately vision to our energy security deals the Senate rightly voted to reject it. offer, and that will be the base bill we with the Roan Plateau in Colorado. Yesterday afternoon, we were again will discuss. Let me talk about the The way the language is drafted faced with another attempt by the ma- changes made. speaks for itself. jority to change the topic from what First, the intelligence community On page 26: we were on to another topic. Again, the had concern that it would be too dif- The Secretary shall include in any mineral Senate rightly defeated that effort. I ficult to prosecute leaks of classified lease . . . a stipulation prohibiting surface hope we continue to defeat efforts to information. The new bill moves con- occupancy or surface disturbance for pur- move away from the No. 1 domestic sideration of leaks of classified infor- poses of exploration for or development of oil issue facing the American people. mation from section 2 of the bill to sec- and natural gas. This issue deserves our undivided at- tion 5, and that removes two major On page 29: tention. There is nothing to be afraid hurdles for Federal prosecutors. The Secretary may not permit through a of. We have ample time to write a good Under the new law, prosecutors will lease or other means any exploration for or bill that makes real progress and pro- not have to prove any longer that they development of oil shale resources. vides real relief at the pump for the have exhausted all options for finding And then on page 30: American people. the information or that the informa- The Secretary may not at any time issue I yield the floor. tion is essential to their investigation. mineral leases on public land within more The PRESIDING OFFICER (Mrs. These hurdles still remain in the De- than one of the phased development areas. MCCASKILL). The Senator from New partment of Justice internal guide- These restrictions are somehow fit York. lines, but the bill is not as strict in for inclusion, even after a finding on Mr. SCHUMER. Madam President, I that regard. page 20 which asserts that ‘‘the Roan will be brief. I know Senator GRASSLEY The bill also no longer requires that Plateau Planning Area likely contains has been waiting as well. I will not the person who leaked the information significant energy resources.’’ speak for very long. was authorized to have it. Why were these provisions included I rise to speak about S. 2035, the Free This substitute clarifies that the act in a title called ‘‘Oil Supply and Man- Flow of Information Act, a bill that will have zero impact on intelligence agement’’? A plain reading of this lan- Senator SPECTER and I have spent a lot gathering under the Foreign Intel- guage clearly demonstrates that it is of time on, worked on, and is cospon- ligence Surveillance Act. This bill does the sponsors’ desire to manage that sored by many in the House and nota- not affect FISA.

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.051 S29JYPT1 erowe on PRODPC61 with SENATE S7600 CONGRESSIONAL RECORD — SENATE July 29, 2008 Third, the substitute explicitly pro- of an election has consequences and ize that the relationship is clear from vides that sensitive Government infor- eventually affects real people. The im- the past 25 years: the more relative mation will not be disclosed in open pact upon the voter of past elections, power Democrats have, the higher the court. There was worry that under a what people said in those elections, probability of a tax increase. So Amer- whistleblower law, that might happen. what happened after the election in icans will need to think long and hard We make it clear that security has to policy, ought to be things people are about campaign promises of tax relief come first, but there also has to be bal- taking into consideration for the up- as they consider their choices in this ance in the test. coming Presidential election. As to Presidential election. The reason is Four, the definition of a covered per- that speech I gave 2 days ago, I want to that history shows very clearly, if son—and this has been one of two areas go back and remind my colleagues of a Democrats obtain the White House and of some controversy—has been nar- couple of comments I made at that par- control of Congress, taxes are certain rowed to ensure that it protects only ticular time. to go up. And not just go up on the legitimate journalists, first used in the At various times during the past 25 wealthy but across the board. Second Circuit case of von Bulow v. years, we have had times when Demo- Today, I would like to follow up last von Bulow to determine who qualifies crats have controlled both the Presi- week’s discussion. This week, I want to as a covered person. Someone who dency and the Congress. There have focus on a campaign season most like blogs occasionally is not going to get been times when the Democrats have this one and take a look at how the the protection here. Of course, someone controlled Congress and we had a Re- victors in that campaign used their on a blog who is a regular journalist publican President. And there have taxing power once sworn in. The period but happens to use the blog as a me- been times when we have had both a I am thinking about is 16 years ago. dium will be protected. And that is how Republican President and a Republican Well, in 16 years you can learn a lot it ought to be. Congress. Tax cuts or tax increases from history, and I think people ought Five, the substitute creates an expe- have resulted from that. And you find to be reminded of it. dited appeals process ensuring that a pretty good pattern of when you have But before I get into details, I would litigation regarding whether the pro- both a Democratic Congress and a like to say that I hope this election tection applies will be resolved as Democratic President that you have doesn’t go the same way that it did 16 quickly as possible. In section 8, we ex- big tax increases, as is the case in years ago because President Bill Clin- pedite the appeals process. 1993—if you remember the big tax in- ton was elected. I want people to be These are the changes made. They crease of 1993. clear that I am pulling for a Repub- make the bill better. The bill has the Then there are periods of time when lican colleague, Senator MCCAIN, to de- support of the journalistic community. we have had a Republican President feat another one of our Senate col- It has the support of 41 sitting States and a Republican Congress and you can leagues, Senator OBAMA. attorneys general, both Democrats and see tax decreases—very deep decreases So let’s turn the clock back to this Republicans. It is one of those rare bi- in taxes. Then you have a period of time 16 years ago, and I have another partisan moments. It has the support time in here where there was a little chart. This chart considers the story of of Senator OBAMA and Senator MCCAIN flurry—some tax cuts, some tax in- Rip Van Winkle, which I think is very and, of course, passed out of the Judici- creases—when we had a Republican appropriate during this period of time. ary Committee 15 to 4. A similar bill President and a Democratic Congress. You know the story about Rip Van passed out of the House by 398 to 21 So elections do have consequences. Winkle. He was a person who slept for and, obviously, it has been endorsed by Another chart that would show it a lit- 20 years. Here is the chart showing Rip 100 newspapers. That is easy to say, but tle better and more specifically would Van Winkle. in this town both the Washington Post, be this thermometer chart, where we If you round up just a little bit, it is a more liberal paper, and the Wash- have it very clear that when you have almost 20 years since that 1992 cam- ington Times, a more conservative times when you have a Democratic paign, and you will see from this chart paper, have endorsed it. President and a Democratic Congress, those events from a while ago might This bill has taken lots of time and you have some of the biggest tax in- have led to a form of tax hike amnesia. lots of work to achieve a careful bal- creases in history. And that would be If we go back to the 1992 campaign— ance. This is a rare moment, praise this figure. There are times we have and I will show you eventually how God, a broad consensus, and I hope we had a Republican President and a this is pretty appropriate to the cam- can move this bill forward tomorrow. Democratic Congress with some tax in- paign coming up—in 1992, you find a Madam President, I will speak at creases but a little bit less. There are very charismatic, a very likable, a very greater length tomorrow when we are times we have had a Democratic Presi- articulate young Governor from Ar- on the bill, but I wanted to let my col- dent and a Republican Congress with kansas barnstorming across the coun- leagues know the substitute changes slight tax decreases. try. Bill Clinton was 46 years old, fac- which we will publish in the RECORD When you have a Republican Presi- ing a 47th birthday in mid-August. He this evening so people will have a dent, a Republican Senate, and a was widely acknowledged as the most chance to look at it. Democratic House, you have some tax talented public speaker on the Presi- I yield the floor so that my colleague decreases but not very much. Then you dential scene since Ronald Reagan. from Iowa can speak. have times when you have a Repub- America had been in a recession at The PRESIDING OFFICER. The Sen- lican President, a Democratic Senate, that time. Although it was not re- ator from Iowa. and a Republican House, and you have ported until after the election, which is TAX POLICY tax decreases but not by very much. something you might expect from our Mr. GRASSLEY. Madam President, 2 Then you have times when you have a liberal media, the American economy days ago, I came to the floor to talk Republican President and a Republican had recovered in the latter half of 1992, about tax policy and the history of tax Congress and you have deep tax cuts. but it was not officially announced policy. I have come to follow up on So what this chart shows—this ther- until the day after the 1992 election, that speech of 2 days ago to talk about mometer—over the last 25 years, is when all of a sudden the recession was the recent history of speeches that that if you have Republican Presidents over, just because of the election. But were made in past Presidential elec- and Republican Congresses you have all during that election, reading the tions and the tax policy that was asso- deep tax cuts. When you have Demo- media, you would always be reminded ciated with those speeches and in an- crats controlling both the Presidency about the recession we were in. But other day or two, come to the floor to and the Congress, you have very rapid magically, election day 1992, 1 day speak about the different tax policies tax increases. So elections do have con- later, and the recession was over. between Senator OBAMA on the one sequences. The charismatic Democratic Presi- hand and Senator MCCAIN on the other I want to go now to a period of time dential candidate promised to focus, in hand. of a specific election and the tax con- his words, ‘‘like a laser beam’’ on the History is very important. Elections sequences that came as a result of that economic ills that Americans worried have consequences. Policy coming out election. But I think you have to real- about. In a key speech on June 21, 1992,

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.052 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7601 this ‘‘different kind of a Democrat’’ June 21, 1992, the rich were—put an- There being no objection, the mate- laid out his economic plan. He called other way—the top 2 percent income rial was ordered to be printed in the the plan ‘‘Putting People First.’’ I am earners in the United States. On Sep- RECORD, as follows: going to focus in a laser-like way on tember 8, 1992, candidate Bill Clinton [From the New York Times, Jan. 26, 1993] then-Governor Clinton’s tax agenda said: POLITICAL MEMO; RE-EXAMINING THE FINE that he announced for that 1992 cam- The only people who will pay more income PRINT ON CLINTON’S TAX PROMISES paign. taxes are the wealthiest 2 percent, those liv- (By Michael Kelly) In that speech, candidate Clinton was ing in households making more than $200,000 At a time when the public has repeatedly very critical of the marginal tax rate per year. shown its distaste for the maneuvers and relief that President Reagan had put By definition, you would think under machinations of politics, President Clinton’s into effect. To quote candidate Clinton: candidate Clinton’s plan that every- White House is banking on a five-word loop- For more than a decade, this country has body below that level of 2 percent, or hole to save it from voter outrage should Mr. been rigged in favor of the rich and the spe- $200,000, is either middle class or low Clinton propose a broad-based energy tax. cial interests. income. Now, remember what I said During the campaign, Mr. Clinton prom- ised tax cuts for the middle class. Now Mr. And we still hear that today. that he said—the only people who will While the very wealthiest Americans get Clinton and his chief economic advisers are pay more income taxes are the wealthi- backing away from the tax cut and strongly richer, middle-class Americans pay more to est 2 percent—because I am going to their government and get less in return. For hinting that an energy tax will hit the mid- 12 years, the driving idea behind American show you, after being sworn in, how dle class the hardest. economic policy has been cutting taxes on that turned out to be a heck of a lot ‘‘They campaigned on a middle-class tax the richest individuals and corporations and more people than the wealthiest 2 per- cut and then four days into a new Adminis- hoping their new wealth would ‘‘trickle cent. tration the chief economic spokesman is talking about a middle-class tax increase,’’ down’’ to the rest of us. On January 20, 1993, President Clin- That is a quote from his speech of said Robert S. McIntyre, director of Citizens ton was inaugurated. Democrats re- for Tax Justice, a liberal research group. June 21, 1992. tained their solid majority, 56 to 44, in As a relief from this version of the ‘‘That’s a flip-flop.’’ this body. Although losing 9 seats in Although Vice President Al Gore and middle-class squeeze, candidate Clinton the U.S. House, the Democrats retained Treasury Secretary Lloyd Bentsen have proposed middle-income tax relief, and a heavy majority of 258 to 176. Once mentioned the possibility of an energy tax in here is what he said: elected, the Democratic White House recent interviews, the President and his ad- Middle class tax fairness. Virtually every and the Democratic Congress converted visers insisted today that their economic industrialized nation recognizes the impor- plan was still under discussion and that no tance of strong families in its Tax Code. We the campaign economic plan, as you decision had been made. should too. We will lower the tax burden on would expect them to, into a legisla- Still some Clinton advisers say they are middle class Americans by forcing the rich tive blueprint. A key feature of the not worried about public outrage. They say to pay their fair share. Middle class tax- program, the middle-class tax cut, was the President built himself an escape hatch a payers will have a choice between a chil- thrown to the side. little less than a month before Election Day. dren’s tax credit and a significant reduction On January 14, 2003, at a press con- ‘‘Every time Clinton said ‘I’m not going to in income tax rate. ference, President-elect Clinton stated: raise taxes on the middle class,’ he always Now, doesn’t all of this sound very added the phrase ‘‘to pay for my programs,’’ From New Hampshire forward, for reasons said a chief political adviser to the Presi- familiar to speeches that are going on that absolutely mystify me, the press this year? I have quoted from a June dent, who spoke on the condition of anonym- thought the most important issue in the race ity. ‘‘He never, never, said just, ’I will not 21, 1992, speech given by candidate Clin- was a middle-class tax cut. I never did meet raise taxes on the middle class.’ He always ton, but you would think that you are any voter who thought that. said ‘I will not raise middle-class taxes to hearing exactly the same thing this Now, how do you reconcile the con- pay for my programs.’’’ year. tents of the economic plan and the By this logic, the adviser said, Mr. Clin- Now, let’s get down to basic facts. shift in position after the election? ton’s legalistic construct was a ‘‘distinction The definitions of rich and middle class with a difference’’ that allows him ‘‘the op- Pulitzer Prize winning author Bob portunity he now has’’ to raise taxes without are always open. They probably vary Woodward—who I think has a great from candidate to candidate and every- incurring voter wrath. deal of respect among most people of But of late that sort of politics-by-loophole thing with intellectual honesty and the Senate—wrote a comprehensive has not been playing well. where you might set rich and where book about the first part of the Clinton In 1990, President George Bush signed an you might set middle class. A person administration. It was titled ‘‘The agreement with Congress that obliged him to who is rich in Mason City, IA, might be Agenda.’’ Mr. Woodward, of the Wash- break his ‘‘read my lips’’ campaign promise middle class in New York City. ington Post, described it this way: of 1988 not to raise taxes. Mr. Bush and his An irony I continue to notice around advisers reasoned that voters had never here relates to this point. It seems as if While Clinton continued to defend his mid- taken his promise seriously in the first place dle-class tax cut publicly, he privately ex- and would forgive its being breached. The the politicians from the highest in- pressed the view to his advisers that it was come, highest cost of living, highest voters reacted with far more anger than un- intellectually dishonest. derstanding, and Mr. Bush never regained taxed States seem to be the most ob- That is Woodward saying that, not their trust when the economy turned sour. sessed with raising taxes on their Pres- CHUCK GRASSLEY. The late journalist, In recent weeks, the gulf between Washing- idential candidate’s definition of the Michael Kelly, in an article in the New ton’s view of what constituted acceptable be- rich. In this case, I am referring to a York Times, explained how the newly havior and that of many voters was again single person who makes $125,000, or demonstrated in the matter of Zoe Baird. elected President planned to ‘‘escape’’ double it for a married couple to Mr. Clinton pressed forward with his choice from his middle-class tax cut campaign $250,000. That seems to be the dividing of Ms. Baird as Attorney General despite the promise. Here is what Mr. Kelly wrote, line between the rich and other people, disclosure that she had once hired illegal in part: aliens. Mr. Clinton and his advisers figured according to the 2008 Democratic Presi- voters would forgive Ms. Baird what they dential candidate. [T]he President built himself an escape hatch a little less than a month before Elec- considered a small transgression in an other- Now, is $250,000 a rich family in Man- wise impressive career. hattan? Is $250,000 a rich family in San tion Day. Every time Clinton said ‘‘I’m not going to raise taxes on the middle class,’’ he The voters, recalling Mr. Clinton’s emo- Francisco? Is $250,000 a rich family in always added the phrase ‘‘to pay for my pro- tional promises to run a Government for the Chicago? Is $250,000 a rich family in grams,’’ said a chief political adviser to the ‘‘people who pay their taxes and play by the Boston? By the definition of Senators President, who spoke on condition of ano- rules,’’ saw him as trying to give a break to from those areas, I guess I would have nymity. He never, never, said just, ‘‘I will a rich woman who had done neither and to say it is. Do those families in those not raise taxes on the middle class.’’ He al- forced Ms. Baird’s withdrawal. Some See a Liability. cities know they are rich and that ways said ‘‘I will not raise middle-class taxes to pay for my programs.’’ Mr. Clinton’s aides know full well that Mr. their Senators think they pay too lit- Bush’s mistake helped cost him his job. But tle tax? Madam President, I want to have Mr. they still contend that Mr. Clinton is pro- But I digress. In candidate Clinton’s Kelly’s article printed in the RECORD. I tected by his escape clause. ‘‘People won’t economic plan that was announced on ask unanimous consent to do that. get away with saying Clinton promised that

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.061 S29JYPT1 erowe on PRODPC61 with SENATE S7602 CONGRESSIONAL RECORD — SENATE July 29, 2008 he was not going to raise taxes and then not raise taxes on the middle class, period,’ But in the fall campaign, when his words did,’’ the adviser said. ‘‘He had many oppor- was rejected by the President. He refused to were scrupulously followed by a larger audi- tunities to make a ‘read my lips’ statement, allow himself to be boxed in that way.’’ ence, Mr. Clinton took more care. After the and he did not.’’ The matter of the escape clause illustrates Richmond debate, he regularly re-stated the Some outside the Clinton camp disagree a larger point about Mr. Clinton that has be- position that his promise to the middle class strongly with that logic, however. come increasingly Obvious: It is always wise was only that he would not raise their taxes Kevin Phillips, a Republican political ana- to read the fine print. The fine print of Mr. ‘‘to pay for these programs.’’ lyst who charted the rise of middle-class Clinton’s promise on the tax cut for the mid- anger in the late 1980’s and spared no criti- dle class was quite different from the broad Mr. GRASSLEY. While the middle- cism of Mr. Bush’s broken promises, said: thrust of his oratory on the subject. class tax cut was discarded, the defini- ‘‘At the most recent count, only 800,000 For a year, the Democrat campaigned on a tion of the group subject to a tax in- Americans were lawyers, and I don’t think platform of economic renewal in which the crease, ‘‘the rich,’’ expanded. Accord- the 248 million or so who are not lawyers are Federal deficit could be halved in four years ing to a distribution analysis by the going to buy a caveat stuck on in the middle rather painlessly by raising taxes on rich nonpartisan Joint Committee on Tax- of a passionate plea to the middle-class vot- people and foreign corporations and by im- ers that they should vote for him because he ation, the taxpayers above $20,000 in in- proving the way Government programs are was going to save them. Talk about reading come received a tax increase. So no managed. his lips.’’ longer was it just taxing the top 2 per- In ‘‘Putting People First,’’ Mr. Clinton’s Mr. Clinton introduced the escape clause cent richest people in America. That on taxes for the middle class before a na- often-touted plan for American renewal, the candidate promised: ‘‘We will lower the tax was when you were campaigning for tional audience in an Oct. 19 Presidential de- President. When you get to be Presi- bate in Richmond. ‘‘I will not raise taxes on burden on middle-class Americans by asking the middle class to pay for these programs,’’ the very wealthy to pay their fair share. dent, it is $20,000. he said. ‘Very Conscious Decision’ Middle-class taxpayers will have a choice be- It was true that taxpayers above Listeners without the benefit of law-school tween a children’s tax credit or a significant $200,000 go up far more than other training might have taken that as a pledge reduction in their income-tax rate.’’ On July 13, speaking to reporters in New groups. But generally taxpayers above to not raise taxes on the middle class. But $20,000 saw their taxes rise. the President’s adviser said Mr. Clinton had York, Mr. Clinton said flatly, ‘‘I’m not going purposefully used, and reiterated, the phrase to raise taxes on the middle class,’’ accord- Madam President, I ask unanimous ‘‘for these programs’’ to allow himself a way ing to reports by The Chicago Tribune and consent to have printed in the RECORD out of what careless voters might have the Reuters news service. On the same day, a copy of the joint tax distribution thought they had been promised. in an interview shown by Cable News Net- analysis of the 1993 tax bill. ‘‘It was a very conscious decision on his work, he said, ‘‘I don’t think we should raise part,’’ the adviser said. ‘‘I can tell you this middle-class individuals’ taxes, because their There being no objection, the mate- from strategy sessions and debate prep ses- income went down and their tax rates were rial was ordered to be printed in the sions. The idea of a flat-out promise of ‘I will raised’’ in the 1980’s. RECORD, as follows: DISTRIBUTIONAL EFFECTS OF THE REVENUE PROVISIONS CONTAINED IN THE OMNIBUS BUDGET RECONCILIATION ACT OF 1993 AS AGREED TO BY THE CONFEREES [103 income Levels]

Present-law Fed- Present-law aver- Proposed change Burden change as Expanded income class 1 eral taxes 2 age tax rate 3 in tax burden 4 a share of income Billions Percent Millions Percent

Less than $10,000 ...... $9 10.4 ¥$1,152 ¥1.28 10,000 to 20,000 ...... 39 11.9 ¥993 ¥0.30 20,000 to 30,000 ...... 72 17.0 94 0.02 30,000 to 40,000 ...... 86 19.1 949 0.21 40,000 to 50,000 ...... 93 20.9 1,271 0.29 50,000 to 75,000 ...... 201 22.3 3,517 0.39 75,000 to 100,000 ...... 120 24.6 2,653 0.54 100,000 to 200,000 ...... 142 26.6 4,598 .85 200.000 and over...... 168 30.2 29,663 5.39 Total, all taxpayers ...... $930 22.1 S40,800 0.97 1 The Income concept used to place tax returns into income categories is adjusted gross income (AGI) plus: [1] tax-exempt interest, [2] employer contributions for health plans and life insurance, . [3] employer share of FICA tax, [4] workers’ compensation, [5] nontaxable Social Security benefits, [6] insurance value of Medicare benefits, [7] corporate income tax liability attributed to stockholder, [8] alternative minimum tax preference items, and [9] excluded income of U.S. citizens living abroad. 2 Includes individual income tax, FICA and SECA tax, excise taxes, estate and gift taxes, and corporate income tax. 3 Present-law Federal taxes as a share of expanded income. 4 includes all revenue invasions except individual and corporate estimated tax changes, Information reporting for discharge of Indebtedness, targeted jobs credit, capital gains incentives, provisions affecting qualified pension plans, mortgage revenue bonds, low-income housing credit, luxury tax provisions, excise tax on diesel fuel used in noncommercial motorboats, empowerment zones and enterprise communities, vaccine excise tax, GSP and FUTA extensions, transfer of Federal Reserve funds, deduction disallowance for certain health plans, orphan drug credit, and diesel fuel compliance.

Mr. GRASSLEY. That comprehensive That is the end of the quote of Mr. when Republicans controlled both the tax increase went into effect on the McIntyre, quoting from Mr. Kelly’s ar- House and the Senate. strength of Democratic votes only. I ticle. It has been a long time, almost 15 was here and I remember that. You Most folks are unhappy about flip- years since the American people have could look at it as the consequences of flopping politicians. Fishermen may seen a large tax increase, going back to the confidence in the large Democratic like a flip-flopping fish that they the period of time when the Democrats majorities in Congress, and a newly brought into the boat. This photo is controlled both the Presidency and the elected Democratic President. Basi- the best fish I could find to dem- Congress. Then I remember right here on the cally, however, there was no check on onstrate that. That is about the only floor, because I was here when he said one political party’s agenda. If that kind of flip-flopper that would be re- it, the then-Finance Committee chair- agenda is to raise taxes and increase ceived positively. If a politician flips man Pat Moynihan termed the 1993 tax spending, then it is not a surprise. from a tax cut promise to a tax hike, bill: Mr. Kelly’s article notes the adverse you can bet most folks will consider reaction of a prominent player of the . . . the largest tax increase in the history that move a flop in more ways than of public finance in the United States or any- leftwing in this town. This is a Mr. one. Robert S. McIntyre, who was very ac- where else in the world. tive in causes that you consider liberal. All of this happened almost 16 years Philosopher George Santayana said Quoting from Mr. Kelly’s article, this ago, but it is relevant for this year as words to the effect that history repeats is what Robert S. McIntyre, director of we go into a debate on taxes for this itself, and if you do not learn from his- Citizens for Tax Justice, a liberal re- campaign. During almost 14 years since tory, you are bound to repeat the mis- search group, had to say. Republicans have held either the White takes of the past. A risk Americans House or the Congress or both—and They campaigned on a middle-class tax cut face, if we hand over all the reins of and then four days into a new Administra- this chart shows, as I pointed out once power to the Democratic Party, is to tion the chief economic spokesman is talk- before, Congress and the President repeat the history of 15 years ago. ing about a middle-class tax increase. That’s have generally reduced the tax burden. I am a Republican. I know what polls a flip-flop. That is during this period of time, show. They show right now that the

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.017 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7603 electorate trusts Democrats more than tax relief and tax increases on only the First, supporters of the 1993 bill tout- Republicans on tax policy. But the 1992 rich, as it was in the campaign of 1992. ed it as a dollar of spending cuts campaign shows that if you listen too We could awaken from that slumber, matched by a dollar of tax increase. If much to what is said in the campaign, our tax increase amnesia would prob- you were a taxpayer, wouldn’t you buy it doesn’t necessarily come out that ably fade, we could wake up to another that? Pay one more dollar and get a way in the election. So I raise the ques- world record tax increase. dollar decrease in expenditures? But, tion, during the debate of 2008, in the you know, it doesn’t work out that I know what the folks who put in Presidential campaign, are we headed way. A close look at the numbers place that world record tax increase in the same direction? Are we going to shows the bill contained $4 of tax in- will say. They will defend it by arguing hear all the talk about taxing nobody crease to every $1 of spending cuts. but the rich but end up doing as we did that it cut the deficit. They will argue I ask unanimous consent to have a in 1993, taxing the middle class? that by cutting the deficit and moving Our tax increase amnesia may lead to a surplus, that interest rates summary of the Senate Finance Com- us in that direction. We could find our- dropped. While it is true the fiscal situ- mittee Republican staff analysis dated selves then being like Rip van Winkle. ation went from deficit in 1992 to sur- June 28, 1993, printed in the RECORD. We will hear dreamy rhetoric about plus in 1999, there were many other fac- There being no objection, the mate- hope and about change. It will be tors involved and a tax increase was rial was ordered to be printed in the clothed in a slumber of middle-class not the biggest reason for it. RECORD, as follows: COMPARISON OF TAXES/FEES, SPENDING CUTS AND RATIOS IN FINAL BUDGET RECONCILIATION BILL [In billions of dollars over five years]

Democrats Republicans In this bill

Taxes and User Fees: 1. Net Tax Increases ...... $240 $240 $240 2. User Fees ...... 0 (with 15 15 mandatory spend. cuts) 3. Total-Taxes & Fees ...... 240 255 255 Net Spendinq Cuts: 1. Mandatory programs ...... 88 65 55 2. Cap on discretionary programs ...... 102 66 0 3. Spending outside of caps not in this bill ...... 0 ¥11 0 4. Interest savings ...... 65 *0 0 5. Total-Spending cuts ...... 255 120 65

Ratio of taxes/fees to spending cuts ...... 94 to 1 2.13 to 1 3.92 to 1 Preliminary estimates as of August 4, 1993. * Note: Republicans believe the interest savings are about $53 billion, not $65 billion as claimed by the Democrats. Zero is shown in the chart because interest savings are not counted as a spending cut in figuring the ratio.

Mr. GRASSLEY. I have another rate from 28 percent down to 20 per- not just above $200,000 a year but from chart to back up what I say, that the cent. It is down to 15 percent now, as a $20,000 up. tax increase was not responsible for the result of the 2003 tax bill, but then it That is not a tax cut. That is a mid- deficit going down. The chart shows went from 28 down to 20 in 1997. dle-class tax increase. So, once again, the source of deficit reduction from As I said, there was a widely docu- like Rip Van Winkle, taxpayers do not 1990 through the year 2000. The tax in- mented significant growth in capital want to wake up to that tax increase. crease represented only 13 percent, just gains revenue after that rate reduction As a minimum, as the Presidential 13 percent of the deficit reduction dur- in 1997, as there was with the rate re- campaign unfolds, Americans need to ing that period. Other revenue, mainly duction in 2003. Indeed, even the Clin- keep this very clear history in mind. from economic growth and defense ton Treasury scored the reduction as a We need to probe the candidates in 2008 spending cuts, made the deficit decline. revenue raiser and was more than vin- on where they want to go on tax policy Even with the 1993 bill in effect, 2 dicated. so what they say in 2008 is done in 2009, years later the Congressional Budget Finally, external factors aside from not a repeat of what was said in 1992 Office projected President Clinton’s tax policy led to revenue growth. Free and what was done in 1993. We need to budget as producing significant deficits trade opened more markets to Amer- be careful not to leave escape hatches as far as the eye could see. ican goods and services. The Internet on favorable sounding tax cut cam- But several events not related at all bubble started to form. It was burst in paign promises. to the 1993 tax increase pushed the In that vein, I will follow up on this 2000 with the collapse of the NASDAQ budget toward surplus until 1999. First, discussion and the prior discussion and the business cycle yielded an eco- Republicans attained control of Con- with a later speech that concentrates nomic expansion after the 1991 reces- gress in 1994 and made a deficit reduc- on where each Presidential candidate sion ended. tion a priority. Year after year, Repub- stands this year on tax issues. I will ex- lican Congresses resisted Democratic Economist J.D. Foster has docu- amine these positions in the light of efforts to spend over tight budget caps mented this data. I commend to my this history I have discussed—of the placed in the Republican budget. Most colleagues WebMemo dated March 5, likelihood of each side, whether they often, President Clinton would extract 2008, available on the Internet at will deliver on campaign tax policy po- additional spending in the end deal. Re- www.heritage.org/Research/Taxes/ sitions. publican resistance, however, to pop- wm1835.cfm. To sum up, we are hearing from a ular Democratic spending proposals At the end of the day, the justifica- very articulate and attractive Demo- often had political consequences for tion for the tax flip-flop in 1993 cratic Presidential candidate. On tax Republican Members. mattered not one whit. Supporters of issues, as we heard 16 years ago from Second, revenues, especially capital the 1993 tax hike can offer whatever the soon-to-be President at that time, gains revenues, grew after the bipar- reason they want for the record tax in- Bill Clinton, we are hearing a proposal tisan Tax Relief Act of 1997. The cen- crease. A flip-flop of that size is, in to tax the rich this year to provide tax terpiece of that bill was, ironically, a fact, a flip-flop. cuts for the middle class. We are hear- middle-class tax cut in the form of a What they cannot dispute is their ing that this year. $500-per-child tax credit. The child tax Presidential candidate promised a mid- The Presidential candidate on the credit was a fundamental part of the dle-class tax cut. Once they had the Republican side has a different mes- Republican Contract With America. White House and congressional control, sage. We need to explore that as well. Another key component of that bill the other side abandoned the tax cut His message, consistent with a Repub- was a reduction in the top capital gains promise, raised taxes on Americans— lican position for almost 30 years, has

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.065 S29JYPT1 erowe on PRODPC61 with SENATE S7604 CONGRESSIONAL RECORD — SENATE July 29, 2008 been to continue progrowth, low levels something to avoid the phenomenal tax world demand production. What is in- of taxation. In light of history I look energy has placed on the American teresting about it, this little green forward to discussing the two com- family. margin at the top was surplus supply. peting visions of tax policy in the What happened in the last 2 weeks? In other words, it was available. The future. Oil prices, world oil prices have begun market wasn’t demanding it, but if the I yield the floor. to drop. They are dropping not because market demanded it, you could turn on The PRESIDING OFFICER. The Sen- of increased supply, not because the a pump, turn a valve on a well some- ator from Idaho is recognized. Senate has done anything, but because where in Saudi Arabia, probably, or The PRESIDING OFFICER. The Sen- the American consumer has said: We maybe Venezuela, and you had spare ator from Idaho. can no longer afford this. They are capacity in the market. But as you will Mr. CRAIG. Madam President, I ask backing away from the pump and notice, this green margin, this spare unanimous consent to speak for up to changing their lifestyle. It is truly an capacity margin in world supply began 10 minutes, to be followed by Senator issue of supply and demand. Supply to rapidly narrow starting in about 2000 WHITEHOUSE from Rhode Island for 30 hasn’t gone up in the last several through 2005. That is when China and minutes, to be followed by Senator months but demand is dropping. India were entering the market at ever BROWNBACK for 10 minutes. Not only is demand dropping in our greater capacity because their econo- The PRESIDING OFFICER. Without economy, it is dropping in Western Eu- mies were growing. They were becom- objection, it is so ordered. rope. It is dropping in Spain and Den- ing more wealthy, and they were using ENERGY mark, where there are significant re- oil as a part of the energy supply to Mr. CRAIG. First and foremost, let cessions or downturns in the economy produce the goods and services they me thank the Senator from Rhode Is- underway. In China and India, which were selling to the world market. Dur- land for his courtesy. We have been have become the new large consumers ing that time, we were not expanding moving back and forth throughout the of oil, our economy’s slowdown is going world capacity. So the margin, if you last number of days of debate. My pres- to situate a slowdown in the Chinese will, the bumper wasn’t there anymore. ence on the floor allowed him to offer economy, which has become a major Come 2005, we were nearly at a break- the courtesy—and I greatly appreciate supplier of goods to the American econ- point. Beyond that, here is the rest of it—to speak for 10 minutes ahead of omy. That is just around the corner. the story, and we know it today. There him. He would be entitled to be next. I So are we going to be lulled into a is no spare capacity out there. There is thank him for that. sense of false security if energy prices no way we can offset increased demand. Let me speak to what Senator over the course of the next several So consumers in America and all over GRASSLEY has spoken to briefly in say- months drop below $4 a gallon and into the world are starting to compete for ing that the ranking Republican on the $3 a gallon? Will the American con- the substance of oil by higher prices. Finance Committee has spoken very sumer heave a sigh of relief and say: That is why for the last 2 weeks we clearly on the critical nature of tax Crisis over? have been on the floor talking about policy to the economy. While that is I hope they don’t. Here is why I hope the ability to increase supply against valid, there is a tax at this moment in they don’t. It is very clear from this ever-growing demand. But the market time that is being charged every con- graph. This is a graph from 1890 to 2030 forces are at work. That demand has sumer in America who buys gasoline at about the overall supply of oil in this slipped off a little bit. Why? Because of the gas pump. It is the tax of non- country. Starting in about 1950, a very that high tax at the gas pump. That production. It is the tax of public pol- interesting pattern emerged that grew doesn’t mean it will go away, not at icy that has denied our great country rapidly until today, when we buy our all. China and India are still consuming its continued ability to produce the oil, 70 percent of it, from some other at ever-higher rates. They are simply necessary supply of energy to the phe- country; in other words, we don’t sup- going to grab that which we are not nomenal economy we have. ply it. We could supply it. We have the using today in the world market. So As a result of our failure to continue oil reserve under the ground. But for when our consumers want to come public policy that allowed production political purposes, we have denied our- back to the market, when prices drop a over the last 20 years, Americans are selves, our market, our producers the little bit, will there be more oil in the paying a higher price, a higher energy right to go there and get it. Here is market? There is a strong possibility tax today at the pump than ever in our what has happened. The dependency there may not be, unless this Congress history; $4.10, $4.15, $4.20 gas is at this has grown so that we are now nearly 70 recognizes the error of its ways and al- moment the No. 1 issue in America, not percent dependent on foreign sources of lows us to get into the business of pro- only taxing the pocketbooks of the av- oil. We are less secure today. We get duction again. erage consumer but taxing the average whipsawed in the world market be- We have put off limits all around the family in a way that they not only feel cause oil is priced as a world com- United States vast quantities of oil less secure today because their energy modity and now, in the last decade, that I and the world believe we ought bill has gone up over 20 percent this China and India have entered the mar- to be producing. Guess what the Amer- year but because we have a Congress ket in ever greater demand. ican consumer is saying. In the State stalled out at this moment. We have a What I want to show next is a bit of of Florida, where maybe a year ago or Senate that is denying its responsi- a complication but it is true in the oil 2 years ago, 70 percent of Floridians bility to the American people to pass markets of today. Why do I know about would have said: Don’t drill off our public policy that will allow us to con- it? I have been in Congress 28 years. I shore, I am being told by legitimate tinue to produce and, hopefully, drive have spent a fair amount of time deal- polling today that 70-plus percent of down the price of oil. ing with energy. All during that time, them are saying: Drill, produce. In In the absence of that kind of policy, I have argued that if you don’t fact, we believe that by the end of the what has happened in the last 6 months produce, someday something would week or early next week, the American as energy prices have gone through the happen—it is called a breakpoint—that people will see credible polling data roof? American consumers have driven breakpoint would occur, and American that says nearly 80 percent of the 40 billion less miles. They are voting consumers would all of a sudden find a American people are saying: You go with their feet at this moment and vot- phenomenal ramp-up in the price of en- produce that oil. Why are you asking ing to stay away from the gas pump. As ergy at the pump, that tax I am talk- foreign nations to supply it? We have they stay away from the gas pump, as ing about, that 20 percent hike in the the oil. Why aren’t we drilling it? they drive less, as they conserve, not cost of energy that American public You hear the argument here on the only are they changing the economy of policy produced for the American con- floor: My goodness, it would take 4, 5, our country, they are changing their sumer in the last year. 6 years to bring that oil online. I sug- lifestyles. I don’t think they are very Here is the chart. The dark area is gest that it wouldn’t take 4 or 5 or 6 happy about it. In fact, those I talk to U.S. production from 1970 to 2005. That years. We know the oil is there, maybe back home in Idaho are very angry is what we were producing. I shouldn’t 2 billion barrels of oil and literally about it. But they are having to do say just U.S. production; it was overall hundreds of trillions of cubic feet of

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.066 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7605 gas. Here are the pipelines. Here are re- when it puts at risk our environment Count 4: On vehicle tailpipe emis- fineries. Here is the infrastructure that and the health of American people; his sions, Administrator Johnson denied a could take this oil immediately out of deliberate actions to degrade the pro- waiver that would have allowed the what we call the eastern Gulf of Mex- cedures and institutional safeguards State of California, my State of Rhode ico, off the coast of Florida, and bring that sustain the agency; and his appar- Island, and many other States to enact it into production within 2 to 3 years. ent dishonesty to us in testimony be- strict restrictions on global warming What does the marketplace say? fore Congress. pollution from automobiles. What does that buffer out there, that The particulars are these. Count 1: EPA staff indicated in briefing mate- green line on that other chart say, if, On pollution from ozone, the EPA, rials that ‘‘we don’t believe there are in fact, we were to do that? It would under Administrator Johnson, departed any good arguments against granting say: My goodness, there is now poten- from the consistent recommendations the waiver.’’ EPA lawyers cautioned tially spare capacity in the market, of agency scientists, public health offi- the Administrator that all of the argu- and prices begin to drop. No, we can’t cials, and the agency’s own scientific ments against granting the waiver produce our way out of a crisis, but we advisory committees and instead set an were ‘‘likely to lose in court.’’ Yet Ad- can lessen the crisis while the Amer- ozone standard that favored polluters. ministrator Johnson issued an unprece- ican economy and technology are tak- The standard he set was inadequate to dented denial of that waiver. ing us to new forms of energy and to protect the public, especially children I will separately discuss my grave new ways to supply transportation. and the elderly, from the harmful ef- concerns about the Administrator’s I hope the Senate faces the reality fects of ozone pollution, from asthma testimony on this matter. I believe he that we have to get this country pro- and lung disease. has lied to us. But for this purpose ducing again. If we do, we can say to Indeed, it was so inadequate that now, looking only at the substantive the American consumer: We will lower EPA’s own Clean Air Scientific Advi- outcome, in ignoring the law, the dic- your tax burden at the gas pump, and sory Committee took the unique step tates of science, the recommendations we are going to create once again the of writing to the Administrator to of his regulatory and legal staff, the kind of flexibility the American con- state that they ‘‘do not endorse the role of Congress, the wishes of the sumer has in their family budget. You new primary ozone standard as being States, and the welfare of the Amer- lower the gas price, you lower the tax sufficiently protective of the public ican people, Administrator Johnson at the pump. That is the reality of health’’ and that the EPA’s decision failed again in his duty to the Agency what we are doing. It is a very real tax ‘‘fail[ed] to satisfy the explicit stipula- he leads. today. It has frightened the American tions of the Clean Air Act that you en- Count 5: On global warming pollu- consumer, and it has put our Nation in sure an adequate margin of safety for tion, in defiance of the Supreme a state of insecurity. all individuals, including sensitive pop- Court’s decision in Massachusetts v. I yield the floor. ulations.’’ EPA, Administrator Johnson has failed The PRESIDING OFFICER. The Sen- Setting this inadequate ozone stand- to take action after the Court’s ruling ator from Rhode Island. ard against the evidence was a derelic- that EPA has the authority, under the tion of Administrator Johnson’s duty Clean Air Act, to regulate greenhouse EPA ADMINISTRATOR STEPHEN L. JOHNSON to the Agency he leads and of EPA’s gas emissions that pollute our air and Mr. WHITEHOUSE. Madam Presi- duty to protect the health of the Amer- warm our planet. dent, I rise to speak about a matter ican people. It is now nearly 18 months since the that I very much regret being here to Count 2: On pollution from lead, Ad- Court’s decision, and the EPA has discuss, but events have driven me to ministrator Johnson has proposed a shown no indication it will act before this point and, with me, the chairman standard that fails to sufficiently President Bush leaves office. In ignor- of the Environment and Public Works strengthen the regulation aimed at ing a ruling of this Nation’s highest Committee, Mrs. BOXER, Senator limiting exposure to lead pollution. Court empowering him to act on a mat- KLOBUCHAR, and others as well. Lead has poisoned tens of thousands ter important to the public health of For most of its nearly four-decade of children in Rhode Island and many Americans, Administrator Johnson history, Americans could look to the more all over the country. Both an again failed in his duty to the Agency Environmental Protection Agency for independent scientific review panel and he leads. independent leadership, grounded in EPA’s own scientific staff rec- But it was not enough for Adminis- science and the rule of law. It was an ommended a lead standard of no great- trator Johnson to rule for the polluters agency whose clear mission was to pro- er than 0.2 micrograms per cubic on pollutant after pollutant. tect our environment and health. meter. Yet Administrator Johnson pro- Administrator Johnson has also sys- At its very founding, EPA’s first Ad- posed a range of 0.1 up to .05 tematically dismantled institutional ministrator, William Ruckelshaus, 1 micrograms—2 ⁄2 times. safeguards and processes that protect stated unequivocally: Mr. Johnson further diluted even his Agency’s integrity and guide its EPA is an independent agency. It has no that lax standard by using what public mission. obligation to promote agriculture or com- health advocates have labeled ‘‘statis- Jonathan Cannon served at EPA dur- merce; only the critical obligation to protect tical trickery’’—statistical trickery— ing the Reagan, George H.W. Bush, and and enhance the environment. allowing polluters a longer period of Clinton administrations. He warns of During the tenure of Administrator time over which to average the amount ‘‘extreme friction within the agency Stephen Johnson, we have seen that of lead they discharge into the air. and institutional damage . . . demor- clear mission darkened by the shadowy Again, by not adequately protecting alizing the legal staff, and . . . further handiwork of the Bush White House, children from lead, Administrator separating staff from the political lead- trampling on science, ignoring the Johnson was derelict in his duty to his ership at the agency.’’ We saw similar facts, flouting the law, defying Con- Agency. sabotage of institutional safeguards in gress and the courts, while kneeling be- Count 3: On pollution from soot, the Gonzales Department of Justice, fore industry polluters, and all for rank technically called ‘‘particulate mat- and this institutional damage raises and venal purposes. Under Adminis- ter,’’ Administrator Johnson bowed to four further charges, taking us to trator Johnson, EPA is an agency in pressure from industry and failed to count six. distress, in dishonor, and in bad hands. strengthen a decade-old standard lim- On the question of the Agency’s legal Events last week have shed new light iting particulate matter pollution from integrity, under Administrator John- on the extent of the damage done to smokestacks. son, the EPA offered legal arguments this great agency, but the evidence of Again, the Agency’s own scientific for its insufficient pollutant standards Mr. Johnson’s dismal record has been advisory committees had called for a so shallow they provoked ridicule by growing for many months. The charges tougher standard to protect public the courts that heard them. When EPA are serious and fall in three separate health. Again, Administrator Johnson tried to defend its weak mercury cap- categories: his repeated decisions put- yielded to polluters. Again, Adminis- and-trade system, the DC Circuit Court ting the interests of corporate pol- trator Johnson failed in his duty to the of Appeals—which, as we know, is hard- luters before science and the law, even Agency he leads. ly a liberal bench—accused the Agency

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.058 S29JYPT1 erowe on PRODPC61 with SENATE S7606 CONGRESSIONAL RECORD — SENATE July 29, 2008 of employing the ‘‘logic of the Queen of been directed to inappropriately ex- which I also serve for a hearing to look Hearts’’ in attempting to evade the in- clude or alter information from EPA further into his failure to cooperate tent of Congress and the clear meaning science documents, or have had their with Congress and provide documents of the Clean Air Act. work edited in a manner that resulted and other information we have sought. The same court said EPA’s argument in changes to their scientific findings. In what is perhaps the gravest mat- under the Clean Air Act allowing power The survey also revealed that EPA ter of all, I believe the Administrator companies to avoid upgrading their scientists have often objected to or re- deliberately and repeatedly lied to pollution control technologies made signed or removed themselves from Congress, creating a false picture of sense only in ‘‘a Humpty Dumpty EPA projects because of that pressure the process that led to EPA’s denial of world.’’ In adopting ‘‘Wonderland’’ to change scientific findings. the California waiver, in order to ob- legal analysis that contravenes the Allowing this corrosive political in- scure the role of the White House in in- clear will of Congress and embarrasses fluence to persist among the career sci- fluencing his decision. his Agency before the courts, Adminis- entists at EPA is yet another derelic- Today, Senator BOXER and I have trator Johnson failed again in his duty tion of Administrator Johnson’s duty sent a letter to Attorney General to uphold the mission of the Agency he to the Agency he leads. Mukasey—along with Senator leads. Count 9: Administrator Johnson has KLOBUCHAR—asking him to investigate Count 7: On the integrity of EPA’s twisted the very administrative proce- whether Administrator Johnson gave scientific advisory boards, Adminis- dures of the Environmental Protection false and misleading statements, trator Johnson did not just ignore Agency to allow the White House Office whether he committed perjury, and these boards’ recommendations, he of Management and Budget secret in- whether he obstructed Congress’s in- willingly allowed those panels to be in- fluence over Agency decisionmaking. vestigation into the process that led to filtrated by the very industries they For example, the IRIS process for de- the denial of the California waiver re- are meant to regulate and control. termining the toxicity of chemicals quest. For example, an employee of that all of us are exposed to allows I ask unanimous consent that the ExxonMobil served on the panel to as- OMB three separate chances to exert letter and its attached recitations be sess the carcinogenicity of ethyl its dark influence: at the beginning, in printed in the RECORD as an exhibit to oxide—a chemical manufactured by the middle, and again at the end of the these remarks. ExxonMobil. Agency’s process. In the words of the The PRESIDING OFFICER. Without Another scientist received research GAO, this process is ‘‘inconsistent with objection, it is so ordered. support from Dow Agro and served on the principle of sound science that re- (See Exhibit 1.) that panel, even though ethyl oxide is lies on, among other things, trans- Mr. WHITEHOUSE. There is more. also manufactured by Dow Agro. These are not isolated counts but signs A scientist whose research was fund- parency.’’ This is not just a potential concern. of an agency corrupted in every place ed by American Cyanamid and CYTEC The current chair of EPA’s Clean Air the shadowy influence of the Bush sits on the EPA panel on acrylamide, Scientific Advisory Panel has testified White House can reach. which is manufactured by American Administrator Johnson forced the Cyanamid and marketed by CYTEC. that the ozone standard was ‘‘[set] . . . resignation of EPA’s Regional Admin- EPA did not see any conflict of inter- by fiat behind closed doors,’’ has testi- istrator for the Midwest, Mary Gade, est. fied that the entire Agency’s scientific But at the beck and call of the Amer- process was ‘‘for naught,’’ and testified who was locked in a struggle with cor- ican Chemistry Council, an industry that ‘‘the OMB and the White House porate polluter Dow Chemical Com- lobby group, Administrator Johnson set the standard, even though theoreti- pany. The circumstances are highly removed Dr. Deborah Rice, a promi- cally it was set by the EPA Adminis- suspicious. Administrator Johnson has nent toxicologist, from a scientific re- trator.’’ She testified that as a result, replaced Ms. Gade with a former attor- view board investigating chemicals ‘‘willful ignorance triumphed over ney for the automobile industry, whose used in common plastic goods. sound science.’’ That is her testimony. record on behalf of the environment The industry argued that she had a In manipulating his Agency’s proc- has been described as ‘‘horrible.’’ conflict of interest. Incredibly, the esses to let willful ignorance triumph The EPA, under Administrator John- conflict of interest was that, at a pub- over sound science, Administrator son, has reduced the reporting burdens lic hearing in the State of Maine, as a Johnson has again been derelict in his on industries that release toxic chemi- representative of the State’s Govern- duties to this once proud Agency. cals into our land, sea, and air. It has ment, Dr. Rice had stated her profes- The third and final category of weakened enforcement and monitoring sional opinion regarding the dangers charges relates to Johnson’s relation- by opening fewer criminal investiga- associated with these chemicals. The ship to Congress. In defiance of his tions, filing fewer lawsuits, and levying industry did not like her professional charge under the Constitution of the fewer fines against corporate polluters. opinion. Not only was Dr. Rice re- United States, Administrator Johnson It has failed to protect agency em- moved from the panel, but in a particu- has personally repeatedly refused to ployees who pointed out problems or larly Orwellian maneuver, the fact that cooperate with Congress in our efforts reported legal violations or attempted she had ever been on the panel was to conduct proper oversight over the to correct factual misrepresentations stricken from the advisory commit- executive branch. made by their superiors and created an tee’s records. The Senate Environment and Public atmosphere where employees fear re- In packing EPA’s scientific panels to Works Committee has repeatedly re- prisals. please industry polluters, Adminis- quested documents in connection with In the face of widespread criticism trator Johnson is guilty of a particu- EPA’s denial of the California waiver that his agency is in crisis and that he larly chilling dereliction of his duty to and its failure to adequately regulate is a pawn of the White House and its al- the Agency he leads. ozone pollution in our efforts to deter- lies in polluting industries, Adminis- Count 8: A report issued on April 23 mine whether the White House improp- trator Johnson’s response was to label by the Union of Concerned Scientists, erly influenced these decisions. all those concerned, many of whom are entitled ‘‘Interference at the EPA,’’ un- Administrator Johnson has rebuffed dedicated career employees of his agen- covered widespread political influence these proper requests. He has repeat- cy, as ‘‘yammering critics,’’ clearly a in EPA decisions. The report found edly declined to appear before the EPW man after Spiro Agnew’s own heart. that 60 percent of EPA career sci- Committee to explain his Agency’s The EPA has a vital mission. When entists surveyed had personally experi- policies. And when he has appeared, he this great agency is weakened and its enced at least one incident of political has resorted to canned, stock, evasive work subverted by political inter- interference during the past 5 years—60 answers in response to legitimate ques- ference, there is a great cost to this percent of the career scientists. It is a tions about political influence infil- country. When EPA scientists and ca- plague over there. trating his Agency. reer employees become discouraged as The report documented, among other Just last week, he refused to appear their voices go unheard, there is a things, that many EPA scientists have before the Judiciary Committee on great cost to this country. When the

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.059 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7607 people of America lose faith that the fire brings idealism and principle to de- the reasons. Look at what I have pre- Environmental Protection Agency ac- cisions and illuminates a moral path pared. Whatever decision colleagues tually lives up to its name, there is a through the complexities of Govern- may come to, I hope all understand I great cost to this country. When those ment. come to this decision sincerely and who were chosen to serve this country The value in Government of that after much review and reflection and instead serve themselves, their polit- spark of fire burning in the hearts of a with no pleasure. ical allies, and their patrons, there is a thousand men and women—our real I thank the President, and I yield the great and lasting cost to this country. thousand points of light—is immeas- floor. It is a failure of integrity, and that is urable. EPA is sustained by that spark EXHIBIT 1 a failure we can no longer afford. of fire. U.S. SENATE, COMMITTEE ON ENVI- We demand integrity—democracy de- But this spark of fire is quenched in RONMENT AND PUBLIC WORKS, mands integrity—of our public offi- the toxic atmosphere of dishonesty Washington, DC, July 29, 2008. cials, not just because integrity is an whose guiding principles are help your Hon. MICHAEL MUKASEY, abstract moral good but because de- friends, please your patron, dodge your Attorney General, U.S. Department of Justice, responsibilities, and fudge the truth. Washington, DC. mocracy fails without it. DEAR ATTORNEY GENERAL MUKASEY: As Integrity sustains our democracy in Dishonesty and idealisms do not co- members of the Senate Committee on Envi- such important ways. The first is in- habit. ronment and Public Works (EPW), we are tegrity to the truth. In Government, The third integrity is competence, a writing to ask that you open an investiga- when the facts are clear enough for re- vital integrity. If we are to address the tion into whether the Administrator of the sponsible people to act, it is a failure of present and looming problems a new U.S. Environmental Protection Agency integrity to fail to confront those administration will have to face—a war (EPA), Stephen L. Johnson, has made false without end in Iraq, an economy on a or misleading statements before the EPW facts. As the late Senator from New Committee. York, Daniel Patrick Moynihan, fa- sickening slide, a broken health care We do not make this request lightly. How- mously said: ‘‘You are entitled to your system, a country divided into two in- ever, we believe that there is significant evi- own opinion; you are not entitled to creasingly separate Americas, a public dence to suggest that Mr. Johnson has pro- your own facts.’’ education system that is failing, the vided statements that are inconsistent with America has traditionally been char- dangerous weight of an alarming na- sworn testimony and documents provided in acterized by candid and practical as- tional debt, foreign policies that have connection with an investigation conducted sessment of the facts, a can-do attitude by this Committee. These false, misleading, unhinged us from responsible world or intentionally incomplete statements re- about responding to those facts, and opinion, bickering and irresolution on late to the decision announced by EPA on bold decisionmaking to find our way problems such as immigration and December 19, 2007, to deny the request by through those facts. Practical, can-do, global warming—we must see com- California for a waiver under Section 209 of optimistic, realistic—that is the Amer- petence as a core integrity. We must the Clean Air Act. After Mr. Johnson’s testi- ican way. When Government doesn’t demand competence of Government of- mony, a former senior aide to Mr. Johnson face the truth about the facts, it will ficials as a bare minimum, a core ne- at EPA, Jason Burnett, provided sworn testi- almost certainly fail to meet the de- cessity. mony before the EPW Committee on July 22, 2008, that appears to contradict Mr. John- mands of the moment and fail to serve Unfortunately, as one discouraged of- son’s testimony on key factual matters. the interests of our people. That is ficial has complained: ‘‘In the Bush ad- For example, Mr. Johnson stated under what is happening at EPA. They sim- ministration, loyalty is the new com- oath before the EPW Committee on January ply will not face facts plain to any re- petence.’’ 24, 2008 that he based his denial of the Cali- sponsible person. Administrator Stephen Johnson is a fornia waiver request on California’s failure However, facts are stubborn things. failure in all these dimensions. From to meet the ‘‘compelling and extraordinary’’ They do not yield to ideology or influ- everything we have seen, Adminis- circumstances criterion under Section 209, and that he reached this decision independ- ence. They do not care about your poli- trator Johnson has done the bidding of ently. However, Mr. Burnett testified that tics. Unanswered they stand, getting the Bush administration and its polit- Mr. Johnson had in fact determined that worse, and eventually the piper must ical allies without hesitation or ques- California met this criterion and the other be paid. If facts aren’t candidly, real- tion and in violation of his clear duty. Clean Air Act criteria necessary for approval istically, and responsibly faced, not He has tried to cover up his dereliction of the waiver, and that the Administration’s only will the problem get worse but the of duty with evasive and discreditable decision to deny the waiver was based on the very capacity of the Government to ad- testimony. He has acted without re- President’s policy preferences, rather than the lack of compelling and extraordinary cir- dress problems candidly, realistically, gard for the law or the determinations cumstances. and responsibly, that capacity will of the courts. He has damaged the mis- In addition, Mr. Johnson testified before itself degrade when not put to use. So sion, the morale, and the integrity of the EPW Committee that the decision to there are ugly, lasting consequences his great institution—the Environ- deny that waiver was solely his decision. when Government officials fail at their mental Protection Agency—and he has However, Mr. Burnett testified that Mr. obligation to meet the truth head on. betrayed his solemn duty to Americans Johnson had a plan to grant the waiver and Another integrity is to honesty. As who depend on him to protect their had concluded that the statutory criteria for failures of truth have a harsh cost in health, particularly our very youngest granting it were met, until it was ‘‘clearly articulated’’ by the White House that the Government, so do failures in honesty. and our very oldest whose vulnerabil- President’s ‘‘policy preference’’ was to deny I have sworn in new assistant U.S. at- ity is greatest. the waiver. torneys. I have sworn in new State as- Administrator Johnson suggests a We also are concerned about Mr. Johnson’s sistant attorneys general. I have pre- man who has every intention of driving testimony that the energy legislation en- sided at nomination hearings. Every his agency onto the rocks, of under- acted by Congress and signed by the Presi- time I have seen the same thing: a lit- mining and despoiling it, of leaving dent on December 19, 2007, was not sub- tle spark of fire, a moral fire sparked America’s environment and America’s stantively related to his decision announced on the same day to deny the California waiv- when someone makes a choice to earn people without an honest advocate in er, which he asserted was based upon his less money than they would otherwise, their Federal Government. This behav- finding that the waiver did not meet the to work a lot harder than they would ior not only degrades his once great Clean Air Act statutory criteria. Mr. Bur- otherwise, to dare greater challenges agency, it drives the dagger of dishon- nett testified, however, that Mr. Johnson than they might otherwise, all in order esty deep into the very vitals of Amer- had required extensive analysis of the im- to serve the larger purpose, to serve an ican democracy. The American people pact of this energy bill in evaluating wheth- ideal, to serve America. cannot accept such a person in a posi- er to grant the waiver, and that it was the This spark of fire inspires young men tion of great responsibility. President’s policy preference that led to the and women to tackle problems that I am truly sorry it has come to this, denial of California’s waiver request, because granting the waiver or a partial grant of the may seem unmanageable. This spark of but that is why this afternoon I called waiver would have led to two standards, not fire keeps people at their desks late on Administrator Johnson to resign his one, as the President desired. The energy bill into the night when others have gone position. I encourage my colleagues to established a single standard for vehicle fuel home to their families. This spark of look closely at these concerns. Look at efficiency, as the President desired.

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.068 S29JYPT1 erowe on PRODPC61 with SENATE S7608 CONGRESSIONAL RECORD — SENATE July 29, 2008 It appears that Mr. Johnson’s account of prised and informed of the law and EPA’s as- what we think you should do, and sometimes the California waiver decision is factually sessment that all three criteria were, that they give you an array of options, Mr. Ad- inaccurate or misleading. We take the incon- the, clearly the most supportable case under ministrator, we think these are your op- sistency between Mr. Johnson’s testimony the law is that all three criteria had been tions. You have testified that in this case, and other evidence very seriously. False tes- met. (Id. at p.43) they gave you an array of options, not a sin- timony by any witness is serious and under- My advice, my recommendation, as well as gle, consolidated opinion, correct? mines our ability to fulfill our constitutional the advice and recommendation of all other Administrator JOHNSON: That is what I re- duties on behalf of the American people. Our advisors within EPA that I am aware of was member, yes. (2/27/08 hearing unofficial tran- concern is heightened because this decision for Administrator Johnson to grant the script at p. 61) by the EPA Administrator affects the health waiver or at least grant the first few years of In fact, however, Mr. Burnett was clear and wellbeing of the American people. For the waiver. (Id. at p. 21) that there was staff agreement on the issue, these reasons, we have no choice but to refer Third, Mr. Burnett testified that Adminis- as manifested in the plan agreed to by the the matter to you for appropriate investiga- trator Johnson’s decision to partially grant Administrator, and presented to the White tion and prosecutorial action. the waiver was then taken to the White House, to grant a partial waiver: We look forward to your prompt response House: My advice, my recommendation, as well as the advice and recommendation of all other on this matter. But we went forward with our plan, told advisors within EPA that I am aware of was Sincerely, the White House about our plan to have a for Administrator Johnson to grant the BARBARA BOXER, partial grant of the waiver. . . . (Id. at p. 32) waiver or at least grant the first few years of Chairman. Fourth, Mr. Burnett was clear that when the waiver. (7/22/08 hearing, unofficial tran- SHELDON WHITEHOUSE, the White House was informed of the plan, script at p. 21). U.S. Senator. the Administrator was told of the Presi- dent’s ‘‘policy preference’’ and reversed his Mr. Burnett made clear, however, that the AMY KLOBUCHAR, Administrator went to the White House U.S. Senator. decision to support the partial waiver. But we went forward with our plan, told armed with a plan to partially grant the FRANK R. LAUTENBERG, waiver but, after being informed of the Bush U.S. Senator. the White House about our plan to have a partial grant of the waiver, and in response, ‘‘policy preference’’ that the waiver not be granted, reversed course and denied the EPA ADMINISTRATOR JOHNSON’S TESTIMONY we were reminded of the President’s policy preference. (Id. at p. 32) waiver: BEFORE CONGRESS ON THE CALIFORNIA We went forward with our plan, told the Mr. BURNETT: I believe that we continued WAIVER DECISION White House about our plan to have a partial throughout the early December to explain grant of the waiver, and in response, we were Specifically, the concerns we have regard- the case for a partial grant. I believe that it reminded of the President’s policy pref- ing Administrator Johnson’s testimony arise was early December when the Administrator erence. (7/22/08 hearing unofficial transcript out of conflicts between his testimony before made his plan known. Of course, that plan at p. 32) the EPW Committee, and that of Jason Bur- ultimately was not followed. Senator WHITEHOUSE: In the Clean Air Act nett, a former EPA official who worked Senator WHITEHOUSE: And in between that, closely with Administrator Johnson on the waiver, after the White House was notified of the White House response came back that the proposed decision that you put together, California waiver issue. the President desired there to be the single It appears from Mr. Burnett’s testimony did the White House respond to that notice standard? that you intended to partially grant the that Administrator Johnson’s testimony was BURNETT: yes. (Id. at p. 38) waiver? at best misleading and at worst untruthful The repeated, false emphasis by the Ad- BURNETT: The response was clearly articu- in many specific ways. ministrator that the decision to deny the Administrator Johnson repeatedly claimed lating that the President had a policy pref- waiver was ‘‘mine and mine alone,’’ when in erence for a single standard that would be in- that the decision to deny the California fact the Administration effectively reversed waiver was ‘‘mine and mine alone.’’ He said consistent with granting the waiver. (Id.) Administrator Johnson’s decision to grant BURNETT: I believe that we continued this repeatedly, over and over: the waiver, was part of a larger plan to mis- throughout the early December to explain I was not directed by anyone, I was not di- lead the EPW Committee about the decision- the case for a partial grant. I believe that it rected by anyone to make the decision. This making process regarding the waiver. was early December when the Administrator was solely my decision based upon the law, A second part of this plan was Adminis- made his plan known. Of course, that plan based upon the facts that were presented to trator Johnson’s suggestion that there was was ultimately not followed. me. It was my decision. (1/24/08 EPW Com- staff debate on the California waiver, during SW: And in between that, the White House mittee Oversight hearing (‘‘1/24/08 hearing’’), which a wide range of options were presented response came back that the President de- unofficial transcript at p. 29). by staff, and after which, based on this de- sired there to be the single standard? I made the decision. It was my decision bate, the Administrator made the decision to BURNETT: Yes. (Id. at p. 38) and my decision alone. (2/27/08 EPW Com- deny the waiver: Administrator Johnson deliberately and mittee hearing on EPA FY2009 Budget (‘‘2/27/ Again, a great team of people, the lawyers repeatedly left these steps out of his discus- 08 hearing’’), unofficial transcript at p. 58) and scientists and policy staff. They pre- sion of the process that led to denial of the The decision was mine and mine alone. I sented me with a wide range of options [on waiver. made the decision. (2/27/08 hearing, unofficial the waiver]. Those options ranged from ap- Moreover, when questions regarding White transcript at p. 59). proval to denial. I listened to them carefully, House contact were raised, he said things Certainly the California waiver was my de- I weighed the information and I made an that were not true, if words are given their cision under the Clean Air Act and mine independent judgment. I concluded that Cali- meanings in common usage. alone. I made the decision, I made it inde- fornia does not meet the standard under Sec- For example, Administrator Johnson testi- pendently, I carefully considered all the tion 209. (1/24/08 hearing unofficial transcript, fied repeatedly that his contacts with the comments and I made that decision. (Id. at p. at p. 45). White House regarding the waiver were lim- 30) Again, as I have stated and will state ited to ‘‘routine discussions’’ that were noth- Mr. Burnett’s testimony, however, indi- again, the decision was mine, solely mine. I ing more than status updates for the White cates that these statements were not true in heard a wide range of comments from inside House on the waiver issue and were part of any meaningful sense. First, in point of fact, the agency, outside the agency, I was pre- meetings involving multiple issues: Senator BOXER: Did you contact [the White the decision Administrator Johnson made sented with a range of options. I made the House about the California waiver]? was to grant a partial waiver: decision. It was my decision and my decision Administrator JOHNSON: As part of good There was an effort that we were engaged alone (2/27/08 hearing unofficial transcript at government, I tell them what is the status of in and that I was engaged in to make the p. 58). major actions that are before the Agency to case that it would be appropriate to issue at During the briefing process, I encouraged give them an update. That is what I do on pe- least a partial grant of the waiver. (Testi- my staff to take part in an open discussion titions, on regulations, and—— mony of Jason Burnett at EPW Committee of issues, and due to their value [sic?] op- Senator BOXER: Did you discuss this waiver hearing, 7/22/08, unofficial transcript at p.31) tions and opinions, I was able to make a de- with members of the Administration in the The Administrator had a plan to partially termination. As you know, the Clean Air Act White House, the Vice President’s Office, or grant the waiver provided that the Clean Air requires the EPA Administrator to deter- the OMB? Did you discuss this? Act was not enacted [sic] by Congress. (Id. at mine whether or not the criteria for a waiver Administrator JOHNSON: I have routine dis- p. 42). have been met. It was only after a thorough cussions. (EPW 7/26/07 Hearing on Status of Second, Mr. Burnett’s testimony makes review of the arguments and material that I California Waiver unofficial transcript at pp. clear that this decision to grant the partial announced my direction to staff to prepare a 15–16 ) waiver was vetted thoroughly within EPA decision document for my signature. (1/24/08 Senator WHITEHOUSE: Was there or was and reflected the Agency’s consensus view hearing unofficial transcript at p. 16) there not contact from the White House re- that at least a partial waiver was appro- Senator WHITEHOUSE: The last time we garding the waiver decision? priate: spoke about this, you said that sometimes Administrator JOHNSON: As I said, I have We did our best to ensure that all policy the EPA staff gave you a single consolidated routine contacts with members of the Ad- officials involved in this decision were ap- recommendation, Mr. Administrator, this is ministration, including the White House.

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Senator WHITEHOUSE: And did that routine make the case that it would be appropriate Senator BOXER: The answer is yes, then. contact include contact regarding the waiver to issue at least a partial grant of the waiv- What did they say? What was their reaction? decision? er. (Id. at p. 31) How did they feel about the waiver? Administrator JOHNSON: Again, I have rou- Administrator Johnson was also mis- Administrator JOHNSON: I don’t recall their tine conversation on a wide range of topics leading and not credible regarding the staff reaction because I was giving them an up- that I believe is good government and in- process on the waiver decision. He testified date of the status of this action and a lot of deed, it included what our status was on the that he had been presented a range of op- other actions before the Agency. (7/26/07 issue of the California waiver. (2/27/08 EPW tions from denial to outright grant, but that hearing unofficial transcript at 16). hearing unofficial transcript at p. 58) he could not remember any of the options be- Senator BOXER: Is this a fair analysis of In fact, Mr. Burnett’s testimony makes yond the extremes of a full grant or outright what you have told us? That no one ever con- clear that there were specific White House denial of the waiver: tacted you to give an opinion on the waiver, meetings dedicated to the waiver: Senator WHITEHOUSE: What would you list? or to tell you to slow it up or anything; no Senator WHITEHOUSE: Were the meetings You said a wide range of options? Can you one from the President’s, Vice-President’s, . . . related to the California waiver . . . spe- specify what those options were? OMB; no one from the DOT. But you did con- cific to that? Or were they part of a routine Administrator JOHNSOn: As I have said, a tact them just to fill them in on what was schedule that the Administrator had, going range from approving the waiver to denying happening, and the waiver was one of the to the White House on a regular basis and the waiver. issues, but you don’t recall anything that this would be on the agenda, this particular Senator WHITEHOUSE: That is not a range, they said. You just briefed them, but they time? Or were these meetings that were that is two. never made any opinion. Yes or no? scheduled specifically to address this and not Administrator JOHNSON: Well, there were Administrator JOHNSON: If you would add part of a routine, ongoing scheduled meeting options in between and— ‘‘to the best of my recollection,’’ then I process? Senator WHITEHOUSE: Such as? would say, ‘‘yes.’’ (Id. at p. 17) Administrator JOHNSON: I was trying to re- Mr. BURNETT: Both. There were some meet- Given Mr. Burnett’s testimony, it is sim- ings that were specifically scheduled to talk call. I don’t recall the specific options in be- ply unimaginable that Administrator John- about the California waiver, and other meet- tween but that certainly is a matter of son cannot recall getting a response from the ings to talk about a range of issues relating record. White House suggesting that he reverse his Senator WHITEHOUSE: Do you recall any of particularly to climate policy, including the plan to grant a partial waiver: the specific options in between? response to the Supreme Court and the Cali- Senator WHITEHOUSE: In the Clean Air Act Administrator JOHNSON: As I said, the op- waiver, after the White House was notified of fornia waiver. tions ranged from approval to denial and in- Senator WHITEHOUSE: And were there the proposed decision that you put together, cluded other options in between. I don’t re- meetings specific to the California waiver, did the White House respond to that notice call how they were entitled or the specifics. that you would not characterize as routine that you intended to partially grant the Senator WHITEHOUSE: Without their title, that were specifically scheduled for that pur- their fundamental nature, do you recall? waiver? pose? Administrator JOHNSON: Again, there was a Mr. BURNETT: The response was clearly ar- Mr. BURNETT: Well, there were meetings range of options and I don’t recall the spe- ticulating that the President had a policy specifically scheduled for that purpose, as I cifics of the intermediate ones. (2/27/08 hear- preference for a single standard that would said. ing unofficial transcript at p. 63) be inconsistent with granting the waiver. (7/ Senator WHITEHOUSE: Not just dropped in In fact, however, Mr. Burnett’s testimony 22/08 hearing unofficial transcript at p. 32) as an agenda point on a regularly-scheduled makes clear that there was a unanimous Mr. BURNETT: . . . the Administrator cer- meeting? staff recommendation for a partial waiver so tainly knew the President’s policy pref- Mr. BURNETT: Yes, meetings that were spe- fully developed that he agreed to it and took erence for a single standard. (Id.). cific to talk about the California waiver. But it to the White House after extensive brief- Mr. BURNETT: [W]e went forward with our I’m not sure if that means they were routine ing: plan, told the White House about our plan to or not. It certainly was the case that this My advice, my recommendation, as well as have a partial grant of the waiver, and in re- issue of the California waiver received a the advice and recommendation of all other sponse, we were reminded of the President’s great deal of attention from a number of peo- advisors within EPA that I am aware of was policy preference. (Id.) ple throughout the Administration. (7/22/08 for Administrator Johnson to grant the Mr. BURNETT: I believe that we continued hearing unofficial transcript at p. 31.) waiver or at least grant the first few years of throughout the early December to explain Mr. Burnett also testified that the waiver the waiver. (7/22/08 hearing unofficial tran- the case for a partial grant. I believe that it decision was a very important matter to script at p. 21) was early December when the Administrator EPA and the Administration: The Administrator had a plan to partially made his plan known. Of course, that plan It certainly was the case that this issue of grant the waiver, provided that the Clean ultimately was not followed. the California waiver received a great deal of Air Act was not enacted [sic] by Congress. Senator WHITEHOUSE: And in between that, attention from a number of people through- (Id. at p. 42) the White House response came back that out the Administration. (Id.) There was an effort that we were engaged the President desired there to be the single This issue is one of the most important in and that I was engaged in to make the standard? issues that was facing EPA. It received very case that it would be appropriate to issue at Mr. BURNETT: Yes. (Id. at p. 38) high level attention, many meetings with least a partial grant of the waiver. (Id. at p. It is unimaginable that the head of a major the Administrator and many meetings with 31) government agency could take a plan on a senior officials at the White House (Id. at p. I believe that we continued throughout vital public issue to the White House, fully 43) early December to explain the case for a par- vetted and briefed, to make the case for the Thus, the meetings clearly were more than tial grant. I believe that it was early Decem- plan, come back to the agency with a com- ‘‘routine,’’ both in terms of their timing ber when the Administrator made his plan pletely different plan as a result of the White (Webster’s II New Riverside University Dic- known. Of course, that plan ultimately was House meeting, and then not remember that tionary, at p. 1022—‘‘A set of customary and not followed. (Id. at p. 38) this event had taken place. It can only be a often mechanically performed procedures;’’ We went forward with our plan, told the lie. ‘‘prescribed and detailed course of action to White House about our plan to have a partial Administrator Johnson claimed that his be followed regularly’’ and substance (‘‘not grant of the waiver, and in response, we were decision to deny the waiver was based on cri- special,’’ ‘‘ordinary’’). reminded of the President’s policy pref- terion two of the waiver test under the Clean Moreover, Administrator Johnson’s testi- erence. (Id. at p. 32) Air Act: that is, whether California dem- mony that the meetings were merely to pro- It is simply unimaginable that Adminis- onstrated compelling and extraordinary con- vide the White House with status updates trator Johnson could forget that a partial ditions in support of its request: was also directly contradicted by Mr. Bur- waiver plan had been recommended to and I came to the conclusion that of the cri- nett, who testified that at least some meet- developed for him, that it had been adopted teria that I am required to evaluate, it was ings were held at the White House to present as the Agency plan on this critical matter, the second criteria, that the State does not the Administration with EPA’s plan to grant and that he had presented it to the White have compelling, extraordinary conditions. a partial waiver. House. So that is the basis of my decision. (1/24/08 We went forward with our plan, told the Administrator Johnson said there was no hearing unofficial transcript, p. 22) White House about our plan to have partial White House reaction to his update, or that I made my decision for the California waiv- grant of the waiver, and in response, we were he could not recall any White House response er under Section 209 of the Clean Air Act. reminded of the President’s policy pref- or reaction: And I found that California does not meet erence. (Id. at p. 32) Senator BOXER: Did you discuss the Cali- the compelling and extraordinary condi- Senator WHITEHOUSE: Would it be accurate fornia waiver with someone from the Presi- tions. (Id. at p. 55) to say that in those meetings Administrator dent’s office, the Vice President’s office, In fact, as noted above, Mr. Burnett’s testi- Johnson’s contribution was limited to an up- OMB? mony makes clear that Administrator John- date on the status of the waiver action? Administrator JOHNSON: I routinely have son was prepared to grant a partial waiver, Mr. BURNETT: There was an effort that we conversations with members of the White based on the compelling and extraordinary were engaged in and that I was engaged in to House. factor and other factors having been met:

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.031 S29JYPT1 erowe on PRODPC61 with SENATE S7610 CONGRESSIONAL RECORD — SENATE July 29, 2008 As part of the plan to grant a partial waiv- Schwarzenegger [announcing denial of the taxes back into this country if we had er, certainly it was the case that all three waiver] that the bases of my decision were that sort of economic revenue taking criteria in the Clean Air Act would be met, on the three criteria under Section 209 [of place. Imports of petroleum and petro- including the criteria that California has the Clean Air Act] and compelling and ex- compelling and extraordinary cir- traordinary was the issue that the criteria, leum products in the billions of dollars, cumstances. (7/22/08 hearing unofficial tran- that was not met. I pointed out in the letter and you can see the increase in the script at p. 19) that that certainly isn’t a context of what is price of oil, what this is doing. It is We did our best to ensure that all policy the policy of both what is happening as a Na- skyrocketing from, again, 2004 on for- officials involved in this decision were ap- tion, and that is the policy, again my words, ward. If that activity were taking place prised and informed of the law and EPA’s as- policy context. But that was not the decision here, those dollars would be back here. sessment that all three criteria were, that criteria. The decision criteria are very clear Instead of building enormous buildings the, clearly, the most supportable case under in Section 209 on whether or not—— the law is that all three criteria had been Senator KLOBUCHAR: That is fine. When I or new islands or incredible facilities met. (Id. at p. 43) come back, I will talk about it. But you have in Dubai, we could be building them Indeed, it was only after President Bush’s said before that this could create a confusing here. ‘‘policy preference’’ was explained to Admin- patchwork of State rules. That is why we need to produce more istrator Johnson at a White House meeting Administrator JOHNSON: And again, that is in the United States, and we can that he decided to deny the waiver. The ra- not one of the criteria for the decision. (1/24/ produce more in the United States in- tionale that California did not meet was evi- 08 hearing unofficial transcript at p. 36) stead of getting it from overseas. dently an after-the-fact embellishment de- The PRESIDING OFFICER. The Sen- It is my hope that later this week, we signed to cover up the initial plan to grant ator from Kansas is recognized. the waiver, the White House meeting at are going to start voting on some of which President’s Bush’s ‘‘policy preference’’ ENERGY these resolutions, some of these bills to was explained, and Administrator Johnson’s Mr. BROWNBACK. Mr. President, I produce more in the United States. We reversal of course, and to create a post hoc wish to spend a little time talking cannot continue to consume 25 percent legal explanation for the decision. about the energy topic which has con- of the world’s oil while producing only The following summary of Administrator sumed this body and rightfully so. It 3 percent of it. The world is not going Johnson’s testimony by Chairman Boxer was has certainly consumed the people’s to let that continue to take place. admitted by Johnson to be accurate ‘‘to the best of [his] recollection.’’ checkbooks and pocketbooks. I will If you set all that aside and say: Senator BOXER: So just to wrap this up, then submit a course of action and sug- Well, I don’t care, as long as it con- and then I will turn to Senator Inhofe. So gestions, one of which is a bill that was tinues to take place—if you set all that just to wrap this up, no one ever contacted recently introduced by a tripartisan aside, what is taking place now in the you. You contacted them, meaning the coalition—Senator SALAZAR, Senator Middle East, of Iran developing nuclear White House, the Vice President’s office, the LIEBERMAN, and myself—requiring that capacity and the threat of that to the OMB, the DOT. You contacted them just to a third of the fleet of vehicles the region, to a number of countries in give them an update on this issue, but no one ever contacted you and you don’t recall any- United States produces sold here by that region, particularly Israel—and if body in the White House giving you their 2012 be able to operate on flex fuel; that there is a response to that, what hap- opinion on the waiver. is, a car or a pickup—whatever it is pens then to oil prices and the avail- Administrator JOHNSON: I don’t recall any- that is being sold—can operate on ei- ability of oil to the United States if one contacting me. I do recall making con- ther ethanol, methanol or gasoline or that escalates further? It may get an tacts to others because as I said, I have rou- any combination thereto, to remove escalation that happens out of our con- tine conversations with—— our addiction to foreign oil. I also wish trol. Then what happens to the oil sup- Senator BOXER: You keep repeating this. I am just trying to see, and tell me if I am to talk about the need to produce more ply and the price if we continue to be saying this in a fair way and a just way. energy here at home. dependent on this much of a dollar Mr. JOHNSON: Okay. I have a couple charts. This one is amount for foreign sources of oil? What Senator BOXER: All right. Nobody ever con- one people instinctively know about, would the Venezuelans do? What would tacted you from the White House, the Vice but I think it is pretty dramatic when Chavez do if the Iranians are attacked? President’s office, the OMB, or the DOT? You you look at it. Our consumption is Do you think they are going to send oil contacted them just to update them and you going up. It has been a bit more level don’t recall anything they said to you about to the United States? What would hap- the waiver? lately. Production. Look at what we pen in Russia, where Russia has been Mr. JOHNSON: To the best of my recollec- have done with production since the moving to work more with the Ira- tion, again, I have a lot of conversations mid-1980s. It has gone down while our nians? I think we are looking at a sce- with members of the White House, a lot of imports have made up the difference. nario, from a security perspective and conversations. I said I do recall me making We had this huge crossover in 1994. We from an economic perspective, that is contact because—— are actually importing what we should wholly untenable for us in the United Senator BOXER: I just said that. So did I say it in a fair way? I will repeat it the last be producing. We have to change this States and one we have to deal with time and then I will stop, because I would chart. now. like a yes or no. Is this a fair analysis of Boone Pickens was in town last The way to deal with it is to produce what you have told us? That no one ever con- week—one of the famous oilmen in the more in the United States and to allow tacted you to give an opinion on the waiver, United States—and he was saying we drilling to take place here. We must or to tell you to slow it up or anything; no are on track to be importing $700 bil- explore new areas. The Department of one from the President’s, Vice President’s, lion worth of oil on an annualized Energy, Energy Information Agency OMB; no one from the DOT. But you did con- basis. If you think about that and the reports that 75 billion barrels of oil are tact them just to fill them in on what was transfer of wealth that is taking happening, and the waiver was one of the off-limits today in the United States. issues, but you don’t recall anything that place—that $700 billion comes from The President has recently lifted the they said. You just briefed them, but they someplace, and it comes from people’s Executive ban on the Outer Conti- never made any opinion. Yes or no? pocketbooks. Then, instead of going nental Shelf, and unless Congress lifts Mr. JOHNSON: If you would add ‘‘to the best into the U.S. economy, it is going over- its congressional ban, we will not have of my recollection,’’ then I would say ‘‘yes.’’ seas and on to places that often don’t access to 16 billion barrels of crude oil. (7/26/07 hearing unofficial transcript at p. 17). agree with us, whether it is into Ven- Lifting this congressional ban on off- Again, in light of the Burnett testimony, Administrator Johnson’s failure to recollect ezuela or other regions of the world. shore drilling would surely send the the Administration’s reaction to his proposal Plus, think about the sheer economic right signals to the marketplace and is simply incredible. activity. If you take $700 billion worth many believe it would help lower prices Finally, it is worth noting President of economic activity out of here and in the near term. It would show the Bush’s ‘‘policy preference’’ for a single are not generating further economic world we are willing to explore for new standard does not bear in any way on the ex- activity someplace else and are putting energy. We should also explore in Alas- istence vel non of compelling and extraor- it someplace else, it degrades our tax ka for oil shale in the Western United dinary conditions, and is known by Adminis- coffers. Yet that $700 billion of eco- trator Johnson not to be one of the statutory States. criteria for decision: nomic activity here, if there were just I wish to show quickly one other Administrator JOHNSON: . . . I tried to a 20-percent tax rate associated with it, piece of information on biofuels, and make it clear in the letter to Governor we are looking at $140 billion worth of that is a chart and a statement that

VerDate Aug 31 2005 05:27 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.033 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7611 was recently put forward by Merrill currently off limits from drilling. It ture? In this case, businesses, workers, Lynch. Biofuels has been in a tough de- has the potential of 500 billion—or consumers, and homeowners all have bate recently as there are a number of more—barrels in production. This is in an opportunity to be part of a brighter people accusing it of different things. Wyoming, Utah, and Colorado. Clearly, energy future. Truckers would get an One thing I wish to put on the table for this is another area we need to open for exemption from the highway excise tax sure is that biofuels has expanded our development. so they could install fuel-saving anti- energy sources and expanded it away My point is that we are not helpless idling equipment. Consumers would get from the Middle East and it has ex- and we can do more. We have to do it a new tax credit when they buy the panded it away from foreign imports. now. Time is of the essence. It is drain- plug-in hybrids. There would be a tax That is something that has taken ing people’s pocketbooks, and it is put- break for the bicycle commuters. For place. A recent study from Merrill ting us in an unnecessary security risk. the first time, wave, tidal energy, and Lynch found that because of the I am hopeful that the leader is going small wind turbines would be eligible world’s use of biofuels, gasoline is $21 to allow us to put forward amend- for renewable energy tax credits. The per barrel less expensive than without ments. I hope we can put forward our bill also extends production tax credits these biofuels—$21 a barrel it took off flex fuel amendment. I hope we can put for biodiesel. Consumers and businesses oil prices. That is 50 cents less per gal- forward drilling amendments so that would be encouraged to live on less en- lon. We must continue to research and we can get production up in the United ergy but in a fashion that does not innovate in the world of cellulosic eth- States. That is something we need to compromise our economy or our qual- anol and biodiesel, soy, possibly from do. ity of life. There would be tax credits algae. I yield the floor. for energy-efficient homes, commercial What we have put forward in an The PRESIDING OFFICER. The Sen- buildings, energy-efficient appliances, amendment on this bill, if we are able ator from Oregon is recognized. and also recycling equipment. to get to the Energy bill, is a require- Mr. WYDEN. Mr. President, I ask It is my view that the tax provisions ment that half the new cars built and unanimous consent to speak as in of this legislation make sense for tax- that are imported to the United States morning business on S. 3335, the tax ex- payers and they make sense for the en- by 2012 be flex-fuel vehicles that can tender package, for up to 15 minutes. vironment and our businesses, and in use ethanol, methanol or gasoline or The PRESIDING OFFICER. Without that sense, we have an opportunity to any combination of those three. The objection, it is so ordered. act for America’s future. I hope this big three auto manufacturers have said TAX EXTENDERS legislation will pass. I would like to touch quickly on sev- they can meet this goal to allow con- Mr. WYDEN. Mr. President, folks eral other parts of the legislation that sumers to choose between gasoline, across our country feel as if they are drowning as wave after wave of bad I think are particularly important, and ethanol, methanol or, in some cases, especially the county payments legis- biodiesel. economic news hits them. I urge my colleagues to vote for this lation. So imagine you are pulling up to the If you live in a big city in this coun- important legislation because at times pump and ethanol this day is selling try, you may not know a whole lot like this, when so many people feel for $1 a gallon less than gasoline is. about this legislation, but the county they are close to going under, they Perhaps methanol is selling for $1.50 a payments program keeps rural commu- look to their Government to toss them gallon less than gasoline, and you are nities throughout the country—par- a life preserver, not burden them with saying I am going to put in ethanol ticularly in my home State—alive. The a 2-ton cement block of bills to pay and today. It is selling for cheaper. Those legislation includes more than $3.7 bil- then wish them luck. Congress has will continue to drive down the price of lion in funds that are desperately need- shown a willingness to shore up Wall gasoline and will have a security ben- ed for rural schools, counties, and com- efit in that. If something happens in Street. This legislation gives us an op- munities. Without the safety net fund- the Middle East or a part of the world portunity to shore up the folks who are ing included in the bill, rural commu- that is out of our control and oil sup- on Main Street. nities across the country will face a fu- People across our country want to plies dry up, we won’t be left high and ture without schools and without vital see the Senate address the issues that dry; we will have other sources of fuel services such as law enforcement and are most important to them, and at the to be able to move forward with. That essential road repair. Pink slips have top of that list is energy. Obviously, is why so many security people are in- already been sent out to teachers and our country is now at a crossroads. The terested in this flex-fuel concept and a county workers, and unless the Con- country can continue to keep going on flex-fuel vehicle. gress acts quickly, these devastating the road we are on, living on high- I filed this legislation as amendment losses to the very fabric of rural com- priced fuel and spewing carbon dioxide No. 5249 to the speculation bill that is munities would become permanent. currently on the floor. I ask unanimous into the air from fossil fuels that choke There are counties in my home State consent that Senator SALAZAR be added the planet, or we can take a different that now literally face dissolution. as a cosponsor to that amendment. road. With this legislation, we can Folks who live there don’t know what The PRESIDING OFFICER. Without start down that route. to expect, but they are bracing for the objection, it is so ordered. This legislation put the country on a worst. I am just not going to let that Mr. BROWNBACK. Mr. President, path toward real energy independence. happen. many economists believe energy effi- It would reduce our reliance on fossil This energy tax package contains the ciency and conservation are absolutely fuels, and it would extend tax credits last best hope to help these counties, critical to our efforts to reduce our re- for renewable energy technologies— and the Senate should not turn its liance on foreign oil. I agree. solar, geothermal, wind, back on rural America now. We have passed major energy legisla- hydroelectricity, geothermal heat Specifically, the package contains a tion in the past to promote research pumps, and fuel cells. These new en- 4-year extension of the Secure Rural and development in the area of hybrid ergy choices will help stem the dev- Schools Program that I authored in automobile research, including bat- astating effects of global warming. 2000 and 5 years of full funding for the teries. We will be holding a hearing to- On the other hand, the failure to ex- Payments in Lieu of Taxes Program. morrow in the Joint Economic Com- tend existing renewable energy credits This proposal closely mirrors the leg- mittee on this issue. Clearly, we need sends the wrong signals to renewable islative proposal I put together last to conserve more. We have two hybrid energy companies and investors. It will year with Senators BAUCUS, BINGAMAN, vehicles in my family, and it has literally cut off the pipeline of prom- and Majority Leader REID—a proposal worked well. We need to move that ising renewable energy projects at a that overwhelmingly passed with bi- technology forward. But it doesn’t time when many of these technologies partisan support by a vote of 74 to 23. change the fundamentals that we have are just getting off the ground. Senator CRAIG and Senator DOMENICI to produce more here as well. How often is it possible to point to also helped with critical efforts to I want to show a final chart of the oil legislation and say that this bill will move the legislation forward and to shale area in the United States. It is actually lead to a more promising fu- give it strong, bipartisan support.

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.069 S29JYPT1 erowe on PRODPC61 with SENATE S7612 CONGRESSIONAL RECORD — SENATE July 29, 2008 When folks in rural America are los- sential program for rural communities again tomorrow morning is whether we ing their jobs, their homes, and the that, in effect, built on something that are going to stay focused on the issue chance to educate their kids, the Fed- started a century ago, we will see some that is of the most importance to the eral Government should not break its of those rural communities dissolve be- American public, and that is doing promise to rural communities. When fore our eyes. I cannot allow that to something about this incredible energy Federal forests were created in Oregon happen on my watch. crisis in our country causing us to not and around the country, rural commu- Finally, a quick comment on one just pay higher prices at the pump but nities were promised they would get a other section of the legislation. I see also higher prices for almost every- share of the revenue from those forests. that my friend from Arizona is here, thing else because of the high cost of This revenue sharing was intended to and I want him to know that I will transportation to transport goods make up for the loss of Federal forest wrap up very briefly. across this country. Our airlines are land from the local tax base. As the Mr. President, with respect to the hurting, shipping, trucking, all fami- benefits from forest management tax extenders provisions of this legisla- lies, and we have seen inflation rise in changes with the times, Congress can’t tion, I can only say that businesses are this country, among other things, and walk away from its responsibility to calling for this. Typical taxpayers are probably primarily because of the fact provide funding to the counties for calling for it. Teachers are saying they that we are not producing enough en- their contribution in creating the Na- need it. Once again, we have to look at ergy—enough American energy. the consequences of not passing an im- tion’s forests. Since that original ef- Republicans believe we need to stay portant domestic initiative. This bill fort, it has been clear that local com- focused on this issue until we deal with includes help for folks who are hurting munities needed some measure of sup- it, and we can deal with it. We can deal right now. It includes help with relief port. with it before this body leaves for the By providing funds through 2011, this to people in the Midwest who are still so-called August recess. I know this: It bill gets our rural counties off the fis- hurting from this year’s floods. It helps is not recess when we go home and cal roller coaster they have been on, businesses by renewing the business re- start visiting with our constituents particularly during these difficult eco- search and development tax credit. and every one of them is going to ask This is very important because our nomic times. It gives them stable fund- us: What did you do to drive down the fast-growing technology companies say ing so they can concentrate on the real price of gasoline? What did you do to it is critical for their plans to grow and work of planning for the future. Na- deal with this energy crisis? hire new staff. High-tech companies are tionally, this would mean $3.7 billion, Earlier today, I quoted from the New some of the best employers in my home and in my home State of Oregon, it York Times in an editorial yesterday State and around the country, and they would mean hundreds of millions of in which the editors of the Times noted offer family-wage jobs that Americans dollars for schools, public safety, roads, that the problem in the United States can depend on. is not one of speculation, which is the and other essential county services. Both parties agree that the research In the midst of an energy crisis, our subject of the bill the Democratic ma- and development credit should be ex- schools face big challenges. An Energy jority has brought forward, but it is a tended and that it will be—some day. Department study reported that problem of supply and demand. What That is what they say, Mr. President— they say is all speculators or investors schools spend about $8 billion on en- some day. That doesn’t do much good ergy each year, second only to spend- do is take a look into the future and for struggling manufacturers now. ask a question: Five years from now or ing on books and computers. The same They have to plan their investments in study estimated that 61 percent of pub- 5 months from now, where is demand order to be able to grow. They say that going to be compared to supply in the lic school districts had insufficient en- R&D credits are critical to doing that. world? Right now, everybody can see ergy budgets. As a result, the schools— By holding it up, the Congress is push- that the demand is going to far exceed especially our rural schools—are forced ing our companies to outsource the im- the available supply of energy. As a re- to make difficult decisions about portant work. Clearly, no Member of sult, of course, that puts pressure on whether they can fully afford to heat the Senate could want that to happen, prices which continue to go up. or cool their buildings or whether they but without these credits, we are not The fact that the President an- are going to have to cut some essential having the proper incentive to keep nounced he would remove the morato- service, such as the school bus service jobs in the United States. I want to see rium on certain offshore production in rural areas. Reauthorizing the coun- high-skill, high-wage jobs here in our has had a salutary effect in helping to ty payments program would keep the communities. We are the world leaders reduce prices a little bit because those lights on in the classrooms and make in research and development, and it is futures markets decided that maybe we sure our youngsters have the basics moments like this that will either keep were serious about doing something they need in order to be able to learn. us in that position or will start us about energy production in the future. The Secure Rural Schools and Com- heading down the path of becoming fol- That is the test. That is the commit- munity Self Determination Act of 2000 lowers. ment. That is what the Senate has has worked. It has built collaboration I want to finally express my appre- been focused on this last week and is between counties, forest product firms, ciation to the chairman of the Finance going to be focusing on again tomor- and environmentalists in communities Committee, Senator BAUCUS, for his row. in over 700 counties in 41 States across fine work on this legislation. I particu- My colleagues are talking about leg- the Nation. A key part of that collabo- larly appreciate the many times in islation that the Senate needs to pass ration has included funding projects to which he has assisted me with the Se- and, indeed, the last bit of legislation restore the national forests, and those cure Rural Schools Program. A host of the Senator from Oregon was talking would include providing renewable other colleagues: Leader REID, Chair- about is a subject which we will deal woody biomass that is part of the re- man BINGAMAN, Senator SMITH, Sen- with. Everybody agrees we need to deal newable energy solution this legisla- ator DOMENICI, among others. I also ex- with it. My guess is the bill will pass, tion would provide. press my appreciation to Senator TEST- if not unanimously, close to unani- Finally, on this point, these funds ER, our new Senator from the State of mously, if and when we can get a bipar- are a critical lifeline to rural areas. I Montana, who has been a champion of tisan so-called tax extenders bill to the point out that rural schools and coun- rural schools and this program as well floor of the Senate. But Republicans ties would not be the only ones who for all of his assistance. are not going to leave what we are suffer if this bill isn’t passed. But I I urge the support of the critical Bau- doing now to take that up and who want to highlight the county payments cus legislation. knows what else. legislation tonight particularly. Mr. President, I yield the floor. As a matter of fact, one of the issues I am going to be going home this The PRESIDING OFFICER. The Sen- I wanted to speak about briefly is an- weekend for townhall meetings in the ator from Arizona. other bill they want to go to. It is rural part of my State. I will hear ENERGY called the media shield legislation. again and again this weekend how, Mr. KYL. Mr. President, the question Tomorrow morning, we are going to without this program, without the es- the Senate is facing this evening and have two votes. The first one will see

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.071 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7613 whether we will forget the energy cri- the Rocky Mountain West, and in other retary of Defense, Secretary Gates, sis, leave the Energy bill, and take up places. wrote at the end of March this year the media shield legislation. I daresay We have suggested a balanced ap- that ‘‘the Department of Defense is we will do the same thing with that proach. We need to use less. We need to concerned that this bill will undermine that we have done with the other bills reduce our consumption. We need to our ability to protect national security we have considered in the last couple of rely on so-called renewable fuels. We information and intelligence sources days, and that is, we will say no, we are obviously need to do more with nuclear and methods, and could seriously im- going to finish energy first. Then we energy. But almost everybody agrees pede investigations of unauthorized will have this next tax extenders bill. that the starting place is more drilling disclosures.’’ That will be the fourth time that bill to produce more American oil for the The problem I just identified. Be- will be before us. Once again, we will American economy. That is what we cause of that, of course, President Bush say: Let’s finish energy first and then want to get some votes on before we is expected to veto the bill. turn to other legislation. we will take it up. Very recently—I think yesterday— I hope as we speak that Senators Let me briefly comment about the first vote we are going to have tomor- the Director of National Intelligence, BAUCUS and GRASSLEY, the chairman Mike McConnell, published in USA and ranking member, respectively, of row because this is new. We have al- ready dealt with the so-called tax ex- Today an op-ed in which he described the Finance Committee on which I sit some of the problems he has with the are talking to each other about the tender program three times now. To- morrow morning will be the fourth bill, one of many commentaries. Here way to put this bipartisan tax extend- is what he said: ers bill together so we can bring it to time. We are not going to have any dif- I have joined the attorney general, the the floor and complete action on it be- ferent result than we have had in the past. So I suggest we get on with the Secretaries of Defense, Energy, Homeland fore the August recess. That is possible Security, and Treasury, and every senior in- to do. The two of them work very well bipartisan negotiations to complete our work on that legislation so we can telligence community leader in expressing together. I think they are very close to the belief, based on decades of experience, reaching an agreement on what this get it passed. that this bill will gravely damage our ability program would look like, and if they MEDIA SHIELD to protect national security information. can reach such an agreement, it will be Something we haven’t taken up yet Unauthorized disclosure of classified infor- possible for us, once we have concluded is this so-called media shield bill. I am mation disrupts our efforts to track terror- ists, jeopardizes the lives of intelligence and work on energy, to then bring up that not going to go through all the argu- ments about it, but simply to point out military personnel and inhibits inter- bill and get it passed before we go national cooperation critical to detecting home. But we are not going to decide the history of it and describe what it does and why it is so problematic. and preventing threats. we have talked about energy long This basically says that reporters It is not just our intelligence commu- enough, even though we haven’t done don’t have to disclose their sources if nity and Government sources. Last anything about it, and it is time to they don’t want to. You can imagine a week, the U.S. Chamber of Commerce move on to other priorities. Our pri- lot of bad things will happen as a result and the National Association of Manu- ority is energy. Our priority is getting of that. People break the law for dis- facturers circulated a letter expressing gas prices down. closing very highly classified informa- ‘‘deep reservations with the way the It is not just a matter of filling up at tion. The reporter says: I am not going current version of the media shield the gas pump. Last week, I filled up to tell you, Mr. FBI Agent, who did bill, S. 2035, applies to the private sec- and it was $70 and the tank still had a that. Yes, I know who did it—it is tor. As drafted, it would have signifi- third in it when I filled the tank. That against the law—but I am not going to cantly adverse ramifications on the is hard to take. That is not the bottom tell you. And this bill would provide ability of Americans to legitimately line. The bottom line is what it does to the protection for that. protect personal and proprietary infor- our economy and national security. It The first problem is it doesn’t even mation and we must oppose the bill in used to be we produced most of the en- define media in a way with which ev- its current form.’’ ergy we use. Now we import most of eryone can agree. We don’t know the energy we use and, unfortunately, It is interesting, despite all of these whether a blogger, who is trying to put issues that have been raised by a vari- we are getting it from places that can material out on the blogs, is in the create real problems for us. ety of private groups and all of the na- media, whether a reporter for some tional defense and intelligence commu- If you talk about Iran, for example, kind of terrorist newsletter is a mem- all Iran has to do to make more money nity of our Government, there has not ber of the media or what. They have been a single hearing during the 110th on the oil it produces is drive some of tried and tried to get a good definition. its speedboats around the Strait of Congress on this legislation, let alone a It is very difficult to do. hearing on the general need for the Hormuz and threaten the shipping When the bill was in the Judiciary there. About 40 percent of the oil goes media shield legislation. It is obviously Committee, on which I sit, it was not a not ready for prime time. through the Strait of Hormuz, and that perfect bill. Back then people said: Yes, Let me mention one problem—and I unsettles the market to the extent it we need to pass this; we need to not will speak more on this tomorrow—to drives up the prices. They have it with- change a comma in it. I think there in their power to make more money were 10 or 12 amendments adopted that illustrate some of the other problems just by creating problems for us. day. Clearly, it needed work. Most of the bill has, one illustration of what Why don’t we rely more on the en- those amendments had strong bipar- additional work needs to be done. This ergy resources we have right here in tisan, if not unanimous, support, and is one that could easily be resolved, the United States of America? We are we agreed at the end of the process and I don’t understand why the spon- the third largest producer of oil and that it needed more work. Since then, sors of the legislation would not be gas in the world. We could be producing there have been a lot of meetings held willing to deal with it. a lot more American energy for Amer- to try to refine the bill. The bill fails to provide an exception ican needs and not have to rely on I take my hat off to Senator ARLEN to the privilege for information nec- these other countries which, as I say, SPECTER who has tried very hard to essary to investigate a terrorist at- can create huge headaches for the en- find a way to resolve some of the prob- tack. Let me repeat that. You could tire world and drive up the price of en- lems that have been raised. At the end not investigate a terrorist attack ergy. of the day, the Attorney General of the under the exclusion that is provided in We can produce more. What Repub- United States, Attorney General the bill. The committee-reported bill licans are saying is, let’s open some of Mukasey, the intelligence community, would only provide an exception in sec- the areas that have been closed by law and the White House have all raised tion 5 for ‘‘protected information that to more production, starting with off- very serious doubts and problems about a Federal court has found . . . would shore in the deep waters of the gulf, off the bill. assist in preventing an act of ter- our coasts. We also have energy that is Let me refer to some of the things rorism,’’ or ‘‘other significant and tied up in Alaska, in the oil shale in that have been said about it. The Sec- articulable harm to national security.’’

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Even now, a week We worked hard to develop a could be fixed, and I don’t understand later, only a few ships can get through thoughtful and balanced piece of legis- why the authors of the bill wouldn’t be on this 100-mile stretch of the lower lation that would help prevent more of willing to fix it. Mississippi. these tragic spills from happening Under the form in which it would be As the picture shows from the night again. Almost exactly 1 year ago, after brought forward, obviously the major- of the accident, the mighty Mississippi months of bipartisan negotiations, the ity leader would fill the parliamentary was covered with this eerie sheen right Commerce Committee unanimously re- tree, there would be no opportunity for in the downtown area of New Orleans. ported the 2007 Coast Guard authoriza- amendments, and we would be stuck on Now, a week later, some of the heavy tion bill, which contains many of these a take-it-or-leave-it basis with a piece fuel oil has turned into tar balls, oil prevention provisions. I would like of legislation that is highly flawed, to- bouncing and sticking and contami- to thank Ranking Member STEVENS for tally criticized by the intelligence nating this waterway. The spill has his thoughtful improvements and his community and many in the private slowed down New Orleans’ normally strong support of these vital provi- sector, as well. thriving waterfront, and the economic sions, which would update the Oil Pol- The point, of course, is that the impact is already being felt. To put lution Act of 1990. Democratic leader is simply throwing this tragedy into perspective, the eco- Even though we have this bipartisan legislation out on the floor with the nomic loss from a total shutdown of bill before us that has come out of the hope that somehow or another we will the port would cost our Nation’s econ- Commerce Committee, and even be able to divert attention from the omy around $270 million a day. though it is critical to our national se- subject of energy, the bill we are cur- While the Coast Guard has begun to curity and emergency preparedness, it rently on. We should neither vote for allow limited essential vessel traffic is still being subjected to the same cloture for the media shield bill nor the back into this area, at one time point kind of obstructionism from a handful tax extenders bill nor any other piece over 800 tugs and barges were impacted of Senators who don’t want to move of legislation, as I said, until we com- by the spill, and many ships are still forward on the legislation, a situation plete our work on energy. We could do waiting to return to this vital trans- we are becoming all too familiar with that in a matter of 2 or 3 days. We can portation corridor that needs to be re- on the Senate floor. In this case, the clearly do it before we leave here in opened. We are only now beginning to bill is being held hostage by one or two August. But under no circumstances understand fully the economic and en- Senators who seem interested in stop- should we leave the important Energy vironmental impacts this spill has ping its progress. They do not seem to bill to go off onto a piece of legislation caused. care that it has the support of the Bush such as this media shield bill. Unfortunately, as many of my col- administration’s Department of Home- I hope when we have the cloture vote leagues know, these sorts of spills are land Security, which stated it ‘‘strong- tomorrow, my colleagues will join me becoming all too frequent. Last No- ly supports’’ this legislation. in voting no on cloture on this legisla- vember, the Cosco Busan cargo ship Mr. President, I ask unanimous con- tion so we can deal with the No. 1 pri- spilled 54,000 gallons of highly toxic sent to have printed in the RECORD the ority of the American people, and that bunker fuel into San Francisco Bay, Department of Homeland Security let- is our energy crisis in America. costing well over $50 million in cleanup ter to the chairman, DANIEL INOUYE, The PRESIDING OFFICER. The Sen- costs. and the vice chair, TED STEVENS, from ator from Washington. Hurricane Katrina and Rita caused Donald Kent, Assistant Secretary, Of- Ms. CANTWELL. Mr. President, I spills totaling nearly 8 million gallons, fice of Legislative Affairs. rise to speak on an important issue re- released throughout the Gulf of Mexico There being no objection, the mate- lated to my responsibilities as chair of region. rial was ordered to be printed in the the Coast Guard and Fisheries Sub- In December of 2004, the Selendang RECORD, as follows: committee in the Commerce Com- Ayu broke apart, pouring 350,000 gal- DEPARTMENT OF HOMELAND SECURITY, mittee. I see some of my colleagues on lons of oil into the waters off the Aleu- Washington, DC, May 19, 2008. the floor. I ask unanimous consent tian Islands, killing countless sea birds Hon. DANIEL INOUYE, Chairman, Committee on Commerce, Science, that following my remarks, Senator and marine mammals and sea otters. and Transportation, U.S. Senate, Wash- DORGAN be recognized for 10 minutes, In 2004, in my home State, the oil ington, DC. Senator MURRAY for 10 minutes, and tanker, Polar Texas, spilled 1,000 gal- Hon. TED STEVENS, Senator SALAZAR for 10 minutes. Know- lons of crude oil into the Puget Sound. Vice Chairman, Committee on Commerce, ing that my colleague, Senator SPEC- This spill in the Dalco Passage cost Science, and Transportation, U.S. Senate, TER, is expected to show, when he millions of dollars to clean up and was Washington, DC. shows up we will fit him in the se- a real wake-up call to many of my DEAR CHAIRMAN INOUYE AND VICE CHAIRMAN STEVENS: This letter sets forth the Depart- quence back and forth, depending on Washington constituents. ment of Homeland Security’s views on S. when he shows up. As I know the Presiding Officer, Sen- 1892, the ‘‘Coast Guard Authorization Act for The PRESIDING OFFICER. Without ator LAUTENBERG, is aware, because he Fiscal Year 2008.’’ objection, it is so ordered. has been a great champion over As noted in the Department’s September NEW ORLEANS OIL SPILL strengthening the oil spill prevention 20, 2007, views letter, the Department strong- Ms. CANTWELL. Mr. President, last safety net, the oil tanker, Athos, ly supports S. 1892, as reported by the Com- week over 400,000 gallons of fuel spilled spilled over a quarter-million gallons mittee on Commerce, Science, and Transpor- of crude oil into the Delaware River tation. As the Senate prepares to take up the into the Mississippi River near New Or- measure, the Department urges the Com- leans after a chemical tanker collided and its tributaries in November of 2004. mittee to review anew the Department’s ob- with a fuel barge and literally split the As chair of the Commerce Sub- jections that are set forth in that views let- barge in half. committee with jurisdiction over oil ter and prepare amendments that would ad- This is a picture depicting the Coast spill issues and the Coast Guard, I want dress the concerns of the Department and Guard looking at the two halves of this my colleagues to know the Commerce the Coast Guard. barge that was split in half right in the Committee has been working hard to The Department urges the Committee to heart of New Orleans, causing serious try to give the Coast Guard the tools it seek amendments that would further perfect needs to prevent these spills and to re- two of the three key Administration initia- damage in the area from diesel and die- tives (i.e., sec. 201 (Vice commandant; vice sel fumes, even impacting the French spond quickly and effectively when a admirals) and sec. 916 (Protection and fair Quarter. spill happens. Over the last few years, treatment of seafarers)). Specifically, the Now, the second chart shows the im- the committee has held several hear- Department would strongly support amend- pact of that spill on downtown and the ings and has asked for and received in- ments that, with regard to sec. 201, would

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But The Department also urges the Committee for many days in the middle of the no one should confuse the Chinese peo- to reject any future amendment to the Coast river. ple with their unelected Government. Guard Authorization Act that would pre- Another section of the legislation ad- The differences I have are with the scribe the manner in which the Coast Guard dresses human error. We don’t know Government of China regarding human executes missions, affects or divests the what caused this spill yet, although we rights, the rule of law, and freedom of Service of its adjudicatory functions, pre- know there was not a properly licensed speech, and they are very significant. scribes the qualifications of Coast Guard of- pilot in the tug pulling the barge, and ficers, imposes reporting requirements that The Government of China was award- we do know human error is the cause of ed the Games by the International attribute expenditures to a single mission many spills. In fact, the bill requires area, or prescribes acquisition practices Olympic Committee only after it harmful to the interests of the Government the Coast Guard to take into consider- pledged to respect the Olympic Charter that would otherwise cause the Administra- ation human error causes of spills and and to improve its human rights tion, the Department, or the Coast Guard to how best to address them. record. The charter of the Olympics The Coast Guard would also benefit object strongly to the bill. From the view- states that the goal of the Olympic from the fact that NOAA’s oil spill re- point of the Department and the Coast Games should be to promote ‘‘a peace- Guard, the absence of such language reflects sponse program would get up to an ad- ful society concerned with the preser- positively on the Committee and the institu- ditional $15 million per year from the vation of human dignity.’’ tional role of the Senate. The Department oil spill liability trust fund. This pro- applauds the Committee’s past and future ef- gram is currently on the ground help- The world had high hopes that Chi- forts to ensure that S. 1892 remains free of ing with the oil spill in Louisiana, but na’s leaders would ensure that the such and like language. Olympics took place in an atmosphere Both the Department and the Coast Guard they are limited in their ability be- cause of severe budget constraints. So that advanced freedom and openness appreciate the Committee’s willingness to and reflected genuine progress on work amicably with all parties to pass a bill certainly having this bill passed would that would enhance the organizational effi- have helped in the response in New Or- human rights. But those hopes have ciency and operational effectiveness of the leans. been sadly dashed. Human rights condi- Coast Guard, yet preserve the Commandant’s There are other significant measures tions, unfortunately, have worsened in authorities as Service Chief. The Depart- that will help in improving our Na- China. ment is confident that, during further con- tion’s oil spill prevention safety net. Individuals who have publicly spoken gressional consideration, the Committee, the So I hope my colleagues can help us get out about the Olympics, or who have Department, and the Coast Guard can agree spoken about abuses in China and on language to address the Senate’s objec- this legislation over the goal line be- tives, as well as the Department’s and the cause it is critically important we do Tibet, and have been punished or har- Coast Guard’s concerns. so before we leave for the August re- assed as a result include lawyers, The Department and the Coast Guard deep- cess. bloggers, journalists, community ac- ly appreciate your efforts to resolve those It provides the Coast Guard with the tivists, NGO workers, Tibetans, Mus- issues that preclude the Senate from taking critical resources and authority it lims, Christians, parents of children up and passing the measure. The Department needs in other areas as well—to fight who died in earthquakes. The list goes stands ready to assist you in this endeavor. terrorists, to capture drug runners, and on and on. The Office of Management and Budget ad- to defend our homeland security. So Now, every country that has ever vises that, from the standpoint of the Ad- isn’t it time to help push the Coast ministration’s program, there is no objection hosted an Olympics has had critics, to the presentation of this report to Con- Guard into the 21st century and begin both at home and abroad. China has gress. planning for the challenges of tomor- also had critics of it hosting the I appreciate your interest in the Coast row, rather than continuing to struggle Games. But instead of being tolerant of Guard and the Department of Homeland Se- with the challenges of today? And isn’t dissent, what China has done is hit curity, and I look forward to working with it time we pass this legislation that back hard with a combination punch of you on future homeland security issues. If I might actually help prevent another intimidation and, too often, imprison- may be of further assistance, please contact oil spill from happening again, such as ment. the Office of Legislative Affairs. the one in Louisiana, and to give the Sincerely, I am the cochairman of the Congres- Coast Guard the tools it needs? sional-Executive Commission on China, DONALD H. KENT, Jr. Tomorrow, I will be asking my col- Assistant Secretary, and we maintain the most complete leagues for unanimous consent to pass Office of Legislative Affairs. database of China’s political prisoners this legislation. I hope my colleagues accessible and searchable by the pub- Ms. CANTWELL. Mr. President, I on the other side of the aisle who be- lic. We now have 4,400 records in that also want to make sure people under- lieve in strong tools for the Coast prison database, and I wish to discuss stand the Coast Guard and its com- Guard will talk to their colleagues and three of those prisoners today. I call mandant, Admiral Thad Allen, have ask them to stop blocking this legisla- them Olympic prisoners of conscience. been working hard to see this legisla- tion so we can get on with preventing tion passed. In fact, Admiral Allen has another incident such as this one from The first is Hu Jia. This is a picture made the statement: ‘‘The swift enact- happening again. of Hu Jia. Hu Jia is a courageous activ- ment of these provisions would signifi- I thank the Chair, and I yield the ist jailed last December by the Chinese cantly improve safety, security, and floor. for comments he made at a European stewardship in the maritime domain.’’ The PRESIDING OFFICER (Mr. Parliament hearing. He was invited to But these Senators refuse to meet MENENDEZ). The Senator from North speak at the hearing, were he made with the Coast Guard Commandant Dakota. some statements that were critical of who wants to at least have a chance to BEIJING OLYMPIC GAMES his country hosting the Games. He was explain why he needs this legislation to Mr. DORGAN. Mr. President, a week then detained and his wife and infant pass so the Coast Guard can do the from Friday we will see the start of the daughter were put under house arrest critical job of securing our Nation’s Olympics, held every 4 years, where for several months. In April, Mr. Hu waterways. people from all over this globe come was sentenced to 31⁄2 years in prison for Let me take a moment to describe together and compete on the athletic ‘‘inciting subversion of state power.’’ why this bipartisan legislation is so field. And with the start of the 2008 Since then, his young family continues important. First, it would require the Summer Olympic Games, I wish to talk to be harassed and is still under sur- Coast Guard to have rules in place for for a moment about what is happening veillance. Hu Jia is quite ill in a Chi- how it needs to respond to any kind of today in China. nese prison, where he is being held for wreckage or salvage operation, such as I wish to be clear that I have great simply speaking his mind at a Euro- the wreckage in the Mississippi River respect and admiration for the Chinese pean Parliament hearing.

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.024 S29JYPT1 erowe on PRODPC61 with SENATE S7616 CONGRESSIONAL RECORD — SENATE July 29, 2008 Here is a photograph of Mr. Yang with four Chinese dissidents, including President, will continue to raise these Chunlin. He is a laid-off worker, an un- Rebiya Kadeer, Harry Wu and others. I subjects with the Chinese leaders. employed worker in China. He has been commend the President for that meet- I yield the floor. repeatedly detained for helping farmers ing. I know he has an interest in this The PRESIDING OFFICER. The Sen- trying to seek compensation for lost issue, the issue of liberty and of free- ator from Washington State. land. Last summer, he organized a peti- dom of speech in China. But I hope and TAX EXTENDERS tion titled ‘‘We Want Human Rights, I implore the President not to miss the Mrs. MURRAY. Mr. President, in the Not the Olympics.’’ He was subse- opportunity of while going to the open- last year, Americans here at home quently arrested, and he was charged ing ceremony of the games in China, at have faced an ever increasing number with inciting subversion of state the same time providing the CECC list of challenges—skyrocketing gas prices, power. on political prisoners to the Chinese the mortgage and foreclosure crisis, Let me say that again. The charge leaders. If the President is going to at- record job losses, and devastating nat- was ‘‘inciting subversion of state tend the opening of the Olympics, I be- ural disasters. Families are hurting in power.’’ Now in prison, he has report- lieve there is a responsibility to make this country today and they need relief edly suffered severe beatings, which the trip genuinely count, and not just right now. have caused damage to his eyesight. to celebrate the Olympics. I have come to the floor this evening Finally, I wish to mention Ye The Olympics are a wonderful way because we will soon be voting on legis- Guozhu. This courageous Chinese cit- for people around the world to come to- lation that will help ease the burden izen is pictured in this photo alone, gether. All of us support the Olympics. for many of these families. We know it smiling. In 2003, three generations of I certainly do. But I believe very is not perfect, but the Jobs, Energy, his family have been evicted from their strongly that the 807 people in China Families and Disaster Relief Act of 2008 Beijing home to make way for the now in prison, contained in these will take important steps to create Olympics-related construction. In 2004, records must not be forgotten. I believe jobs and provide disaster relief to he applied for permission to organize a strongly the leaders of the Chinese flood, tornado, and hurricane victims. protest against other alleged forced Government should continually be con- That bill includes critical provisions evictions in Beijing in connection with fronted with the names of these indi- that will help our renewable energy in- preparations for the Olympics. Mr. Ye viduals who are imprisoned merely for dustry continue to thrive and to shore was arrested and sentenced to 4 years their belief and speech. The Olympic up our Highway Trust Fund as well. It in prison for provoking and making charter talks about respect and human also includes provisions that are im- trouble. The charge is ‘‘provoking and dignity. The Chinese Government made portant to my home State of Wash- making trouble.’’ He has reportedly representations to the international ington, including a measure to extend been tortured in prison. Having served community if it was given the privilege the sales tax deduction and help our his sentence, he was finally expected to of hosting the Olympics, it would meet rural schools. be released from prison this week, but the test of that charter. Regrettably, it I come to the floor this evening to his release has now been further de- has not. take a few minutes to urge my col- layed, allegedly due to the concerns Again, I commend President Bush for leagues tomorrow to support this legis- that he might speak to the foreign meeting with the four Chinese dis- lation and help get it into the hands of press during the Olympics. sidents today at the White House. I our taxpayers and our communities The right to speak freely and the think that was an important step. I that so desperately need it. I will begin right to challenge the Government in hope when our President goes to the by explaining how important it is that China, all of these are enshrined in Chi- opening games in China a week from we extend the sales tax deduction. na’s constitution. Yet all are being vio- Friday, he will take this prisoner list In most States, taxpayers can deduct lated in the run up to the Olympic with him—which we will send to him their State income taxes on their Fed- Games. tomorrow at the White House—and eral tax returns. But people who live in Now, here is list of 807 cases of polit- that he will, when he meets with Chi- my home State of Washington histori- ical prisoners developed by the Con- nese leaders show them the names of cally have not had that option. Back in gressional-Executive Commission on the 807 brave and courageous men and 2004 I worked with my colleagues from China, CECC. I have shown the photo- women contained in the list, who be- my home State of Washington, Senator graphs of three Chinese prisoners, pris- lieve in the right of free speech, who CANTWELL and Congressman BAIRD, on oners who have been sentenced to pris- desire freedom for themselves and their a measure that temporarily enables on terms because they had a deter- families, who in most cases are un- taxpayers to take an itemized deduc- mination to speak out. They wanted fairly imprisoned for transgressions tion for State and local sales taxes. the ability to criticize their Govern- that are things we would take for That provision enabled nearly 1 million ment. This list of 807 cases is part of granted in this country where we have people to save an average of $519 to $575 4,500 case records contained in our such great freedom. each and every year. It has helped database. This document is published We will be sending this to the Presi- many of our middle-class families pay by the Congressional-Executive Com- dent in the hope that he will continue for school or cars or other major ex- mission on China. This particular docu- to raise these names with the Chinese penses. ment has 807 cases of political pris- Government. In conclusion, the Con- The Washington State Office of Rev- oners, all the detailed information on gressional-Executive Commission on enue Forecast has told us that the political prisoners known or believed China maintains the most significant sales tax deduction has actually cre- to be detained in prison in China. The publicly accessible database that exists ated thousands of new jobs in our Commission notes that ‘‘there are con- in the world of those who now sit in State. But it was a huge blow to the siderably more cases than these 807 prisons in China for having the courage taxpayers in my home State when that cases. These represent a subset of 4,500 to speak the truth, for having the cour- sales tax deduction expired in Decem- case records contained in the political age to do and say the things we take ber and then our Republican colleagues prisoner database created by our com- for granted every single day in the decided to block a bill that would have mission.’’ United States. extended it for 2 more years. Tomorrow That database, if anyone is inter- My hope is looking at just one of we will have, finally, another chance. ested, is accessible and searchable by these cases, and knowing there are That proposal we will vote on would the public at www.cecc.gov. many more than the 807 in this list, all extend this provision to the end of 2008. I have just described the CECC polit- of us will use the opportunity of the At a time when so many of our fami- ical prisoner database, as well as three Olympcis to say to the Chinese Govern- lies are struggling to get by, at a time of the prisoners contained in this docu- ment: Stop the harassment and deten- when we are looking for innovative ment, for this reason: A week from Fri- tion. Stop imprisoning innocent people. ways to stimulate the economy, it is day, President Bush will be attending Live up to your own Constitution’s vital that we approve that measure to- the opening ceremony of the Olympic protections for the Chinese people. My morrow and establish fairness in our Games. Today, President Bush met hope is our country, including our State tax system and put money back

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.076 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7617 into the pockets of our State tax- The Senate has now tried twice to challenges that face the Nation today, payers. move a bill through the Senate to fix including the huge challenge of energy Another provision in this same bill the highway trust fund for this year, which we know we face. This has been we will be voting on tomorrow is im- for 2009. There is a broad, bipartisan debated for the last several weeks here portant to help communities in my consensus for solution. But, unfortu- on the floor of the Senate. State and others pay for roads and nately, our efforts have been blocked It is my sincere hope we will be able schools and basic services. In Wash- repeatedly by a few Senators. to join in a strong bipartisan vote in ington State and in other big Western This bill we will vote on tomorrow, if support of this legislation, which was States where vast areas of land are it passes, will provide enough money, crafted in the Finance Committee owned by the Federal Government, $8 billion, to get us through this com- under the leadership of Senator BAU- States currently lose millions of dol- ing fiscal year. That means our con- CUS. lars in tax revenue that normally struction projects can continue to go Through his leadership, this legisla- would go to pay for our schools or our forward in every single State and it tion that we will vote on tomorrow local government services. In the past, will help us keep as many as 380,000 morning will create the opportunity the Federal Government shared the good-paying jobs to continue critical for us to demonstrate to the American revenue from timber sales on our Fed- construction and repair projects that people we can, in fact, find solutions to eral lands to help our States make up will make our highways and our some of the major problems that are for that lost revenue. But because tim- bridges safer. That proposal that is in facing us as a nation today. ber sales have been decreasing since that bill will not have any revenue ef- I want to focus, first of all, on the en- the middle of the 1990s, Congress passed fect. It passed the House on July 23 by ergy tax extenders that are included in an act called the Secure Rural Schools an overwhelming majority and it is vi- this legislation. This legislation will Act, to ensure that our rural commu- tally important to all of our commu- help us as we address the energy chal- nities and counties would continue to nities that this Senate do the same lenges of the Nation by making sure get the money they need to pay for thing. what we do is to open the door to one their schools and their roads and pro- I hope our colleagues join with us to- of the cornerstones of alternative fuels vide basic services. That act expired 2 morrow to invoke cloture and move to and energy independence that we need years ago now. While we funded it for a this bill, this tax extenders bill, so we for America. year on the fiscal year 2007 supple- can put this provision in place. It will provide extension of the pro- mental, it has not been extended this That same bill also includes a num- duction tax credit, to the investment year, and that means our rural commu- ber of other provisions that will help tax credit, for an industry and for mar- nities in my home State and across the ease the burden of the faltering econ- kets that need certainty, and that cer- West are now struggling to keep their omy for our taxpayers. It will extend tainty can only be provided by giving school doors open. Some of our coun- the tax credits for wind, biomass, geo- the long-term extensions that are cre- ties, in fact, have already been sending thermal, and other renewable energy ated in this legislation. out pink slips. providers, and help provide stability A ‘‘no’’ vote on this legislation to- The bill we will vote on tomorrow for that developing industry. morrow is a disastrous effect to an in- will again extend that program to 2011 As I said at the beginning of my re- dustry that is still in a nascent posi- and adjust the funding formula to marks, the bill is not perfect. Unfortu- tion, an industry that has a horizon make it more equitable and increase nately, we have had to leave out some where within a few years we can start Payments in Lieu of Taxes to these worthy items. But it is an extremely making some very dramatic impacts to rural communities and counties across important bill and we are very close to the energy needs of America. the country. This provision is ex- making this legislation a reality. We Projections by the experts show that tremely important to our rural com- need a few Senators to vote with us to- a failure to extend the solar and wind munities. All of our children deserve an morrow morning. tax incentives alone will result in the equal opportunity to learn, regardless I am worried. I come to the floor to withdrawal of nearly $19 billion in cap- of where they live. That is why the se- speak tonight because I am concerned ital investments and the loss of more cure rural funding program is so impor- that there are some on the other side than 116,000 jobs in 2009. That is 116,000 tant. I hope our colleagues across the of the aisle who seem to be willing to jobs in 2009. aisle will join us tomorrow to vote for play politics, rather than help us bring At this point, we look at the pillars this. of the American economy, and they are I also want to say a few words about forward this bill that will create jobs shaky. Last Saturday, it took a Satur- the highway trust fund fix, which is and support clean energy and provide day session, but we were able, here in also in the same bill we will be voting tax relief for our families. I am here to- the Senate, with a very strong bipar- on. The condition of the highway trust night to say this is far too important fund, which helps us pay for all of our an issue with which to play politics. tisan vote, to help put one of those pil- highway repair and construction across Not only are all of these provisions lars of the American economy on a this country as well as mass transit, critically important but they are time pathway where we will be able to has been deteriorating now for years. sensitive. They are time sensitive. At a strengthen that pillar. That has to do Skyrocketing gas prices have made an time when our economy is lagging and with the housing crisis that America already dire situation worse. so many families are struggling, we has been facing. This year we are going to see the need to get these programs in place and Tomorrow morning we have another largest recorded decrease in highway we need them now. opportunity to address another one of miles traveled in the last 17 years. As I hope that tomorrow morning when those pillars that is somewhat shaky, a result of that, the highway trust fund we vote on the cloture to move to this in fact, very shaky, and causing a lot is now less than a year away from tax extenders bill that our friends on of pain to the American consumers and going bankrupt. That is going to leave the other side will join us, that they to American national security; that is, a lot of critical construction projects will put politics aside and hopefully the issue of energy which is addressed in every one of our States in peril. make American families a priority. in the tax extender package that we I, along with Senator BOND, who is I will yield the floor. will be voting on tomorrow morning. the ranking member on my Transpor- The PRESIDING OFFICER. The Sen- When we think about the fact that tation and Housing Appropriations ator from Colorado. people are concerned about the econ- Subcommittee, have been sounding the Mr. SALAZAR. Mr. President, I come omy, they are concerned about their alarm about the problems facing our to the floor this evening to speak in jobs, they are concerned about the pain highway trust fund for almost 2 years support of S. 3335, which is the Jobs, at the pump, the fact that we have an now. In January of 2007 we wrote and Energy, Families and Disaster Relief opportunity to do something about it voiced our concerns to Senator BAUCUS Act on which this Chamber will have tomorrow morning, hopefully, will re- and Senator GRASSLEY on the Finance an opportunity to vote tomorrow sult in the kind of resounding bipar- Committee and they promised to help morning. It is a real, honest solution to tisan vote that we saw on the housing us fix this problem. how we move forward on a variety of package on Saturday in this Chamber.

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.077 S29JYPT1 erowe on PRODPC61 with SENATE S7618 CONGRESSIONAL RECORD — SENATE July 29, 2008 All people have to think about is the Valley that is producing about 10 of oil that are locked up in the oil fact that we need to move forward with megawatts of power. shale of the Rockies; 80 percent of that a new energy future; the fact that if we Our military has been leading in on the western slopes of Colorado. do not pass this energy legislation, just many ways in creating a new energy So because it is in my State, I have on the energy piece of this legislation, future for America. Now Fort Carson taken it upon myself to know about oil 116,000 jobs will be lost in 2009. So a has a solar powerplant which is pro- shale, to study the booms and busts ‘‘no’’ vote on this legislation is essen- viding a significant amount of power to that have come with oil shale for at tially saying no to 116,000 jobs that our men and women in uniform at Fort least 100 years. I would only say that would be created through the renew- Carson. And at Denver International we are a long ways from developing oil able energy world, including through Airport we are about ready to plug in shale and creating gas or diesel out of wind energy, which is included within what will be a new solar powerplant. oil shale or other kinds of fuel that we this legislation. In Colorado and across the Nation we can actually use in America. The tech- I want to make sure that everybody have shown that we can harness the nology simply is not there. understands, my colleagues in the Sen- power of the wind, that we can harness Oil shale is shale. It is oil that is ate, and I know that the Presiding Offi- the power of the Sun, that we can har- locked up in rock. cer, a distinguished member of the En- ness the power of biofuels. Those pro- Mr. President, I ask unanimous con- ergy Committee, very much under- grams are all what is at stake when we sent that I have an additional 4 min- stands this reality; that is, we are not vote on the cloture motion on the so- utes to complete my statement. The PRESIDING OFFICER. Without talking about the theoretical or pie-in- called extender package. objection, it is so ordered. the-sky kind of stuff, things that may What we have done is we said wind Mr. SALAZAR. Mr. President, oil happen in the year 2050 or in the year energy is important for America, so we are going to have an extension that shale is oil that is trapped in rock. It is 3000. different from the tar sands of Canada This is a picture of a small farm with will allow the wind energy industry to today where you can easily, through small wind microturbines that are ac- make plans for the future. We have the technologies that have been devel- tually producing enough electricity to said biofuels and hydropower and bio- oped, create and produce millions of be able to power the entire farm oper- mass are important. In this tax ex- tender package we have said that we barrels of oil. ation. In many retail shopping centers It is different than oil sands which will provide the tax credits or the tax around the country, you see these kind exist in other places around the world. incentives that are necessary for the of small wind turbines that are cre- Oil shale is shale. It is rock. It is hy- next 3 years. We have said that solar ating most of the wind power necessary drocarbon that is locked up in that has huge potential and we should put to power those shopping centers across rock, and 100 years of trying and bil- America. in an 8-year tax credit for solar in the lions of dollars for research and devel- Wind power is here in a very real United States. opment to try to figure out how to Again, this is not theoretical work way, as is solar, as is our opportunity take the hydrocarbon out of that rock that we are doing, this is real work. to harness the power of biofuels. Let has not gone anywhere. Yet that does Places in Arizona, for example, are me say in my home State of Colorado not mean we should all shut the door looking at the construction through in the brief time that I have been in to the potential of developing oil shale. the Arizona Public Service Company of Washington, DC, I have seen what we And someday we may. have been able to do. a 400-megawatt powerplant. In my own In fact, I was one of the people who In 2004, in the State election when I State we are looking at the possibility helped put together the 2005 Energy was elected to come to the Senate, I of expanding our 10-megawatt power- Policy Act that created a research and was one of the supporters of the renew- plant in the San Luis Valley up to 100 development program, which is well able portfolio standard that created megawatts of power. underway in my State of Colorado, to the vision that we would produce 10 So if we can put these kinds of incen- determine whether we can develop this percent of our energy from renewable tives in place with a 2016 horizon, we oil shale in the ground. energy resources by the year 2015. are going to make a dramatic dif- But we have a number of questions As a result of the passage of that leg- ference in terms of how we provide en- which have not yet been answered. So islation, and as a result of the work ergy to our Nation. So I am hopeful it is not a panacea for anybody to come that the Congress did in 2005 with the that as we move forward we will be over here to the floor of the Senate Energy Policy Act and other legisla- able to have a strong bipartisan vote in today and say that oil shale—somehow tion that we have passed to create in- support of this energy legislation. we are going to wave a magic wand and centives for renewable energy, we are OIL SHALE all of a sudden that is going to deal making a major difference in my State I wanted to address one issue that with the pain at the pump today. It of Colorado. Wind power alone today the other side has come to the floor simply is not because we do not yet accounts for over 1,000 megawatts of often and talked about for the last 2 know how to take the hydrocarbon out power being produced in my small weeks; that is, the issue of oil shale. I of this rock. State of Colorado and 1,000 megawatts think as we deal with this energy crisis The oil companies themselves—Chev- of power is about the equivalent of that we find ourselves in today we need ron Oil—said this not so long ago, on three coal-fired powerplants. The wind to be honest and straightforward and March 20 of 2008. Chevron, an oil com- industry tells us we are just beginning. truthful with the American people. pany most people are familiar with, For those who have heard and lis- And that means one of the things we Chevron and what it does, said: tened to the highly publicized visit of ought to require of ourselves as public Chevron believes that a full-scale commer- T. Boone Pickens to the Congress in servants is that we ought not to be cial leasing program should not be made at the last week, you know what he says about phantom solutions. We ought not this time without clear demonstration of about wind and how he is investing in be about propounding phantom solu- commercial technologies. wind because we know we can harness tions that we know are not true be- That was Chevron in March of this the power of the wind. It is not some cause for some reason they become po- year. Last week, notwithstanding what theoretical committee possibility. We litically expedient for someone running the industry is saying about oil shale, are doing it in Colorado, we are doing for political office. the Department of the Interior decided it on farms and ranches across the We need to be truthful with the that it would move forward and that it State, and we are even doing it in the American people. One of those phan- would attempt to develop the oil shale cities and in the shopping centers toms that has been talked about for through a commercial leasing program. across the State. But it is more than hours endlessly on the floor of the Sen- Even within those comments of the De- wind. It also is about solar energy. ate has to do with the potential of oil partment of the Interior, the BLM said A few years ago there was no solar shale where I have seen many of my on July 22, 2008—this is the agency of energy being created in our State. Yet, colleagues with their charts coming our Federal Government that is going today, a few years later, we have a out of the cloakroom across the aisle, to be responsible for developing com- solar powerplant in my native San Luis saying there are some 2 trillion barrels mercial oil shale:

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.079 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7619 It is not presently known how much sur- nesses engage in fields such as informa- She loves her son. At the same time, face water will be needed to support future tion technology, telecommunications, she worries that her son’s siblings development of an oil shale industry. De- manufacturing, computer software, carry a genetic tendency for autism pending on a need, there could be a notice- aerospace, and energy. A renewed R&D and that their own hopes for marriage able reduction in local agricultural produc- tion and use. tax credit extension will help Vir- and children are tainted with concerns ginia’s businesses continue to compete about this genetic tendency. She wor- We do not know whether it is 100,000 effectively around the world and help ries that one day, her other son will acre feet or 200,000 acre feet or 1 mil- protect Virginia’s economy. have to bear the strain of raising a lion acre feet. We simply do not know. As Virginia’s research-driven compa- child who is affected by autism. Ellen Finally, the BLM also said on that nies have flourished, many Virginians writes, ‘‘As much as we love our son, same day: have found employment in the R&D we would give anything to have him be The lack of a domestic oil shale industry ‘typical.’ He will always require super- makes it speculative to project the demand field. These jobs traditionally are sta- for oil shale leases, the technical capability ble, high-paying jobs that have helped vision and assistance. He is the great to develop the resource, and the economics to strengthen not only Virginia’s busi- passion of my life and also a very great of producing shale oil. ness sector but also Virginia’s families burden.’’ I conclude by simply saying that as and communities. Autism has become the fastest-grow- we look at energy solutions for this The Commonwealth of Virginia is ing developmental disability in Amer- ica. In the past decade, the State of Il- very difficult challenge America faces among the top States ranked by num- linois has seen a 353 percent increase in today, let’s focus on real solutions. ber of firms engaged in R&D activity. the number of children diagnosed with Let’s not focus on phantom solutions. Virginia’s industrial R&D activity to- One of the real solutions we will be tals over $2 billion per year. And my autism. Today, one out of every 150 voting on tomorrow will be the energy home State is among the top States children born will eventually be diag- provisions of the tax extender bill that contributing to our Nation’s R&D per- nosed with some form of autism. When will embrace a new energy frontier formance. a family has to hear that their child, with what is the cornerstone of energy If Congress allows the R&D tax credit sibling, or loved one is diagnosed with independence that says alternative to lapse, the consequences will be autism, there are a number of ques- fuels are one of the ways in which we large. The lapse of the tax credit could tions that immediately arise. Is there a will get to that energy independence. cost the American economy tens of cure? What caused this? Where do we Mr. WEBB. Mr. President, I rise millions of dollars per day, as compa- seek help? How will this affect our fam- today in support of the Jobs, Energy, nies delay or cancel R&D-related ac- ily financially? Families and Disaster Relief Act of tivities. Many of our Nation’s overseas Parents are searching for answers, 2008, S. 3335. Earlier versions of this competitors—including China and sev- and through medical and public health bill failed to overcome minority oppo- eral European nations—offer an R&D research, we can further our under- sition. But now is the time for the Sen- tax credit and would gain a big com- standing of the challenges families are ate to pass this legislation in an expe- petitive advantage over the United facing. During the 109th Congress, I ditious manner. States. Failure to renew the R&D tax was a cosponsor of the Combating Au- This narrowly targeted and fair- credit would allow our foreign competi- tism Act, which the President signed minded bill contains several important tors to attract researchers and facili- into law in December 2006. The new law provisions. Some of these provisions ties at the expense of U.S. research. calls on the Federal Government to in- will help promote economic fairness. But most importantly, if Congress does crease research into the causes and For example, this bill extends critical not renew this much-needed tax credit, treatment of autism, and to improve tax relief for working families and col- we will see more Americans lose their training and support for individuals lege students. Moreover, this legisla- jobs at a time when hardworking fami- with autism and their caretakers. The tion will help incentivize the develop- lies already are suffering. law will help millions of Americans ment of alternative energies that will On three occasions this year, many whose lives are affected by autism and reduce our Nation’s dependence on for- Senators have thwarted the majority will begin to give us answers to out- eign sources of oil. leader’s attempts to begin debate on standing questions related to an indi- In addition, I support this bill be- tax extenders legislation. I ask my col- vidual’s diagnosis. But more impor- cause it contains provisions to help re- leagues this time to allow this tax leg- tantly, the new law demonstrates the pair our Nation’s aging infrastructure, islation—including the R&D tax cred- commitment of Congress to delve deep- provide relief for Americans suffering it—to move toward final passage. Let er into this critically important issue from recent natural disasters, and re- us work together to keep our R&D sec- for millions of families. Recently, the quire parity for mental health care tor competitive and let us support poli- Centers for Disease Control and Pre- treatment with other medical treat- cies that will drive the next generation vention launched the Study to Explore ment. of American innovation. Early Development—a study primarily One of the noteworthy provisions in focused on the causes of autism spec- f this legislation relates to an issue that trum disorders related to genetic and is important to constituents in my MORNING BUSINESS environmental factors. This study is home State of Virginia—namely the re- f the first to comprehensively look for search and development tax credit—re- causes of autism with over 2,700 fami- AUTISM ferred to as the ‘‘R&D’’ tax credit. This lies involved. bill will extend the R&D tax credit for Mr. DURBIN. Mr. President, as a In addition to looking into the causes another year. Senator, I often meet with constitu- of autism, we are working to improve As most of my colleagues know, Con- ents about their concerns. I hear a lot the quality of life for those living with gress originally enacted the temporary of stories about their lives. No story is autism today. I am proud to cosponsor R&D tax credit in 1981. Expenditures more compelling than that of a parent the Expanding the Promise for Individ- for R&D go to wages paid to employees looking for help for their sick child. uals with Autism Act. This bill would performing qualified research activi- My office receives hundreds of letters expand access to treatment, interven- ties, as well as supplies used to conduct and phone calls each year from Illi- tions, and support services for people this research. Since 1981, U.S.-based re- noisans asking Congress to do some- with autism. All families living with search and development have had a thing to help with the burden that au- autism do not have the ability to ac- track record of spurring U.S.-based in- tism brings, and we are hearing from cess services like those offered at the novation. more families every year. Hope School in Illinois. Through com- The Commonwealth of Virginia has Two years ago, I heard from one mitted staff and a community-based helped to lead the innovation revolu- woman whose story reflects the experi- treatment approach, the Hope School tion. Since the 1980s, small and large ence of so many families. Ellen wrote makes every day a little better for kids businesses across Virginia have to let me know that her son’s autism living with autism. This bill would help thrived. Many of these Virginia busi- was a constant source of worry for her. replicate resources like the Hope

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.080 S29JYPT1 erowe on PRODPC61 with SENATE S7620 CONGRESSIONAL RECORD — SENATE July 29, 2008 School in other States to better serve tion 42 housing projects being devel- that offers day care, the services that the autism community. oped nationwide that target certain are to be provided, or the cir- And Illinois has gone further to help populations, including, for example, cumstances of the tenants, such as low- families in need of financial assistance. veterans, farm workers, first respond- income parents attending college.. The Because the cost of autism-related ers, teachers, artists, low-income par- basic structure of the low-income hous- services is so overwhelming, both the ents attending college, pregnant or ing tax credit is based on the premise Illinois General Assembly and the Illi- parenting teens, and domestic abuse that the States have the prime respon- nois State Senate have passed legisla- victims. sibility to administer this program, tion requiring health plans to provide In my home State of New Mexico, the and they have done an excellent job so coverage for the diagnosis and treat- Housing Credit Program has been es- far. They currently have the responsi- ment of autism. Like many other sential to the construction of housing bility to determine the housing prior- States throughout the country, Illinois for many low-income individuals, in- ities of the State and to give priority is responding to the voices of 26,000 cluding housing that is specifically tar- to tenant populations with special children saying their families need geted toward farm workers. Among our housing needs. The newly codified gen- help. great success stories is the Franklin eral public use rule reinforces the lati- Last week, the Director of the NIH, Vista development in Anthony, NM. tude of the States to decide how hous- Dr. Elias Zerhouni, testified before the Units already in service at Franklin ing credit dollars are allocated. Labor-HHS Appropriations Sub- Vista are targeted specifically for farm Ms. CANTWELL. I thank the chair- committee. During the hearing, I asked worker housing. The current phase 7, man for that response and for his work, him to tell us what the NIH is doing now underway, would create an addi- along with that of the ranking mem- with regard to research on autism. He tional 24 units of farm worker housing. ber, on this important issue that would discussed recent findings related to po- Ms. CANTWELL. I also would like to permit housing credit properties to tential genetic links, which may help thank the chairman. In my home State continue to serve special populations target the search for the causes of au- of Washington, the IRS action has provided that the properties satisfy the tism. For the sake of the millions of threatened a number of innovative nondiscriminatory tenant selection people living with autism and the fami- housing developments, involving hous- criteria and other requirements of the lies and friends who love them, we in ing for pregnant women, housing for Low-Income Housing Tax Credit Pro- Congress have to do our part by fund- disabled military veterans, and housing gram. I also thank the Senator from ing the NIH so that the research com- for artists that are being used as part New Mexico, Mr. BINGAMAN, for his munity can proceed quickly to unlock of a larger redevelopment strategy to tireless leadership on this issue. the mysteries surrounding this terrible rebuild neighborhoods. The IRS action f disorder. has been particularly problematic for State efforts to deal with the critical ACCESS ACT f need increase the supply of safe, de- Mr. BROWNBACK. Mr. President, I RULE XLIV COMPLIANCE cent, and affordable housing for mi- rise to speak about S. 3046 and H.R. 6270, the Access, Compassion, Care, and Mr. INOUYE. Mr. President, as chair- grant and seasonal farm workers. Ethics for Seriously Ill Patients Act or man of the Committee on the Con- About 10 years ago, Washington estab- ACCESS Act. The intent of this bipar- ference of H.R. 4040, in compliance with lished a Farm Worker Housing Pro- tisan, bicameral legislation is to ex- rule XLIV of the Standing Rules of the gram that has led to the creation and pand access to investigational treat- Senate, I certify that that no provi- preservation of over 1,065 units of per- ment options for patients with serious sions contained in the conference re- manent housing for farm workers. The or life-threatening diseases. port meet the definition of a congres- IRS’s recent position has not only threatened future development of such A provision of the ACCESS Act pro- sionally directed spending item under vides for three requirements for a pa- the rule. housing but could potentially result in the recapture of low-income housing tient to become eligible for access to f tax credits for such units currently in investigational treatments that have completed at least phase one of the HOUSING ASSISTANCE TAX ACT existence, potentially bringing finan- cial ruin to the nonprofit housing pro- clinical trials process, labeled as com- SECTION 42 HOUSING PROJECTS viders which have developed and oper- passionate investigational access, CIA. Mr. BINGAMAN. Mr. President, I wish ate this housing. The second of the three requirements to thank the chairman of the Finance The language in the bill that this provides that a physician document in Committee, Senator BAUCUS, for in- body passed on July 26 on general pub- writing that a seriously ill patient has cluding language in H.R. 3221, which lic use reflects Congress’s comfort with exhausted all treatment options ap- this body passed on July 26, to clarify the historical application of the gen- proved by the Secretary for the condi- the ‘‘general public use’’ requirement eral public use requirement prior to tion or disease for which the patient is relating to the Low-Income Housing the IRS’s recent activities, and a reasonable candidate. For this par- Tax Credit Program. That clarification Congress’s intent to remove the uncer- ticular provision, the intent of the con- responds to recent Internal Revenue tainty and risk that the IRS’s recent gressional sponsors of the ACCESS Act Service guidance to State and local activities have created for the section is that a patient has examined, not housing credit agencies that has cast a 42 program. necessarily tried, all Food and Drug cloud on existing properties and future Mr. BINGAMAN. My understanding, Administration-approved treatment development targeted to special popu- Mr. Chairman, is that the general pub- options for which the patient is a rea- lations. lic use provision in that bill, as passed, sonable candidate. Since enactment of the Housing clarifies that housing does not fail to Accordingly, it is not the intent of Credit Program in 1986, and prior to meet the general public use require- the congressional sponsors of the AC- the recent IRS activity, the general ment solely because occupancy restric- CESS Act that a seriously ill patient public use requirement was understood tions or preferences that favor tenants has tried every combination of treat- to prohibit projects from being (1) with (1) special needs; (2) who are mem- ments for which the patient is eligible rented in a manner inconsistent with bers of a specified group under a Fed- before the patient is granted compas- HUD housing policies regarding non- eral program or a State program or sionate investigational access or ex- discrimination, (2) rented to members policy that supports housing for such a panded access to the investigational of a social organization or to employ- specified group, or (3) who are involved treatment. Moreover, it is not the in- ees of specific employers, or (3) part of in artistic or literary activities. Is that tent of Congress that the seriously ill a hospital, nursing home, sanitarium, understanding correct? patient has exhausted every treatment lifecare facility, trailer park, or inter- Mr. BAUCUS. Yes, the Senator is option for which the patient is a rea- mediate care facility for the mentally correct. And for this purpose a special sonable candidate where a treatment or physically disabled. This under- need may relate to the physical facili- option is known to have severe nega- standing has resulted in numerous sec- ties of the property, such as a building tive side effects.

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.010 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7621 The ACCESS Act will ensure that a The cowboy is the icon of Wyoming, Still, I am confident that if the FBI is patient with a serious or life-threat- representing our history and way of willing to honestly examine its own ening disease has access to the largest life. Wyoming’s cowboy spirit and shortcomings, it can learn the lessons scope of treatment options available to western values embodies all aspects of necessary to improve and become more the patient and their doctor. I encour- our lives. Independence, courage, fam- effective at keeping Americans safe age my colleagues to join me in co- ily values, and good stewardship of the and free. sponsoring this important piece of leg- land are all virtues that every Wyo- I celebrate with all FBI employees, islation. mingite holds dear. The people of Wyo- active and retired, whose difficult and f ming are proud of our cowboys and courageous work keeps the rest of us cowgirls. They carry on our strong tra- secure. LAKOTA CODE TALKERS ditions and western values. I also recognize and honor agents Mr. JOHNSON. Mr. President, during The National Day of the American who have paid the ultimate price to World War II, Lakota, Dakota, and Cowboy also holds a special place in protect our country from all enemies, Nakota soldiers from across the Great Wyoming’s heart as we remember our foreign and domestic. These heroes de- Plains served this country with honor dear friend, Senator Craig Thomas. As serve praise for their hard work and and distinction as Code Talkers. These many know, this day of recognition sacrifice. men sent messages in code, derived initially came about through the ef- The protection of the United States from their native languages, that the forts of Senator Thomas. is the FBI’s main mission. The FBI is enemy was never able to decipher. Senator Thomas was a genuine cow- tasked to keep us safe from terrorist They saved the lives of countless boy. He led by example instead of seek- attacks, foreign spies, public corrup- Americans, were responsible for major ing the spotlight. He was a dedicated tion, infringements on civil rights, or- military victories, and provided an in- public servant, a powerful leader, and a ganized crime, and major white-collar valuable service to the United States, straight shooter. He was a loyal family and violent crime. To serve its mission, but they were sworn to secrecy about man. He was a beloved role model. All the Bureau maintains a worldwide their operations in order to protect the who knew Senator Thomas will remem- presence in over 400 cities in the United code. As a result, their important con- ber the humble cowboy who was un- States and 60 countries worldwide. tributions were not immediately recog- wavering in his dedication to God, Wy- Since the terrorist attacks on Sep- nized. oming, and his country. tember 11, 2001, the FBI has focused its Only one of these heroes, Clarence Senator MIKE ENZI and I have contin- efforts on antiterrorism. Its intel- Wolf Guts, survives today. Mr. Wolf ued this effort to honor our American ligence and diligence have protected Guts spoke Lakota at home, but—like cowboys and cowgirls across the coun- our Nation from countless threats to many other Native youth—he was pun- try. I am pleased that the Senate our safety. FBI employees have stepped ished for doing so at school. Despite agreed to the resolution. I look forward up in these treacherous times, and we this, he enlisted in the Army at age 18 to celebrating this special day with count on them every day. They put and served a 3-year tour in the Pacific. Wyoming. their lives on the line for our freedom. Mr. Wolf Guts and his fellow Code f We know they are fulfilling their Talkers are an example of the proud mission when nothing happens to harm service record of Native Americans, FBI’S 100-YEAR ANNIVERSARY us, when we have another day, week, who make up a higher percentage of Mr. GRASSLEY. Mr. President, the and year free from a terrorist attack service men and women in the Armed FBI turned 100 years old on June 26, and violent crime. Forces than any other ethnic group in 2008, and so I want to offer some re- Like any anniversary, this is a good America. They have served with honor marks to mark the occasion. This anni- opportunity for us to look at the FBI’s in all of America’s wars beginning with versary is the perfect opportunity to failures so it can learn and grow from the Revolutionary War on through our look at the FBI’s accomplishments and its mistakes. For years, I have been a current operations in Iraq. failures over the past 100 years and its watchdog of the FBI’s propensity to re- In 2001, the Navajo Code Talkers were challenges for the future. taliate against whistleblowers, the Bu- awarded Congressional Gold Medals for During the presidency of Theodore reau’s unwillingness to cooperate with their service. In appreciation of the Roosevelt, seven U.S. Secret Service service of Mr. Wolf Guts, his comrades, other agencies, and its inability to up- operatives moved to the new Depart- and all Native American Code Talkers, date its technology system. I hope on ment of Justice Bureau of Investiga- I have cosponsored S. 2681, the Code its 100-year anniversary, the FBI will tion to start a new mission. Thus, the Talkers Recognition Act of 2008. This turn a new leaf and correct these prob- legislation would ensure that all Na- FBI was born. The FBI has had count- lems to create a better, safer century tive American Code Talkers which hail less successes in its first centennial. In ahead. from at least 17 different tribes are all particular, the Bureau developed a tal- Parts of the FBI’s internal culture recognized and honored for their serv- ented corps of professional agents and hamper its ability to effectively iden- ice. staff who pioneered new investigative tify and neutralize threats to national In recognition of their service, the tools that set most of the standards of safety. For instance, the Bureau has Rosebud Sioux Tribe and South Dakota modern law enforcement. what I have called a ‘‘Pac-Man’’ men- State University plan to construct the The FBI had early successes with the tality, because it tries to gobble up Code Talkers Memorial Park in Mis- arrests of Al Capone and Gangster whatever it can of other agencies’ ju- sion, SD. Meant to inspire hope in the ‘‘Machine Gun’’ Kelly in the 1930s. risdiction, evidence, and cases. At community, this park will feature a Bonnie and Clyde were also perma- times, it has acted like a lunch-steal- Memorial Grove of trees found on the nently put out of business thanks to ing bully on the playground. home reservation of each soldier and some local cops and the FBI. The Bu- Our safety would be much better pre- will provide recreation and wellness reau later went after the Ku Klux Klan served if the FBI would play nice and opportunities as a part of the tribe’s in the 1940s and 1950s. It targeted the share jurisdiction and resources with ongoing fight against youth suicide. New York mafia in the 1980s and 1990s, the other agencies. The FBI should I want to honor and recognize these which led to the decline of the concentrate on its primary mission— men for their service and sacrifice for Gambino crime family and its infa- fighting terrorism—and let other agen- this country. mous leader, John Gotti. cies take the lead on investigations in f However, the FBI also has had its which they have specialized expertise. share of failures. From its own civil For example, often, drug and bombing NATIONAL DAY OF THE AMERICAN rights abuses in unauthorized wire- cases should be handled by the Drug COWBOY tapping of civil rights leaders, to the Enforcement Administration, DEA, Mr. BARRASSO. Mr. President, I tragedies at Ruby Ridge and Waco, to and the Bureau of Alcohol, Tobacco, wish to speak on S. Res. 482, a resolu- the internal betrayal by special agent and Firearms, ATF, respectively. tion designating July 26, 2008, as ‘‘Na- Robert Hansen, there have been many This Pac-Man mentality is evident tional Day of the American Cowboy.’’ dark days in the history of the Bureau. by the way the FBI demands access to

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.044 S29JYPT1 erowe on PRODPC61 with SENATE S7622 CONGRESSIONAL RECORD — SENATE July 29, 2008 other law enforcement groups’ intel- FBI and ATF to combine their bomb What we know is that whistleblowers ligence, informants, evidence, and re- databases under the ATF’s direction, play an important role in improving sources, and yet it rarely shares its because of the ATF’s expertise in our agencies. On its 100-year anniver- own information and resources—even bombing cases. However, 4 years after sary, the FBI should recognize that it after 9/11. For instance, in 2006, Hous- the Attorney General issued that direc- needs to listen to those courageous ton Immigration and Customs Enforce- tive, the FBI still has not transferred agents who alert them to a problem, ment, ICE, agent Joe Webber testified its bomb database to ATF’s manage- rather than retaliate against the mes- before a House Committee that the FBI ment. senger. purposely delayed a wiretap request in Without the ATF’s and FBI’s co- There continue to be high-profile an ICE-headed terrorism financing operation in this area, agents are more cases involving discrimination against case, simply because it was an ICE- likely to be missing key information. I FBI whistleblowers. For instance, just originated case, rather than an FBI don’t blame the agents on the street over a month ago, FBI agent Bassem case. for this problem. The problem is the di- Yousseff came forward and testified be- The result of this Pac-Man attitude rect result of jurisdictional greed and fore Congress about staffing defi- by the FBI was a missed opportunity to indecision by top bureaucrats at FBI ciencies in the counterterrorism pro- hunt down the perpetrators of terrorist Headquarters. It is imperative that the gram of the FBI. Without his testi- financing in that case. two agencies work together so that mony, Congress would not have known The FBI has also engaged in jurisdic- they can keep the country safe. that the FBI is having trouble filling Notwithstanding these issues, there tion grabbing with the ATF over bomb- those critical positions. Yet, just 2 have been instances of effective co- ing cases and with the DEA over drug days after testifying, agent Youseff operation. In 2007, the ATF and FBI co- cases. Turf wars don’t help keep our was accused of violating FBI regula- operated with other law enforcement streets safe, because our limited re- tions. The FBI dropped its allegations, agencies, and their efforts resulted in sources are wasted when programs and but I am not willing to drop the sub- the largest prosecution of environ- investigations are duplicated. Instead ject. I sent a letter, along with House mental extremists in U.S. history. Ten of concentrating its resources on anti- Judiciary Committee and sub- ecoterrorists were convicted for politi- terrorism, the FBI has tried to take committee chairmen, demanding the cally motivated arson that caused $40 over investigations in which other million in damage. We need to see FBI turn over its records to determine agencies have jurisdiction and exper- more of these types of successes, and if what happened. The FBI has not re- tise. the FBI and other agencies can rep- sponded. The FBI should have a system Similarly, the FBI has not always co- licate this kind of cooperation in the that encourages concerned agents to operated with other agencies in infor- next 100 years, Federal law enforce- come forward and identify problems mation-sharing efforts. This reluctance ment will end up better fighting crimi- that can then be solved, rather than to cooperate is epitomized in FBI nals and terrorists together, rather swept under the rug. It should not use agents’ turf wars with ATF agents. The than fighting against each other. whistleblowers as ‘‘canaries in coal Washington Post reported that FBI I have also done oversight of the cul- mines,’’ to be sacrificed as soon as they agents sold counterfeit cigarettes to ture within the FBI which encourages alert us to a problem. ATF agents because the two agencies retaliation against whistleblowers. Another problem the FBI must cor- were running twin tobacco smuggling There have been too many cases of con- rect is the different standard of punish- stings. tinued retaliation against FBI whistle- ments it sets for agents versus their At crime scenes, the Washington blowers. Any FBI employee who has supervisors. While a supervisor may Post reported, agents from each agency the courage to come forward to expose get a slap on the wrist for misconduct, threatened to arrest each other over corruption or wasted resources in the an agent may be heavily reprimanded. jurisdiction and evidence squabbles. FBI should be applauded, rather than For example, agent Cecilia Woods re- The agencies acted like two dogs fight- punished. Not only are these coura- ported that her supervisor engaged in ing over one bone. The problem is that geous individuals safeguarding our tax illicit sexual activities with a paid in- there are plenty of bones out there, and dollars, they are also diverting re- formant. Her courage and honesty in the agencies can each get more if they sources from waste to use in the fight reporting this improper activity were work together. against terrorism and crime. rewarded with two investigations into Another problem area exists in decid- Whistleblowers can spur the FBI to her own conduct, suspensions, and a ing which agency should investigate correct its problems. For instance, FBI transfer. domestic bombing incidents. Until re- agent Coleen Rowley went public with Meanwhile, senior level FBI agents cently, the FBI and ATF have been op- insights about the FBI’s conduct in the are treated differently for their mis- erating under a 1973 memorandum of weeks leading up to the 9/11 terrorist conduct. For instance, acting special understanding, which predated and did attacks. Rowley wrote a letter to FBI agent in charge in Baltimore, Jennifer not anticipate the ATF’s 2002 move to Director Robert Mueller in May 2002, Smith-Love, was investigated, along the Justice Department from the outlining how her Minneapolis field of- with two agents acting under her direc- Treasury. This old agreement failed to fice pushed to search Zacharias tion, for conducting an unauthorized take into account the post-9/11 empha- Moussaoui’s home and laptop following search of another agent’s computer. sis on searching for terrorism links in French intelligence reports on his con- However, Smith-Love’s investigation bombing cases. With a 35-year-old nections and activities. But FBI head- was classified as a performance issue, agreement, it doesn’t surprise me that quarters downplayed the need to get a rather than a misconduct issue. While there was so much confusion and FISA wiretap and search his home and the investigation was still ongoing, she squabbling between the two agencies. computer and ultimately denied the got a promotion. The disparate treat- I have recently learned that the At- Minneapolis field office’s request. This ment of agent Cecelia Woods and spe- torney General issued a new MOU that was after the FBI got reports that cial agent in charge Jennifer Smith- will now be the controlling authority Moussaoui tried to take flight lessons Love illustrates how the FBI rep- between the ATF and FBI in bombing and a Phoenix field agent reported sus- rimands its agents much more harshly cases. picions about Middle Eastern men en- than it reprimands supervisors. I am curious to see this new MOU rolled in flight school. This unequal treatment of agents and and sincerely hope the FBI and ATF After the attacks, Rowley wrote her senior management is unfair and cre- have come up with a better way to re- concerns in a letter to Director Mueller ates an appearance of double standards solve disputes regarding which agency about how FBI headquarters at the agency. Double standards in dis- takes the lead on domestic bombing ‘‘downplayed, glossed over, and/or cipline devastate morale among the cases. mischaracterized’’ their investigation dedicated, hardworking FBI agents Unfortunately, there is reason to be of Moussaoui. We don’t know what who are just trying to do their job. The skeptical that this new MOU will have could have been prevented if the Min- FBI should set more uniform guidelines an impact. A 2004 memo from former neapolis office had been able to pursue for punishments for both agents and Attorney General Ashcroft directed the Moussaoui when it had the chance. supervisors.

VerDate Aug 31 2005 03:03 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.002 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7623 Another area the FBI needs to im- to arguments on both sides and believe mentally engaged were plentiful. We made prove is its implementation of informa- we should spend some of our time look- many friends on the road. There are/were tion technology upgrades. For years, ing into this. To summarize, I thank many people living life as we were as it was all we/they could afford. Hanging out in the the FBI has been charged with the task FBI employees, past and present, for desert, bathing in an irrigation ditch, haul- of bringing its computer systems up to their collective past 100 years of serv- ing our drinking water and driving 10 miles date. However, despite spurts of ice. I also challenge the FBI’s manage- to ‘‘dump’’ our tank was fun at first. It was progress, this effort has been hobbled ment to grab ahold of the reins to build a life we could afford as long as the gas by embarrassment and setback. a stronger, more accountable, trans- prices stayed down. We did not take many The FBI had to scrap a $170 million parent, and effective FBI. I challenge ‘‘side-trips.’’ I do not know what the folks case management system called Vir- ‘‘on the road’’ will do now. the FBI’s leadership to recognize and Finally, in 2001, I decided I wanted to have tual Case File in 2005. The Virtual Case correct the problems it currently has a real home again. A place to plant roots, File system was scrapped because it so the Bureau can be the top notch law real ones . . . roses and a vegetable garden as failed before it ever got rolling. VCF enforcement agency it can be. well as have a church family; someplace was poorly designed and poorly man- Now is an ideal time for the agency where I did not have to keep moving every aged, and to make matters worse, the to look back on what it has done right few weeks or months; a real community that FBI placed little internal controls on and wrong and work to do a lot better stayed put. In November of 2001 while vis- iting my sister in Spokane, I found a small the oversight of the project. To date, in the future. ‘‘handy-man’s nightmare’’ in Smelterville, the FBI still has not completed a new f Idaho that I could just afford if I sold the RV version of the system, now known as and truck. Mom was agreeable. The realtor Sentinel. Information technology IDAHOANS SPEAK OUT ON HIGH said ‘‘you really do not want that house!’’ I needs to be a top priority for the FBI if ENERGY PRICES said ‘‘yes, I do!’’ It had everything I wanted: a place to sit out front and greet the neigh- it wants to effectively hunt down and Mr. CRAPO. Mr. President, in mid- disrupt terrorist cells around the globe. bors, an area for a garden and a clothesline June, I asked Idahoans to share with to hang my laundry on; simple things. The situation could not be more ur- me how high energy prices are affect- Our whole world was falling apart at the gent, and the FBI needs to step up and ing their lives, and they responded by time of the purchase as it was the week of get the job done, on time and on budg- the hundreds. The stories, numbering September 11, 2001. In the silence of no air- et. over 1,000, are heartbreaking and craft flying overhead that week we prayed that our country would make it through this It is also important to note that the touching. To respect their efforts, I am FBI’s budget has tripled since 1999. difficult and frightening time. We signed the submitting every e-mail sent to me papers, opened the windows and let the house Last year, Congress appropriated al- through [email protected] air out for the winter. Mom and I headed most $7 billion dollars to the Bureau. .gov to the CONGRESSIONAL RECORD. south for our final warm, southern winter. I We should not tolerate the FBI’s con- This is not an issue that will be easily will never forget the sight of the huge Amer- tinued mismanagement of public funds resolved, but it is one that deserves im- ican flags flying from the many rigs heading south. Do you know that most of the people on programs that don’t work. The mediate and serious attention, and Ida- American taxpayers can not afford an- living the ‘‘gypsy’’ life are very patriotic? hoans deserve to be heard. Their sto- Almost all of the men, and many of the other Virtual Case File. ries not only detail their struggles to Technological advances are impor- women (myself included) are Veterans. I am meet everyday expenses, but also have reminded of the scene in the movie Independ- tant tools to keep up with dangerous suggestions and recommendations as to ence Day where the RV’s were all headed terrorists and criminals. As terrorists what Congress can do now to tackle across the desert to Area 51. and criminals use more advanced tech- this problem and find solutions that We returned to Idaho in March to two feet nology to evade detection, the FBI of snow on the ground and no heat source in last beyond today. I ask unanimous the house. We hired two guys (for $20) who needs to stay ahead of them with new consent that today’s letters be printed technologies to fight them without were waiting for the tavern to open to un- in the RECORD. load the U-haul before the next blizzard delays or setbacks. Americans are There being no objection, the mate- caught up with us. It had been chasing us counting on a system that works to rial was ordered to be printed in the since Denver. We had no furniture, just help prevent the next terrorist attack. RECORD, as follows: Rubbermaid tubs of dishes, pots and pans, Congress plays an important over- clothes and craft stuff. (I slept on an air sight role over the FBI and other agen- I strongly urge you to fully and aggres- mattress on these tubs for the first year.) We sively support legislation that extends the stayed with my sister in Spokane while the cies. I take this role very seriously, as tax credits for renewable energy sources. it is crucial to our system of checks weather settled. Fortunately the sun came This legislation has been defeated in Con- out the next week so we sat out in the yard and balances. At this 100-year juncture, gress 3 times in the past year! This is un- I encourage the FBI to step up to the at a broken down picnic table in the sun a imaginable and pathetically short-sighted. lot until it warmed up. We shoveled the de- plate to make positive changes in its Solar and wind power generation and the bris (old carpeting and broken floor tiles) out agency. like generates hundreds of thousands of jobs of the house and a neighbor was kind enough Congress also has a role to play in and it is critical that companies expanding to haul it to the dump. It was a year before the future of the FBI. In the 107th and these industries be supported in their early we could walk on the floors barefoot. It took 108th Congresses, legislation was intro- stages. me that long with a small belt sander to re- BRIANT. duced to reform the FBI to protect do them. whistleblowers and provide true ac- Over the next five years, I patched, paint- Thank you for asking! I am disabled and ed, re-wired, constructed cabinets, closets countability. Unfortunately, these re- living on Social Security ($784 per month). It and shelves, plumbed and eventually with forms were never fully enacted into is not a lot, but I had managed to live within the help of a USDA loan at 1 percent was law. We should revisit these efforts to my means for a short while and still have able to have a foundation put under the help the Bureau be the best it can be. some kind of interaction with my church and house. I turned the ground in the backyard I also believe that Congress needs to family. by hand with a shovel and planted my vege- continue to examine the FBI’s counter- I will start my story from the time I be- table garden. I planted flowers. My cousin terrorism mission and look at the calls came disabled and had to leave my employ- came up from California with her two foster ment with the Environmental Protection some have made to split the FBI’s law children and helped me put in a gas fireplace Agency in June of 1995. I became a full-time that she had found in an abandoned mobile enforcement and domestic intelligence camper with my mother. We started out in home, and an old picket fence. We tore out functions along the lines of the British her 19-foot class C camper and after my dis- the sidewalk leading to the house and re- MI–5. Now some may see my statement ability claim was approved 3 years later we placed it with stepping stones and an arch as a call to dismantle the FBI, that is moved ‘‘up’’ to a 29-foot fifth-wheel and a with pink roses. I hung my laundry out to not what I am saying. What I do be- very used truck to tow it with. We took care dry on my beautiful clothesline. We cele- lieve is that our constitutional duty to of each other. We spent several summers brated my mother’s 80th birthday in the conduct oversight includes a soup-to- hosting at Idaho State Parks for a free backyard in the rain under a tarp. The next campsite (no salary) and one winter in Wash- day my cousin and I started a real patio nuts review of our law enforcement ington at Fort Canby. Most of our winters cover so we would not get so wet during the policies, including whether or not were spent in southern Texas at a large RV next celebration. None of this was fast or those at the FBI are achieving their park where it was warm, the rent was rea- easy. I am disabled, remember? I sat in the primary mission. I think there is merit sonable and activities to keep us socially and sun and thanked God for His many blessings.

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.004 S29JYPT1 erowe on PRODPC61 with SENATE S7624 CONGRESSIONAL RECORD — SENATE July 29, 2008 Last November, as I installed the new smarter. I have always known that. We need and development of truly new energy possi- kitchen counter and sink and the house was community transportation especially in bilities. I have no idea what these might finally almost perfect, as I celebrated my rural areas. If it is at all possible, make turn out to be, but Americans are supposed 64th birthday, I sold my home because I was some of these alternative sources of energy to be inventive. Let’s encourage that old unable to keep up with the utilities. My available to the poorer elders of this coun- spirit again. mortgage was low (only 4.75 percent), and I try. Do not make them leave their homes be- If you really want to reduce reliance on had a USDA grant which enabled me to have cause the infrastructure in this country is fossil fuels, you should pass some kind of a new gas furnace. Unfortunately the town is falling apart. Do not allow any new homes to subsidy for low income people to buy hybrid in the process of replacing the sewer system, be built without solar or wind power. The or electric cars. (I know, I know . . . sounds the water district is upgrading their system Swedes do not let you build without a like a handout). But it would be the most ef- and the electricity and gas just keep going composting toilet! I learned a lot living in an fective use of tax dollars in a direct way to up and up and up. I was paying more for util- RV over the years. I have read many books substantially reduce reliance on oil. Elimi- ities than I was for my mortgage and USDA on alternative housing. I would have built nating the subsidy for the oil companies, and loan. I attended a financial seminar provided one but it would have cost me much more spending it on fuel efficient cars right now, by my church to find out how I could make than my ‘‘tear-it-down!’’ house that no one would be more logical. (Just think of it as a ends meet. What was I not doing that would wanted did. We do not have to keep building gift to the struggling automotive industry; if make the difference of financial stability? I the way we are. So wasteful. Now I’m run- you really want to be patriotic limit the tried finding part-time work but no one ning off on a tangent and this letter is too payment to American made cars, if you can would hire me for the few hours I could work long already! find any of those left.) without compromising my health. My skills Thank you for listening to this elder travel I live out in the country, and I am only one were outdated. I could not obtain approval down a few old trails. I appreciate it. of many here in the rural west who have to for school on the Internet. I could only go to I would be happy to talk with you or your have my car to get to town for work, gro- school to learn something if I would not be representatives if you have any questions. ceries, doctor appointments, etc. We have no self-employed and the school was so far MERILYN, Wallace. public transportation available. At current away. The hours spent would be on their prices, one trip to town costs me $8.50. Of terms, not when my body could work, and I provide sliding fee scale mental health course I try to limit the number of trips, be- would again compromise my health. Selling services for those who do not qualify for as- cause I am retired. Ridiculous ideas like a was my only way out of debt, or I could con- sistance or have insurance that covers their gas tax moratorium are a waste of every- tinue as I was and continue to ‘‘charge’’ all services. If my wife did not have a second in- one’s time. So are the drumbeats of drilling my groceries, medicine, gas, etc., and keep come as a teacher (24 years) I could not af- for more oil in inadequately supplied places the bills paid . . . for a while. ford this ministry. I live and travel central which could not possibly or timely relieve The price of gasoline was not too much of Idaho (Valley, Adams, and Idaho counties) as the crunch we are in now. If we had a decent a problem as I lived 2 blocks from church, 1 do my patients. Rising energy is problematic oil pool anywhere in the U.S. I could see block from the post office and Walmart had both in fossil fuels and electricity for us all. drilling, but these possibilities you list are just moved into town! I could still walk to Most of us are independent by nature, but inadequate. We need to get away from oil as most places I needed to go. this ongoing crisis will continue to put many much as possible, and we need to do it fast. Now, gasoline is a problem. The only low- of us on assistance lists we wish to avoid. It I have lived most of my life in an oil abun- income apartment I could find was in Wal- is also affecting the delivery of basic subsist- dant economy, taking it for granted. But I lace, Idaho, 15 miles from where I had been. ence services for our schools, hospitals, and can see the road ahead and it’s not pretty. [It does not] seem very far, does it? But if ev- public services. I am guessing my letter will go in the erything you do is that far away, there is no MICHAEL. waste pile reserved for those who disagree public transportation, and the price of gaso- with you. It would be interesting to hear line is $4.00+, it is far indeed. I do much of The suggestion to drill in ANWAR and off your thoughts on my suggestions. It is time my shopping via the Internet as the drive to the coasts is mere rhetoric when you imply for real head scratching, thinking, and co- the nearest town where fabric, books, elec- it will reduce the rising costs of gasoline at operation, not politics as usual. tronics, etc. are sold is 50 miles each way. the pump today. From all the information I JILL, Orofino. My daughter paid for my Internet service so have found, it would take 10 years to get I would not be so out of touch with the that oil into production, and then it would Senator Crapo—with pleasure. As a retired world. supply a mere 6 months of the U.S. needs at engineer, professor, vet, et al.—your prior- I was already committed to directing my our current rate of consumption. Probably ities are close—certainly emphasize nu- granddaughter’s school Christmas and less than we would be demanding in 10 years, clear—but our legislators should stop play- Spring musical plays. That meant a trip to [I] think? Do you have information that con- ing their petty political games and allow/ Kellogg every day. While I still had some tradicts this? I would be happy to hear it. seek oil production and refining capabilities! money left from the sale of my home I could The multinational oil companies who Drill in the north slope/preserve of Alaska— absorb this cost. Now the money is gone and would be doing the drilling would be selling NOW! Allow the oil companies to build more I haven’t seen my family in 2 weeks. I try to the oil on the open world market, and we as refineries—NOW! Most frankly—the political combine my trips to church with shopping a country would have no more chance to ben- and environmental games have REALLY for groceries at Walmart. I do not attend efit from this than we now do from the ‘‘for- CAUSED our energy problems! many of the functions at church anymore. I eign’’ oil you discourage. They make a profit W.C. Idaho Falls. used to be at the church almost every day. I wherever they drill, they do not save it just may have to stop going to that church com- for us. We already sell most of our power- We appreciate the offer to allow us to ad- pletely and go to one here in Wallace. That producing coal to China today. How many dress this concern. Vern and I are on fixed sounds reasonable, but the church in [in] the Congress know that? incomes and are working part time jobs to Smelterville is ALIVE! The churches here We cannot drill our way out of this mess. help make the ends meet. Social Security are not. You should first close the investment loop- brings a large chunk of the income into our I miss my little four room house in holes that have encouraged the new ‘‘bub- home but it is quickly swallowed up with Smelterville with its big south-facing win- ble’’ of speculation in crude oil (after run- medical insurance to cover any problems dows, playing in the dirt in the yard, the ning away from the housing bubble). It that we might have. With both of us being in scent of the flowers, the garage with my would be great if you could also close other the 70s now it is harder to find work opportu- wood-working tools and the clothesline. My potential ‘‘bubble’’ opportunities, like food, nities. We both come from large families and apartment here is clean, maintained, suffi- and who knows what the investment nuts so we were unable to go to college for a de- cient but dark. It is on the north side of a will think of next? Speculation is well on the gree. Both our fathers were blue collar work- square red brick building. There is no room way to ruining our economy. ers who only went through grade school for my saws, my bicycle or my kayak. It is You should next enact serious legislation years. This was the norm for their growing too dark even for container plants. The to encourage conservation, and invest in an up years. trunk of my car is my storage room. It is expansion of proven alternative energy With cost of insurances for medical, home like living in a cave, and the building re- sources such as solar and wind power. and vehicle, we are paying out over $650.00 a minds me of a prison. I must have the lights You should NOT encourage investment in month. That is for the least amount we can on all the time, but the heat doesn’t cost as nuclear power. That, also, will take 20 years afford. Social Security gives us a small in- much as my home did and I do not have to to come online, therefore having no effect on crease in January and then takes it away pay for sewer, water and garbage. Now with our current needs. So far as I can see we have with the premiums to cover our Medicare in- the price of gas I also miss my family, my never found a way to dispose safely of the surance. This is over and above the amount church and my friends. I am trying to start waste. To encourage nuclear building will be listed above. a new life here. I really am. But starting all a very expensive subsidy for the nuclear in- My husband worked for Frontier Airlines over again this time is harder than all the dustry, but creating even more unpleasant for 26 years and we had put aside what we physical work I did on my home. problems for future generations. thought was an adequate amount to help us Yes, we need alternative sources of energy. You should encourage investment, with with the addition of the remaining work I have always known that. We need to build tax incentives, for technological research years added and without child costs. We also

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.042 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7625 had approximately $78,000 in shares in the ADDITIONAL STATEMENTS exceptional sporting culture of St. company through People Express. When my Louis and the State of Missouri, the husband was 50 years old, Mr Frank Lorenzo Roadies are an inspiration to, and an did his usual number on the airline industry CONGRATULATIONS TO ST. LOUIS excellent representation of, the great and placed Frontier into bankruptcy. Our ROADIES SOCCER TEAM people of St. Louis.∑ shares disappeared, our pension was pretty ∑ much stolen to put in his pocket and we were Mr. BOND. Mr. President, today I f congratulate the St. Louis Roadies soc- left with no real future. We tried for 2 years 100TH ANNIVERSARY OF THE CITY to survive and save our house in Boise to no cer team on their recent participation avail. in the Homeless USA Soccer Cup. The OF ALBANY Now enter the price increases to drive our Roadies were the first team ever from ∑ Mrs. BOXER. Mr. President, I take vehicles, heat our homes, and feed ourselves. St. Louis to participate in this special this opportunity to recognize the 100th The environmentalist have ‘done a number’ event, which was held last month here anniversary of the city of Albany, lo- on their fellow countrymen by shutting in Washington, DC. I had the privilege cated in Alameda County, CA. down the ability to use our own reserves to The city of Albany, formerly known help the country out. We are more fortunate and honor to meet personally the en- than a lot of our fellow men but we still are tire team and their coaches from Peter as Ocean View, was incorporated as struggling to make ends meet and see the and Paul Community Services in my Ocean View in September 1908. In 1909, need to cut back even more to survive. office here on Capitol Hill before their voters changed the name of the city to Our oldest granddaughter is getting mar- competition. While the team did not Albany in honor of the birthplace of ried in August in San Diego. We had plans to capture the title, I am proud of their the city’s first mayor, Frank Roberts. go down there for that. That will probably performance and representation of the This year, we celebrate its centennial not happen unless we go further into debt to St. Louis community and my home anniversary. Well-recognized for its purchase either fuel for our vehicle or an air- prominent landmark, Albany Hill, the line ticket which will also need fuel to get to State of Missouri. However, I am even Salt Lake City and back. We are greatly dis- prouder of their personal perseverance city of Albany has charmed residents turbed by the rich, lining their pockets at and commitment to self-improvement and visitors alike for decades. the expense of those who thought that we after experiencing the terrible plight of Situated on the eastern shore of the could retire and survive. Heaven help those homelessness. San Francisco Bay in northern Ala- who still have families to provide for. According to the organizers of the meda County, Albany’s waterfront has Let us open up our rich reserves, put the Homeless World Cup, about 77 percent undergone significant changes over the U.S. back into being a country that provides of participants in the 48-team tour- last 100 years. From the renovation of for its countrymen, with work in the oil the Albany Bulb to the city’s involve- fields, and a God-fearing, loving-your-fellow- nament go on to better their lives man country. Greed, pride, and selfish people through employment, housing, edu- ment in Eastshore State Park, the city are dictating what we do in the Senate, the cation and/or drug and alcohol treat- of Albany has taken dramatic steps to House, and those who pander to those who ment. The founders of the event believe promote a greener, more sustainable call the shots by ‘buying’ them off to take that it provides an opportunity for city. These efforts were rewarded in care of themselves. these men to express actively them- 2008 when Albany was named one of VERN & MARTHA. selves through organized competition California’s greenest cities. to build character and positive individ- Solano Avenue, the principal shop- f uality. Based on their performance, I ping street in Albany, traverses the city from east to west, while San Pablo RECOGNIZING DEL TINSLEY agree. The six-man team from St. Louis was Avenue, its other major commercial Mr. BARRASSO. Mr. President, it made up of men who were recently street, runs north to south. These two gives me great pleasure to recognize homeless. Unfortunately, many others streets account for the majority of the accomplishments of Del Tinsley; suffer from the plight of homelessness. commerce in the city. Solano Avenue the 2008 inductee into the Wyoming Ag- It is frankly a national tragedy that we is also host to the annual Solano ricultural Hall of Fame. can and must end. Nevertheless, the Stroll, which is held on the second Del’s fascination with agriculture spirit of the Roadies and others who Sunday of every September. This event began as a small boy. He spent his sum- participated in the Homeless Soccer began in 1974 and has since been des- mers helping ranchers in the commu- USA Cup gives us significant hope that ignated by the Library of Congress as a nity of Guernsey, WY. As the director we can end homelessness. National Local Legacy. Another local of the Wyoming Office of USDA Rural All six men and their coaches deserve landmark to be found in Albany is Development, Del’s enthusiasm for ag- high praise. I personally congratulate Golden Gate Fields, the only horse rac- riculture has become a lifelong career the six players, Oscar Grandberry, Dan- ing track in the San Francisco Bay dedicated to Wyoming’s farmers and iel Blue, Doug Carter, Labon Smith, Area. ranchers. Marcus Davis, and Vince Steiniger; and I congratulate the city of Albany on Del’s boyhood summers on the ranch the coaches, assistant coach Dena this special occasion of its 100th birth- soon developed into a successful tenure Emmanuelle, coach David Flomo, and day and salute its wonderful commu- selling advertising for the Wyoming coach Keith Deisner. nity spirit.∑ Stockman-Farmer. In 1990, Del went to Let me highlight one of the players f work building the newly established named Oscar Grandberry who played Wyoming Livestock Roundup from a goalie for the Roadies. His play earned CITY OF KINGSBURG’S 100TH little known publication to the must- him a spot on the U.S. national home- ANNIVERSARY have newspaper for every major imple- less team as an alternate. He is an ∑ Mrs. BOXER. Mr. President, I ask my ment dealer and livestock auction in amazing story of determination. Oscar colleagues to join me in celebrating the State. is a native Liberian and former child the 100th anniversary of the city of As director of the Rural Development soldier who is now on his way to com- Kingsburg, a family-oriented commu- office of the USDA, Del has success- pleting a second master’s degree from nity located in California’s San Joa- fully encouraged renewable energy de- St. Louis University. Oscar and Team quin Valley. velopment and business diversification USA will travel to Melbourne, Aus- The story about the city of within Wyoming’s agricultural indus- tralia, later this year to compete in the Kingsburg, like many other commu- try. sixth annual Homeless World Cup and I nities throughout the San Joaquin Val- Over the years, Del has been a voice wish them my best. ley, can be traced to its fertile soils, of wisdom for Wyoming’s farming and The Roadies placed third in the be- Mediterranean climate, and indus- ranching communities. ginners’ bracket of the USA Cup and trious population. In the early 1870s, I am pleased to honor Mr. Del earned the Cup’s Fair Play Award. This the lure of a better and more stable life Tinsley on the Senate floor today. Del award is annually granted to the team prompted two Swedish natives to settle is a true steward of the land. Del con- ‘‘showing the best in human spirit and in a Central Pacific Railroad town tinues to uphold the Wyoming heritage embodying what the tournament is all called Kings River Switch. In 1874, the of farming and ranching. about.’’ As an addition to the already site for the present-day town site was

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.044 S29JYPT1 erowe on PRODPC61 with SENATE S7626 CONGRESSIONAL RECORD — SENATE July 29, 2008 drawn up and the name was changed to the Regents of the University of Cali- Andrew Palmer, from Port Town- Kingsbury. Two years later, the name fornia as the seventh general campus send, was just 18 years old and on his was changed to Kingsburgh to reflect in the University of California system. first day of working the northern Cali- the Swedish heritage of many of the Since its inception as a U.C. campus, fornia fire line. He tragically lost his town’s residents. In 1894, the city’s Davis has become one of the most re- life when he was struck by a falling name took on its current spelling, nowned academic universities in the tree. He has been described as ‘‘ex- Kingsburg. On May 19, 1908, the city of Nation. In 1996, Davis joined the pres- tremely energetic’’ and ‘‘dedicated to Kingsburg officially became an incor- tigious Association of American Uni- his job.’’ porated city in Fresno County. versities, which represents the top 62 Both of these men clearly illustrate The city of Kingsburg has grown research universities in North Amer- the courage that firefighters across from a sleepy railroad town, at its ica. It has also been ranked by U.S. this country exemplify every time they founding, to a vibrant community of News and World Report as the 42nd best go to work . . . starting on day one. nearly 10,000 that rests in the middle of university in the United States and the An unknown firefighter once said, one of the most dynamic regions of 11th best public university in the Na- ‘‘What you call a hero, I just call doing California. Kingsburg is where Olympic tion. In addition, Washington Monthly my job.’’ legend Rafer Johnson and his brother, ranked U.C. Davis 8th among all U.S. So today I ask that all Washing- Pro Football Hall of Famer, Jimmy universities based on its contributions tonians, all Californians, and all Amer- Johnson, spent their formative years to society. icans pause to think about these two and honed their athletic skills. Today U.C. Davis offers its students 100 aca- men, their families, and the ultimate the city of Kingsburg proudly embraces demic majors and 86 graduate programs sacrifice they made just ‘‘doing their it Swedish heritage and its status as within its 4 colleges and 5 professional jobs’’ to protect their Californian the ‘‘Swedish Village.’’ The city’s land- schools. It currently ranks 14th in the neighbors. scape features distinctive Swedish ar- Nation in total research expenditures, They represent the best America has chitecture and brightly painted Dala 2nd in agricultural research, 12th in to offer: courage and selfless action. horses, traditional wooden statuettes life sciences, and 13th in biological Their service will not soon be forgot- of horses and a national symbol of Swe- sciences. Davis’ impressive faculty in- ten. den. clude 21 members of the National Acad- In fact, the deaths of these two brave If its first century is any indication, emy of Sciences, 13 members of the Washingtonians unequivocally reaf- it is clear that the city of Kingsburg American Academy of Arts and firms the need to continue to work to will continue to grow and reach new Sciences, 7 members of the National protect and prepare these brave Ameri- heights in the years to come. The story Academy of Engineering, 5 members of cans for the danger they face every of the city’s first one hundred years is the Institute of Medicine, 3 members of day. a testament to the value of commu- the Royal Society, 2 members of the Since 1910, more than 900 wildland nity. As the residents of Kingsburg American Academy of Arts and Let- firefighters have lost their lives in the gather to celebrate this auspicious oc- ters, 2 Pulitzer Prize winners, and 2 line of duty. And unless we take action casion, I congratulate them on their MacArthur fellows. U.C. Davis alumni that number will continue to grow centennial anniversary and wish them account for 1 in every 276 Californians, every summer we send these brave in- continued good fortune and success.∑ many of whom have gone on to become dividuals in to battle wildfires. f leaders in their fields of expertise. We must demand firefighter safety Today U.C. Davis has 30,000 students 100TH ANNIVERSARY OF THE UNI- and training programs receive the on the largest campus in the U.C. sys- VERSITY OF CALIFORNIA, DAVIS funding they need. tem spanning over 5,300 acres. U.C. We must track this training to en- ∑ Mrs. BOXER. Mr. President, I am Davis is the only U.C. campus with its sure that every firefighter is equipped pleased to recognize the 100th anniver- own airport and one of two campuses with the tools he or she needs to make sary of the University of California, with a nuclear laboratory and fire de- it home safely every time. It is our re- Davis. partment. The U.C. Davis School of sponsibility and obligation—to Dan U.C. Davis began as a public land- Medicine operates one of the Nation’s Packer, to Andrew Palmer, and to all grant university in 1905 when Cali- finest hospitals which is regularly firefighters across this country.∑ fornia Governor George Pardee signed ranked in the top 50 by U.S. News and into law an act establishing a univer- World Report. f sity farm school for the University of As the community, students, staff California. One year after the act was and alumni gather to celebrate U.C. signed, the small town of Davisville, CONGRATULATING CHERMACK Davis’s centennial anniversary, I would MACHINE, INC. today known as Davis, was selected as like to congratulate them and thank ∑ the site for the University Farm. The them for their outstanding commit- Mr. KOHL. Mr. President, I would campus was established largely due to ment to education.∑ like to congratulate Chermack Ma- chine, Inc., on its 75th anniversary. the vision of Peter J. Shields, then-sec- f retary of the California State Agri- Chermack Machine was founded in culture Society, who was dissatisfied HONORING DAN PACKER AND Cameron, WI, in 1933. It has played a by the fact California students were ANDY PALMER significant role in the defense of our choosing to attend out-of-state univer- ∑ Ms. CANTWELL. Mr. President, I Nation with manufacture of war mate- sities due to the lack of programs of- wish today to honor the bravery of two rials for the United States during fered by the University of California. fallen Washington State firefighters— World War II. The official opening of the University Dan Packer and Andrew Palmer. From humble beginnings, this busi- Farm was in January 1909 with a stu- They lost their lives this weekend ness has become a full service oper- dent body of 18 students from the Uni- battling the dangerous wildfires burn- ation specializing in assembly, weld- versity of California, Berkeley on a 778- ing in northern California. ing, automated sawing, custom proto- acre campus. The campus opened with Dan Packer fought fires for decades. typing, production machining and con- 16 regular instructors from U.C. Berke- He was chief of East Pierce Fire and ventional machining. Chermack Ma- ley’s College of Agriculture and 12 non- Rescue in the Bonney Lake area and a chine, Inc. is a wonderful example of resident instructors. In 1922, the Uni- former president of the Association of American small business where com- versity Farm was renamed the North- Washington Fire Chiefs. mitment to quality products and cus- ern Branch of the College of Agri- This weekend, he was supervising the tomer satisfaction are dominant busi- culture and expanded to 3,000 acres in firefighting efforts in California as a ness principles. 1951 to support its rapidly growing stu- member of an interagency emergency Chermack Machine’s dedication to dent body. management team when his position exceeding client expectations and help- In 1959, the Northern Branch of the was overrun by a wildfire following an ing our Nation compel me to congratu- College of Agriculture was declared by ‘‘unexpected shift in the wind.’’ late them on their 75th anniversary.∑

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.045 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7627 MESSAGES FROM THE HOUSE EC–7301. A communication from the Direc- ronmental Protection Agency, transmitting, tor, Defense Procurement, Acquisition Pol- pursuant to law, the report of a rule entitled icy, and Strategic Sourcing, Department of ‘‘Approval and Promulgation of Air Quality ENROLLED BILL SIGNED Defense, transmitting, pursuant to law, the Implementation Plans; Montana; Revisions report of a rule entitled ‘‘Conforming to the Administrative Rules of Montana-Air At 5:11 p.m., a message from the Changes- Standards of Conduct and Extraor- Quality, Incinerators’’ (FRL No. 8683-5) re- House of Representatives, delivered by dinary Contractual Actions’’ (RIN0750-AG01) ceived on July 28, 2008; to the Committee on Ms. Niland, one of its reading clerks, received on July 28, 2008; to the Committee Environment and Public Works. announced that the Speaker has signed on Armed Services. EC–7311. A communication from the Direc- the following enrolled bill: EC–7302. A communication from the Direc- tor, Regulatory Management Division, Envi- tor, Defense Procurement, Acquisition Pol- ronmental Protection Agency, transmitting, H.R. 3221. An act to provide needed housing icy, and Strategic Sourcing, Department of pursuant to law, the report of a rule entitled reform and for other purposes. Defense, transmitting, pursuant to law, the ‘‘Gentamicin; Pesticide Tolerance for Emer- The enrolled bill was subsequently report of a rule entitled ‘‘Conforming gency Exemptions’’ (FRL No. 8370-8) received signed by the president pro tempore Changes- Standards of Conduct and Extraor- on July 28, 2008; to the Committee on Envi- dinary Contractual Actions’’ (RIN0750-AF99) (Mr. BYRD). ronment and Public Works. received on July 28, 2008; to the Committee EC–7312. A communication from the Direc- on Armed Services. tor, Regulatory Management Division, Envi- At 6:59 p.m., a message from the EC–7303. A communication from the Direc- House of Representatives, delivered by ronmental Protection Agency, transmitting, tor, Defense Procurement, Acquisition Pol- pursuant to law, the report of a rule entitled Mrs.Cole, one of its reading clerks, an- icy, and Strategic Sourcing, Department of ‘‘Cyfluthrin; Pesticide Tolerances’’ (FRL No. nounced that the House has passed the Defense, transmitting, pursuant to law, the 8370-7) received on July 28, 2008; to the Com- following bill, in which it requests the report of a rule entitled ‘‘Small Business mittee on Environment and Public Works. concurrence of the Senate: Program Name Change’’ (RIN0750-AG00) re- EC–7313. A communication from the Direc- ceived on July 28, 2008; to the Committee on H.R. 6340. An act to designate the Federal tor, Regulatory Management Division, Envi- Armed Services. building and United States courthouse lo- ronmental Protection Agency, transmitting, EC–7304. A communication from the Sec- pursuant to law, the report of a rule entitled cated at 300 Quarropas Street in White retary of the Treasury, transmitting, pursu- Plains, New York, as the ‘‘Charles L. ‘‘Inert Ingredients: Extension of Effective ant to law, a six-month periodic report on Date of Revocation of Certain Tolerance Ex- Brieant, Jr., Federal Building and United the national emergency with respect to ter- States Courthouse’’. emptions with Insufficient Data for Reas- rorists who threaten to disrupt the Middle sessment’’ (FRL No. 8372-7) received on July f East peace process; to the Committee on 28, 2008; to the Committee on Environment Banking, Housing, and Urban Affairs. and Public Works. EXECUTIVE AND OTHER EC–7305. A communication from the Direc- EC–7314. A communication from the Direc- COMMUNICATIONS tor, Office of Management and Budget, Exec- tor, Regulatory Management Division, Envi- utive Office of the President, transmitting, The following communications were ronmental Protection Agency, transmitting, pursuant to law, a Mid-Session Review, con- pursuant to law, the report of a rule entitled laid before the Senate, together with taining revised estimates of receipts, out- ‘‘Pyraclostrobin; Pesticide Tolerance’’ (FRL accompanying papers, reports, and doc- lays, budge authority, and the budget deficit No. 8373-2) received on July 28, 2008; to the uments, and were referred as indicated: or surplus for fiscal years 2008 through 2013; Committee on Environment and Public EC–7296. A communication from the Ad- to the Committees on Appropriations; and Works. ministrator, Agricultural Marketing Serv- the Budget. EC–7306. A communication from the Dep- EC–7315. A communication from the Direc- ice, Fruit and Vegetable Programs, Depart- tor, Regulatory Management Division, Envi- ment of Agriculture, transmitting, pursuant uty Chief, Wireline Competition Bureau, Federal Communications Commission, trans- ronmental Protection Agency, transmitting, to law, the report of a rule entitled ‘‘Al- pursuant to law, the report of a rule entitled monds Grown in California; Relaxation of mitting, pursuant to law, the report of a rule entitled ‘‘Development of Nationwide ‘‘Revisions to the California State Imple- the Incoming Quality Control Require- mentation Plan, Ventura County Air Pollu- ments’’ (FV080981-1 IFR) received on July 28, Broadband Data to Evaluate Reasonable and Timely Deployment of Advanced Services to tion Control District’’ (FRL No. 8695-7) re- 2008; to the Committee on Agriculture, Nu- ceived on July 28, 2008; to the Committee on trition, and Forestry. All Americans, Improvement of Wireless Broadband Suscribership Data, and Develop- Environment and Public Works. EC–7297. A communication from the Ad- EC–7316. A communication from the Direc- ministrator, Agricultural Marketing Serv- ment of Data on Interconnected Voice over Internet Protocol (VoIP) Subscribership’’ tor, Regulatory Management Division, Envi- ice, Fruit and Vegetable Programs, Depart- ronmental Protection Agency, transmitting, ment of Agriculture, transmitting, pursuant (FCC 08-148) received on July 28, 2008; to the Committee on Commerce, Science, and pursuant to law, the report of a rule entitled to law, the report of a rule entitled ‘‘Nec- ‘‘Standards of Performance for Petroleum tarines and Peaches Grown in California; Transportation. EC–7307. A communication from the Dep- Refineries- Final Rule; Stay of Effective Changes in Handling Requirements for Fresh uty Chief, Wireline Competition Bureau, Date’’ (FRL No. 8698-3) received on July 28, Nectarines and Peaches’’ (FV08-916/917-1 FIR) Federal Communications Commission, trans- 2008; to the Committee on Environment and received on July 28, 2008; to the Committee mitting, pursuant to law, the report of a rule Public Works. on Agriculture, Nutrition, and Forestry. entitled ‘‘Development of Nationwide EC–7317. A communication from the Direc- EC–7298. A communication from the Ad- Broadband Data to Evaluate Reasonable and tor, Regulatory Management Division, Envi- ministrator, Agricultural Marketing Serv- Timely Deployment of Advanced Services to ronmental Protection Agency, transmitting, ice, Fruit and Vegetable Programs, Depart- All Americans, Improvement of Wireless pursuant to law, the report of a rule entitled ment of Agriculture, transmitting, pursuant Broadband Subscribership Data, and Devel- ‘‘Virginia: Final Authorization of State Haz- to law, the report of a rule entitled ‘‘Raisins opment of Data on Interconnected Voice ardous Waste Management Program Revi- Produced from Grapes Grown in California: over Internet Protocol (VoIP) sion’’ (FRL No. 8698-6) received on July 28, Revisions to Requirements Regarding Off- Subscribership’’ (FCC 08-89) received on July 2008; to the Committee on Environment and Grade Raisins’’ (FV07-989-4 FR) received on 28, 2008; to the Committee on Commerce, Public Works. July 28, 2008; to the Committee on Agri- Science, and Transportation. EC–7318. A communication from the Pro- culture, Nutrition, and Forestry. EC–7308. A communication from the Dep- gram Manager, Administration for Children EC–7299. A communication from the Under uty Division Chief, Public Saftey and Home- and Families, Department of Health and Secretary of Defense, transmitting a report land Security Bureau, Federal Communica- Human Services, transmitting, pursuant to on the approved retirement of Lieutenant tions Commission, transmitting, pursuant to law, the report of a rule entitled ‘‘Child Sup- General John W. Bergman, United States law, the report of a rule entitled ‘‘Commer- port Enforcement Program Medical Sup- Marine Corps Reserve, and his advancement cial Mobile Alert System, Second Report and port’’ (RIN0970-AC22) received on July 28, to the grade of lieutenant general on the re- Order’’ (FCC 08-164) received on July 28, 2008; 2008; to the Committee on Finance. tired list; to the Committee on Armed Serv- to the Committee on Commerce, Science, EC–7319. A communication from the Pro- ices. and Transportation. gram Manager, Administration for Children EC–7300. A communication from the Sec- EC–7309. A communication from the Direc- and Families, Department of Health and retary of the Navy, transmitting, pursuant tor, Regulatory Management Division, Envi- Human Services, transmitting, pursuant to to law, a report on the determination and ronmental Protection Agency, transmitting, law, the report of a rule entitled ‘‘Medicare findings on the authority to award a con- pursuant to law, the report of a rule entitled Program; Prohibition of Midyear Benefit En- tract for the depot level maintenance and re- ‘‘1-Methylcyclopropene; Pesticide Tolerance; hancements for Medicare Advantage Organi- pair of surface ship combatants located in Technical Correction’’ (FRL No. 8372-9) re- zations’’ (RIN0938-AO54) received on July 28, the Mayport homeport area, based on public ceived on July 28, 2008; to the Committee on 2008; to the Committee on Finance. interest exception to requirement for full Environment and Public Works. EC–7320. A communication from the Chief and open competition; to the Committee on EC–7310. A communication from the Direc- of the Publications and Regulations Branch, Armed Services. tor, Regulatory Management Division, Envi- Internal Revenue Service, Department of the

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.023 S29JYPT1 erowe on PRODPC61 with SENATE S7628 CONGRESSIONAL RECORD — SENATE July 29, 2008 Treasury, transmitting, pursuant to law, the 3/11/04, John Kerry for President; $25, 3/11/04, Class of Minister-Counselor, to be Ambas- report of a rule entitled ‘‘Bonus Depreciation A Lot of People Supporting Tom Daschle; sador Extraordinary and Plenipotentiary of for the Kansas Disaster Area’’ (Notice No. $25, 11/25/03, Jeffords for Vermont; $25, 11/12/ the United States of America to the Republic 2008-67) received on July 24, 2008; to the Com- 03, Democratic Senatorial Campaign Com- of the Congo. mittee on Finance. mittee; $25, 9/6/03, Senator Tom Daschle; $25, Nominee: Alan W. Eastham Jr. EC–7321. A communication from the Prin- 9/6/02, Democratic Senatorial Campaign Com- Post: Brazzaville. cipal Deputy Assistant Attorney General, mittee; $25, 7/1/02, Senator Jim Jeffords; $10, (The following is a list of all members of Department of Justice, transmitting two leg- 5/4/01, N.C. Dollars for Democrats; $25, 3/19/99, my immediate family and their spouses. I islative proposal relating to the implementa- Gephardt in Congress Committee. have asked each of these persons to inform tion of treaties concerning maritime ter- Note: My mother is traveling and does not me of the pertinent contributions made by rorism and the maritime transportation of have access to her financial records from them. To the best of my knowledge, the in- weapons of mass destruction; to the Com- 2005—2006. If she made any political con- formation contained in this report is com- mittee on the Judiciary. tributions during this period, she says it plete and accurate.) would not total more than $100.00. Contributions, Amount, Date, and Donee: f 5. Grandparents: N/A. 1. Self: Alan W. Eastham, None. REPORTS OF COMMITTEES 6. Brothers and Spouses: Andre 2. Spouse: Carolyn L. Eastham, None. Yovanovitch: None. 3. Children and Spouses: Mark A. Eastham, The following reports of committees 7. Sisters and Spouses: N/A. None; Michael S.G. Eastham, None. were submitted: 4. Parents: Alan W. Eastham, Deceased; Ruth C. Eastham, Deceased. By Mr. BIDEN, from the Committee on * Tatiana C. Gfoeller-Volkoff, of the Dis- 5. Grandparents: Thomas W. Eastham, De- Foreign Relations, without amendment and trict of Columbia, a Career Member of the ceased; Annie Jo Eastham, Deceased; Dewey with a preamble: Senior Foreign Service, Class of Counselor, T. Clayton, Deceased. S. Res. 618. A resolution recognizing the to be Ambassador Extraordinary and Pleni- 6. Brothers and Spouses: Thomas C. tenth anniversary of the bombings of the potentiary of the United States of America Eastham, None; Jenny Lea Eastham, None; United States embassies in Nairobi, Kenya to the Kyrgyz Republic. Craig L. Eastham, None; Dawne Deane, and Dar es Salaam, Tanzania, and memori- Nominee: Tatiana C. Gfoeller-Volkoff. None. alizing the citizens of the United States, Post: Bishkek. (The following is a list of all members of 7. Sisters and Spouses: None. Kenya, and Tanzania whose lives were my immediate family and their spouses. I claimed as a result of the al Qaeda led ter- have asked each of these persons to inform * James Christopher Swan, of California, a rorist attacks. me of the pertinent contributions made by Career Member of the Senior Foreign Serv- By Mr. LEAHY, from the Committee on them. To the best of my knowledge, the in- ice, Class of Counselor, to be Ambassador Ex- the Judiciary, without amendment: formation contained in this report is com- traordinary and Plenipotentiary of the S. 344. A bill to permit the televising of Su- plete and accurate.) United States of America to the Republic of preme Court proceedings. Contributions, Amount, Date, and Donee: Djibouti. By Mr. LEAHY, from the Committee on 1. Self: No contributions. Nominee: James Christopher Swan. the Judiciary, with an amendment in the na- 2. Spouse: $1,000, fall/2000, George W. Bush. Post: Djibouti. ture of a substitute: 3. Children and Spouses: No contributions. (The following is a list of all members of S. 1211. A bill to amend the Controlled Sub- 4. Parents: No contributions. my immediate family and their spouses. I stances Act to provide enhanced penalties 5. Grandparents: No contributions. have asked each of these persons to inform for marketing controlled substances to mi- 6. Brothers and Spouses: Have no brothers. me of the pertinent contributions made by nors. 7. Sisters and Spouses: Have no sisters. them. To the best of my knowledge, the in- S. 1515. A bill to establish a domestic vio- formation contained in this report is com- lence volunteer attorney network to rep- * W. Stuart Symington, of Missouri, a Ca- plete and accurate.) resent domestic violence victims. reer Member of the Senior Foreign Service, Contributions, Amount, Date, and Donee: S. 2041. A bill to amend the False Claims Class of Counselor, to be Ambassador Ex- 1. Self: none. Act. traordinary and Plenipotentiary of the 2. Spouse: none. S. 2136. A bill to address the treatment of United States of America to the Republic of 3. Children and Spouses: none. primary mortgages in bankruptcy, and for Rwanda. 4. Parents: none. other purposes. Nominee: W. Stuart Symington IV. 5. Grandparents: none. Post: Rwanda. 6. Brothers and Spouses: none. f (The following is a list of all members of 7. Sisters and Spouses: none. EXECUTIVE REPORTS OF my immediate family and their spouses. I * Michele Jeanne Sison, of Maryland, a Ca- COMMITTEES have asked each of these persons to inform me of the pertinent contributions made by reer Member of the Senior Foreign Service, The following executive reports of them. To the best of my knowledge, the in- Class of Minister-Counselor, to be Ambas- nominations were submitted: formation contained in this report is com- sador Extraordinary and Plenipotentiary of the United States of America to the Republic By Mr. BIDEN for the Committee on For- plete and accurate). of Lebanon. eign Relations. Contributions, Amount, Date, and Donee: Nominee: Michele J. Sison. *Marie L. Yovanovitch, of Connecticut, a 1. Self: None. Post: U.S. Ambassador to Lebanon. Career Member of the Senior Foreign Serv- 2. Spouse: None. 3. Children and Spouses: Jane W., and W. The following is a list of all members of ice, Class of Minister-Counselor, to be Am- Stuart Symington. my immediate family and their spouses. I bassador Extraordinary and Plenipotentiary 4. Parents: Stuart Symington, Jr.: $100, 3- have asked each of these persons to inform of the United States of America to the Re- 18-08, Skelton; $30, 1-20-08, Yale Bulldog me of the pertinent contributions made by public of Armenia. Democrats; $1,000, 1-27-07, Clinton; $50, 7-05- them. To the best of my knowledge, the in- Nominee: Marie L. Yovanovitch. 07, Dem. Sen. Committee; $500, 5-07-07, formation contained in this report is com- Post: Ambassador to Yerevan, Armenia. Obama $100, 7-01-05, Skelton; $500, 1-05-04, plete and accurate. (The following is a list of all members of Gephardt; $50, 10-04-04, W. Lacy Clay. Contributions, Amount, Date, and Donee: my immediate family and their spouses. I Janey B. Symington: None. 1. Self: None. have asked each of these persons to inform 5. Grandparents: W. Stuart Symington: De- 2. Spouse: N/A. me of the pertinent contributions made by ceased. 3. Children and Spouses: Alexandra K. them. To the best of my knowledge, the in- Evelyn Wadsworth Symington: Deceased. Knight: None. Jessica E. Knight: None. formation contained in this report is com- Sidney M. Studt: Deceased. 4. Parents: Pastor B. Sison: None. Veronica plete and accurate.) Jane S. Studt: Deceased. T. Sison: None. Contributions, Amount, Date, and Donee: 6. Brothers and Spouses: Sidney S. Sy- 5. Grandparents: Deceased. 1. Self: $50, 4/7/02, Cole for Congress; $50, 4/ mington: None. 6. Brothers and Spouses: No brothers. 7/02, Herseth for Congress; $50, 4/7/02, Martha Wadsworth: None. 7. Sisters and Spouses: Victoria Sison Carnahan for Congress; $100, 3/3/01, Watson John S. Symington: $2100, 2005, Klobuchar Morimoto and Miles Morimoto: None. for Congress; $100, 11/11/00, Clinton for Sen- for Minnesota; $200, 2004, Kerry. Cynthia Sison Morrissey and Patrick ate; $100, 11/11/00, Coyne-McCoy for Congress; Margaret Symington: $2000, 2005, Morrissey: $200 (2004)/$50 (2005)/$100 (2006)/$100 $100, 5/7/00, Gore for President; $100, 8/26/00, Klobucher for Minnesota; $2000, 2006, (2007) to Democratic National Committee. Gore-Lieberman Campaign. Klobuchar; $300, 2004, Kerry; $100, 2004, 2. Spouse: N/A. Emily’s list. *David D. Pearce, of Virginia, a Career 3. Children and Spouses: N/A. 7. Sisters and Spouses: Anne W. Syming- Member of the Senior Foreign Service, Class 4. Parents: Michel and Nadia Yovanovitch: ton: Deceased. of Minister-Counselor, to be Ambassador Ex- $25, 6/2/07, Hillary for President; $25, 6/2/07, traordinary and Plenipotentiary of the NC Democratic Party; $35, 3/11/04, Demo- * Alan W. Eastham, Jr., of Arkansas, a Ca- United States of America to the People’s cratic Senatorial Campaign Committee; $35, reer Member of the Senior Foreign Service, Democratic Republic of Algeria.

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.027 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7629 Nominee: David D. Pearce. Jayne Simon: None. By Mr. CHAMBLISS (for himself, Mr. Post: Algeria. 4. Parents: Barry Simon: $1,000, 2006, Norm REED, and Mr. ISAKSON): (The following is a list of all members of Coleman for Senate; $4,000, 2007–08, Obama S. 3356. A bill to require the Secretary of my immediate family and their spouses. I for President. the Treasury to mint coins in commemora- have asked each of these persons to inform Hinda Simon: $1,000, 2004, John Kerry for tion of the legacy of the United States Army me of the pertinent contributions made by President; $100, 2007, Hillary Clinton for Infantry and the establishment of the Na- them. To the best of my knowledge, the in- President; $4,000, 2007–08, Obama for Presi- tional Infantry Museum and Soldier Center; formation contained in this report is com- dent. to the Committee on Banking, Housing, and plete and accurate.) 5. Grandparents: Rhoda Simon: Deceased. Urban Affairs. Contributions, amount, date, and donee: Alfred Simon: Deceased. By Ms. COLLINS: 1. Self: None. Irving Bookstaber: Deceased. S. 3357. A bill to extend the temporary sus- 2. Spouse: None. Olga Bookstaber: Deceased. pension of duty on certain rayon staple fi- 3. Children and Spouses Names: Jennifer 6. Brothers and Spouses: Alan Simon: bers; to the Committee on Finance. Eva Pearce: None. None. By Mr. REID (for Mr. OBAMA): Joseph Alan Pearce: None. Eric Simon: $500, 2004, Kerry for President; S. 3358. A bill to provide for enhanced food- 4. Parents Names: D. Duane Pearce: None. $800, 2008, Obama for President. borne illness surveillance and food safety ca- Mary Jean Pearce: None. Christina Elia Simon: $500, 2004, Kerry for pacity; to the Committee on Health, Edu- 5. Grandparents Names: Howard A. Pearce: President. cation, Labor, and Pensions. Deceased. 7. Sisters and Spouses: None. By Ms. CANTWELL (for herself and Muriel Pearce: Deceased. Mr. SMITH): Joseph Little: Deceased. *Mimi Alemayehou, of the District of Co- S. 3359. A bill to amend the Internal Rev- Urania Little: Deceased. lumbia, to be United States Director of the enue Code of 1986 to repeal the shipping in- 6. Brothers and Spouses Names: Michael African Development Bank for a term of five vestment withdrawal rules in section 955 and Pearce: None. years. to provide an incentive to reinvest foreign sp: Kathleen Pearce: None. *Miguel R. San Juan, of Texas, to be shipping earnings in the United States; to Jonathan Pearce: None. United States Executive Director of the the Committee on Finance. sp: Robyn Pearce: None. Inter-American Development Bank for a By Mr. DURBIN (for himself and Mr. Christopher Pearce: None. term of three years. CARPER): 7. Sisters and Spouses Names: Elizabeth *Patrick J. Durkin, of Connecticut, to be a S. 3360. A bill to increase the availability Hunt: None. Member of the Board of Directors of the of domestically manufactured passenger cars sp: David Hunt: None. Overseas Private Investment Corporation for for intercity passenger rail service, and for a term expiring December 17, 2009. other purposes; to the Committee on Fi- *Richard G. Olson, Jr., of New Mexico, a *Kenneth L. Peel, of Maryland, to be nance. Career Member of the Senior Foreign Serv- United States Director of the European Bank By Mr. VITTER: ice, Class of Counselor, to be Ambassador Ex- for Reconstruction and Development. S. 3361. A bill to amend title IV of the So- traordinary and Plenipotentiary of the *John W. Leslie, Jr., of Connecticut, to be cial Security Act to require States to imple- United States of America to the United Arab a Member of the Board of Directors of the ment a drug testing program for applicants Emirates. African Development Foundation for a term for and recipients of assistance under the Nominee Richard G. Olson, Jr. expiring September 22, 2013. Temporary Assistance for Needy Families Post Embassy Abu Dhabi *John O. Agwunobi, of Florida, to be a (TANF) program; to the Committee on Fi- (The following is a list of all members of Member of the Board of Directors of the Afri- nance. my immediate family and their spouses. I can Development Foundation for a term ex- By Mr. KERRY (for himself and Ms. piring February 9, 2014. have asked each of these persons to inform SNOWE): me of the pertinent contributions made by *Julius E. Coles, of Georgia, to be a Mem- S. 3362. A bill to reauthorize and improve them. To the best of my knowledge, the in- ber of the Board of Directors of the African the SBIR and STTR programs, and for other formation contained in this report is com- Development Foundation for a term expiring purposes; to the Committee on Small Busi- plete and accurate.) September 22, 2011. ness and Entrepreneurship. *Morgan W. Davis, of California, to be a Contributions, amount, date, and donee: f 1. Self: None. Member of the Board of Directors of the Afri- 2. Spouse: None. can Development Foundation for a term ex- SUBMISSION OF CONCURRENT AND 3. Children and Spouses: None. piring November 13, 2013. SENATE RESOLUTIONS 4. Parents: Richard and Barbara Olson: *Peter Robert Kann, of New Jersey, to be a May have contributed to Minnesota Repub- Member of the Broadcasting Board of Gov- The following concurrent resolutions lican Party prior to their deaths in early ernors for a term expiring August 13, 2010. and Senate resolutions were read, and 1980s. *Michael Meehan, of Virginia, to be a referred (or acted upon), as indicated: Member of the Broadcasting Board of Gov- 5. Grandparents: Unknown, deceased by By Mr. LUGAR (for himself and Mr. ernors for a term expiring August 13, 2010. 1972. BIDEN): *Nomination was reported with recommendation 6. Brothers and Spouses: Philip and Elisa that it be confirmed subject to the nominee’s com- S. Res. 629. A resolution honoring the life Olson: Minimal, Before 2004, Republican and mitment to respond to requests to appear and tes- of, and expressing the condolences of the Democratic Candidates in State of Wash- tify before any duly constituted committee of the Senate on the passing of, Bronislaw ington. Minimal, Before 2004, Microsoft PAC. Senate. Geremek; to the Committee on the Judici- 7. Sisters and Spouses: None. f ary. By Mrs. CLINTON (for herself, Ms. *John A. Simon, of Maryland, to be Rep- INTRODUCTION OF BILLS AND LANDRIEU, Mr. CASEY, Mrs. BOXER, resentative of the United States of America JOINT RESOLUTIONS and Mrs. MURRAY): to the African Union, with the rank and sta- The following bills and joint resolu- S. Res. 630. A resolution recognizing the importance of connecting foster youth to the tus of Ambassador Extraordinary and Pleni- tions were introduced, read the first potentiary. workforce through internship programs, and Nominee: John A. Simon. and second times by unanimous con- encouraging employers to increase employ- Post: Ambassador to the Africa Union. sent, and referred as indicated: ment of former foster youth; to the Com- (The following is a list of all members of By Mr. CASEY: mittee on Health, Education, Labor, and my immediate family and their spouses. I S. 3353. A bill to provide temporary finan- Pensions. have asked each of these persons to inform cial relief for rural school districts adversely By Mrs. BOXER (for herself, Mr. me of the pertinent contributions made by impacted by the current energy crisis, and WHITEHOUSE, Mr. LAUTENBERG, Ms. them. To the best of my knowledge, the in- for other purposes; to the Committee on KLOBUCHAR, and Mr. SANDERS): formation contained in this report is com- Health, Education, Labor, and Pensions. S. Res. 631. A resolution expressing the plete and accurate.) By Mr. ENZI: sense of the Senate that the Senate has lost Contributions, amount, date, and donee: S. 3354. A bill to award grants for the es- confidence in the Administrator of the Envi- 1. Self: $100, 9/24/04, Rep. National Com- tablishment of demonstration programs to ronmental Protection Agency, Stephen L. mittee; $105, 10/23/06, Rep. National Com- enable States to develop volunteer health Johnson, that the Administrator should re- mittee; $105, 11/6/06, Rep. National Com- care programs; to the Committee on Health, sign his position immediately, and that the mittee; $100, 6/14/07, Rep. National Com- Education, Labor, and Pensions. Department of Justice should open an inves- mittee; $100, 1/16/08, Rep. National Com- By Mr. TESTER (for himself and Mr. tigation into the veracity of his congres- mittee; $100, 1/24/08, John McCain 2008. BAUCUS): sional testimony regarding the California 2. Spouse: Laura Simon: None. S. 3355. A bill to authorize the Crow Tribe waiver decision and pursue any prosecutorial 3. Children and Spouses: Will Simon: None. of Indians water rights settlement, and for action the Department determines to be war- Leo Simon: None. other purposes; to the Committee on Indian ranted; to the Committee on Environment Maya Simon: None. Affairs. and Public Works.

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.062 S29JYPT1 erowe on PRODPC61 with SENATE S7630 CONGRESSIONAL RECORD — SENATE July 29, 2008 By Mr. REID (for Mr. OBAMA (for him- 2227, a bill to provide grants to States SNOWE) was added as a cosponsor of S. self and Mr. SPECTER)): to ensure that all students in the mid- 2689, a bill to amend section 411h of S. Con. Res. 96. A concurrent resolution dle grades are taught an academically title 37, United States Code, to provide commemorating Irena Sendler, a woman whose bravery saved the lives of thousands rigorous curriculum with effective sup- travel and transportation allowances during the Holocaust and remembering her ports so that students complete the for family members of members of the legacy of courage, selflessness, and hope; to middle grades prepared for success in uniformed services with serious inpa- the Committee on the Judiciary. high school and postsecondary endeav- tient psychiatric conditions. f ors, to improve State and district poli- S. 2774 cies and programs relating to the aca- At the request of Mr. LEAHY, the ADDITIONAL COSPONSORS demic achievement of students in the name of the Senator from Florida (Mr. S. 394 middle grades, to develop and imple- NELSON) was added as a cosponsor of S. At the request of Mr. AKAKA, the ment effective middle school models 2774, a bill to provide for the appoint- name of the Senator from Maryland for struggling students, and for other ment of additional Federal circuit and (Ms. MIKULSKI) was added as a cospon- purposes. district judges, and for other purposes. sor of S. 394, a bill to amend the Hu- S. 2372 S. 2776 mane Methods of Livestock Slaughter At the request of Mr. SMITH, the At the request of Ms. CANTWELL, the Act of 1958 to ensure the humane name of the Senator from Maine (Ms. name of the Senator from Delaware slaughter of nonambulatory livestock, COLLINS) was added as a cosponsor of S. (Mr. BIDEN) was added as a cosponsor of and for other purposes. 2372, a bill to amend the Harmonized S. 2776, a bill to provide duty-free S. 886 Tariff Schedule of the United States to treatment for certain goods from des- At the request of Mr. BINGAMAN, the modify the tariffs on certain footwear. ignated Reconstruction Opportunity name of the Senator from Rhode Island S. 2453 Zones in Afghanistan and Pakistan, (Mr. WHITEHOUSE) was added as a co- At the request of Mr. ALEXANDER, the and for other purposes. sponsor of S. 886, a bill to amend chap- name of the Senator from Georgia (Mr. S. 2868 ter 22 of title 44, United States Code, CHAMBLISS) was added as a cosponsor of At the request of Mr. GREGG, the popularly known as the Presidential S. 2453, a bill to amend title VII of the name of the Senator from Idaho (Mr. Records Act, to establish procedures Civil Rights Act of 1964 to clarify re- CRAPO) was added as a cosponsor of S. for the consideration of claims of con- quirements relating to nondiscrimina- 2868, a bill to amend title II of the Im- stitutionally based privilege against tion on the basis of national origin. migration and Nationality Act to re- disclosure of Presidential records. S. 2505 place the diversity visa lottery pro- S. 1204 At the request of Ms. CANTWELL, the gram with a program that issues visas At the request of Mr. DODD, the name name of the Senator from Connecticut to aliens with an advanced degree. of the Senator from Indiana (Mr. (Mr. DODD) was added as a cosponsor of S. 2942 LUGAR) was added as a cosponsor of S. S. 2505, a bill to allow employees of a At the request of Mr. CARDIN, the 1204, a bill to enhance Federal efforts commercial passenger airline carrier name of the Senator from Georgia (Mr. focused on public awareness and edu- who receive payments in a bankruptcy CHAMBLISS) was added as a cosponsor of cation about the risks and dangers as- proceeding to roll over such payments S. 2942, a bill to authorize funding for sociated with Shaken Baby Syndrome. into an individual retirement plan, and the National Advocacy Center. S. 1243 for other purposes. S. 3038 At the request of Mr. KERRY, the S. 2510 At the request of Mr. GRASSLEY, the name of the Senator from Vermont At the request of Ms. LANDRIEU, the names of the Senator from Ohio (Mr. (Mr. SANDERS) was added as a cospon- name of the Senator from Wisconsin VOINOVICH) and the Senator from Ar- sor of S. 1243, a bill to amend title 10, (Mr. KOHL) was added as a cosponsor of kansas (Mr. PRYOR) were added as co- United States Code, to reduce the age S. 2510, a bill to amend the Public sponsors of S. 3038, a bill to amend part for receipt of military retired pay for Health Service Act to provide revised E of title IV of the Social Security Act nonregular service from 60 years of age standards for quality assurance in to extend the adoption incentives pro- to 55 years of age. screening and evaluation of gram, to authorize States to establish S. 1270 gynecologic cytology preparations, and a relative guardianship program, to At the request of Mr. AKAKA, the for other purposes. promote the adoption of children with name of the Senator from Connecticut S. 2579 special needs, and for other purposes. (Mr. DODD) was added as a cosponsor of At the request of Mr. INOUYE, the S. 3061 S. 1270, a bill to amend title IV of the names of the Senator from Nevada (Mr. At the request of Mr. BIDEN, the Employee Retirement Income Security ENSIGN), the Senator from North Da- names of the Senator from Illinois (Mr. Act of 1974 to require the Pension Ben- kota (Mr. CONRAD) and the Senator DURBIN) and the Senator from Cali- efit Guaranty Corporation, in the case from Pennsylvania (Mr. CASEY) were fornia (Mrs. FEINSTEIN) were added as of airline pilots who are required by added as cosponsors of S. 2579, a bill to cosponsors of S. 3061, a bill to authorize regulation to retire at age 60, to com- require the Secretary of the Treasury appropriations for fiscal years 2008 pute the actuarial value of monthly to mint coins in recognition and cele- through 2011 for the Trafficking Vic- benefits in the form of a life annuity bration of the establishment of the tims Protection Act of 2000, to enhance commencing at age 60. United States Army in 1775, to honor measures to combat trafficking in per- S. 1681 the American soldier of both today and sons, and for other purposes. At the request of Mr. DODD, the name yesterday, in wartime and in peace, S. 3073 of the Senator from Illinois (Mr. DUR- and to commemorate the traditions, At the request of Mr. CORNYN, the BIN) was added as a cosponsor of S. 1681, history, and heritage of the United name of the Senator from Idaho (Mr. a bill to provide for a paid family and States Army and its role in American CRAPO) was added as a cosponsor of S. medical leave insurance program, and society, from the colonial period to 3073, a bill to amend the Uniformed and for other purposes. today. Overseas Citizens Absentee Voting Act S. 1865 S. 2639 to improve procedures for the collec- At the request of Mr. SCHUMER, the At the request of Mr. JOHNSON, the tion and delivery of absentee ballots of name of the Senator from New Jersey name of the Senator from West Vir- absent overseas uniformed services (Mr. MENENDEZ) was added as a cospon- ginia (Mr. ROCKEFELLER) was added as voters, and for other purposes. sor of S. 1865, a bill to provide for man- a cosponsor of S. 2639, a bill to amend S. 3142 datory availability of life insurance title 38, United States Code, to provide At the request of Mr. DODD, his name that does not preclude future lawful for an assured adequate level of fund- was added as a cosponsor of S. 3142, a travel, and for other purposes. ing for veterans health care. bill to amend the Public Health Serv- S. 2227 S. 2689 ice Act to enhance public health activi- At the request of Ms. KLOBUCHAR, her At the request of Mr. SMITH, the ties related to stillbirth and sudden un- name was added as a cosponsor of S. name of the Senator from Maine (Ms. expected infant death.

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.028 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7631 At the request of Mr. BAYH, his name Res. 618, a resolution recognizing the AMENDMENT NO. 5249 was added as a cosponsor of S. 3142, tenth anniversary of the bombings of At the request of Mr. BROWNBACK, the supra. the United States embassies in Nairobi, name of the Senator from Colorado S. 3198 Kenya and Dar es Salaam, Tanzania, (Mr. SALAZAR) was added as a cospon- At the request of Mr. LAUTENBERG, and memorializing the citizens of the sor of amendment No. 5249 intended to the names of the Senator from Dela- United States, Kenya, and Tanzania be proposed to S. 3268, a bill to amend ware (Mr. BIDEN) and the Senator from whose lives were claimed as a result of the Commodity Exchange Act, to pre- Massachusetts (Mr. KERRY) were added the al Qaeda led terrorist attacks. vent excessive price speculation with as cosponsors of S. 3198, a bill to amend S. RES. 625 respect to energy commodities, and for title 46, United States Code, with re- At the request of Mr. HAGEL, the other purposes. spect to the navigation of submersible names of the Senator from Kentucky f or semi-submersible vessels without (Mr. BUNNING), the Senator from Mis- STATEMENTS ON INTRODUCED nationality. sissippi (Mr. COCHRAN), the Senator BILLS AND JOINT RESOLUTIONS S. 3271 from North Carolina (Mrs. DOLE), the Senator from Oklahoma (Mr. INHOFE), By Mr. ENZI: At the request of Mr. INHOFE, the S. 3354. A bill to award grants for the name of the Senator from Oklahoma the Senator from Louisiana (Ms. LANDRIEU), the Senator from Con- establishment of demonstration pro- (Mr. COBURN) was added as a cosponsor grams to enable States to develop vol- of S. 3271, a bill to amend the definition necticut (Mr. LIEBERMAN), the Senator from Alaska (Ms. MURKOWSKI) and the unteer health care programs; to the of commercial motor vehicle in section Committee on Health, Education, 31101 of title 49, United States Code, to Senator from Washington (Mrs. MUR- RAY) were added as cosponsors of S. Labor, and Pensions. exclude certain farm vehicles, and for Mr. ENZI. Mr. President, I rise to dis- other purposes. Res. 625, a resolution designating Au- gust 16, 2008, as National Airborne Day. cuss the importance of ensuring the S. 3299 people of our Nation have access to S. RES. 626 At the request of Mr. ENSIGN, the health care and what the Senate can do At the request of Mr. VITTER, the name of the Senator from Idaho (Mr. today to help the neediest people get name of the Senator from South Caro- CRAIG) was added as a cosponsor of S. the kind of care they need and are enti- lina (Mr. GRAHAM) was added as a co- 3299, a bill to amend title 38, United tled to. sponsor of S. Res. 626, a resolution ex- States Code, to extend the demonstra- There are currently 61 million Ameri- pressing the sense of the Senate that tion project on adjustable rate mort- cans who are either uninsured or the Supreme Court of the United gages and the demonstration project on underinsured. These people, many of States erroneously decided Kennedy v. hybrid adjustable rate mortgages. whom are working and have families to Louisiana, No. 07–343 (2008), and that S. 3310 care for, may have limited access to the eighth amendment to the Constitu- At the request of Mr. WYDEN, the the kind of routine health care and tion of the United States allows the name of the Senator from New Jersey nonemergency services so many of us imposition of the death penalty for the (Mr. MENENDEZ) was added as a cospon- take for granted. rape of a child. sor of S. 3310, a bill to provide benefits Fortunately, at the present time, under the Post-Development/Mobiliza- S. RES. 627 there is a large, vital network of health tion Respite Absence program for cer- At the request of Mr. NELSON of Flor- care providers in this country who are tain periods before the implementation ida, the names of the Senator from doing their best to address this need of the program. Massachusetts (Mr. KERRY), the Sen- and provide care to this underserved ator from Rhode Island (Mr. S. 3323 population. We don’t talk about this WHITEHOUSE) and the Senator from Illi- At the request of Mr. GREGG, the network much, as the Federal Govern- nois (Mr. DURBIN) were added as co- name of the Senator from Connecticut ment does not pay for it. sponsors of S. Res. 627, a resolution It is made up of volunteers, hundreds (Mr. LIEBERMAN) was added as a co- welcoming home Keith Stansell, Thom- sponsor of S. 3323, a bill to provide of thousands of health care providers, as Howes, and Marc Gonsalves, three working across America, in almost weatherization and home heating as- citizens of the United States who were sistance to low income households, and every community, volunteering their held hostage for over five years by the expertise and donating their time to to provide a heating oil tax credit for Revolutionary Armed Forces of Colom- middle income households. help those in need. These people are bia (FARC) after their plane crashed on physicians, dentists, nurses, optom- S. 3351 February 13, 2003. etrists and chiropractors, to name a At the request of Mr. BIDEN, the AMENDMENT NO. 5063 few of the professions that are rep- name of the Senator from South Caro- At the request of Mr. SMITH, the resented in this group. Hospitals and lina (Mr. GRAHAM) was added as a co- name of the Senator from Maine (Ms. outpatient surgical centers are also sponsor of S. 3351, a bill to enhance SNOWE) was added as a cosponsor of contributing to the effort. drug trafficking interdiction by cre- amendment No. 5063 intended to be pro- Caring for our neighbor has always ating a Federal felony for operating or posed to S. 3001, an original bill to au- been a basic value for us as Americans. embarking in a submersible or semi- thorize appropriations for fiscal year My mother always told me that the submersible vessel without nationality 2009 for military activities of the De- service we provide to others is the rent and on an international voyage. partment of Defense, for military con- we pay for the space we take up on S. RES. 615 struction, and for defense activities of God’s green earth. The people who are At the request of Mr. MENENDEZ, the the Department of Energy, to prescribe participating in this network of care name of the Senator from Illinois (Mr. military personnel strengths for such have taken that philosophy to heart DURBIN) was added as a cosponsor of S. fiscal year, and for other purposes. and we are all the beneficiaries of their Res. 615, a resolution urging the Gov- AMENDMENT NO. 5131 efforts. They are making a difference ernment of Turkey to respect the At the request of Mr. BUNNING, the in more lives than we will ever know. rights and religious freedoms of the Ec- names of the Senator from Mississippi We have all heard the saying that umenical Patriarchate of the Orthodox (Mr. COCHRAN), the Senator from Wyo- charity begins at home, and while it is Christian Church. ming (Mr. BARRASSO), the Senator from an important part of any effort to ad- S. RES. 618 Wyoming (Mr. ENZI) and the Senator dress a need in our towns and cities, I At the request of Mr. LUGAR, the from Mississippi (Mr. WICKER) were am not suggesting that it is the final names of the Senator from New Hamp- added as cosponsors of amendment No. answer to correct the social injustices shire (Mr. SUNUNU), the Senator from 5131 intended to be proposed to S. 3268, that exist in the world. We all realize South Carolina (Mr. DEMINT), the Sen- a bill to amend the Commodity Ex- that too many Americans lack health ator from Wisconsin (Mr. FEINGOLD) change Act, to prevent excessive price insurance, and that health care reform and the Senator from Maryland (Mr. speculation with respect to energy is a top priority for Congress. America CARDIN) were added as cosponsors of S. commodities, and for other purposes. needs health care reform, and I have a

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.036 S29JYPT1 erowe on PRODPC61 with SENATE S7632 CONGRESSIONAL RECORD — SENATE July 29, 2008 plan to put that into action in my 10 that would accept medical liability for ‘‘(B) ensure that the health and dental care Steps bill. volunteer medical providers. These under paragraph (1) is provided by qualified As we work on health care reform programs would protect providers from healthcare providers that do not receive any and all it entails, we can also do some- liability claims, while also ensuring form of compensation or reimbursement for thing to help provide some support and the provision of such care; that injured patients could recover ‘‘(C) sovereign immunity is extended to encouragement to the volunteer effort damages. This bill addresses both draw- qualified healthcare providers (as defined in I have just described. Government has backs of the current Federal volunteer paragraph (2)) for the provision of care to eli- a role to play and it is to facilitate the law, it does so at a minimal cost to gible individuals under the State program care that is provided to those who need Federal and state governments, and it under this section; it so badly by those who are willing to has a proven record of working. The ‘‘(D) the State will agree not to impose any freely offer it to them. passage of this bill will take us one additional limitations or restrictions on the As with so many things, there is a step closer to ensuring access to qual- recovery of damages for negligent acts, other catch, and that is why I am intro- than those in effect on date of the establish- ity health care for all Americans. ment of the demonstration program; ducing my Volunteer Health Care Act Mr. President, I ask unanimous con- ‘‘(E) the State will use more than 5 percent of 2008. My bill will remove a legal bar- sent that the text of the bill be printed of amounts received under the grant to con- rier that currently prevents physicians in the RECORD. duct an annual evaluation, and submit to the and health care professionals from vol- There being no objection, the text of Secretary a report concerning such evalua- unteering their services to individuals the bill was ordered to be printed in tion, of the State program and the activities who either can’t afford or can’t access the RECORD, as follows: carried out under the State program. even the most basic of care. There is an S. 3354 ‘‘(2) QUALIFIED HEALTHCARE PROVIDERS.— ‘‘(A) IN GENERAL.—The term ‘qualified overwhelming need for medical volun- Be it enacted by the Senate and House of Rep- healthcare provider’ means a healthcare pro- resentatives of the United States of America in teers to work with the poor in the vider described in subparagraph (B) that— Congress assembled, United States, but medical liability ‘‘(i) is licensed by the State to provide the concerns discourage many doctors from SECTION 1. SHORT TITLE. care involved and is providing such care in providing voluntary services. This bill This Act may be cited as the ‘‘Volunteer good faith while acting within the scope of will help provide access for the dis- Health Care Program Act of 2008’’. the provider’s training and practice; advantaged and provide them with the SEC. 2. PURPOSES. ‘‘(ii) is in good standing with respect to It is the purpose of this Act to provide such license and not on probation; care they so desperately need. In re- grants to States to— turn, it will help to alleviate the con- ‘‘(iii) is not, or has not been, subject to (1) promote access to quality health and Medicare or Medicaid sanctions under title cerns of health care providers who dental care for the medically underserved XVIII or XIX of the Social Security Act; and want to share their talents with the and uninsured through the commitment of ‘‘(iv) is authorized by the State to provide people of their community and give volunteers; and health or dental care services under the something back to make their part of (2) encourage and enable healthcare pro- State program under this section. the world a better place to live. viders to provide health services to eligible ‘‘(B) PROVIDER DESCRIBED.—A healthcare This legislation addresses the situa- individuals by providing sovereign immunity provider described in this subparagraph in- tion in a way that is fair to the pa- protection for the provision of uncompen- cludes— sated services. tient. It provides an avenue to recover ‘‘(i) an ambulatory surgical center; SEC. 3. GRANTS TO STATES TO ESTABLISH AND damages if, by chance, some harm is ‘‘(ii) a hospital or nursing home; EVALUATE HEALTHCARE VOLUN- ‘‘(iii) a physician or physician of osteo- done. It makes use of a formula that TEER INDEMNITY PROGRAMS. pathic medicine; Part P of title III of the Public Health has been tried before and been proven ‘‘(iv) a physician assistant; Service Act (42 U.S.C. 280g et seq.) is amend- to be effective. ‘‘(v) a chiropractic practitioner; ed by adding at the end the following: I have said before that States are the ‘‘(vi) a physical therapist; laboratories for the Federal Govern- ‘‘SEC. 399R. GRANTS TO STATES TO ESTABLISH ‘‘(vii) a registered nurse, nurse midwife, li- AND EVALUATE HEALTHCARE VOL- ment. We know the positive effects UNTEER INDEMNITY PROGRAMS. censed practical nurse, or advanced reg- istered nurse practitioner; that this program can provide because ‘‘(a) IN GENERAL.—The Secretary shall a few States have been using it for award a grant to an eligible State to enable ‘‘(viii) a dentist or dental hygienist; more than 10 years. Since the State of such State to establish a demonstration pro- ‘‘(ix) a professional association, profes- sional corporation, limited liability com- Florida started such a program 16 gram to— ‘‘(1) promote access to quality health and pany, limited liability partnership, or other years ago, more than 20,000 health care entity that provides, or has members that volunteers have provided more than $1 dental care for the medically underserved and uninsured through the commitment of provide, health or dental care services; billion worth of charity care at free volunteer healthcare providers; and ‘‘(x) a non-profit corporation qualified as clinics, community health and migrant ‘‘(2) encourage and enable healthcare pro- exempt from Federal income taxation under worker clinics, and with other indigent viders to provide health services to eligible section 501(c) of the Internal Revenue Code clinics to provide health care that individuals, and ensure that eligible individ- of 1986; and would otherwise not be available. This uals have the right to recover damages for ‘‘(xi) a federally funded community health center, volunteer corporation, or volunteer program calls for minimal expense, but medical malpractice (in accordance with State law) by providing sovereign immunity health care provider that provides health or it has the potential for a huge return. dental care services. Eight other States have enacted this protection for the provision of uncompen- sated services. ‘‘(d) PRIORITY.—Priority in awarding program and have had excellent re- ‘‘(b) ELIGIBILITY.—To be eligible to receive grants under this section shall be given the sults. But that is only 8 other States. a grant under subsection (a), a State shall— States that will provide health or dental The legislation that I am proposing ‘‘(1) submit to the Secretary an application care under the State program under this sec- today encourages the remaining 41 at such time, in such manner, and con- tion, to individuals that— States to consider it. taining such information as the Secretary ‘‘(1) have a family income that does not ex- Some people would say that the Fed- may require; ceed 200 percent of the Federal poverty line eral Government has already made pro- ‘‘(2) provide assurances that the State will (as defined in section 673(2) of the Commu- visions for volunteer care with the fed- not permit hospitals to enroll individuals nity Health Services Block Grant Act) for a seeking care in emergency departments into eral Volunteer Protection Act of 1997. family of the size involved; the State program; and ‘‘(2) are not be covered under any health or This act raises the standard of care ‘‘(3) provide assurances that the State will from simple negligence to gross neg- dental insurance policy or program (as deter- provide matching funds in accordance with mined under applicable State law); and ligence. This law has two drawbacks subsection (e). ‘‘(3) are determined to be eligible for care, ‘‘(c) USE OF FUNDS.— however. It makes it more difficult for and referred for such care, by the State de- ‘‘(1) IN GENERAL.—A State shall use an injured party to prove substandard partment of health or other entity author- amounts received under a grant under this care and it leaves volunteer providers ized by the State for purposes of admin- section to establish a demonstration pro- istering the State program under this sec- responsible for paying the cost of their gram under which— tion. defense. ‘‘(A) the State will arrange for the provi- The bill that I am introducing, the sion of health and dental care to eligible in- ‘‘(e) PROVISION OF INFORMATION.—A State Volunteer Health Care Program Act of dividuals (as determined under subsection shall ensure that prior to the enrollment 2008, would provide grants to States (d)) participating in the State program; under a State program under this section,

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.051 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7633 the individual involved shall be fully in- having a deeply negative impact on the ridership numbers. Illinois has recog- formed of the limitation on liability pro- Nation’s economy. The aviation indus- nized the need to increase intercity rail vided for under subsection (c)(1)(C) with re- try has been nearly crippled by the ris- service and doubled its funding from spect to the provider involved and shall sign ing price of jet fuel and has announced $12 million to $24 million annually. a waiver consenting to such care. it will be cutting over 30,000 jobs, This funding has allowed for greater ‘‘(f) MATCHING REQUIREMENT.— ‘‘(1) IN GENERAL.—The Secretary may not mothballing almost 1,000 aircraft and frequencies along Illinois’ corridor award a grant to a State under this section leaving 100 communities across the routes, but we have hit a wall—there unless the State agrees, with respect to the country without any commercial air are no trainsets to add capacity to han- costs to be incurred by the State in carrying service. dle the growing ridership. out activities under the grant, to make As these trends continue, the demand My bill will reward those States that available non-Federal contributions (in cash for an efficient, cost-effective and reli- are able to raise revenue for routes by or in kind under paragraph (2)) toward such able alternative travel mode increases. matching, dollar-for-dollar, their con- costs in an amount equal to not less than $1 Aviation downsizing and the high cost tributions for additional rolling stock. for each $3 of Federal funds provided in the of driving have propelled passenger rail These are investments well spent. Am- grant. Such contributions may be made di- trak is 18 percent more efficient than rectly or through donations from public or ridership and revenue to record break- private entities. ing levels, especially in Illinois. Rider- commercial airlines on a passenger- ‘‘(2) DETERMINATION OF AMOUNT OF NON-FED- ship on the Illinois Zephyr and Carl mile basis, according to the Depart- ERAL CONTRIBUTION.— Sandburg routes jumped 41.4 percent in ment of Energy. Passenger rail engines ‘‘(A) IN GENERAL.—Non-Federal contribu- fiscal 2007, compared to fiscal 2006. Rid- use electrical propulsion and diesel fuel tions required in paragraph (1) may be in ership on all Illinois state-subsidized combinations which are less suscep- cash or in kind, fairly evaluated, including routes added an additional 181,000 pas- tible to swings in crude prices than jet equipment or services (and excluding indi- sengers during the first 2⁄3 of fiscal year fuel. With each dollar spent on inter- rect or overhead costs). Amounts provided by 2008, bringing the State’s ridership to city rail, we take cars off our roads and the Federal Government, or services assisted 670,000 for the year. Across the country, lessen congestion on our highways, or subsidized to any significant extent by the while at the same time increasing eco- Federal Government, may not be included in Amtrak’s ridership has grown by 12 determining the amount of such non-Federal percent and continues to rise. nomic activity along rail routes. contributions. These numbers suggest we are experi- Lastly, we need to deal with funda- ‘‘(B) MAINTENANCE OF EFFORT.—In making encing a passenger rail renaissance. mental changes in our transportation a determination of the amount of non-Fed- However, this upward trend will only system that are on the horizon. We eral contributions for purposes of paragraph continue to a point. Unless we act—and need a twenty-first century rail system (1), the Secretary may include only non-Fed- act soon—we may not be able to cap- that makes flying short distances a eral contributions in excess of the average italize on this moment in time and fi- thing of the past. To make this pos- amount of non-Federal contributions made nally make passenger train travel a sible we will have to explore building a by the State involved toward the purpose for high-speed rail network rooted in which the grant was made for the 2-year pe- mainstay of American life, much like riod preceding the first fiscal year for which elsewhere in the industrialized world. major metropolitan areas like Chicago. the State is applying to receive a grant My bill addresses the most imme- Electrifying these trains and giving the under this section. diate obstacle to making this a re- tracks a dedicated right-of-way will ‘‘(g) ADMINISTRATIVE PROVISIONS.— ality—the lack of passenger rail train allow us to achieve speeds of 200 mph, ‘‘(1) AMOUNT OF GRANT.—The amount of a cars and equipment. Amtrak’s existing without ever burning a drop of oil. This grant under this section shall not exceed fleet of rail cars is old and in desperate bill includes a provision to explore $600,000 per year for not more than 5 fiscal need of repair. Amtrak estimates it what types of investment we will need years. will only be able to have an additional to make that a reality. ‘‘(2) NUMBER OF GRANTS.—The Secretary five trains—all of which are 30 years As we get closer to the debate of the shall not award more than 15 grants under next surface transportation bill, we this section. old or older—rehabbed and ready for ‘‘(h) EVALUATION.—Not later than øll¿ service this holiday season. stand at a crossroads of a new era for years after the date of enactment of this sec- We need to re-fleet the aging, bro- rail service in the United States. Com- tion, and annually thereafter, the Secretary ken-down rolling stock that our pas- munities are increasingly vocal about shall conduct an evaluation of the activities senger rail system has been barely get- their demands for cheaper, cleaner carried out by States under this section, and ting by with. This bill provides a menu transportation options, and intercity submit to the appropriate committees of of financing options to bring our exist- rail service is an integral component of Congress a report concerning the results of ing fleet into a state of good repair and meeting those needs. We need to take such evaluation. build the next generation of trainsets this opportunity and revive a dormant ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— passenger rail industry that once of- ‘‘(1) IN GENERAL.—There is authorized to be here at home. appropriated such sums as may be necessary Domestic railcar giants like the Pull- fered high-paying jobs to thousands of to carry out this section. man and Budd Companies provided a workers and could easily do so again. ‘‘(2) EVALUATIONS.—The Secretary shall strong manufacturing base for over 100 Waking this sleeping giant will allow use 5 percent of the amount appropriated years, providing rail cars that are still us to lay the ground work for a trans- under paragraph (1) for each fiscal year to on the tracks today. But those compa- portation system that will be the back- carry out evaluations under subsection (h).’’. nies have long since closed their doors bone of the 21st century economy; one and have left the business of making that is fast, efficient, and oil inde- By Mr. DURBIN (for himself and passenger rail cars due to years of pendent. Mr. CARPER): underinvestment in the United States Mr. President, I ask unanimous con- S. 3360. A bill to increase the avail- and increased investment by European sent that the text of the bill be printed ability of domestically manufactured countries. in the RECORD. passenger cars for intercity passenger The Train CARS Act provides fund- There being no objection, the text of rail service, and for other purposes; to ing that will allow us to immediately the bill was ordered to be printed in the Committee on Finance. engage manufacturers currently mak- the RECORD, as follows: Mr. DURBIN. Mr. President, I rise ing trainsets overseas and encourage S. 3360 today to introduce a bill that will help them to bring their modern design and Be it enacted by the Senate and House of Rep- us replace and rehab our aging pas- manufacturing expertise to the U.S. resentatives of the United States of America in senger rail equipment and revive the and open rail car manufacturing facili- Congress assembled, passenger rail rolling stock manufac- ties here to meet our growing demand. SECTION 1. SHORT TITLE. turing industry in the United States. Second, the bill provides a tax incen- This Act may be cited as the ‘‘Creating We are currently witnessing funda- American Rolling Stock Act of 2008’’ or the tive for private, domestic businesses to ‘‘Train CARS Act’’. mental changes to our economy and reenter the passenger rail equipment SEC. 2. DEFINITIONS. our national transportation system business and rebuild facilities and train In this Act: driven by the rising price of oil. High cars here in the U.S. (1) AMTRAK.—The term ‘‘Amtrak’’ means gas prices have caused hardship for We also need to recognize the critical the National Railroad Passenger Corpora- millions of American families and are role that States play in boosting rail tion.

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(2) ELIGIBLE APPLICANT.—The term ‘‘eligi- (B) will improve freight or commuter rail or in part by a grant or bond proceeds made ble applicant’’ means Amtrak, a State (in- operations; available under this Act or an amendment cluding the District of Columbia), a group of (C) will have significant environmental made by this Act shall be considered a rail States, an interstate compact, or a regional benefits, including the purchase of environ- carrier (as defined in section 10102(5) of title transportation authority established by 1 or mentally sensitive, fuel-efficient, and cost- 49, United States Code) for purposes of this more States and having responsibility for effective passenger rail equipment; Act and any other law that adopts that defi- providing intercity passenger rail service. (D) will have positive economic and em- nition or in which that definition applies, in- (3) INTERCITY PASSENGER RAIL SERVICE.— ployment impacts; cluding— The term ‘‘intercity passenger rail service’’ (E) have commitments of funding from (1) the Railroad Retirement Act of 1974 (45 means transportation services with the pri- non-Federal Government sources in a total U.S.C. 231 et seq.); mary purpose of passenger transportation amount that exceeds the minimum amount (2) the Railway Labor Act (43 U.S.C. 151 et between towns, cities, and metropolitan of the non-Federal contribution required for seq.); and areas by rail. the project; (3) the Railroad Unemployment Insurance (4) REHABILITATE.—The term ‘‘rehabili- (F) involve donated property interests or Act (45 U.S.C. 351 et seq.). tate’’ means extending the useful life or im- services; (c) PREVAILING WAGE REQUIREMENT.—Any proving the effectiveness of existing rolling (G) are identified by the Surface Transpor- entity that purchases or rehabilitates rolling stock, including— tation Board as necessary to improve the on- stock which has been financed in whole or in (A) the correction of a deficiency; time performance and reliability of intercity part by grants or bond proceeds made avail- (B) the modernization or replacement of passenger rail under section 24308(f) of title able under this Act or an amendment made equipment; 49, United States Code; by this Act shall comply with subchapter IV (C) the modernization of, or replacement of (H) are designed to support intercity pas- of chapter 31 of title 40, United States Code, parts for, rolling stock; senger rail service; commonly referred to as the ‘‘Davis-Bacon (D) the rehabilitation or remanufacture of (I) can be easily transferred to commuter Act’’. rail rolling stock and associated facilities service or to another intercity passenger rail SEC. 5. NEXT GENERATION CORRIDOR TRAIN used primarily in intercity passenger rail route; and EQUIPMENT POOL. service; and (J) are produced domestically. (a) IN GENERAL.—Not later than 180 days (E) the use of nonstructural elements. (d) AMTRAK ELIGIBILITY.—To receive a after the date of the enactment of this Act, (5) SECRETARY.—The term ‘‘Secretary’’ grant under this section, Amtrak may enter Amtrak shall establish a Next Generation means the Secretary of Transportation. into a cooperative agreement with 1 or more Corridor Equipment Pool Committee (re- SEC. 3. GRANTS TO PURCHASE DOMESTICALLY States to purchase or rehabilitate rolling ferred to in this section as the ‘‘Com- MANUFACTURED ROLLING STOCK stock for 1 or more projects on a State rail mittee’’), which shall be comprised of rep- FOR INTERCITY PASSENGER RAIL plan’s ranked list of rail capital projects de- resentatives of Amtrak, the Federal Railroad SERVICE. veloped under section 22504(a)(5) of title 49, Administration, host freight railroad compa- (a) GRANT AUTHORIZED.— United States Code. nies, passenger railroad equipment manufac- (1) IN GENERAL.—The Secretary of Trans- (e) FEDERAL SHARE OF NET PROJECT COST.— portation may award grants under this sec- turers, commuter rail agencies, railroad A grant for the purchase of rolling stock tion to eligible applicants to purchase or re- labor unions, other passenger railroad opera- under this section shall not exceed 80 percent habilitate domestically manufactured roll- tors, as appropriate, and interested States. of the total cost. ing stock necessary to provide or improve (b) PURPOSE.—The purpose of the Com- (f) AUTHORIZATION OF APPROPRIATIONS.— intercity passenger rail transportation. mittee shall be to design, develop specifica- There is authorized to be appropriated such tions for, and procure standardized next-gen- (2) CONDITIONS.—Not later than 90 days sums as are necessary to the Secretary for after the date of the enactment of this Act, eration corridor equipment, including rolling fiscal year 2009 and for each subsequent fis- the Secretary shall promulgate regulations stock that is easily transferred from com- cal year for the grants to purchase domesti- that establish procedures and schedules for muter rail service to new intercity passenger cally manufactured and rehabbed rolling the awarding of grants under this section, in- rail service. stock under this section. cluding application and qualification proce- (c) FUNCTIONS.—The Committee may— dures and a record of decision on applicant SEC. 4. BUY AMERICAN CONDITIONS. (1) determine the number of different types eligibility. (a) DOMESTIC BUYING PREFERENCE.— of equipment required, taking into account (b) PROJECT AS PART OF STATE RAIL (1) REQUIREMENT.— variations in operational needs and corridor PLAN.— (A) IN GENERAL.—In using grant funds or infrastructure; (1) IN GENERAL.—The Secretary may not bond proceeds made available under this Act (2) establish a pool of equipment to be used award a grant for a purchase of rolling stock or an amendment made by this Act for pur- on corridor routes funded by participating under this section unless the Secretary de- chasing rolling stock, a grant or bond pro- States; termines that— ceeds recipient may only purchase— (3) subject to agreements between Amtrak (A) the project is part of a State rail plan (i) unmanufactured articles, material, and and States, utilize services provided by Am- developed under chapter 225 of title 49, supplies mined or produced in the United trak to design, maintain, and rehabilitate United States Code; and States; or equipment; and (B) the applicant or recipient has or will (ii) manufactured articles, material, and (4) explore the benefits of creating a public have the legal, financial, and technical ca- supplies manufactured in the United States or private entity that would— pacity to purchase, install, and maintain the substantially from articles, material, and (A) purchase and own domestically pro- rolling stock. supplies mined, produced, or manufactured duced rolling stock; and (2) INFORMATION.—An eligible applicant in the United States. (B) lease such rolling stock to States or shall provide sufficient information upon (B) DE MINIMIS AMOUNT.—Subparagraph (A) Amtrak for passenger rail service. which the Secretary can make the deter- shall only apply to purchases totaling at (d) COOPERATIVE AGREEMENTS.—Amtrak mination required under paragraph (1). least $1,000,000. and States participating in the Committee (c) SELECTION CRITERIA.—In selecting grant (2) EXEMPTIONS.—The Secretary of Trans- may— recipients under subsection (a), the Sec- portation may exempt a grant or bond pro- (1) enter into agreements for the funding, retary shall— ceeds recipient from the requirements of this procurement, rehabilitation, ownership, (1) require that each rail car purchased subsection if the Secretary, after receiving management, or leasing of corridor equip- with grant funds meet all applicable safety an application for such exemption, deter- ment, including equipment currently owned and security requirements; mines that, for particular articles, material, or leased by Amtrak and next generation (2) give preference to rail cars with high or supplies— corridor equipment acquired as a result of levels of estimated ridership, increased on- (A) such requirements are inconsistent the Committee’s actions; and time performance, reduced trip time, addi- with the public interest; (2) establish a corporation, which may be tional service frequency to meet anticipated (B) the cost of imposing the requirements owned or jointly owned by Amtrak, partici- or existing demand, or other significant serv- is unreasonable; or pating States or other entities, to perform ice enhancements; (C) the articles, material, or supplies, or these functions. (3) ensure that each rail car is compatible the articles, material, or supplies from SEC. 6. INTERCITY PASSENGER RAIL ROLLING with, and is operated in conformance with— which they are manufactured, are not mined, STOCK ACCOUNT. (A) plans developed pursuant to the re- produced, or manufactured in the United (a) ESTABLISHMENT OF ACCOUNT.—Section quirements of section 135 of title 23, United States in sufficient and reasonably available 9503 of the Internal Revenue Code of 1986 (re- States Code; and commercial quantities and are not of a satis- lating to Highway Trust Fund) is amended (B) the national rail plan, if available; and factory quality. by adding at the end the following new sub- (4) give preference to purchases of rolling (b) OPERATORS DEEMED RAIL CARRIERS AND section: stock that— EMPLOYERS FOR CERTAIN PURPOSES.—Any en- ‘‘(g) INTERCITY PASSENGER RAIL ROLLING (A) are expected to have a significant fa- tity that conducts rail operations using roll- STOCK ACCOUNT.— vorable impact on air or highway traffic con- ing stock that has been manufactured or re- ‘‘(1) CREATION OF ACCOUNT.—There is estab- gestion, capacity, or safety; habilitated with funding provided in whole lished in the Highway Trust Fund a separate

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account to be known as the ‘Intercity Pas- ‘‘(5) CONTRACT AUTHORITY.—Notwith- for expenditures incurred after the date of senger Rail Rolling Stock Account’, con- standing any other provision of law, the Sec- the enactment of this section for any quali- sisting of such amounts as may be trans- retary of Transportation shall certify ex- fied project, ferred or credited to the Intercity Passenger penses as qualified for a fiscal year on Octo- ‘‘(2) the bond is issued by the National Rail Rolling Stock Account as provided in ber 1 of such year, in an amount not to ex- Railroad Passenger Corporation, is in reg- this subsection or section 9602(b). ceed the amount of receipts estimated by the istered form, and meets the bond limitation ‘‘(2) TRANSFER TO ACCOUNT OF AMOUNTS Secretary of the Treasury to be transferred requirements under subsection (b), EQUIVALENT TO CERTAIN TAXES.—The Sec- to the Intercity Passenger Rail Rolling ‘‘(3) the issuer designates such bond for retary of the Treasury shall transfer to the Stock Account for such fiscal year. Such cer- purposes of this section, Intercity Passenger Rail Rolling Stock Trust tification shall result in a contractual obli- ‘‘(4) the issuer certifies that it meets the Fund the intercity passenger rail rolling gation of the United States for the payment State contribution requirement of sub- stock portion of the amounts appropriated to of such expenses. section (h) with respect to such project, as in the Highway Trust Fund under subsection ‘‘(6) TAX TREATMENT OF TRUST FUND EX- effect on the date of the enactment of this (b) which are attributable to taxes under sec- PENDITURES.—With respect to any payment section, tion 4041 or 4081 imposed after September 30, of qualified expenses from the Intercity Pas- ‘‘(5) the issuer certifies that it has ob- 2009, and before October 1, 2012. For purposes senger Rail Rolling Stock Account during tained the written approval of the Secretary of the preceding sentence, the term ‘inter- any taxable year to a taxpayer— of Transportation for such project in accord- city passenger rail rolling stock portion’ ‘‘(A) such payment shall not be included in ance with section 26301 of title 49, United means for any fuel with respect to which tax the gross income of the taxpayer for such States Code, as in effect on the date of the was imposed under section 4041 or 4081 and taxable year, enactment of this section, otherwise deposited into the Highway Trust ‘‘(B) no deduction shall be allowed to the ‘‘(6) the payment of principal with respect Fund, the determined at the rate of .25 cent taxpayer with respect to any amount paid or to such bond is the obligation of the Na- per gallon. incurred which is attributable to such pay- tional Railroad Passenger Corporation, and ‘‘(3) EXPENDITURES FROM ACCOUNT.— ment, and ‘‘(7) in lieu of the requirements of section ‘‘(A) IN GENERAL.—Amounts in the Inter- ‘‘(C) the basis of any property shall be re- 54A(d)(2), the issue meets the requirements city Passenger Rail Rolling Stock Account duced by the portion of the cost of such prop- of subsection (d). shall be available without fiscal year limita- erty which is attributable to such payment. ‘‘(b) LIMITATIONS ON AMOUNT OF BONDS tion to— ‘‘(7) TERMINATION.—The Secretary shall de- DESIGNATED.— ‘‘(i) eligible applicants (as defined in sec- termine and retain, not later than October 1, tion 2 of the Train CARS Act) to finance the 2012, the amount in the Intercity Passenger ‘‘(1) IN GENERAL.—There is a qualified Am- purchase and rehabilitation of rolling stock, Rail Rolling Stock Account necessary to pay trak bond limitation for each fiscal year. and any outstanding qualified expenses, and shall Such limitation is— ‘‘(ii) each non-Amtrak State, to the extent transfer any amount not so retained to the ‘‘(A) $700,000,000 for each of the fiscal years determined under subparagraph (B), for Highway Trust Fund.’’. 2009 through 2012, and transportation-related expenditures. (b) CONFORMING AMENDMENT.—Section 9503 ‘‘(B) except as provided in paragraph (4), $0 ‘‘(B) MAXIMUM AMOUNT OF FUNDS TO NON- of the Internal Revenue Code of 1986 is after fiscal year 2012. AMTRAK STATES.—Except as provided under amended by striking paragraph (5) of sub- ‘‘(2) LIMITS ON BONDS FOR INDIVIDUAL subparagraph (C), each non-Amtrak State section (e) and by adding at the end the fol- STATES.—Not more than $300,000,000 of the shall receive under this paragraph an lowing new subsection: limitation under paragraph (1) may be des- amount equal to the lesser of— ‘‘(h) PORTION OF CERTAIN TRANSFERS TO BE ignated for any individual State. ‘‘(i) the State’s qualified expenses for the MADE FROM ACCOUNTS.— ‘‘(3) LIMIT ON BONDS FOR OTHER PROJECTS.— fiscal year, or ‘‘(1) IN GENERAL.—Transfers under para- Not more than $100,000,000 of the limitation ‘‘(ii) the product of the number of months graphs (2), (3), and (4) of subsection (c) shall under paragraph (1) for any fiscal year may such State is a non-Amtrak State in such be borne by the Highway Account, the Mass be designated for all qualified projects de- Transit Account, and the Intercity Pas- fiscal year and 1⁄12 of 1 percent of the lesser scribed in subsection (g)(1)(C). of— senger Rail Rolling Stock Account in propor- ‘‘(4) CARRYOVER OF UNUSED LIMITATION.—If ‘‘(I) the aggregate amounts transferred and tion to the respective revenues transferred for any fiscal year— credited to the Intercity Passenger Rail Ac- under this section to the Highway Account ‘‘(A) the limitation amount under para- count under paragraph (1) for such fiscal (after the application of subsections (e)(2) graph (1), exceeds year, or and (g)(2)) and the Mass Transit Account and ‘‘(B) the amount of bonds issued during ‘‘(II) the aggregate amounts appropriated the Intercity Passenger Rail Rolling Stock such year which are designated under sub- from the Intercity Passenger Rail Account Account. section (a)(3), for such fiscal year. ‘‘(2) HIGHWAY ACCOUNT.—For purposes of the limitation amount under paragraph (1) ‘‘(C) ADJUSTMENT.—If the amount deter- paragraph (1), the term ‘Highway Account’ for the following fiscal year (through fiscal mined under subparagraph (B)(ii) exceeds the means the portion of the Highway Trust year 2016) shall be increased by the amount amount under subparagraph (B)(i) for any Fund which is not the Mass Transit Account of such excess. or the Intercity Passenger Rail Rolling fiscal year, the amount under subparagraph ‘‘(c) MATURITY LIMITATIONS.—In lieu of sec- Stock Account.’’. (B)(ii) for the following fiscal year shall be tion 54A(d)(5), a bond shall not be treated as (c) CAPACITY IMPROVEMENT CHARGE MATCH- increased by the amount of such excess. a qualified Amtrak bond if the maturity of ‘‘(4) DEFINITIONS.—For purposes of this sub- ING PROGRAM.—Any eligible applicant that such bond exceeds 20 years. section— subsidizes intercity passenger rail service ‘‘(A) QUALIFIED EXPENSES.—The term and imposes a capital investment fee on each ‘‘(d) SPECIAL RULES RELATING TO EXPENDI- ‘qualified expenses’ means expenses incurred, ticket sold for such service is eligible to re- TURES.— with respect to obligations made, after Sep- ceive $1 from the Intercity Passenger Rail ‘‘(1) IN GENERAL.—Subject to paragraph (2), tember 30, 2009, and before October 1, 2012— Rolling Stock Account (as established in sec- an issue shall be treated as meeting the re- ‘‘(i) for— tion 9503(g) of the Internal Revenue Code of quirements of this subsection if as of the ‘‘(I) in the case of the National Railroad 1986) for every $1 of such fee that is used to date of issuance, the issuer reasonably ex- Passenger Corporation, the acquisition of purchase domestically manufactured rolling pects— equipment and rolling stock, the upgrading stock. ‘‘(A) to spend 100 percent or more of the of rolling stock maintenance facilities, and (d) EFFECTIVE DATE.—The amendments available project proceeds of the issue for 1 the maintenance of existing equipment in made by this section shall apply with respect or more qualified projects within the 3-year intercity passenger rail service, and the pay- to taxes imposed after September 30, 2009. period beginning on such date, ment of interest and principal on obligations SEC. 7. RAIL INFRASTRUCTURE INVESTMENT. ‘‘(B) to incur a binding commitment with a incurred for such acquisition, upgrading, and (a) CREDIT TO HOLDERS OF QUALIFIED AM- third party to spend at least 10 percent of the maintenance, and TRAK BONDS.—Subpart I of part IV of sub- proceeds from the sale of the issue, or to ‘‘(II) in the case of a non-Amtrak State, chapter A of chapter 1 of the Internal Rev- commence construction, with respect to such transportation-related expenses, and enue Code of 1986 (relating to credits against projects within the 6-month period beginning ‘‘(ii) certified by the Secretary of Trans- tax) is amended by adding at the end the fol- on such date, and portation on October 1 as meeting the re- lowing new section: ‘‘(C) to proceed with due diligence to com- quirements of clause (i) and as qualified for ‘‘SEC. 54C. CREDIT TO HOLDERS OF QUALIFIED plete such projects and to spend the proceeds payment under paragraph (5) for the fiscal AMTRAK BONDS. from the sale of the issue. year beginning on such date. ‘‘(a) QUALIFIED AMTRAK BOND.—For pur- ‘‘(2) RULES REGARDING CONTINUING COMPLI- ‘‘(B) NON-AMTRAK STATE.—The term ‘non- poses of this subpart, the term ‘qualified ANCE AFTER 3-YEAR DETERMINATION.—If at Amtrak State’ means any State which does Amtrak bond’ means any bond issued as part least 100 percent of the available project pro- not receive intercity passenger rail service of an issue if— ceeds of the issue is not expended for 1 or from the National Railroad Passenger Cor- ‘‘(1) 100 percent or more of the available more qualified projects within the 3-year pe- poration. project proceeds of such issue are to be used riod beginning on the date of issuance, but

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.046 S29JYPT1 erowe on PRODPC61 with SENATE S7636 CONGRESSIONAL RECORD — SENATE July 29, 2008 the requirements of paragraph (1) are other- dial actions that may be taken (including (2) Subparagraph (C) of section 54A(d)(2) of wise met, an issue shall be treated as con- conditions to taking such remedial actions) such Code is amended to read as follows: tinuing to meet the requirements of this sub- to prevent an action described in the pre- ‘‘(C) QUALIFIED PURPOSE.—For purposes of section if either— ceding sentence from causing a bond to fail this paragraph, the term ‘qualified purpose’ ‘‘(A) the issuer uses all unspent proceeds of to be a qualified Amtrak bond. means— the issue to redeem bonds of the issue within ‘‘(f) TRUST ACCOUNT.— ‘‘(i) in the case of a qualified forestry con- 90 days after the end of such 3-year period, or ‘‘(1) IN GENERAL.—The following amounts servation bond, a purpose specified in section ‘‘(B) the following requirements are met: shall be held in a trust account by a trustee 54B(e), and ‘‘(i) The issuer spends at least 75 percent of independent of the National Railroad Pas- ‘‘(ii) in the case of a qualified Amtrak the available project proceeds of the issue senger Corporation: bond, a purpose specified in section 54C(g).’’. for 1 or more qualified projects within the 3- ‘‘(A) The proceeds from the sale of all (3) The table of sections for subpart I of year period beginning on the date of bonds designated for purposes of this section. part IV of subchapter A of chapter 1 of such issuance. ‘‘(B) The amount of any matching con- Code is amended by adding at the end the ‘‘(ii) Either— tributions with respect to such bonds. following new item: ‘‘(I) the issuer spends at least 100 percent ‘‘(C) The temporary period investment ‘‘Sec. 54C. Qualified Amtrak bonds.’’. of the available project proceeds of the issue earnings on proceeds from the sale of such (d) ANNUAL REPORT BY TREASURY ON AM- for 1 or more qualified projects within the 4- bonds. TRAK TRUST ACCOUNT.—The Secretary of the year period beginning on the date of ‘‘(D) Any earnings on any amounts de- Treasury shall annually report to Congress issuance, or scribed in subparagraph (A), (B), or (C). as to whether the amount deposited in the ‘‘(II) the issuer pays to the Federal Govern- ‘‘(2) USE OF FUNDS.—Amounts in the trust trust account established by Amtrak under ment any earnings on the proceeds of the account may be used only to pay costs of section 54C(f) of the Internal Revenue Code issue that accrue after the end of the 3-year qualified projects and redeem qualified Am- of 1986, as added by this section, is sufficient period beginning on the date of issuance and trak bonds, except that amounts withdrawn to fully repay at maturity the principal of uses all unspent proceeds of the issue to re- from the trust account to pay costs of quali- any outstanding qualified Amtrak bonds deem bonds of the issue within 90 days after fied projects may not exceed the aggregate issued pursuant to section 54C of such Code the end of the 4-year period beginning on the proceeds from the sale of all qualified Am- (as so added), together with amounts ex- date of issuance. trak bonds issued under this section. pected to be deposited into such account, as For purposes of this paragraph, the amount ‘‘(3) USE OF REMAINING FUNDS IN TRUST AC- certified by Amtrak in accordance with pro- of the nonqualified bonds required to be re- COUNT.—Upon the redemption of all qualified cedures prescribed by the Secretary of the deemed shall be determined in the same Amtrak bonds issued under this section, any Treasury. manner as under section 142. remaining amounts in the trust account de- (e) ISSUANCE OF REGULATIONS.—The Sec- ‘‘(e) RECAPTURE OF PORTION OF CREDIT scribed in paragraph (1) shall be available to retary of the Treasury shall issue regula- WHERE CESSATION OF COMPLIANCE.— the issuer for any qualified project. tions required under section 54C of the Inter- ‘‘(1) IN GENERAL.—If any bond which when ‘‘(g) QUALIFIED PROJECT.—For purposes of nal Revenue Code of 1986 (as added by this issued purported to be a qualified Amtrak this section, the term ‘qualified project’ has section) not later than 90 days after the date bond ceases to be such a qualified bond, the the meaning given the term ‘qualified ex- of the enactment of this Act. issuer shall pay to the United States (at the penses’ in section 9503(g) of the Internal Rev- (f) EFFECTIVE DATE.—The amendments time required by the Secretary) an amount enue Code of 1986. made by this section shall apply to obliga- equal to the sum of— ‘‘(h) STATE CONTRIBUTION REQUIREMENTS.— tions issued after the date of enactment of ‘‘(A) the aggregate of the credits allowable ‘‘(1) IN GENERAL.—For purposes of sub- this Act. under section 54A with respect to such bond section (a)(4), the State contribution re- SEC. 8. NATIONAL PASSENGER RAIL ELEC- (determined without regard to section quirement of this subsection is met with re- TRIFICATION SYSTEM STUDY. 54A(c)) for taxable years ending during the spect to any qualified project if the National (a) IN GENERAL.—Not later than 1 year calendar year in which such cessation occurs Railroad Passenger Corporation has received after the date of the enactment of this Act, and the 2 preceding calendar years, and from 1 or more States, not later than the the Comptroller General of the United States ‘‘(B) interest at the underpayment rate date of issuance of the bond, matching con- shall conduct a study to determine the po- under section 6621 on the amount determined tributions of not less than 20 percent of the tential costs, benefits, and economic impact under subparagraph (A) for each calendar cost of the qualified project. of providing intercity passenger rail along a year for the period beginning on the first day ‘‘(2) STATE MATCHING CONTRIBUTIONS MAY national railway electrification system. (b) COMPONENTS OF STUDY.—The study con- of such calendar year. NOT INCLUDE FEDERAL FUNDS.—For purposes ‘‘(2) FAILURE TO PAY.—If the issuer fails to of this subsection, State matching contribu- ducted under subsection (a) shall analyze the infrastructure needed to operate reliable, timely pay the amount required by para- tions shall not be derived, directly or indi- high-speed rail intercity passenger service graph (1) with respect to such bond, the tax rectly, from Federal funds, including any along a national railway electrification sys- imposed by this chapter on each holder of transfers from the Highway Trust Fund tem, including an analysis of— any such bond which is part of such issue under section 9503.’’. (1) the equipment costs to achieve such shall be increased (for the taxable year of the (b) EXCLUSION FROM GROSS INCOME OF CON- service; holder in which such cessation occurs) by the TRIBUTIONS BY AMTRAK TO OTHER RAIL CAR- aggregate decrease in the credits allowed RIERS.— (2) the environmental impacts related to under section 54A to such holder for taxable (1) IN GENERAL.—Section 118 of the Internal transitioning to an electrified system; years beginning in such 3 calendar years Revenue Code of 1986 (relating to contribu- (3) safety issues; which would have resulted solely from deny- tions to the capital of a corporation) is (4) national security issues; ing any credit under section 54A with respect amended by redesignating subsections (d) (5) the high-speed benefits of an electrified to such issue for such taxable years. and (e) as subsections (e) and (f), respec- system; ‘‘(3) SPECIAL RULES.— tively, and by inserting after subsection (c) (6) the need for any improvements to exist- ‘‘(A) TAX BENEFIT RULE.—The tax for the the following new subsection: ing tunnels, bridges, and other railroad fa- taxable year shall be increased under para- ‘‘(d) SPECIAL RULE FOR CONTRIBUTIONS BY cilities, or the need for the construction of graph (2) only with respect to credits allowed AMTRAK TO OTHER RAIL CARRIERS.—For pur- new facilities; and by reason of section 54A which were used to poses of this section, the term ‘contribution (7) the impacts to freight rail traffic. reduce tax liability. In the case of credits to the capital of the taxpayer’ does not in- SEC. 9. REPORT REQUIRED. not so used to reduce tax liability, the clude any contribution by the National Rail- Not later than 90 days after the date of the carryforwards and carrybacks under section road Passenger Corporation of personal or enactment of this Act, the Secretary of 39 shall be appropriately adjusted. real property funded by the proceeds of Labor shall submit a report to Congress that ‘‘(B) NO CREDITS AGAINST TAX.—Any in- qualified Amtrak bonds under section 54C.’’. describes— crease in tax under paragraph (2) shall not be (2) CONFORMING AMENDMENT.—Subsection (1) existing Federal programs, policies, and treated as a tax imposed by this chapter for (b) of such section 118 is amended by striking initiatives that could assist in the training purposes of determining— ‘‘subsection (c)’’ and inserting ‘‘subsections of workers from the automotive, aviation, ‘‘(i) the amount of any credit allowable (c) and (d)’’. and manufacturing industries to transition under this part, or (c) CONFORMING AMENDMENTS.— such workers to the railcar manufacturing ‘‘(ii) the amount of the tax imposed by sec- (1) Paragraph (1) of section 54A(d) of the and maintenance industry; and tion 55. Internal Revenue Code of 1986 is amended to (2) recommendations for specific legisla- ‘‘(4) TREATMENT OF CHANGES IN USE.—For read as follows: tive and administrative changes that would purposes of paragraph (1), the proceeds from ‘‘(1) QUALIFIED TAX CREDIT BOND.—The term assist and encourage workers who have been the sale of an issue shall not be treated as ‘qualified tax credit bond’ means— displaced by cutbacks in the aviation, auto- used for a qualified project to the extent ‘‘(A) a qualified forestry conservation motive, and manufacturing industries into that the issuer takes any action within its bond, or transitioning to the rail industry. control which causes such proceeds not to be ‘‘(B) a qualified Amtrak bond, used for a qualified project. The Secretary which is part of an issue that meets require- By Mr. KERRY (for himself and shall prescribe regulations specifying reme- ments of paragraphs (2), (3), (4), (5), and (6).’’. Ms. SNOWE):

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.046 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7637 S. 3362. A bill to reauthorize and im- level than the human eye can manage, According to the most recent data, in prove the SBIR and STTR programs, developed through an SBIR grant by a fiscal year 2005, Maine’s technology- and for other purposes; to the Com- small business in Michigan, a thera- based small businesses received more mittee on Small Business and Entre- peutic drug to treat chronic inflam- than $4.5 million in SBIR total awards. preneurship. matory disease, developed by a Mon- We simply cannot and must not allow Mr. KERRY. Mr. President, I rise tana SBIR recipient, and a nerve gas these programs to expire at the end of today to introduce the SBIR/STTR Re- protection system, developed by an this coming September. authorization Act of 2008. This bill re- SBIR company in Massachusetts. This The legislation before us today which authorizes the Small Business Innova- is not to mention the tangible benefit would provide key improvements to tion Research and Small Business that these additional dollars for the the SBIR and STTR programs are Technology Transfer programs for 14 SBIR and STTR programs will have in based on a comprehensive SBA Reau- years each and makes several improve- the way of business growth, job cre- thorization bill that I introduced last ments to the programs that will allow ation, and economic development, Congress when I served as chair of the them to work better for small business, since, according to the National Acad- Senate Committee on Small Business while continuing to make an important emy of Sciences, more than one in ten and Entrepreneurship. This Congress, contribution to our country’s innova- SBIR award recipients start their com- our committee has held two tion economy. pany simply because of their having re- roundtables, with Federal agency heads When the SBIR program was origi- ceived an award. and key interested stakeholders, in de- nally conceived in the late 1970s and Our committee has a long history of veloping this measure. Specifically, early 80s, it was in response to serious working together in a bipartisan way our bill would increase the size of concerns that the United States was to pass legislation, and I am pleased to Phase I program awards from $100,000 falling behind its competitors in the have worked closely with my ranking to $150,000, and Phase II awards from global economy because of a failure to member, Senator SNOWE, on this bill. I $750,000 to $1 million. It would also tie innovate. At that time, as remains the am also pleased that we have been able future award increases to inflation. case today, the lion’s share of our fed- to incorporate provisions to address These pivotal reforms represent a well- eral research and development budget the priorities of a number of other Sen- spring of indispensable technological- was going to large businesses and to ators on the committee, including lan- fuel to the small business engines that universities that, while doing impor- guage from Senator LIEBERMAN to ad- drive our Nation’s innovation. tant work, simply were not doing the dress the National Academies’ concerns Since the SBIR program was created, type of high-risk, high-reward research about the lack of data and evaluation small hi-tech firms have submitted that drives innovation and keeps us on at NIH and to encourage innovation at more than 250,000 proposals, resulting the technological cutting edge. It was NIH to accelerate the development of in more than 60,000 awards worth ap- found that small businesses were fast- treatments and cures, language from proximately $19 billion. By doubling est and most effective not only at gen- Senator LANDRIEU regarding the FAST the percentage of Federal research and erating new technologies but at doing program to increase the participation development dollars that the STTR so in cost-effective ways; however, they of rural small businesses by making program receives each year, and in- were receiving a disproportionately the matching requirement from rural creasing the SBIR percentage by 1 per- low share of Federal R&D dollars, as states more affordable, a provision cent over 10 years, we will infuse an- also remains the case today. The SBIR from Senator COLEMAN that creates a other $1 billion into the small business program, therefore, was designed in pilot program to encourage innovative economy. At a time when our national 1982 to harness the innovative capacity small businesses to provide opportuni- economy is flagging due to sky- of America’s small businesses to meet ties to college students studying rocketing energy prices and a cor- the needs of our federal agencies and to science, technology, engineering, and recting housing market, the SBIR pro- help grow small, high-tech firms that, math, and a provision from Senator gram is more essential then ever, if we in turn, grow local economies all CARDIN to clarify that small businesses are to capitalize on the groundbreaking across the Nation. The STTR program with Cooperative Research and Devel- capacities of Nation’s pioneering small was originally created as a pilot pro- opment Agreement, CRADA, with Fed- businesses. gram in 1992 to stimulate partnerships eral labs can still participate in the While innovation in areas such as between small businesses and non-prof- SBIR program. genomics, biotechnology, and it research institutions, such as univer- I want to thank all those involved for nanotechnology present new opportuni- sities. their hard work on this legislation. I ties, converting these ideas into mar- Today, our country once again stands urge my colleagues to support this bill ketable products involves substantial at a turning point, and competition when it comes before the full Senate. funding challenges. Many small busi- from all across the globe, from Europe Ms. SNOWE. Mr. President. I rise nesses simply cannot afford the exorbi- to Far East Asia, makes it more impor- today with Senator KERRY to introduce tant cost of developing and bringing a tant than ever that we continue to in- the SBIR/STTR Reauthorization Act of product into the marketplace. In order novate and to push the boundaries in 2008. This measure is truly bipartisan to confront this challenge, our legisla- sectors across the whole range of the in scope, and is the product of 9 months tion offers a compromise solution to spectrum, from defense technologies to of negotiation. I am pleased that we the venture capital or ‘‘VC’’ issue that energy efficiency to biotechnology. have come to an agreement on a pack- has recently divided members of this This bill ensures that small businesses age that will further strengthen these committee and the SBIR community. can be confident that the SBIR and programs—making them even more This bill would allow limited involve- STTR programs will be there for them beneficial to small businesses. ment by majority-owned venture cap- years down the line and that these This bill would reauthorize the cru- ital firms in the SBIR program which highly successful programs can con- cial Small Business Innovation Re- could receive only a maximum 18 per- tinue to help our federal agencies meet search, SBIR, and Small Business cent of SBIR funding at the National their needs and help maintain our role Technology Transfer, STTR, pro- Institutes of Health and 8 percent at as a world leader in innovations. In grams—which were last reauthorized in all other qualifying agencies. These order to provide more small businesses 2000. The SBIR and STTR programs percentages correspond to the most re- with access to the SBIR and STTR pro- award Federal research and develop- cent Government Accountability Office grams, the bill increases the allocation ment funds to small businesses to en- data regarding VC investment in the for the SBIR program and doubles the courage them to innovate and commer- SBIR program. Additionally, we leave allocation for the STTR program. This cialize new technologies, products, and in place well-established SBA rules de- will allow for more technologies to be services. These programs provide more signed to limit participation in the developed through these programs, than $2 billion in Federal research and SBIR program to small businesses. technologies such as a machine that development funding each year to Other key provisions in this vital leg- uses lasers and computer cameras to small businesses, and the benefit to my islation include the reauthorization sort and inspect bullets at a much finer State of Maine cannot be overstated. and enhancement of my SBIR Defense

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.055 S29JYPT1 erowe on PRODPC61 with SENATE S7638 CONGRESSIONAL RECORD — SENATE July 29, 2008 Commercialization Pilot Program. Whereas Bronislaw Geremek was a founder sacrifices to Poland, Europe, and the Senator KERRY and I created this pro- of the Democratic Union, a member of the world, he deserves the honor and re- gram in 108th Congress to encourage Sejm, the lower house of parliament in Po- spect of the United States Senate and the award of contracts to SBIR firms. land, and chairman of the Political Council our Nation. I ask for the support of my The bill also includes a provision to re- of the Freedom Union from 1989 to 2001; Whereas Bronislaw Geremek was the Min- colleagues in passing this important authorize and increase funding to the ister of Foreign Affairs for Poland from 1997 resolution celebrating the life of Federal and State Partnership, FAST, to 2000 and was a courageous advocate for de- Bronislaw Geremek. program which would allow each mocracy and human rights; state—including Maine—to receive Whereas, in March 1999, Bronislaw f funding in the form of a grant to make Geremek led efforts of the Government of SENATE RESOLUTION 630—RECOG- available an array of services in sup- Poland to join the North Atlantic Treaty Or- port of the SBIR program. ganization, saying that ‘‘Poland returns to NIZING THE IMPORTANCE OF Now, more than ever, we in Congress where she has always belonged: the free CONNECTING FOSTER YOUTH TO must do everything within our power world’’; THE WORKFORCE THROUGH IN- to help small businesses drive the re- Whereas, in 2001, Bronislaw Geremek was TERNSHIP PROGRAMS, AND EN- elected to the European Parliament, where COURAGING EMPLOYERS TO IN- covery of our economy. It is imperative he was a member of the Alliance of Liberal that we reauthorize the SBIR and CREASE EMPLOYMENT OF and Democrats for Europe; FORMER FOSTER YOUTH. STTR programs, particularly before Whereas Bronislaw Geremek was a member the program terminates at the end of of the Global Leadership Foundation; Mrs. CLINTON (for herself, Ms. this fiscal year—fewer than 2 months Whereas Bronislaw Geremek was a recipi- LANDRIEU, Mr. CASEY, Mrs. BOXER, and away. I look forward to working with ent of the Order of the White Eagle, Poland’s Mrs. MURRAY) submitted the following my colleagues on both sides of the aisle most prestigious decoration; resolution; which was referred to the to pass this vital measure in the full Whereas, through his valiant and per- Committee on Health, Education, sistent efforts, Bronislaw Geremek helped Senate, and then negotiating with the Labor, and Pensions. House Small Business Committee, so consolidate freedom in Eastern Europe and open the door to strong relations with the S. RES. 630 that the President can sign this pack- United States and the West; Whereas, on any given day, there are more age into law. Whereas the bravery of Bronislaw Geremek than 500,000 youth in foster care in the f gave hope to those around the world in their United States; own struggles with oppression and tyranny; SUBMITTED RESOLUTIONS Whereas an estimated 26,000 of these youth and are discharged from the foster care system Whereas Bronislaw Geremek made an in- or ‘‘age out’’ with few or no resources to valuable contribution to his community, to SENATE RESOLUTION 629—HON- start their own lives; Poland, and the world: Now, therefore, be it Whereas the people of the United States ORING THE LIFE OF, AND EX- Resolved, That the Senate— have a sincere appreciation for the cir- PRESSING THE CONDOLENCES OF (1) honors the life and accomplishments of cumstances that place children in foster THE SENATE ON THE PASSING Bronislaw Geremek and expresses its condo- care; OF, BRONISLAW GEREMEK lences on his passing; and Whereas foster youth possess unique quali- (2) requests that the Secretary transmit an Mr. LUGAR (for himself and Mr. ties and skills that make them ideal can- enrolled copy of this resolution to the family didates for employment, but compared to BIDEN) submitted the following resolu- of the deceased and to the Ambassador of Po- youth nationally and youth from low-income tion; which was referred to the Com- land to the United States. families, they are less likely to be employed mittee on the Judiciary: Mr. LUGAR. Mr. President, I rise or employed regularly; S. RES. 629 today to offer a resolution honoring Whereas, when afforded comprehensive Whereas Bronislaw Geremek was born on the life of Bronislaw Geremek and ex- support, this resilient population excels in March 6, 1932, in Warsaw, Poland; pressing the condolences of the Senate the job market; Whereas Bronislaw Geremek led the demo- on his death. I am pleased that Senator Whereas, within 18 months after leaving cratic movement in Poland in the 1970s, with foster care, 25 percent of foster youth be- BIDEN has agreed to cosponsor this im- his moral clarity and perseverance; come homeless, and former foster youth Whereas Bronislaw Geremek was spirited portant resolution. comprise more than a quarter of the United out of the Warsaw Ghetto at the age of 7 and Minister Geremek was a freedom States homeless population; survived the Second World War in hiding fighter and a former Foreign Minister Whereas, without positive intervention, from the Nazis; of Poland. He began his fight for free- youth who age out of foster care often have Whereas Bronislaw Geremek was educated dom at age seven when he escaped the bouts of homelessness, criminal activity, and at the Faculty of History at the University Warsaw Ghetto and successfully hid incarceration; of Warsaw and the E´ cole Pratique des Hautes from the Nazis through the end of Whereas addressing job readiness early in ´ Etudes in Paris and the Polish Academy of World War II. the transition to adulthood is critical to Sciences; Minister Geremek went on to become shaping the future trajectories of these youth; and Whereas Bronislaw Geremek was a distin- a professor of history and received hon- guished professor of history and received Whereas youth who begin connecting to honorary degrees from University of Bolo- orary degrees from such prestigious in- the workforce prior to discharge from foster gna, Utrecht University, the Sorbonne, Co- stitutions as the Sorbonne and Colum- care maintain the highest probability of em- lumbia University, and Jagiellonian Univer- bia University. In the 1970s, he joined ployment: Now, therefore, be it sity in Krakow, Poland; the Gdansk workers’ protest movement Resolved, That the Senate— Whereas Bronislaw Geremek was a member in Soviet-controlled Poland. With un- (1) recognizes the importance of con- of the Academia Europea, the PEN Club, and wavering conviction, he became a lead- necting foster youth to the workforce the Socie´te´ Europe´ene de Culture and served er of the independent trade union ‘‘Sol- through internship programs, such as the Or- as a visiting scholar at the Woodrow Wilson idarity’’ and helped usher in a new era phan Foundation of America’s InternAmerica program and other programs, International Center for Scholars of the that led to the fall of the Soviet Union. Smithsonian Institution; that provide to foster youth the foundation Whereas Bronislaw Geremek joined the His efforts gave hope to many across upon which to build their careers and to be Gdansk workers’ protest movement and be- Eastern Europe and around the world successful members of the workforce; and came one of the leaders of the independent struggling against tyranny and oppres- (2) encourages employers of all sectors and trade union ‘‘Solidarity’’ and chaired the sion. While he guided his nation to- Federal, State, and local governmental agen- Program Commission of the First National wards democracy in Eastern Europe, cies to increase employment of the young Convention of Solidarity in 1981; the political, social, and economic men and women who have been discharged Whereas, in December 1981, Bronislaw ramifications of his efforts were felt from foster care in the United States. Geremek was detained for his involvement across the world. Mrs. CLINTON. Mr. President, today with Solidarity following the imposition of On July 13, 2008, this statesman who I am pleased to introduce a resolution martial law in Poland; helped vanquish communism in Europe that recognizes the importance of con- Whereas, in his capacity as leader of the Commission for Political Reforms of the unexpectedly passed away. His life’s necting foster youth to internship and Civic Committee, Bronislaw Geremek work gave millions of people the free- employment opportunities. I thank worked to ensure a peaceful transition to de- dom to choose their government, their Congressmen CARDOZA, MCDERMOTT, mocracy in Poland; economy, and their livelihood. For his and FATTAH for raising this important

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.057 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7639 matter in the House of Representa- SENATE RESOLUTION 631—EX- 35 States, and which interferes with the thy- tives, and I am proud to give voice to PRESSING THE SENSE OF THE roid and is especially risky to pregnant the issue in the Senate. SENATE THAT THE SENATE HAS women and newborns, and as a result, people in the United States will lack up-to-date in- According to the most recent statis- LOST CONFIDENCE IN THE AD- MINISTRATOR OF THE ENVIRON- formation on whether their tap water is con- tics available, 26,000 youth aged out of taminated with that toxin; foster care in fiscal year 2006. Though MENTAL PROTECTION AGENCY, Whereas, on the issue of vehicle tailpipe STEPHEN L. JOHNSON, THAT many of these youth have characteris- emissions, Administrator Johnson denied a THE ADMINISTRATOR SHOULD tics that make them ideal for employ- waiver that would have allowed California RESIGN HIS POSITION IMME- ment, research shows they have few re- and up to 18 other States to enact strict re- DIATELY, AND THAT THE DE- strictions on global warming pollution from sources for self-sufficiency and are less PARTMENT OF JUSTICE SHOULD automobiles, despite the reportedly unani- likely to be regularly employed than OPEN AN INVESTIGATION INTO mous recommendations of his professional their counterparts in the general popu- THE VERACITY OF HIS CONGRES- staff in favor of granting the waiver at least lation. Because of the instability they SIONAL TESTIMONY REGARDING in part, and finding that denying it would experience in foster care, these young very likely be successfully challenged in THE CALIFORNIA WAIVER DECI- court; adults do not have access to the same SION AND PURSUE ANY PROS- kinds of family and community re- Whereas, on the issue of global warming ECUTORIAL ACTION THE DE- pollution, in defiance of the Supreme Court’s sources that often link young people to PARTMENT DETERMINES TO BE decision in Massachusetts v. E.P.A. (549 U.S. jobs and internships. WARRANTED 497), Administrator Johnson has failed to That is why I am introducing a reso- Mrs. BOXER (for herself, Mr. take action after the Court’s ruling that the lution today recognizing how critical it WHITEHOUSE, Mr. LAUTENBERG, Ms. Environmental Protection Agency has the authority, under the Clean Air Act (42 U.S.C. is for foster youth to be connected to KLOBUCHAR, and Mr. SANDERS) sub- mitted the following resolution; which 7401 et seq.), to regulate greenhouse gas internship and employment opportuni- emissions that pollute our air, instead bow- ties as they transition from foster care was referred to the Committee on Envi- ing to pressures from the Bush White House to life on their own. This resolution ex- ronment and Public Works: to punt the issue to the next administration; presses the importance of linking these S. RES. 631 Whereas, under Administrator Johnson, youth to the workforce through intern- Whereas, for most of its nearly 4-decade the Environmental Protection Agency has ships and encourages employers to in- history, people of the United States could offered legal arguments for its insufficient crease their hiring of former foster look to the Environmental Protection Agen- standards that have provoked ridicule by the cy for independent leadership, grounded in courts, which, for example, have accused the youth. science and the rule of law, with a sole mis- agency of employing the ‘‘logic of the Queen Throughout my career, I have been sion to protect our health and our environ- of Hearts’’ and living in ‘‘a Humpty-Dump- an advocate for foster youth. As First ment; ty’’ world in attempting to evade the intent Lady, I worked towards enacting the Whereas, since Stephen L. Johnson was of Congress and the clear meaning of the Foster Care Independence Act of 1999, sworn in as Administrator, the Environ- Clean Air Act (42 U.S.C. 7401 et seq.); mental Protection Agency has failed to Whereas, Administrator Johnson has al- legislation that doubled funding for the carry out its mission, and has issued decision lowed the Environmental Protection Agen- Federal Independent Living Program after decision that fails to adequately pro- cy’s scientific advisory panels to be infil- and helps youth in foster care earn a tect public health and the environment; trated by the very industries they are meant high school diploma, participate in vo- Whereas, on the issue of pollution from to regulate and control, while at the same cational training or education, and ozone, the Environmental Protection Agency time removing from those panels without learn daily living skills. The legisla- under Administrator Johnson rejected the justification qualified scientists who opposed recommendations of agency scientists, pub- industry positions; tion also extends services to youth up lic health officials, and the agency’s own sci- Whereas a report issued on April 23, 2008, to age 21, which enables more of these entific advisory committees, and instead es- by the Union of Concerned Scientists, enti- young adults to obtain a college edu- tablished an ozone standard that fails to pro- tled ‘‘Interference at the EPA’’, uncovered cation and allows states to provide tect the public, especially children and the widespread political influence in the Envi- them with financial assistance as they elderly, from the harmful effects of ozone ronmental Protection Agency decisions, not- learn skills to enter the workforce. In pollution, such as lung disease and asthma; ing, for example, that 60 percent of the Envi- the Senate, I have introduced legisla- Whereas, on the issue of pollution from ronmental Protection Agency career sci- soot, known as ‘‘particulate matter’’, Ad- entists surveyed had personally experienced tion addressing the needs of foster ministrator Johnson bowed to pressure from at least 1 incident of political interference youth. Most recently, I introduced the industry and failed to strengthen an out- during the past 5 years; Focusing Investments and Resources dated standard limiting the annual average Whereas the Environmental Protection for a Safe Transition (FIRST) Act, leg- levels of soot pollution, despite calls from Agency under Administrator Johnson has al- islation that enables states to establish the agency’s own scientific advisory commit- tered administrative procedures of the agen- Individual Development Accounts for tees and health and medical experts to cy to allow the White House Office of Man- youth aging out of foster care. strengthen that standard to protect public agement and Budget and Pentagon secret in- health; fluence over agency decisionmaking, such as Over the years, I have hosted several Whereas, on the issue of pollution from through the Integrated Risk Information foster youth interns in my Senate of- lead, Administrator Johnson failed to heed System process, an action which the Govern- fice through programs sponsored by the the Environmental Protection Agency’s own ment Accountability Office has found to be Orphan Foundation of America and the scientists and proposed a standard that ‘‘inconsistent with the principle of sound Congressional Coalition on Adoption would leave children in harm’s way; science that relies on, among other things, Whereas, on the issue of the Toxic Release transparency’’; Institute. I know firsthand that these Inventory, the Agency’s decision to weaken Whereas Administrator Johnson’s response individuals have extraordinary talent the community right-to-know rules for toxic to widespread criticism that his agency is in and potential, and have seen many of chemicals used and released in communities crisis, and that he allows White House polit- them go on to graduate school, law across the country will quadruple the quan- ical operatives and polluting industries to school, and the workforce; flourished tity of toxic pollutants that companies can dictate his decisions rather than the law and by the experience. Without meaningful release before the companies are required to science, has been to label those who have connections to employment, however, provide to the public detailed information raised those concerns, many of whom are about the releases; dedicated career employees of his agency, as many foster youth will experience ob- Whereas the Environmental Protection ‘‘yammering critics’’; stacles to building successful, inde- Agency went forward with those changes to Whereas, in defiance of his charge under pendent lives. I encourage my col- the Toxic Release Inventory despite objec- the Constitution of the United States, Ad- leagues to participate in the various tions from 23 State agencies and attorneys ministrator Johnson has personally and re- internship programs that bring these general, and despite concerns raised by the peatedly refused to cooperate with Congress young and talented individuals to work Agency’s own science advisory board; in its efforts to conduct regular oversight of in the Congress and it is my hope that Whereas, on the issue of the toxin per- the Executive branch, refusing to produce chlorate, the Environmental Protection documents as part of legitimate oversight my colleagues will join me in express- Agency promulgated a rule revoking the re- investigations, refusing to appear before ing the Senate’s support for foster quirement for testing of tap water for per- committees of Congress, and, when he has youth as these young adults strive to- chlorate, a contaminant that has been found appeared, refusing to answer questions in a ward bright futures. in the drinking water of millions of people in forthright manner;

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Whereas there is strong evidence to believe S. CON. RES. 96 and for other purposes; which was ordered to that Administrator Johnson, at a minimum, Whereas on May 12, 2008, Irena Sendler, a lie on the table. provided misleading and intentionally in- living example of social justice, died at the SA 5252. Mr. CRAIG submitted an amend- complete statements to congressional com- age of 98; ment intended to be proposed by him to the mittees regarding the California waiver issue Whereas Irena Sendler repeatedly risked bill S. 3268, supra; which was ordered to lie and, at worst, has given false testimony be- her life during the Holocaust to rescue over on the table. fore those committees; 2,500 Jewish children who lived in the War- SA 5253. Mr. ALLARD submitted an Whereas, for example, Administrator John- saw ghetto in Poland from Nazi extermi- amendment intended to be proposed by him son on numerous occasions testified before nation; to the bill S. 3268, supra; which was ordered the Committee on Environment and Public Whereas Irena Sendler was inspired by her to lie on the table. Works of the Senate that he based his denial father, a physician who treated poor Jewish f of the California waiver request on Califor- patients, to dedicate her life to others; nia’s failure to meet the ‘‘compelling and ex- Whereas Irena Sendler became an activist TEXT OF AMENDMENTS traordinary’’ circumstances criterion under at the start of World War II, heading the SA 5250. Mr. DURBIN (for Mr. KEN- section 209(b) of the Clean Air Act (42 U.S.C. clandestine group Zegota and driving an un- 7543(b)), and that he reached this decision NEDY) submitted an amendment in- derground movement that provided safe pas- tended to be proposed by Mr. DURBIN to independently; sage for Jews from the Warsaw ghetto who Whereas, testimony by a former senior En- the bill H.R. 4137, to amend and extend faced disease, execution, or deportation to the Higher Education Act of 1965, and vironmental Protection Agency official, concentration camps; Jason Burnett, reveals that in fact Adminis- Whereas Irena Sendler became 1 of the for other purposes; as follows: trator Johnson had determined that Cali- most successful workers within Zegota, tak- Strike all after the enacting clause, and in- fornia met the requirements for a waiver ing charge of the children’s division and sert the following: under that Act and had communicated his using her senior position with the welfare de- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. plan to partially grant the waiver to the Ad- partment in Warsaw to gain access to and (a) SHORT TITLE.—This Act may be cited as ministration in a meeting at the White from the ghetto to build a network of allies the ‘‘Higher Education Amendments of 2007’’. House, only to reverse course and deny the to help ferry Jewish children from the War- (b) TABLE OF CONTENTS.—The table of con- waiver after White House officials ‘‘clearly saw ghetto; tents for this Act is as follows: articulated’’ President Bush’s ‘‘policy pref- Whereas Irena Sendler was arrested by the Sec. 1. Short title; table of contents. erence’’ for a single regulatory system, even Gestapo on October 20, 1943, tortured, and though the Clean Air Act clearly con- Sec. 2. References. sentenced to death by firing squad; Sec. 3. General effective date. templates a dual system in cases in which Whereas Irena Sendler never revealed de- TITLE I—GENERAL PROVISIONS the statutory criteria for the waiver are met; tails of her contacts, escaped from Pawiak Whereas Mr. Burnett’s testimony was that prison, and continued her invaluable work Sec. 101. Additional definitions. Administrator Johnson was prepared to with Zegota; Sec. 102. General definition of institution of grant the California waiver until it was Whereas in 1965, Irena Sendler was recog- higher education. ‘‘clearly articulated’’ to him that the Presi- nized as ‘‘Righteous Among the Nations’’ by Sec. 103. Definition of institution of higher dent preferred a different approach; the Yad Vashem Holocaust Memorial in education for purposes of title Whereas Administrator Johnson’s sworn Israel; IV programs. testimony before the Committee on Environ- Whereas in 2006, Irena Sendler was nomi- Sec. 104. Protection of student speech and ment and Public Works of the Senate ap- nated for the Nobel Peace Prize; association rights. pears to have been designed to mislead Con- Whereas Irena Sendler was awarded the Sec. 105. Accreditation and Institutional gress and the people of the United States re- Order of the White Eagle, the highest civil- Quality and Integrity Advisory garding the extent to which the White House ian decoration in Poland; Committee. Sec. 106. Drug and alcohol abuse prevention. intervened in the decision to deny the Cali- Whereas ‘‘Tzedek: The Righteous’’, a docu- Sec. 107. Prior rights and obligations. fornia waiver, despite the conclusion of ca- mentary film, and ‘‘Life in a Jar’’, a play Sec. 108. Transparency in college tuition for reer staff at the Environmental Protection about the rescue efforts made by Irena consumers. Agency, and evidently of the Administrator Sendler, chronicle the life of Irena Sendler; Sec. 109. Databases of student information himself, that the statutory criteria for Whereas Irena Sendler, a woman who prohibited. granting the waiver under the Clean Air Act risked everything for the lives of others and Sec. 110. Clear and easy-to-find information had been met; and whose bravery is unimaginable to many, ex- Whereas the Environmental Protection on student financial aid. pressed guilt for not being able to do more Sec. 110A. State higher education informa- Agency is an agency in crisis and is in need for the Jewish people; and of leadership dedicated to tackling the enor- tion system pilot program. Whereas the story of Irena Sendler reminds Sec. 111. Performance-based organization for mous public health and environmental issues citizens of the United States and the world faced by our country and our planet, in an the delivery of Federal student community not only of the horrible cruelty financial assistance. independent manner that comports with at the time of the Holocaust, but also the in- science and the law and is immune from po- Sec. 112. Procurement flexibility. credible difference one person can make: Sec. 113. Institution and lender reporting litical interference: Now, therefore, be it Now, therefore, be it Resolved, That it is the sense of the Senate and disclosure requirements. Resolved by the Senate (the House of Rep- that— Sec. 114. Employment of postsecondary edu- resentatives concurring), That Congress— (1) the Senate has lost confidence in the cation graduates. (1) mourns the loss of Irena Sendler, a Administrator of the Environmental Protec- Sec. 115. Foreign medical schools. woman whose bravery and heroic efforts tion Agency, Stephen L. Johnson; Sec. 116. Demonstration and certification saved over 2,500 Jewish children during the (2) Administrator Johnson should resign regarding the use of certain Holocaust; his position immediately; and Federal funds. (2) pays respect and extends condolences to (3) the Department of Justice should open TITLE II—TEACHER QUALITY the Sendler family; an investigation into the veracity of his con- ENHANCEMENT (3) honors the legacy of courage, selfless- gressional testimony regarding the Cali- ness, and hope that Irena Sendler exhibited; Sec. 201. Teacher quality partnership grants. fornia waiver decision and to pursue any and Sec. 202. General provisions. prosecutorial action the Department deter- (4) remembers the life and unwavering TITLE III—INSTITUTIONAL AID mines to be warranted. dedication to justice and human rights of Sec. 301. Program purpose. f Irena Sendler. Sec. 302. Definitions; eligibility. Sec. 303. American Indian tribally con- SENATE CONCURRENT RESOLU- f TION 96—COMMEMORATING trolled colleges and univer- IRENA SENDLER, A WOMAN AMENDMENTS SUBMITTED AND sities. PROPOSED Sec. 304. Alaska Native and Native Hawai- WHOSE BRAVERY SAVED THE ian-serving institutions. LIVES OF THOUSANDS DURING SA 5250. Mr. DURBIN (for Mr. KENNEDY) Sec. 305. Native American-serving, nontribal THE HOLOCAUST AND REMEM- submitted an amendment intended to be pro- institutions. BERING HER LEGACY OF COUR- posed by Mr. DURBIN to the bill H.R. 4137, to Sec. 306. Part B definitions. AGE, SELFLESSNESS, AND HOPE. amend and extend the Higher Education Act Sec. 307. Grants to institutions. of 1965, and for other purposes. Sec. 308. Allotments to institutions. Mr. REID (for Mr. OBAMA (for himself SA 5251. Mr. CRAIG submitted an amend- Sec. 309. Professional or graduate institu- and Mr. SPECTER)) submitted the fol- ment intended to be proposed by him to the tions. lowing concurrent resolution; which bill S. 3268, to amend the Commodity Ex- Sec. 310. Authority of the Secretary. was referred to the Committee on the change Act, to prevent excessive price specu- Sec. 311. Authorization of appropriations. Judiciary: lation with respect to energy commodities, Sec. 312. Technical corrections.

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TITLE IV—STUDENT ASSISTANCE PART G—PROGRAM INTEGRITY Sec. 715. Applications for demonstration PART A—GRANTS TO STUDENTS IN ATTEND- Sec. 491. Recognition of accrediting agency projects to ensure students ANCE AT INSTITUTIONS OF HIGHER EDUCATION or association. with disabilities receive a qual- ity higher education. Sec. 401. Federal Pell Grants. Sec. 492. Administrative capacity standard. Sec. 402. Academic competitiveness grants. Sec. 493. Program review and data. Sec. 716. Authorization of appropriations for Sec. 403. Federal Trio Programs. Sec. 494. Timely information about loans. demonstration projects to en- Sec. 404. Gaining early awareness and readi- Sec. 495. Auction evaluation and report. sure students with disabilities ness for undergraduate pro- TITLE V—DEVELOPING INSTITUTIONS receive a quality higher edu- grams. cation. Sec. 501. Authorized activities. Sec. 717. Research grants. Sec. 405. Academic achievement incentive Sec. 502. Postbaccalaureate opportunities scholarships. for Hispanic Americans. TITLE VIII—MISCELLANEOUS Sec. 406. Federal supplemental educational Sec. 503. Applications. Sec. 801. Miscellaneous. opportunity grants. Sec. 504. Cooperative arrangements. Sec. 802. Additional programs. Sec. 407. Leveraging Educational Assistance Sec. 505. Authorization of appropriations. Sec. 803. Student loan clearinghouse. Partnership program. TITLE VI—INTERNATIONAL EDUCATION Sec. 804. Minority serving institutions for Sec. 408. Special programs for students PROGRAMS advanced technology and edu- whose families are engaged in cation. migrant and seasonal farm- Sec. 601. Findings. Sec. 602. Graduate and undergraduate lan- TITLE IX—AMENDMENTS TO OTHER work. LAWS Sec. 409. Robert C. Byrd Honors Scholarship guage and area centers and pro- Program. grams. PART A—EDUCATION OF THE DEAF ACT Sec. 410. Child care access means parents in Sec. 603. Undergraduate international stud- OF 1986 school. ies and foreign language pro- Sec. 901. Laurent Clerc National Deaf Edu- Sec. 411. Learning anytime anywhere part- grams. cation Center. nerships. Sec. 604. Research; studies. Sec. 902. Agreement with Gallaudet Univer- Sec. 605. Technological innovation and co- sity. PART B—FEDERAL FAMILY EDUCATION LOAN operation for foreign informa- Sec. 903. Agreement for the National Tech- PROGRAM tion access. nical Institute for the Deaf. Sec. 421. Federal payments to reduce stu- Sec. 606. Selection of certain grant recipi- Sec. 904. Cultural experiences grants. dent interest costs. ents. Sec. 905. Audit. Sec. 422. Federal Consolidation Loans. Sec. 607. American overseas research cen- Sec. 906. Reports. Sec. 423. Default reduction program. ters. Sec. 907. Monitoring, evaluation, and report- Sec. 424. Reports to consumer reporting Sec. 608. Authorization of appropriations for ing. agencies and institutions of international and foreign lan- Sec. 908. Liaison for educational programs. higher education. guage studies. Sec. 909. Federal endowment programs for Sec. 425. Common forms and formats. Sec. 609. Centers for international business Gallaudet University and the Sec. 426. Student loan information by eligi- education. National Technical Institute ble lenders. Sec. 610. Education and training programs. for the Deaf. Sec. 427. Consumer education information. Sec. 611. Authorization of appropriations for Sec. 910. Oversight and effect of agreements. Sec. 428. Definition of eligible lender. business and international edu- Sec. 911. International students. Sec. 429. Discharge and cancellation rights cation programs. Sec. 912. Research priorities. in cases of disability. Sec. 612. Minority foreign service profes- Sec. 913. Authorization of appropriations. PART C—FEDERAL WORK-STUDY PROGRAMS sional development program. PART B—UNITED STATES INSTITUTE OF Sec. 441. Authorization of appropriations. Sec. 613. Institutional development. PEACE ACT Sec. 442. Allowance for books and supplies. Sec. 614. Study abroad program. Sec. 615. Advanced degree in international Sec. 921. United States Institute of Peace Sec. 443. Grants for Federal work-study pro- Act. grams. relations. Sec. 444. Job location and development pro- Sec. 616. Internships. PART C—THE HIGHER EDUCATION grams. Sec. 617. Financial assistance. AMENDMENTS OF 1998 Sec. 445. Work colleges. Sec. 618. Report. Sec. 931. Repeals. Sec. 619. Gifts and donations. PART D—FEDERAL PERKINS LOANS Sec. 932. Grants to States for workplace and Sec. 620. Authorization of appropriations for community transition training Sec. 451. Program authority. the Institute for International for incarcerated youth offend- Sec. 451A. Allowance for books and supplies. Public Policy. ers. Sec. 451B. Perkins loan forbearance. Sec. 621. Definitions. Sec. 933. Underground railroad educational Sec. 452. Cancellation of loans for certain Sec. 622. Assessment and enforcement. and cultural program. public service. TITLE VII—GRADUATE AND POSTSEC- Sec. 934. Olympic scholarships under the PART E—NEED ANALYSIS ONDARY IMPROVEMENT PROGRAMS Higher Education Amendments Sec. 461. Cost of attendance. Sec. 701. Purpose. of 1992. Sec. 462. Definitions. Sec. 702. Allocation of Jacob K. Javits Fel- PART D—INDIAN EDUCATION PART F—GENERAL PROVISIONS RELATING TO lowships. SUBPART 1—TRIBAL COLLEGES AND STUDENT ASSISTANCE Sec. 703. Stipends. UNIVERSITIES Sec. 704. Authorization of appropriations for Sec. 471. Definitions. Sec. 941. Reauthorization of the Tribally the Jacob K. Javits Fellowship Sec. 472. Compliance calendar. Controlled College or Univer- Program. Sec. 473. Forms and regulations. sity Assistance Act of 1978. Sec. 474. Student eligibility. Sec. 705. Institutional eligibility under the Sec. 475. Statute of limitations and State Graduate Assistance in Areas of SUBPART 2—NAVAJO HIGHER EDUCATION court judgments. National Need Program. Sec. 945. Short title. Sec. 476. Institutional refunds. Sec. 706. Awards to graduate students. Sec. 946. Reauthorization of Navajo Commu- Sec. 477. Institutional and financial assist- Sec. 707. Additional assistance for cost of nity College Act. ance information for students. education. PART E—OMNIBUS CRIME CONTROL AND SAFE Sec. 478. Entrance counseling required. Sec. 708. Authorization of appropriations for STREETS ACT OF 1968 the Graduate Assistance in Sec. 479. National Student Loan Data Sys- Sec. 951. Short title. Areas of National Need Pro- tem. Sec. 952. Loan repayment for prosecutors gram. Sec. 480. Early awareness of financial aid and defenders. eligibility. Sec. 709. Legal educational opportunity pro- Sec. 481. Program participation agreements. gram. SEC. 2. REFERENCES. Sec. 482. Regulatory relief and improve- Sec. 710. Fund for the improvement of post- Except as otherwise expressly provided, ment. secondary education. whenever in this Act an amendment or re- Sec. 483. Transfer of allotments. Sec. 711. Special projects. peal is expressed in terms of an amendment Sec. 484. Purpose of administrative pay- Sec. 712. Authorization of appropriations for to, or repeal of, a section or other provision, ments. the fund for the improvement the reference shall be considered to be made Sec. 485. Advisory Committee on student fi- of postsecondary education. to a section or other provision of the Higher nancial assistance. Sec. 713. Repeal of the urban community Education Act of 1965 (20 U.S.C. 1001 et seq.). Sec. 486. Regional meetings. service program. SEC. 3. GENERAL EFFECTIVE DATE. Sec. 487. Year 2000 requirements at the De- Sec. 714. Grants for students with disabil- Except as otherwise provided in this Act or partment. ities. the amendments made by this Act, the

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.070 S29JYPT1 erowe on PRODPC61 with SENATE S7642 CONGRESSIONAL RECORD — SENATE July 29, 2008 amendments made by this Act shall take ef- Representatives and the Committee on serting ‘‘members of the authorizing com- fect on the date of enactment of this Act. Labor and Human Resources of the Senate’’ mittees’’; TITLE I—GENERAL PROVISIONS and inserting ‘‘authorizing committees’’; (iv) in paragraph (8)(C), by striking ‘‘imple- SEC. 101. ADDITIONAL DEFINITIONS. (3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), mented to the Chairman’’ and all that fol- by striking ‘‘to the Committee on Appropria- lows through ‘‘House of Representatives, (a) AMENDMENT.—Section 103 (20 U.S.C. 1003) is amended— tions’’ and all that follows through ‘‘House and’’ and inserting ‘‘implemented to the (1) by redesignating paragraphs (9) through of Representatives’’ and inserting ‘‘to the members of the authorizing committees, and (16) as paragraphs (13) through (20); respec- Committee on Appropriations of the Senate, to’’; and tively; the Committee on Appropriations of the (v) in the matter preceding subparagraph House of Representatives, and the author- (A) of paragraph (10), by striking ‘‘days to (2) by redesignating paragraphs (4) through izing committees’’; the Chairman’’ and all that follows through (8) as paragraphs (7) through (11), respec- (4) in section 428 (20 U.S.C. 1078)— ‘‘Education and Labor’’ and inserting ‘‘days tively; (A) in subsection (c)(9)(K), by striking to the members of the authorizing commit- (3) by redesignating paragraphs (1), (2), and ‘‘House Committee on Education and the tees’’; and (3) as paragraphs (2), (4), and (5), respec- Workforce and the Senate Committee on (C) in subsection (s)(2)— tively; Labor and Human Resources’’ and inserting (i) in the matter preceding clause (i) of (4) by inserting before paragraph (2) (as re- ‘‘authorizing committees’’; subparagraph (A), by striking ‘‘Treasury and designated by paragraph (2)) the following: (B) in the matter following paragraph (2) of to the Chairman’’ and all that follows ‘‘(1) AUTHORIZING COMMITTEES.—The term subsection (g), by striking ‘‘Committee on through ‘‘House of Representatives’’ and in- ‘authorizing committees’ means the Com- Labor and Human Resources of the Senate serting ‘‘Treasury and to the members of the mittee on Health, Education, Labor, and and the Committee on Education and the authorizing committees’’; and Pensions of the Senate and the Committee Workforce of the House of Representatives’’ (ii) in subparagraph (B), by striking on Education and Labor of the House of Rep- and inserting ‘‘authorizing committees’’; and ‘‘Treasury and to the Chairman’’ and all that resentatives.’’; (C) in subsection (n)(4), by striking ‘‘Com- follows through ‘‘House of Representatives’’ (5) by inserting after paragraph (2) (as re- mittee on Education and the Workforce of and inserting ‘‘Treasury and to the members designated by paragraph (3)) the following: the House of Representatives and the Com- of the authorizing committees’’; ‘‘(3) CRITICAL FOREIGN LANGUAGE.—The mittee on Labor and Human Resources of the (9) in section 455(b)(8)(B) (20 U.S.C. term ‘critical foreign language’ means each Senate’’ and inserting ‘‘authorizing commit- 1087e(b)(8)(B)), by striking ‘‘Committee on of the languages contained in the list of crit- tees’’; Labor and Human Resources of the Senate ical languages designated by the Secretary (5) in section 428A(c) (20 U.S.C. 1078–1(c))— and the Committee on Education and the in the Federal Register on August 2, 1985 (50 (A) in the matter preceding subparagraph Workforce of the House of Representatives’’ Fed. Reg. 149, 31412; promulgated under the (A) of paragraph (2), by striking ‘‘Chair- and inserting ‘‘authorizing committees’’; authority of section 212(d) of the Education person’’ and all that follows through ‘‘House (10) in section 482(d) (20 U.S.C. 1089(d)), by for Economic Security Act (repealed by sec- of Representatives’’ and inserting ‘‘members striking ‘‘Committee on Labor and Human tion 2303 of the Augustus F. Hawkins-Robert of the authorizing committees’’; Resources of the Senate and the Committee T. Stafford Elementary and Secondary (B) in paragraph (3), by striking ‘‘Chair- on Education and Labor of the House of Rep- School Improvement Amendments of 1988)), person’’ and all that follows through ‘‘House resentatives’’ and inserting ‘‘authorizing except that in the implementation of this of Representatives’’ and inserting ‘‘members committees’’; definition with respect to a specific title, the of the authorizing committees’’; and (11) in section 483(c) (20 U.S.C. 1090(c)), by Secretary may set priorities according to the (C) in paragraph (5), by striking ‘‘Chair- striking ‘‘Committee on Labor and Human purposes of such title and the national secu- person’’ and all that follows through ‘‘House Resources of the Senate and the Committee rity, economic competitiveness, and edu- of Representatives’’ and inserting ‘‘members on Education and the Workforce of the cational needs of the United States.’’; of the authorizing committees’’; House of Representatives’’ and inserting (6) by inserting after paragraph (5) (as re- (6) in section 432 (20 U.S.C. 1082)— ‘‘authorizing committees’’; designated by paragraph (3)) the following: (A) in subsection (f)(1)(C), by striking ‘‘the (12) in section 485 (20 U.S.C. 1092)— ‘‘(6) DISTANCE EDUCATION.— Committee on Education and the Workforce (A) in subsection (f)(5)(A), by striking ‘‘(A) IN GENERAL.—Except as otherwise pro- of the House of Representatives or the Com- ‘‘Committee on Education and the Work- vided, the term ‘distance education’ means mittee on Labor and Human Resources of the force of the House of Representatives and the education that uses 1 or more of the tech- Senate’’ and inserting ‘‘either of the author- Committee on Labor and Human Resources nologies described in subparagraph (B)— izing committees’’; and of the Senate’’ and inserting ‘‘authorizing ‘‘(i) to deliver instruction to students who (B) in the matter following subparagraph committees’’; and are separated from the instructor; and (D) of subsection (n)(3), by striking ‘‘Com- (B) in subsection (g)(4)(B), by striking ‘‘(ii) to support regular and substantive mittee on Education and the Workforce of ‘‘Committee on Education and the Work- interaction between the students and the in- the House of Representatives and the Com- force of the House of Representatives and the structor, synchronously or asynchronously. mittee on Labor and Human Resources of the Committee on Labor and Human Resources ‘‘(B) INCLUSIONS.—For the purposes of sub- Senate’’ and inserting ‘‘authorizing commit- of the Senate’’ and inserting ‘‘authorizing paragraph (A), the technologies used may in- tees’’; committees’’; clude— (7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), (13) in section 486 (20 U.S.C. 1093)— ‘‘(i) the Internet; by striking ‘‘Committee on Education and (A) in subsection (e), by striking ‘‘Com- ‘‘(ii) one-way and two-way transmissions the Workforce of the House of Representa- mittee on Labor and Human Resources of the through open broadcast, closed circuit, tives and the Committee on Labor and Senate and the Committee on Education and cable, microwave, broadband lines, fiber op- Human Resources of the Senate’’ and insert- the Workforce of the House of Representa- tics, satellite, or wireless communications ing ‘‘authorizing committees’’; tives’’ and inserting ‘‘authorizing commit- devices; (8) in section 439 (20 U.S.C. 1087–2)— tees’’; and ‘‘(iii) audio conferencing; or (A) in subsection (d)(1)(E)(iii), by striking (B) in subsection (f)(3)— ‘‘(iv) video cassette, DVDs, and CD–ROMs, ‘‘advise the Chairman’’ and all that follows (i) in the matter preceding clause (i) of if the cassette, DVDs, and CD–ROMs are used through ‘‘House of Representatives’’ and in- subparagraph (A), by striking ‘‘Committee in a course in conjunction with the tech- serting ‘‘advise the members of the author- on Labor and Human Resources of the Sen- nologies listed in clauses (i) through (iii).’’; izing committees’’; ate and the Committee on Education and the and (B) in subsection (r)— Workforce of the House of Representatives’’ (7) by inserting after paragraph (11) (as re- (i) in paragraph (3), by striking ‘‘inform and inserting ‘‘authorizing committees’’; and designated by paragraph (2)) the following: the Chairman’’ and all that follows through (ii) in the matter preceding clause (i) of ‘‘(12) POVERTY LINE.—The term ‘poverty ‘‘House of Representatives,’’ and inserting subparagraph (B), by striking ‘‘Committee line’ means the poverty line (as defined in ‘‘inform the members of the authorizing on Labor and Human Resources of the Sen- section 673(2) of the Community Services committees’’; ate and the Committee on Education and the Block Grant Act (42 U.S.C. 9902(2))) applica- (ii) in paragraph (5)(B), by striking ‘‘plan, Workforce of the House of Representatives’’ ble to a family of the size involved.’’. to the Chairman’’ and all that follows and inserting ‘‘authorizing committees’’; (b) CONFORMING AMENDMENTS.—The Act (20 through ‘‘Education and Labor’’ and insert- (14) in section 487A(a)(5) (20 U.S.C. U.S.C. 1001 et seq.) is amended— ing ‘‘plan, to the members of the authorizing 1094a(a)(5)), by striking ‘‘Committee on (1) in section 131(a)(3)(B) (20 U.S.C. committees’’; Labor and Human Resources of the Senate 1015(a)(3)(B)), by striking ‘‘Committee on (iii) in paragraph (6)(B)— and the Committee on Education and the Labor and Human Resources of the Senate (I) by striking ‘‘plan, to the Chairman’’ Workforce of the House of Representatives’’ and the Committee on Education and the and all that follows through ‘‘House of Rep- and inserting ‘‘authorizing committees’’; and Workforce of the House of Representatives’’ resentatives’’ and inserting ‘‘plan, to the (15) in section 498B(d) (20 U.S.C. 1099c– and inserting ‘‘authorizing committees’’; members of the authorizing committees’’; 2(d))— (2) in section 141(d)(4)(B) (20 U.S.C. and (A) in paragraph (1), by striking ‘‘Com- 1018(d)(4)(B)), by striking ‘‘Committee on (II) by striking ‘‘Chairmen and ranking mi- mittee on Labor and Human Resources of the Education and the Workforce of the House of nority members of such Committees’’ and in- Senate and the Committee on Education and

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.070 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7643 the Workforce of the House of Representa- ‘‘(B) individual colleges and universities ‘‘(B) 4 years for members appointed under tives’’ and inserting ‘‘authorizing commit- have different missions and each institution paragraph (1)(B); and tees’’; and should design its academic program in ac- ‘‘(C) 6 years for members appointed under (B) in paragraph (2), by striking ‘‘Com- cordance with its educational goals; paragraph (1)(C). mittee on Labor and Human Resources of the ‘‘(C) a college should facilitate the free and ‘‘(6) CHAIRPERSON.—The members of the Senate and the Committee on Education and open exchange of ideas; Committee shall select a chairperson from the Workforce of the House of Representa- ‘‘(D) students should not be intimidated, among the members. tives’’ and inserting ‘‘authorizing commit- harassed, discouraged from speaking out, or ‘‘(c) FUNCTIONS.—The Committee shall— tees’’. discriminated against; ‘‘(1) advise the Secretary with respect to SEC. 102. GENERAL DEFINITION OF INSTITUTION ‘‘(E) students should be treated equally establishment and enforcement of the stand- OF HIGHER EDUCATION. and fairly; and ards of accrediting agencies or associations Section 101 (20 U.S.C. 1001) is amended— ‘‘(F) nothing in this paragraph shall be under subpart 2 of part H of title IV; (1) in subsection (a)(3), by inserting ‘‘, or construed to modify, change, or infringe ‘‘(2) advise the Secretary with respect to awards a degree that is acceptable for admis- upon any constitutionally protected reli- the recognition of a specific accrediting sion to a graduate or professional degree pro- gious liberty, freedom, expression, or asso- agency or association; gram, subject to the review and approval by ciation.’’; and ‘‘(3) advise the Secretary with respect to the Secretary’’ after ‘‘such a degree’’; and (2) in subsection (b)(1), by inserting ‘‘, pro- the preparation and publication of the list of (2) by striking subsection (b)(2) and insert- vided that the imposition of such sanction is nationally recognized accrediting agencies ing the following: done objectively and fairly’’ after ‘‘higher and associations; ‘‘(4) advise the Secretary with respect to ‘‘(2) a public or nonprofit private edu- education’’. the eligibility and certification process for cational institution in any State that, in SEC. 105. ACCREDITATION AND INSTITUTIONAL institutions of higher education under title lieu of the requirement in subsection (a)(1), QUALITY AND INTEGRITY ADVISORY IV, together with recommendations for im- admits as regular students persons— COMMITTEE. provements in such process; ‘‘(A) who are beyond the age of compulsory (a) IN GENERAL.—Section 114 (20 U.S.C. ‘‘(5) advise the Secretary with respect to school attendance in the State in which the 1011c) is amended to read as follows: the relationship between— institution is located; or ‘‘SEC. 114. ACCREDITATION AND INSTITUTIONAL ‘‘(A) accreditation of institutions of higher ‘‘(B) who will be dually or concurrently en- QUALITY AND INTEGRITY COM- education and the certification and eligi- rolled in the institution and a secondary MITTEE. bility of such institutions; and school.’’. ‘‘(a) ESTABLISHMENT.—There is established ‘‘(B) State licensing responsibilities with SEC. 103. DEFINITION OF INSTITUTION OF HIGH- in the Department an Accreditation and In- respect to such institutions; and ER EDUCATION FOR PURPOSES OF stitutional Quality and Integrity Advisory ‘‘(6) carry out such other advisory func- TITLE IV PROGRAMS. Committee (in this section referred to as the tions relating to accreditation and institu- Section 102 (20 U.S.C. 1002) is amended— ‘Committee’) to assess the process of accred- tional eligibility as the Secretary may pre- (1) by striking subclause (II) of subsection itation and the institutional eligibility and scribe in regulation. (a)(2)(A)(i) and inserting the following: certification of such institutions under title ‘‘(d) MEETING PROCEDURES.— ‘‘(II) the institution has or had a clinical IV. ‘‘(1) SCHEDULE.— training program that was approved by a ‘‘(b) MEMBERSHIP.— ‘‘(A) BIANNUAL MEETINGS.—The Committee State as of January 1, 1992, and has continu- ‘‘(1) IN GENERAL.—The Committee shall shall meet not less often than twice each ously operated a clinical training program in have 15 members, of which— year, at the call of the Chairperson. not less than 1 State that is approved by ‘‘(A) 5 members shall be appointed by the ‘‘(B) PUBLICATION OF DATE.—The Com- such State;’’; Secretary; mittee shall submit the date and location of (2) in subsection (b)— ‘‘(B) 5 members shall be appointed by the each meeting in advance to the Secretary, (A) in paragraph (1)— Speaker of the House of Representatives and the Secretary shall publish such infor- (i) in subparagraph (D), by inserting ‘‘and’’ upon the recommendation of the majority mation in the Federal Register not later after the semicolon; leader and minority leader of the House of than 30 days before the meeting. (ii) in subparagraph (E), by striking ‘‘; Representatives; and ‘‘(2) AGENDA.— and’’ and inserting a period; and ‘‘(C) 5 members shall be appointed by the ‘‘(A) ESTABLISHMENT.—The agenda for a (iii) by striking subparagraph (F); and President pro tempore of the Senate upon meeting of the Committee shall be estab- (B) by striking paragraph (2) and inserting the recommendation of the majority leader lished by the Chairperson and shall be sub- the following: and minority leader of the Senate. mitted to the members of the Committee ‘‘(2) ADDITIONAL INSTITUTIONS.—The term ‘‘(2) QUALIFICATIONS.—Individuals shall be upon notification of the meeting. ‘proprietary institution of higher education’ appointed as members of the Committee on— ‘‘(B) OPPORTUNITY FOR PUBLIC COMMENT.— also includes a proprietary educational insti- ‘‘(A) the basis of the individuals’ experi- The agenda shall include, at a minimum, op- tution in any State that, in lieu of the re- ence, integrity, impartiality, and good judg- portunity for public comment during the quirement in section 101(a)(1), admits as reg- ment; Committee’s deliberations. ular students persons— ‘‘(B) from among individuals who are rep- ‘‘(3) SECRETARY’S DESIGNEE.— ‘‘(A) who are beyond the age of compulsory resentatives of, or knowledgeable con- ‘‘(A) ATTENDANCE AT MEETING.—The Chair- school attendance in the State in which the cerning, education and training beyond sec- person shall invite the Secretary’s designee institution is located; or ondary education, representatives of all sec- to attend all meetings of the Committee. ‘‘(B) who will be dually or concurrently en- tors and types of institutions of higher edu- ‘‘(B) ROLE OF DESIGNEE.—The Secretary’s rolled in the institution and a secondary cation (as defined in section 102); and designee may be present at a Committee school.’’; and ‘‘(C) on the basis of the individuals’ tech- meeting to facilitate the exchange and free (3) by striking subsection (c)(2) and insert- nical qualifications, professional standing, flow of information between the Secretary ing the following: and demonstrated knowledge in the fields of and the Committee. The designee shall have ‘‘(2) ADDITIONAL INSTITUTIONS.—The term accreditation and administration in higher no authority over the agenda of the meeting, ‘postsecondary vocational institution’ also education. the items on that agenda, or on the resolu- includes an educational institution in any ‘‘(3) TERMS OF MEMBERS.—The term of of- tion of any agenda item. State that, in lieu of the requirement in sec- fice of each member of the Committee shall ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.— tion 101(a)(1), admits as regular students per- be for 6 years, except that any member ap- The provisions of the Federal Advisory Com- sons— pointed to fill a vacancy occurring prior to mittee Act (5 U.S.C. App.) shall apply to the ‘‘(A) who are beyond the age of compulsory the expiration of the term for which the Committee, except that section 14 of such school attendance in the State in which the member’s predecessor was appointed shall be Act shall not apply. institution is located; or appointed for the remainder of such term. ‘‘(e) REPORT AND NOTICE.— ‘‘(B) who will be dually or concurrently en- ‘‘(4) VACANCY.—A vacancy on the Com- ‘‘(1) NOTICE.—The Secretary shall annually rolled in the institution and a secondary mittee shall be filled in the same manner as publish in the Federal Register— school.’’. the original appointment was made not later ‘‘(A) a list containing, for each member of SEC. 104. PROTECTION OF STUDENT SPEECH AND than 90 days after the vacancy occurred. If a the Committee— ASSOCIATION RIGHTS. vacancy occurs in a position to be filled by ‘‘(i) the member’s name; Section 112 (20 U.S.C. 1011a) is amended— the Secretary, the Secretary shall publish a ‘‘(ii) the date of the expiration of the mem- (1) in subsection (a)— Federal Register notice soliciting nomina- ber’s term of office; and (A) by inserting ‘‘(1)’’ before ‘‘It is the tions for the position not later than 30 days ‘‘(iii) the individual described in subsection sense’’; and after being notified of the vacancy. (b)(1) who appointed the member; and (B) by adding at the end the following: ‘‘(5) INITIAL TERMS.—The terms of office for ‘‘(B) a solicitation of nominations for each ‘‘(2) It is the sense of Congress that— the initial members of the Committee shall expiring term of office on the Committee of ‘‘(A) the diversity of institutions and edu- be— a member appointed by the Secretary. cational missions is one of the key strengths ‘‘(A) 2 years for members appointed under ‘‘(2) REPORT.—Not later than September 30 of American higher education; paragraph (1)(A); of each year, the Committee shall make an

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annual report to the Secretary, the author- ‘‘(2) DEVELOPMENT.—The higher education ‘‘(4) STATE HIGHER EDUCATION APPROPRIA- izing committees, and the public. The annual price index under paragraph (1) shall be de- TIONS CHART.—The Secretary shall annually report shall contain— veloped for each of the following categories: report, in charts for each State— ‘‘(A) a detailed summary of the agenda and ‘‘(A) 4-year public degree-granting institu- ‘‘(A) a comparison of the percentage activities of, and the findings and rec- tions of higher education. change in State appropriations per enrolled ommendations made by, the Committee dur- ‘‘(B) 4-year private degree-granting institu- student in a public institution of higher edu- ing the preceding fiscal year; tions of higher education. cation in the State to the percentage change ‘‘(B) a list of the date and location of each ‘‘(C) 2-year public degree-granting institu- in tuition and fees for each public institution meeting during the preceding fiscal year; tions of higher education. of higher education in the State for each of ‘‘(C) a list of the members of the Com- ‘‘(D) 2-year private degree-granting insti- the previous 5 years; and mittee and appropriate contact information; tutions of higher education. ‘‘(B) the total amount of need-based and and ‘‘(E) Less than 2-year institutions of higher merit-based aid provided by the State to stu- ‘‘(D) a list of the functions of the Com- education. dents enrolled in a public institution of high- mittee, including any additional functions ‘‘(F) All types of institutions described in er education in the State. established by the Secretary through regula- subparagraphs (A) through (E). ‘‘(5) SHARING OF INFORMATION.—The Sec- tion. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— retary shall share the information under ‘‘(f) TERMINATION.—The Committee shall There are authorized to be appropriated to paragraphs (1) through (4) with the public, terminate on September 30, 2012.’’. carry out this subsection such sums as may including with private sector college guide- (b) TERMINATION OF NACIQI.—The National be necessary. book publishers. ‘‘(d) NET PRICE CALCULATOR.— Advisory Committee on Institutional Qual- ‘‘(c) REPORTING.— ‘‘(1) DEVELOPMENT.—Not later than 1 year ity and Integrity, established under section ‘‘(1) IN GENERAL.—The Secretary shall an- after the date of enactment of the Higher 114 of the Higher Education Act of 1965 (as nually report, in a national list and in a list Education Amendments of 2007, the Sec- such section was in effect the day before the for each State, a ranking of institutions of retary shall, in consultation with institu- date of enactment of this Act) shall termi- higher education according to such institu- tions of higher education, develop and make nate 30 days after such date. tions’ change in tuition and fees over the several model net price calculators to help preceding 2 years. The purpose of such lists SEC. 106. DRUG AND ALCOHOL ABUSE PREVEN- students, families, and consumers determine TION. is to provide consumers with general infor- the net price of an institution of higher edu- mation on pricing trends among institutions Section 120(a)(2) (20 U.S.C. 1011i(a)(2)) is cation, which institutions of higher edu- of higher education nationally and in each amended— cation may, at their discretion, elect to use State. (1) in subparagraph (A), by striking ‘‘and’’ pursuant to paragraph (3). after the semicolon; ‘‘(2) COMPILATION.— ‘‘(2) CATEGORIES.—The model net price cal- ‘‘(A) IN GENERAL.—The lists described in (2) by redesignating subparagraph (B) as culators described in paragraph (1) shall be paragraph (1) shall be compiled according to subparagraph (D); and developed for each of the following cat- the following categories: (3) by inserting after subparagraph (A) (as egories: ‘‘(i) 4-year public institutions of higher amended by paragraph (1)) the following: ‘‘(A) 4-year public institutions of higher education. ‘‘(B) determine the number of drug and al- education. ‘‘(ii) 4-year private, nonprofit institutions cohol-related incidents and fatalities that— ‘‘(B) 4-year private, nonprofit institutions of higher education. ‘‘(i) occur on the institution’s property or of higher education. ‘‘(iii) 4-year private, for-profit institutions as part of any of the institution’s activities; ‘‘(C) 4-year private, for-profit institutions of higher education. and of higher education. ‘‘(iv) 2-year public institutions of higher ‘‘(ii) are reported to the institution; ‘‘(D) 2-year public institutions of higher education. ‘‘(C) determine the number and type of education. ‘‘(v) 2-year private, nonprofit institutions sanctions described in paragraph (1)(E) that ‘‘(E) 2-year private, nonprofit institutions of higher education. are imposed by the institution as a result of of higher education. ‘‘(vi) 2-year private, for-profit institutions drug and alcohol-related incidents and fa- ‘‘(F) 2-year private, for-profit institutions of higher education. talities on the institution’s property or as of higher education. ‘‘(vii) Less than 2-year public institutions part of any of the institution’s activities; ‘‘(G) Less than 2-year public institutions of of higher education. and’’. higher education. ‘‘(viii) Less than 2-year private, nonprofit SEC. 107. PRIOR RIGHTS AND OBLIGATIONS. ‘‘(H) Less than 2-year private, nonprofit in- institutions of higher education. Section 121(a) (20 U.S.C. 1011j(a)) is amend- stitutions of higher education. ‘‘(ix) Less than 2-year private, for-profit in- ed— ‘‘(I) Less than 2-year private, for-profit in- stitutions of higher education. (1) in paragraph (1), by striking ‘‘1999 and stitutions of higher education. ‘‘(B) PERCENTAGE AND DOLLAR CHANGE.— for each of the 4 succeeding fiscal years’’ and ‘‘(3) USE OF NET PRICE CALCULATOR BY INSTI- The lists described in paragraph (1) shall in- inserting ‘‘2008 and for each succeeding fiscal TUTIONS.—Not later than 3 years after the clude 2 lists for each of the categories under year’’; and date of enactment of the Higher Education subparagraph (A) as follows: (2) in paragraph (2), by striking ‘‘1999 and Amendments of 2007, each institution of ‘‘(i) 1 list in which data is compiled by per- for each of the 4 succeeding fiscal years’’ and higher education that receives Federal funds centage change in tuition and fees over the inserting ‘‘2008 and for each succeeding fiscal under this Act shall adopt and use a net preceding 2 years. year’’. price calculator to help students, families, ‘‘(ii) 1 list in which data is compiled by dol- and other consumers determine the net price SEC. 108. TRANSPARENCY IN COLLEGE TUITION lar change in tuition and fees over the pre- of such institution of higher education. Such FOR CONSUMERS. ceding 2 years. calculator may be— Part C of title I (20 U.S.C. 1015) is amended ‘‘(3) HIGHER EDUCATION PRICE INCREASE ‘‘(A) based on a model calculator developed by adding at the end the following: WATCH LISTS.—Upon completion of the devel- by the Department; or ‘‘SEC. 132. TRANSPARENCY IN COLLEGE TUITION opment of the higher education price indices ‘‘(B) developed by the institution of higher FOR CONSUMERS. described in paragraph (1), the Secretary education. ‘‘(a) NET PRICE.—In this section, the term shall annually report, in a national list, and ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘net price’ means the average yearly tuition in a list for each State, a ranking of each in- There are authorized to be appropriated to and fees paid by a full-time undergraduate stitution of higher education whose tuition carry out this subsection such sums as may student at an institution of higher edu- and fees outpace such institution’s applica- be necessary. cation, after discounts and grants from the ble higher education price index described in ‘‘(e) NET PRICE REPORTING IN APPLICATION institution, Federal Government, or a State subsection (b). Such lists shall— INFORMATION.—An institution of higher edu- have been applied to the full price of tuition ‘‘(A) be known as the ‘Higher Education cation that receives Federal funds under this and fees at the institution. Price Increase Watch Lists’; Act shall include, in the materials accom- ‘‘(b) HIGHER EDUCATION PRICE INDEX.— ‘‘(B) report the full price of tuition and panying an application for admission to the ‘‘(1) IN GENERAL.—Not later than 1 year fees at the institution and the net price; institution, the most recent information re- after the date of enactment of the Higher ‘‘(C) where applicable, report the average garding the net price of the institution, cal- Education Amendments of 2007, the Commis- price of room and board for students living culated for each quartile of students based sion of the Bureau of Labor Statistics, in on campus at the institution, except that on the income of either the students’ parents consultation with the Commissioner of Edu- such price shall not be used in determining or, in the case of independent students (as cation Statistics and representatives of in- whether an institution’s cost outpaces such such term is described in section 480), of the stitutions of higher education, shall develop institution’s applicable higher education students, for each of the 2 academic years higher education price indices that accu- price index; and preceding the academic year for which the rately reflect the annual change in tuition ‘‘(D) be compiled by the Secretary in a application is produced. and fees for undergraduate students in the public document to be widely published and ‘‘(f) ENHANCED COLLEGE INFORMATION categories of institutions listed in paragraph disseminated in paper form and through the WEBSITE.— (2). Such indices shall be updated annually. website of the Department. ‘‘(1) IN GENERAL.—

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‘‘(A) IN GENERAL.—Not later than 90 days ‘‘(P) The total average yearly cost of tui- ments of 2007, submit to Congress a final re- after the date of enactment of the Higher tion and fees, room and board, and books and port regarding such findings.’’. Education Amendments of 2007, the Sec- other related costs for an undergraduate stu- SEC. 109. DATABASES OF STUDENT INFORMATION retary shall contract with an independent dent enrolled at the institution, for— PROHIBITED. organization with demonstrated experience ‘‘(i) full-time undergraduate students liv- Part C of title I (20 U.S.C. 1015), as amend- in the development of consumer-friendly ing on campus; ed by section 108, is further amended by add- websites to develop improvements to the ‘‘(ii) full-time undergraduate students liv- ing at the end the following: website known as the College Opportunities ing off-campus; and ‘‘SEC. 133. DATABASE OF STUDENT INFORMATION On-Line (COOL) so that it better meets the ‘‘(iii) in the case of students attending a PROHIBITED. needs of students, families, and consumers public institution of higher education, such ‘‘(a) PROHIBITION.—Except as described in for accurate and appropriate information on costs for in-State and out-of-State students (b), nothing in this Act shall be construed to institutions of higher education. living on and off-campus. authorize the development, implementation, ‘‘(B) IMPLEMENTATIONS.—Not later than 1 ‘‘(Q) The average yearly grant amount (in- or maintenance of a Federal database of per- year after the date of enactment of the High- cluding Federal, State, and institutional aid) sonally identifiable information on individ- er Education Amendments of 2007, the Sec- for a student enrolled at the institution. uals receiving assistance under this Act, at- retary shall implement the improvements ‘‘(R) The average yearly amount of Federal tending institutions receiving assistance developed by the independent organization student loans, and other loans provided under this Act, or otherwise involved in any described under subparagraph (A) to the col- through the institution, to undergraduate studies or other collections of data under students enrolled at the institution. lege information website. this Act, including a student unit record sys- ‘‘(S) The total yearly grant aid available to ‘‘(2) UNIVERSITY AND COLLEGE ACCOUNT- tem, an education bar code system, or any undergraduate students enrolled at the insti- ABILITY NETWORK.—Not later than 1 year other system that tracks individual students tution, from the Federal Government, a after the date of enactment of the Higher over time. State, the institution, and other sources. Education Amendments of 2007, the Sec- ‘‘(b) EXCEPTION.—The provisions of sub- ‘‘(T) The percentage of undergraduate stu- retary shall develop a model document for section (a) shall not apply to a system (or a dents enrolled at the institution receiving annually reporting basic information about successor system) that is necessary for the Federal, State, and institutional grants, stu- operation of programs authorized by title II, an institution of higher education that dent loans, and any other type of student fi- chooses to participate, to be posted on the IV, or VII that were in use by the Secretary, nancial assistance provided publicly or directly or through a contractor, as of the college information website and made avail- through the institution, such as Federal able to institutions of higher education, stu- day before the date of enactment of the work-study funds. Higher Education Amendments of 2007. dents, families, and other consumers. Such ‘‘(U) The average net price for all under- document shall be known as the ‘University ‘‘(c) STATE DATABASES.—Nothing in this graduate students enrolled at the institu- Act shall prohibit a State or a consortium of and College Accountability Network’ (U- tion. CAN), and shall include, the following infor- States from developing, implementing, or ‘‘(V) The percentage of first-year under- maintaining State-developed databases that mation about the institution of higher edu- graduate students enrolled at the institution track individuals over time, including stu- cation for the most recent academic year for who live on campus and off campus. dent unit record systems that contain infor- which the institution has available data, pre- ‘‘(W) Information on the policies of the in- mation related to enrollment, attendance, sented in a consumer-friendly manner: stitution related to transfer of credit from graduation and retention rates, student fi- ‘‘(A) A statement of the institution’s mis- other institutions. nancial assistance, and graduate employ- sion and specialties. ‘‘(X) Information on campus safety re- ment outcomes.’’. ‘‘(B) The total number of undergraduate quired to be collected under section 485(f). students who applied, were admitted, and en- ‘‘(Y) Links to the appropriate sections of SEC. 110. CLEAR AND EASY-TO-FIND INFORMA- rolled at the institution. the institution’s website that provide infor- TION ON STUDENT FINANCIAL AID. ‘‘(C) Where applicable, reading, writing, mation on student activities offered by the Part C of title I (as amended by sections mathematics, and combined scores on the institution, such as intercollegiate sports, 108 and 109) is further amended by adding at SAT or ACT for the middle 50 percent range student organizations, study abroad opportu- the end the following: of the institution’s freshman class. nities, intramural and club sports, special- ‘‘SEC. 134. CLEAR AND EASY-TO-FIND INFORMA- ‘‘(D) Enrollment of full-time, part-time, ized housing options, community service op- TION ON STUDENT FINANCIAL AID. and transfer students at the institution, at portunities, cultural and arts opportunities ‘‘(a) PROMINENT DISPLAY.—The Secretary the undergraduate and (where applicable) on campus, religious and spiritual life on shall ensure that a link to current student graduate levels. campus, and lectures and outside learning financial aid information is displayed promi- ‘‘(E) Percentage of male and female under- opportunities. nently on the home page of the Department graduate students enrolled at the institu- ‘‘(Z) Links to the appropriate sections of website. tion. the institution’s website that provide infor- ‘‘(b) ENHANCED STUDENT FINANCIAL AID IN- ‘‘(F) Percentage of enrolled undergraduate mation on services offered by the institution FORMATION.— students from the State in which the institu- to students during and after college, such as ‘‘(1) IN GENERAL.—Not later than 180 days tion is located, from other States, and from internship opportunities, career and place- after the date of enactment of the Higher other countries. ment services, and preparation for further Education Amendments of 2007, the Sec- ‘‘(G) Percentage of enrolled undergraduate education. retary shall contract with an independent students at the institution by race and eth- ‘‘(3) CONSULTATION.—The Secretary shall organization with demonstrated expertise in nic background. ensure that current and prospective college the development of consumer-friendly ‘‘(H) Retention rates for full-time and part- students, family members of such students, websites to develop improvements to the time first-time first-year undergraduate stu- and institutions of higher education are con- usefulness and accessibility of the informa- dents enrolled at the institution. sulted in carrying out paragraphs (1) and (2). tion provided by the Department on college ‘‘(I) Average time to degree or certificate ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— financial planning and student financial aid. completion for first-time, first-year under- There are authorized to be appropriated to ‘‘(2) IMPLEMENTATION.—Not later than 1 graduate students enrolled at the institu- carry out this subsection such sums as may year after the date of enactment of the High- tion. be necessary. er Education Amendments of 2007, the Sec- ‘‘(J) Percentage of enrolled undergraduate ‘‘(g) GAO REPORT.—The Comptroller Gen- retary shall implement the improvements students who graduate within 2 years (in the eral of the United States shall— developed by the independent organization case of 2-year institutions), and 4, 5 and 6 ‘‘(1) conduct a study on the time and cost described under paragraph (1) to the college years (in the case of 2 and 4-year institu- burdens to institutions of higher education financial planning and student financial aid tions). associated with completing the Integrated website of the Department. ‘‘(K) Number of students who obtained a Postsecondary Education Data System ‘‘(3) DISSEMINATION.—The Secretary shall certificate or an associate’s, bachelor’s, mas- (IPEDS), which study shall— make the availability of the information on ter’s, or doctoral degree at the institution. ‘‘(A) report on the time and cost burden of the website widely known through a major ‘‘(L) The undergraduate major areas of completing the IPEDS survey for 4-year, 2- media campaign and other forms of commu- study with the highest number of degrees year, and less than 2-year institutions of nication.’’. awarded. higher education; and SEC. 110A. STATE HIGHER EDUCATION INFORMA- ‘‘(M) The student-faculty ratio, and num- ‘‘(B) present recommendations for reducing TION SYSTEM PILOT PROGRAM. ber of full-time, part-time, and adjunct fac- such burden; Part C of title I of the Higher Education ulty at the institution. ‘‘(2) not later than 1 year after the date of Act of 1965 (as amended by this title) is fur- ‘‘(N) Percentage of faculty at the institu- enactment of the Higher Education Amend- ther amended by adding at the end the fol- tion with the highest degree in their field. ments of 2007, submit to Congress a prelimi- lowing: ‘‘(O) The percentage change in total price nary report regarding the findings of the ‘‘SEC. 135. STATE HIGHER EDUCATION INFORMA- in tuition and fees and the net price for an study described in paragraph (1); and TION SYSTEM PILOT PROGRAM. undergraduate at the institution in each of ‘‘(3) not later than 2 years after the date of ‘‘(a) PURPOSE.—It is the purpose of this the preceding 5 academic years. enactment of the Higher Education Amend- section to carry out a pilot program to assist

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.070 S29JYPT1 erowe on PRODPC61 with SENATE S7646 CONGRESSIONAL RECORD — SENATE July 29, 2008 not more than 5 States to develop State- ‘‘(4) estimate costs and burdens at the in- ‘‘(vi) ensuring the integrity of the student level postsecondary student data systems stitutional level for the reporting system for assistance programs authorized under title to— different types of institutions; and IV.’’; and ‘‘(1) improve the capacity of States and in- ‘‘(5) test the feasibility of protocols and (iii) in subparagraph (B), by striking ‘‘oper- stitutions of higher education to generate standards for maintaining data privacy and ations and services’’ and inserting ‘‘activi- more comprehensive and comparable data, in data access. ties and functions’’; and order to develop better-informed educational ‘‘(f) EVALUATION; REPORTS.—Not later than (3) in subsection (c)— policy at the State level and to evaluate the 6 months after the end of the projects funded (A) in the subsection heading, by striking effectiveness of institutional performance by grants awarded under this section, the ‘‘PERFORMANCE PLAN AND REPORT’’ and in- while protecting the confidentiality of stu- Secretary shall— serting ‘‘PERFORMANCE PLAN, REPORT, AND dents’ personally identifiable information; ‘‘(1) conduct a comprehensive evaluation of BRIEFING’’; and the pilot program authorized by this section; (B) in paragraph (1)(C)— ‘‘(2) identify how to best minimize the and (i) in clause (iii), by striking ‘‘information data-reporting burden placed on institutions ‘‘(2) report the Secretary’s findings, as well and delivery’’; and of higher education, particularly smaller in- as recommendations regarding the imple- (ii) in clause (iv)— stitutions, and to maximize and improve the mentation of State-level postsecondary stu- (I) by striking ‘‘Developing an’’ and insert- information institutions receive from the dent data systems to the authorizing com- ing ‘‘Developing’’; and data systems, in order to assist institutions mittees. (II) by striking ‘‘delivery and information in improving educational practice and post- ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— system’’ and inserting ‘‘systems’’; secondary outcomes. There are authorized to be appropriated to (C) in paragraph (2)— carry out this section such sums as may be (i) in subparagraph (A), by inserting ‘‘the’’ ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In after ‘‘PBO and’’; and this section, the term ‘eligible entity’ necessary for fiscal year 2008 and each of the 5 succeeding fiscal years.’’. (ii) in subparagraph (B), by striking ‘‘Offi- means— cer’’ and inserting ‘‘Officers’’; ‘‘(1) a State higher education system; or SEC. 111. PERFORMANCE-BASED ORGANIZATION (D) in paragraph (3), by inserting ‘‘stu- ‘‘(2) a consortium of State higher edu- FOR THE DELIVERY OF FEDERAL dents,’’ after ‘‘consult with’’; and STUDENT FINANCIAL ASSISTANCE. cation systems, or a consortium of indi- (E) by adding at the end the following: Section 141 (20 U.S.C. 1018) is amended— vidual institutions of higher education, that ‘‘(4) BRIEFING ON ENFORCEMENT OF STUDENT (1) in subsection (a)— is broadly representative of institutions in LOAN PROVISIONS.—The Chief Operating Offi- different sectors and geographic locations. (A) in paragraph (1), by striking ‘‘oper- cer shall provide an annual briefing to the ational’’ and inserting ‘‘administrative and ‘‘(c) COMPETITIVE GRANTS.— members of the authorizing committees on oversight’’; and ‘‘(1) GRANTS AUTHORIZED.—The Secretary the steps the PBO has taken and is taking to shall award grants, on a competitive basis, (B) in paragraph (2)(D), by striking ‘‘of the ensure that lenders are providing the infor- to not more than 5 eligible entities to enable operational functions’’ and inserting ‘‘and mation required under clauses (iii) and (iv) the eligible entities to— administration’’; of section 428(c)(3)(C) and sections ‘‘(A) design, test, and implement systems (2) in subsection (b)— 428(b)(1)(Z) and 428C(b)(1)(F).’’; of postsecondary student data that provide (A) in paragraph (1)— (4) in subsection (d)— the maximum benefits to States, institu- (i) in subparagraph (A), by striking ‘‘the (A) in paragraph (1), by striking the second tions of higher education, and State policy- information systems administered by the sentence; and makers; and PBO, and other functions performed by the (B) in paragraph (5)— ‘‘(B) examine the costs and burdens in- PBO’’ and inserting ‘‘the Federal student fi- (i) in subparagraph (B), by striking ‘‘para- volved in implementing a State-level post- nancial assistance programs authorized graph (2)’’ and inserting ‘‘paragraph (4)’’; and secondary student data system. under title IV’’; and (ii) in subparagraph (C), by striking ‘‘this’’; (ii) by striking subparagraph (C) and in- ‘‘(2) DURATION.—A grant awarded under (5) in subsection (f)— this section shall be for a period of not more serting the following: (A) in paragraph (2), by striking ‘‘to bor- than 3 years. ‘‘(C) assist the Chief Operating Officer in rowers’’ and inserting ‘‘to students, bor- identifying goals for— rowers,’’; and ‘‘(d) APPLICATION REQUIREMENTS.—An eligi- ‘‘(i) the administration of the systems used (B) in paragraph (3)(A), by striking ble entity desiring a grant under this section to administer the Federal student financial ‘‘(1)(A)’’ and inserting ‘‘(1)’’; shall submit an application to the Secretary assistance programs authorized under title (6) in subsection (g)(3), by striking ‘‘not at such time, in such manner, and con- IV; and more than 25’’; taining such information as the Secretary ‘‘(ii) the updating of such systems to cur- (7) in subsection (h), by striking ‘‘organiza- determines is necessary, including a descrip- rent technology.’’; and tional effectiveness’’ and inserting ‘‘effec- tion of— (B) in paragraph (2)— tiveness’’; ‘‘(1) how the eligible entity will ensure (i) in the matter preceding subparagraph (8) by striking subsection (i); that student privacy is protected and that (A), by striking ‘‘administration of the infor- (9) by redesignating subsection (j) as sub- individually identifiable information about mation and financial systems that support’’ section (i); and students, the students’ achievements, and and inserting ‘‘the administration of Fed- (10) in subsection (i) (as redesignated by the students’ families remains confidential eral’’; paragraph (9)), by striking ‘‘, including tran- in accordance with the Family Educational (ii) in subparagraph (A)— sition costs’’. Rights and Privacy Act of 1974 (20 U.S.C. (I) in the matter preceding clause (i), by SEC. 112. PROCUREMENT FLEXIBILITY. 1232g); and striking ‘‘of the delivery system for Federal Section 142 (20 U.S.C. 1018a) is amended— ‘‘(2) how the activities funded by the grant student assistance’’ and inserting ‘‘for the (1) in subsection (b)— will be supported after the 3-year grant pe- Federal student assistance programs author- (A) in paragraph (1)— riod. ized under title IV’’; (i) by striking ‘‘for information systems ‘‘(e) USE OF FUNDS.—A grant awarded (II) by striking clauses (i) and (ii) and in- supporting the programs authorized under under this section shall be used to— serting the following: title IV’’; and ‘‘(1) design, develop, and implement the ‘‘(i) the collection, processing, and trans- (ii) by striking ‘‘and’’ after the semicolon; components of a comprehensive postsec- mission of data to students, institutions, (B) in paragraph (2), by striking the period ondary student data system with the capac- lenders, State agencies, and other authorized at the end and inserting ‘‘; and’’; and ity to transmit student information within parties; (C) by adding at the end the following: States; ‘‘(ii) the design and technical specifica- ‘‘(3) through the Chief Operating Officer— ‘‘(2) improve the capacity of institutions of tions for software development and procure- ‘‘(A) to the maximum extent practicable, higher education to analyze and use student ment for systems supporting the student fi- utilize procurement systems that streamline data; nancial assistance programs authorized operations, improve internal controls, and ‘‘(3) select and define common data ele- under title IV;’’; enhance management; and ments, data quality, and other elements that (III) in clause (iii), by striking ‘‘delivery’’ ‘‘(B) assess the efficiency of such systems will enable the data system to— and inserting ‘‘administration’’; and assess such systems’ ability to meet ‘‘(A) serve the needs of institutions of (IV) in clause (iv)— PBO requirements.’’; higher education for institutional research (aa) by inserting ‘‘the’’ after ‘‘supporting’’; (2) by striking subsection (c)(2) and insert- and improvement; and ing the following: ‘‘(B) provide students and the students’ (bb) by striking ‘‘and’’ after the semicolon; ‘‘(2) FEE FOR SERVICE ARRANGEMENTS.—The families with useful information for deci- (V) in clause (v), by striking ‘‘systems that Chief Operating Officer shall, when appro- sion-making about postsecondary education; support those programs.’’ and inserting ‘‘the priate and consistent with the purposes of ‘‘(C) provide State policymakers with im- administration of the Federal student assist- the PBO, acquire services related to the proved information to monitor and guide ef- ance programs authorized under title IV; functions set forth in section 141(b)(2) from forts to improve student outcomes and suc- and’’; and any entity that has the capability and capac- cess in higher education; (VI) by adding at the end the following: ity to meet the requirements set by the PBO.

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.070 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7647 The Chief Operating Officer is authorized to ‘‘(B) includes any individual, group, or en- loans, after consulting with students, rep- pay fees that are equivalent to those paid by tity acting on behalf of the lender in connec- resentatives of covered institutions (includ- other entities to an organization that pro- tion with an educational loan. ing financial aid administrators, registrars, vides services that meet the requirements of ‘‘(6) OFFICER.—The term ‘officer’ includes a and business officers), lenders, loan the PBO, as determined by the Chief Oper- director or trustee of an institution. servicers, and guaranty agencies; ating Officer.’’; ‘‘SEC. 152. REQUIREMENTS FOR LENDERS AND IN- ‘‘(B) include in the report a model format, (3) in subsection (d)(2)(B), by striking ‘‘on STITUTIONS PARTICIPATING IN EDU- based on the report’s findings, to be used by Federal Government contracts’’; CATIONAL LOAN ARRANGEMENTS. lenders and covered institutions in carrying (4) in subsection (g)— ‘‘(a) USE OF LENDER NAME.—A covered in- out subsections (b) and (c)— (A) in paragraph (4)(A)— stitution that enters into an educational ‘‘(i) that provides information on the appli- (i) in the subparagraph heading, by strik- loan arrangement shall disclose the name of cable interest rates and other terms and con- ing ‘‘SOLE SOURCE.—’’ and inserting ‘‘SINGLE- the lender in documentation related to the ditions of the educational loans provided by SOURCE BASIS.—’’; and loan. a lender to students attending the institu- (ii) by striking ‘‘sole-source’’ and inserting ‘‘(b) DISCLOSURES.— tion, or the parents of such students, ‘‘single-source’’; and ‘‘(1) DISCLOSURES BY LENDERS.—Before a disaggregated by each type of educational (B) in paragraph (7), by striking ‘‘sole- lender issues or otherwise provides an edu- loans provided to such students or parents by source’’ and inserting ‘‘single-source’’; cational loan to a student, the lender shall the lender, including— (5) in subsection (h)(2)(A), by striking provide the student, in writing, with the dis- ‘‘(I) the interest rate and terms and condi- ‘‘sole-source’’ and inserting ‘‘single-source’’; closures described in paragraph (2). tions of the loans offered by the lender for and ‘‘(2) DISCLOSURES.—The disclosures re- the upcoming academic year; (6) in subsection (l), by striking paragraph quired by this paragraph shall include a ‘‘(II) with respect to such loans, any bene- (3) and inserting the following: clear and prominent statement— fits that are contingent on the repayment ‘‘(3) SINGLE-SOURCE BASIS.—The term ‘sin- ‘‘(A) of the interest rates of the edu- behavior of the borrower; gle-source basis’, with respect to an award of cational loan being offered; ‘‘(III) the average amount borrowed from a contract, means that the contract is ‘‘(B) showing sample educational loan the lender by students enrolled in the insti- awarded to a source after soliciting an offer costs, disaggregated by type; tution who obtain loans of such type from or offers from, and negotiating with, only ‘‘(C) that describes, with respect to each the lender for the preceding academic year; such source (although such source is not the type of educational loan being offered— ‘‘(IV) the average interest rate on such only source in the marketplace capable of ‘‘(i) the types of repayment plans that are loans provided to such students for the pre- meeting the need) because such source is the available; ceding academic year; and most advantageous source for purposes of ‘‘(ii) whether, and under what conditions, ‘‘(V) the amount that the borrower may the award.’’. early repayment may be made without pen- repay in interest, based on the standard re- SEC. 113. INSTITUTION AND LENDER REPORTING alty; payment period of a loan, on the average AND DISCLOSURE REQUIREMENTS. ‘‘(iii) when and how often interest on the amount borrowed from the lender by stu- Title I (20 U.S.C. 1001 et seq.) is amended loan will be capitalized; dents enrolled in the institution who obtain by adding at the end the following: ‘‘(iv) the terms and conditions of loans of such type from the lender for the deferments or forbearance; ‘‘PART E—LENDER AND INSTITUTION RE- preceding academic year; and ‘‘(v) all available repayment benefits, the QUIREMENTS RELATING TO EDU- ‘‘(ii) which format shall be easily usable by percentage of all borrowers who qualify for CATIONAL LOANS lenders, institutions, guaranty agencies, such benefits, and the percentage of bor- loan servicers, parents, and students; and ‘‘SEC. 151. DEFINITIONS. rowers who received such benefits in the pre- ‘‘(C)(i) submit the report and model format ‘‘In this part: ceding academic year, for each type of loan to the authorizing committees; and ‘‘(1) COST OF ATTENDANCE.—The term ‘cost being offered; ‘‘(ii) make the report and model format of attendance’ has the meaning given the ‘‘(vi) the collection practices in the case of available to covered institutions, lenders, term in section 472. default; and and the public. ‘‘(2) COVERED INSTITUTION.—The term ‘cov- ‘‘(vii) all fees that the borrower may be ‘‘(2) USE OF FORM.—The Secretary shall ered institution’— charged, including late payment penalties take such steps as necessary to make the ‘‘(A) means any educational institution and associated fees; and model format available to covered institu- that offers a postsecondary educational de- ‘‘(D) of such other information as the Sec- tions and to encourage— gree, certificate, or program of study (in- retary may require in regulations. ‘‘(A) lenders subject to subsection (b) to cluding any institution of higher education, ‘‘(c) DISCLOSURES TO THE SECRETARY BY use the model format in providing the infor- as such term is defined in section 102) and re- LENDER.— mation required under subsection (b); and ceives any Federal funding or assistance; and ‘‘(1) IN GENERAL.—Each lender shall, on an ‘‘(B) covered institutions to use such for- ‘‘(B) includes any employee or agent of the annual basis, report to the Secretary any mat in preparing the information report educational institution or any organization reasonable expenses paid or given under sec- under subsection (c). or entity affiliated with, or directly or indi- tion 435(d)(5)(D), 487(a)(21)(A)(ii), or ‘‘(b) LENDER DUTIES.—Each lender that has rectly controlled by, such institution. 487(a)(21)(A)(iv) to any employee who is em- an educational loan arrangement with a cov- ‘‘(3) EDUCATIONAL LOAN.—The term ‘edu- ployed in the financial aid office of a covered ered institution shall annually, by a date de- cational loan’ means any loan made, insured, institution, or who otherwise has respon- termined by the Secretary, provide to the or guaranteed under title IV. sibilities with respect to educational loans covered institution and to the Secretary the ‘‘(4) EDUCATIONAL LOAN ARRANGEMENT.— or other financial aid of the institution. information included on the model format The term ‘educational loan arrangement’ Such reports shall include— for each type of educational loan provided by means an arrangement or agreement be- ‘‘(A) the amount of each specific instance the lender to students attending the covered tween a lender and a covered institution— in which the lender provided such reimburse- institution, or the parents of such students, ‘‘(A) under which arrangement or agree- ment; for the preceding academic year. ment a lender provides or otherwise issues ‘‘(B) the name of the financial aid official ‘‘(c) COVERED INSTITUTION DUTIES.—Each educational loans to the students attending or other employee to whom the reimburse- covered institution shall— the covered institution or the parents of ment was made; ‘‘(1) prepare and submit to the Secretary such students; and ‘‘(C) the dates of the activity for which the an annual report, by a date determined by ‘‘(B) which arrangement or agreement— reimbursement was made; and the Secretary, that includes, for each lender ‘‘(i) relates to the covered institution rec- ‘‘(D) a brief description of the activity for that has an educational loan arrangement ommending, promoting, endorsing, or using which the reimbursement was made. with the covered institution and that has educational loans of the lender; and ‘‘(2) REPORT TO CONGRESS.—The Secretary submitted to the institution the information ‘‘(ii) involves the payment of any fee or shall compile the information in paragraph required under subsection (b)— provision of other material benefit by the (1) in a report and transmit such report to ‘‘(A) the information included on the lender to the institution or to groups of stu- the authorizing committees annually. model format for each type of educational dents who attend the institution. ‘‘SEC. 153. INTEREST RATE REPORT FOR INSTITU- loan provided by the lender to students at- ‘‘(5) LENDER.—The term ‘lender’— TIONS AND LENDERS PARTICI- tending the covered institution, or the par- ‘‘(A) means— PATING IN EDUCATIONAL LOAN AR- ents of such students; and ‘‘(i) any lender— RANGEMENTS. ‘‘(B) a detailed explanation of why the cov- ‘‘(I) of a loan made, insured, or guaranteed ‘‘(a) SECRETARY DUTIES.— ered institution believes the terms and con- under part B of title IV; and ‘‘(1) REPORT AND MODEL FORMAT.—Not later ditions of each type of educational loan pro- ‘‘(II) that is a financial institution, as such than 180 days after the date of enactment of vided pursuant to the agreement are bene- term is defined in section 509 of the Gramm- the Higher Education Amendments of 2007, ficial for students attending the covered in- Leach-Bliley Act (15 U.S.C. 6809); and the Secretary shall— stitution, or the parents of such students; ‘‘(ii) in the case of any loan issued or pro- ‘‘(A) prepare a report on the adequacy of and vided to a student under part D of title IV, the information provided to students and the ‘‘(2) ensure that the report required under the Secretary; and parents of such students about educational paragraph (1) is made available to the public

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.071 S29JYPT1 erowe on PRODPC61 with SENATE S7648 CONGRESSIONAL RECORD — SENATE July 29, 2008 and provided to students attending or plan- (D) if a website is used for such informa- United States should require of graduate ning to attend the covered institution, and tion, whether the website should be run by a medical schools located outside of the the parents of such students, in time for the governmental agency or contracted out to an United States for Federal financial aid pur- student or parent to take such information independent education or employment orga- poses. into account before applying for or selecting nization; SEC. 116. DEMONSTRATION AND CERTIFICATION an educational loan.’’. (E) whether a voluntary information sys- REGARDING THE USE OF CERTAIN SEC. 114. EMPLOYMENT OF POSTSECONDARY tem would work, both from the graduates’ FEDERAL FUNDS. EDUCATION GRADUATES. and employers’ perspectives; (a) PROHIBITION.—No Federal funds re- (a) STUDY, ASSESSMENTS, AND REC- (F) the value of such information to future ceived by an institution of higher education OMMENDATIONS.—The Comptroller General of students, institutions, accrediting agencies or other postsecondary educational institu- the United States shall— or associations, policymakers, and employ- tion may be used to pay any person for influ- (1) conduct a study of— ers, including how the information would be encing or attempting to influence an officer (A) the information that States currently used and the practical applications of the in- or employee of any agency, a Member of have on the employment of students who formation; Congress, an officer or employee of Congress, have completed postsecondary education (G) whether the request for such informa- or an employee of a Member of Congress in programs; tion is duplicative of information that is al- connection with any Federal action de- (B) the feasibility of collecting informa- ready being collected; and scribed in subsection (b). tion on students who complete all types of (H) whether the National Postsecondary (b) APPLICABILITY.—The prohibition in sub- postsecondary education programs (includ- Student Aid Survey conducted by the Na- section (a) applies with respect to the fol- ing 2- and 4-year degree, certificate, and pro- tional Center for Education Statistics could lowing Federal actions: fessional and graduate programs) at all types be amended to collect such information. (1) The awarding of any Federal contract. of institutions (including public, private (b) REPORTS.— (2) The making of any Federal grant. nonprofit, and for–profit schools), regard- (1) PRELIMINARY REPORT.—Not later than 1 (3) The making of any Federal loan. ing— year after the date of enactment of this Act, (4) The entering into of any Federal coop- (i) employment, including— the Comptroller General shall submit to erative agreement. (I) the type of job obtained not later than Congress a preliminary report regarding the (5) The extension, continuation, renewal, 6 months after the completion of the degree, study, assessments, and recommendations amendment, or modification of any Federal certificate, or program; described in subsection (a). contract, grant, loan, or cooperative agree- (II) whether such job was related to the (2) FINAL REPORT.—Not later than 2 years ment. course of study; after the date of enactment of this Act, the (c) LOBBYING AND EARMARKS.—No Federal (III) the starting salary for such job; and Comptroller General shall submit to Con- student aid funding may be used to hire a (IV) the student’s satisfaction with the gress a final report regarding such study, as- registered lobbyist or pay any person or enti- student’s preparation for such job and guid- sessments, and recommendations. ty for securing an earmark. ance provided with respect to securing the (d) DEMONSTRATION AND CERTIFICATION.— job; and SEC. 115. FOREIGN MEDICAL SCHOOLS. Each institution of higher education or other (ii) for recipients of Federal student aid, (a) PERCENTAGE PASS RATE.— postsecondary educational institution re- the type of assistance received, so that the (1) IN GENERAL.—Section ceiving Federal funding, as a condition for information can be used to evaluate various 102(a)(2)(A)(i)(I)(bb) (20 U.S.C. receiving such funding, shall annually dem- education programs; 1002(a)(2)(A)(i)(I)(bb)) is amended by striking onstrate and certify to the Secretary of Edu- (C) the evaluation systems used by other ‘‘60’’ and inserting ‘‘75’’. cation that the requirements of subsections industries to identify successful programs (2) EFFECTIVE DATE.—The amendment (a) through (c) have been met. and challenges, set priorities, monitor per- made by paragraph (1) shall take effect on (e) ACTIONS TO IMPLEMENT AND ENFORCE.— formance, and make improvements; July 1, 2010. The Secretary of Education shall take such (D) the best means of collecting informa- (b) STUDY.— actions as are necessary to ensure that the tion from or regarding recent postsecondary (1) IN GENERAL.—Not later than 2 years provisions of this section are vigorously im- graduates, including— after the date of enactment of this Act, the plemented and enforced. (i) whether a national website would be the Comptroller General of the United States TITLE II—TEACHER QUALITY most effective way to collect information; shall— ENHANCEMENT (ii) whether postsecondary graduates could (A) complete a study that shall examine be encouraged to submit voluntary informa- American students receiving Federal finan- SEC. 201. TEACHER QUALITY PARTNERSHIP tion by allowing a graduate to access aggre- cial aid to attend graduate medical schools GRANTS. gated information about other graduates located outside of the United States; and Part A of title II (20 U.S.C. 1021 et seq.) is (such as graduates from the graduate’s (B) submit to Congress a report setting amended to read as follows: school, with the graduate’s degree, or in the forth the conclusions of the study. ‘‘PART A—TEACHER QUALITY graduate’s area) if the graduate completes an (2) CONTENTS.—The study conducted under PARTNERSHIP GRANTS online questionnaire; this subsection shall include the following: ‘‘SEC. 201. PURPOSES; DEFINITIONS. (iii) whether employers could be encour- (A) The amount of Federal student finan- ‘‘(a) PURPOSES.—The purposes of this part aged to submit information by allowing an cial aid dollars that are being spent on grad- are to— employer to access aggregated information uate medical schools located outside of the ‘‘(1) improve student achievement; about graduates (such as institutions of United States every year, and the percentage ‘‘(2) improve the quality of the current and higher education attended, degrees, or start- of overall student aid such amount rep- future teaching force by improving the prep- ing pay) if the employer completes an online resents. aration of prospective teachers and enhanc- questionnaire to evaluate the employer’s (B) The percentage of students of such ing professional development activities; satisfaction with the graduates the employer medical schools who pass the examinations ‘‘(3) hold institutions of higher education hires; and administered by the Educational Commis- accountable for preparing highly qualified (iv) whether postsecondary institutions sion for Foreign Medical Graduates the first teachers; and that receive Federal funds or whose students time. ‘‘(4) recruit qualified individuals, including have received Federal student financial aid (C) The percentage of students of such minorities and individuals from other occu- could be required to submit aggregated infor- medical schools who pass the examinations pations, into the teaching force. mation about the graduates of the institu- administered by the Educational Commis- ‘‘(b) DEFINITIONS.—In this part: tions; and sion for Foreign Medical Graduates after ‘‘(1) ARTS AND SCIENCES.—The term ‘arts (E) the best means of displaying employ- taking such examinations multiple times, and sciences’ means— ment information; and disaggregated by how many times the stu- ‘‘(A) when referring to an organizational (2) provide assessments and recommenda- dents had to take the examinations to pass. unit of an institution of higher education, tions regarding— (D) The percentage of recent graduates of any academic unit that offers 1 or more aca- (A) whether successful State cooperative such medical schools practicing medicine in demic majors in disciplines or content areas relationships between higher education sys- the United States, and a description of where corresponding to the academic subject mat- tem offices and State agencies responsible the students are practicing and what types ter areas in which teachers provide instruc- for employment statistics can be encouraged of medicine the students are practicing. tion; and and replicated in other States; (E) The rate of graduates of such medical ‘‘(B) when referring to a specific academic (B) whether there is value in collecting ad- schools who lose malpractice lawsuits or subject area, the disciplines or content areas ditional information from or about the em- have the graduates’ medical licenses re- in which academic majors are offered by the ployment experience of individuals who have voked, as compared to graduates of graduate arts and sciences organizational unit. recently completed a postsecondary edu- medical schools located in the United States. ‘‘(2) CHILDREN FROM LOW-INCOME FAMI- cational program; (F) Recommendations regarding the per- LIES.—The term ‘children from low-income (C) what are the most promising ways of centage passing rate of the examinations ad- families’ means children as described in sec- obtaining and displaying or disseminating ministered by the Educational Commission tion 1124(c)(1)(A) of the Elementary and Sec- such information; for Foreign Medical Graduates that the ondary Education Act of 1965.

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‘‘(3) CORE ACADEMIC SUBJECTS.—The term ‘‘(A)(i) for which not less than 20 percent of ‘‘(ii) assist new teachers with the effective ‘core academic subjects’ has the meaning the children served by the agency are chil- use and integration of technology in the given the term in section 9101 of the Elemen- dren from low-income families; classroom. tary and Secondary Education Act of 1965. ‘‘(ii) that serves not fewer than 10,000 chil- ‘‘(G) Interdisciplinary collaboration among ‘‘(4) EARLY CHILDHOOD EDUCATION PRO- dren from low-income families; or exemplary teachers, faculty, researchers, GRAM.—The term ‘early childhood education ‘‘(iii) with a total of less than 600 students and other staff who prepare new teachers on program’ means— in average daily attendance at the schools the learning process and the assessment of ‘‘(A) a Head Start program or an Early that are served by the agency and all of learning. Head Start program carried out under the whose schools are designated with a school ‘‘(H) Assistance with the understanding of Head Start Act (42 U.S.C. 9831 et seq.); locale code of 6, 7, or 8, as determined by the data, particularly student achievement data, ‘‘(B) a State licensed or regulated child Secretary; and and the data’s applicability in classroom in- care program or school; or ‘‘(B)(i) for which there is a high percentage struction. ‘‘(C) a State prekindergarten program that of teachers not teaching in the academic serves children from birth through kinder- ‘‘(I) Regular evaluation of the new teacher. subject areas or grade levels in which the garten and that addresses the children’s cog- ‘‘(16) LIMITED ENGLISH PROFICIENT.—The teachers were trained to teach; or nitive (including language, early literacy, term ‘limited English proficient’ has the and pre-numeracy), social, emotional, and ‘‘(ii) for which there is a high teacher turn- meaning given such term in section 9101 of physical development. over rate or a high percentage of teachers the Elementary and Secondary Education with emergency, provisional, or temporary ‘‘(5) EARLY CHILDHOOD EDUCATOR.—The Act of 1965. term ‘early childhood educator’ means an in- certification or licensure. ‘‘(17) PARTNER INSTITUTION.—The term dividual with primary responsibility for the ‘‘(12) HIGH-NEED SCHOOL.—The term ‘high- ‘partner institution’ means an institution of education of children in an early childhood need school’ means a public elementary higher education, which may include a 2- education program. school or public secondary school that— year institution of higher education offering ‘‘(6) EDUCATIONAL SERVICE AGENCY.—The ‘‘(A) is among the highest 25 percent of a dual program with a 4-year institution of term ‘educational service agency’ has the schools served by the local educational agen- higher education, participating in an eligible meaning given the term in section 9101 of the cy that serves the school, in terms of the partnership that has a teacher preparation Elementary and Secondary Education Act of percentage of students from families with in- program— 1965. comes below the poverty line; or ‘‘(A) whose graduates exhibit strong per- ‘‘(7) ELIGIBLE PARTNERSHIP.—The term ‘eli- ‘‘(B) is designated with a school locale code formance on State-determined qualifying as- gible partnership’ means an entity that— of 6, 7, or 8, as determined by the Secretary. sessments for new teachers through— ‘‘(A) shall include— ‘‘(13) HIGHLY COMPETENT.—The term ‘high- ‘‘(i) demonstrating that 80 percent or more ‘‘(i) a high-need local educational agency; ly competent’, when used with respect to an of the graduates of the program who intend ‘‘(ii) a high-need school or a consortium of early childhood educator, means an educa- to enter the field of teaching have passed all high-need schools served by the high-need tor— of the applicable State qualification assess- local educational agency or, as applicable, a ‘‘(A) with specialized education and train- ments for new teachers, which shall include high-need early childhood education pro- ing in development and education of young an assessment of each prospective teacher’s gram; children from birth until entry into kinder- subject matter knowledge in the content ‘‘(iii) a partner institution; garten; area in which the teacher intends to teach; ‘‘(iv) a school, department, or program of ‘‘(B) with— or education within such partner institution; ‘‘(i) a baccalaureate degree in an academic ‘‘(ii) being ranked among the highest-per- and major in the arts and sciences; or forming teacher preparation programs in the ‘‘(v) a school or department of arts and ‘‘(ii) an associate’s degree in a related edu- State as determined by the State— sciences within such partner institution; and cational area; and ‘‘(I) using criteria consistent with the re- ‘‘(B) may include any of the following: ‘‘(C) who has demonstrated a high level of quirements for the State report card under ‘‘(i) The Governor of the State. knowledge and use of content and pedagogy section 205(b); and ‘‘(ii) The State educational agency. in the relevant areas associated with quality ‘‘(II) using the State report card on teacher ‘‘(iii) The State board of education. early childhood education. preparation required under section 205(b), ‘‘(iv) The State agency for higher edu- ‘‘(14) HIGHLY QUALIFIED.—The term ‘highly after the first publication of such report card cation. qualified’ has the meaning given such term and for every year thereafter; or ‘‘(v) A business. in section 9101 of the Elementary and Sec- ‘‘(B) that requires— ‘‘(vi) A public or private nonprofit edu- ondary Education Act of 1965 and, with re- cational organization. ‘‘(i) each student in the program to meet spect to special education teachers, in sec- ‘‘(vii) An educational service agency. tion 602 of the Individuals with Disabilities high academic standards and participate in ‘‘(viii) A teacher organization. Education Act. intensive clinical experience; ‘‘(ix) A high-performing local educational ‘‘(ii) each student in the program preparing ‘‘(15) INDUCTION PROGRAM.—The term ‘in- agency, or a consortium of such local edu- duction program’ means a formalized pro- to become a teacher to become highly quali- cational agencies, that can serve as a re- gram for new teachers during not less than fied; and source to the partnership. ‘‘(iii) each student in the program pre- ‘‘(x) A charter school (as defined in section the teachers’ first 2 years of teaching that is designed to provide support for, and improve paring to become an early childhood educa- 5210 of the Elementary and Secondary Edu- tor to meet degree requirements, as estab- cation Act of 1965). the professional performance and advance the retention in the teaching field of, begin- lished by the State, and become highly com- ‘‘(xi) A school or department within the petent. partner institution that focuses on psy- ning teachers. Such program shall promote effective teaching skills and shall include ‘‘(18) PRINCIPLES OF SCIENTIFIC RESEARCH.— chology and human development. The term ‘principles of scientific research’ ‘‘(xii) A school or department within the the following components: means research that— partner institution with comparable exper- ‘‘(A) High-quality teacher mentoring. ‘‘(A) applies rigorous, systematic, and ob- tise in the disciplines of teaching, learning, ‘‘(B) Periodic, structured time for collabo- jective methodology to obtain reliable and and child and adolescent development. ration with teachers in the same department valid knowledge relevant to education ac- ‘‘(8) ESSENTIAL COMPONENTS OF READING IN- or field, as well as time for information-shar- tivities and programs; STRUCTION.—The term ‘essential components ing among teachers, principals, administra- of reading instruction’ has the meaning tors, and participating faculty in the partner ‘‘(B) presents findings and makes claims given such term in section 1208 of the Ele- institution. that are appropriate to and supported by the mentary and Secondary Education Act of ‘‘(C) The application of empirically based methods that have been employed; and 1965. practice and scientifically valid research on ‘‘(C) includes, appropriate to the research ‘‘(9) EXEMPLARY TEACHER.—The term ‘ex- instructional practices. being conducted— emplary teacher’ has the meaning given such ‘‘(D) Opportunities for new teachers to ‘‘(i) use of systematic, empirical methods term in section 9101 of the Elementary and draw directly upon the expertise of teacher that draw on observation or experiment; Secondary Education Act of 1965. mentors, faculty, and researchers to support ‘‘(ii) use of data analyses that are adequate ‘‘(10) HIGH-NEED EARLY CHILDHOOD EDU- the integration of empirically based practice to support the general findings; CATION PROGRAM.—The term ‘high-need early and scientifically valid research with prac- ‘‘(iii) reliance on measurements or obser- childhood education program’ means an tice. vational methods that provide reliable and early childhood education program serving ‘‘(E) The development of skills in instruc- generalizable findings; children from low-income families that is lo- tional and behavioral interventions derived ‘‘(iv) claims of causal relationships only in cated within the geographic area served by a from empirically based practice and, where research designs that substantially elimi- high-need local educational agency. applicable, scientifically valid research. nate plausible competing explanations for ‘‘(11) HIGH-NEED LOCAL EDUCATIONAL AGEN- ‘‘(F) Faculty who— the obtained results, which may include but CY.—The term ‘high-need local educational ‘‘(i) model the integration of research and shall not be limited to random-assignment agency’ means a local educational agency— practice in the classroom; and experiments;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.071 S29JYPT1 erowe on PRODPC61 with SENATE S7650 CONGRESSIONAL RECORD — SENATE July 29, 2008 ‘‘(v) presentation of studies and methods in order thinking skills, including application, based on the needs identified in paragraph sufficient detail and clarity to allow for rep- analysis, synthesis, and evaluation; (1), with the goal of improving student lication or, at a minimum, to offer the op- ‘‘(E) effectively manage a classroom; achievement; portunity to build systematically on the ‘‘(F) communicate and work with parents ‘‘(C) the partnership’s evaluation plan findings of the research; and guardians, and involve parents and under section 204(a); ‘‘(vi) acceptance by a peer-reviewed journal guardians in their children’s education; and ‘‘(D) how the partnership will align the or critique by a panel of independent experts ‘‘(G) use, in the case of an early childhood teacher preparation program with the— through a comparably rigorous, objective, educator, age- and developmentally-appro- ‘‘(i) State early learning standards for and scientific review; and priate strategies and practices for children early childhood education programs, as ap- ‘‘(vii) use of research designs and methods in early education programs. propriate, and with the relevant domains of appropriate to the research question posed. ‘‘(23) TEACHING RESIDENCY PROGRAM.—The early childhood development; and ‘‘(19) PROFESSIONAL DEVELOPMENT.—The term ‘teaching residency program’ means a ‘‘(ii) the student academic achievement term ‘professional development’ has the school-based teacher preparation program in standards and academic content standards meaning given the term in section 9101 of the which a prospective teacher— under section 1111(b)(2) of the Elementary Elementary and Secondary Education Act of ‘‘(A) for 1 academic year, teaches alongside and Secondary Education Act of 1965, estab- 1965. a mentor teacher, who is the teacher of lished by the State in which the partnership ‘‘(20) SCIENTIFICALLY VALID RESEARCH.—The record; is located; term ‘scientifically valid research’ includes ‘‘(B) receives concurrent instruction dur- ‘‘(E) how faculty at the partner institution applied research, basic research, and field- ing the year described in subparagraph (A) will work with, during the term of the grant, initiated research in which the rationale, de- from the partner institution, which courses highly qualified teachers in the classrooms sign, and interpretation are soundly devel- may be taught by local educational agency of schools served by the high-need local edu- oped in accordance with accepted principles personnel or residency program faculty, in cational agency in the partnership to provide of scientific research. the teaching of the content area in which the high-quality professional development ac- ‘‘(21) TEACHER MENTORING.—The term teacher will become certified or licensed; tivities; ‘teacher mentoring’ means the mentoring of ‘‘(C) acquires effective teaching skills; and ‘‘(F) how the partnership will design, im- new or prospective teachers through a new ‘‘(D) prior to completion of the program, plement, or enhance a year-long, rigorous, or established program that— earns a master’s degree, attains full State and enriching teaching preservice clinical ‘‘(A) includes clear criteria for the selec- teacher certification or licensure, and be- program component; tion of teacher mentors who will provide role comes highly qualified. ‘‘(G) the in-service professional develop- model relationships for mentees, which cri- ‘‘SEC. 202. PARTNERSHIP GRANTS. ment strategies and activities to be sup- teria shall be developed by the eligible part- ‘‘(a) PROGRAM AUTHORIZED.—From ported; and nership and based on measures of teacher ef- amounts made available under section 208, ‘‘(H) how the partnership will collect, ana- fectiveness; the Secretary is authorized to award grants, lyze, and use data on the retention of all ‘‘(B) provides high-quality training for on a competitive basis, to eligible partner- teachers and early childhood educators in such mentors, including instructional strate- ships, to enable the eligible partnerships to schools and early childhood programs lo- gies for literacy instruction; carry out the activities described in sub- cated in the geographic area served by the ‘‘(C) provides regular and ongoing opportu- section (c). partnership to evaluate the effectiveness of nities for mentors and mentees to observe ‘‘(b) APPLICATION.—Each eligible partner- the partnership’s teacher and educator sup- each other’s teaching methods in classroom ship desiring a grant under this section shall port system; and settings during the day in a high-need school submit an application to the Secretary at ‘‘(7) with respect to the induction program in the high-need local educational agency in such time, in such manner, and accompanied required as part of the activities carried out the eligible partnership; by such information as the Secretary may under this section— ‘‘(D) provides mentoring to each mentee by require. Each such application shall con- ‘‘(A) a demonstration that the schools and a colleague who teaches in the same field, tain— departments within the institution of higher grade, or subject as the mentee; ‘‘(1) a needs assessment of all the partners ‘‘(E) promotes empirically based practice in the eligible partnership with respect to education that are part of the induction pro- of, and scientifically valid research on, the preparation, ongoing training, profes- gram have relevant and essential roles in the where applicable— sional development, and retention, of gen- effective preparation of teachers, including ‘‘(i) teaching and learning; eral and special education teachers, prin- content expertise and expertise in teaching; ‘‘(ii) assessment of student learning; cipals, and, as applicable, early childhood ‘‘(B) a demonstration of the partnership’s ‘‘(iii) the development of teaching skills educators; capability and commitment to the use of em- through the use of instructional and behav- ‘‘(2) a description of the extent to which pirically based practice and scientifically ioral interventions; and the program prepares prospective and new valid research on teaching and learning, and ‘‘(iv) the improvement of the mentees’ ca- teachers with strong teaching skills; the accessibility to and involvement of fac- pacity to measurably advance student learn- ‘‘(3) a description of the extent to which ulty; ing; and the program will prepare prospective and ‘‘(C) a description of how the teacher prep- ‘‘(F) includes— new teachers to understand research and aration program will design and implement ‘‘(i) common planning time or regularly data and the applicability of research and an induction program to support all new scheduled collaboration for the mentor and data in the classroom; teachers through not less than the first 2 mentee; and ‘‘(4) a description of how the partnership years of teaching in the further development ‘‘(ii) joint professional development oppor- will coordinate strategies and activities as- of the new teachers’ teaching skills, includ- tunities. sisted under the grant with other teacher ing the use of mentors who are trained and ‘‘(22) TEACHING SKILLS.—The term ‘teach- preparation or professional development pro- compensated by such program for the men- ing skills’ means skills that enable a teacher grams, including those funded under the Ele- tors’ work with new teachers; and to— mentary and Secondary Education Act of ‘‘(D) a description of how faculty involved ‘‘(A) increase student learning, achieve- 1965 and the Individuals with Disabilities in the induction program will be able to sub- ment, and the ability to apply knowledge; Education Act, and through the National stantially participate in an early childhood ‘‘(B) effectively convey and explain aca- Science Foundation, and how the activities education program or an elementary or sec- demic subject matter; of the partnership will be consistent with ondary school classroom setting, as applica- ‘‘(C) employ strategies grounded in the dis- State, local, and other education reform ac- ble, including release time and receiving ciplines of teaching and learning that— tivities that promote student achievement; workload credit for such participation. ‘‘(i) are based on empirically based prac- ‘‘(5) a resource assessment that describes ‘‘(c) REQUIRED USE OF GRANT FUNDS.—An tice and scientifically valid research, where the resources available to the partnership, eligible partnership that receives a grant applicable, on teaching and learning; including— under this part shall use grant funds to carry ‘‘(ii) are specific to academic subject mat- ‘‘(A) the integration of funds from other out a program for the pre-baccalaureate ter; and related sources; preparation of teachers under subsection (d), ‘‘(iii) focus on the identification of stu- ‘‘(B) the intended use of the grant funds; a teaching residency program under sub- dents’ specific learning needs, particularly ‘‘(C) the commitment of the resources of section (e), or both such programs. students with disabilities, students who are the partnership to the activities assisted ‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCA- limited English proficient, students who are under this section, including financial sup- LAUREATE PREPARATION OF TEACHERS.—An gifted and talented, and students with low port, faculty participation, and time com- eligible partnership that receives a grant to literacy levels, and the tailoring of academic mitments, and to the continuation of the ac- carry out an effective program for the pre- instruction to such needs; tivities when the grant ends; baccalaureate preparation of teachers shall ‘‘(D) conduct an ongoing assessment of stu- ‘‘(6) a description of— carry out a program that includes all of the dent learning, which may include the use of ‘‘(A) how the partnership will meet the following: formative assessments, performance-based purposes of this part; ‘‘(1) REFORMS.— assessments, project-based assessments, or ‘‘(B) how the partnership will carry out the ‘‘(A) IN GENERAL.—Implementing reforms, portfolio assessments, that measure higher- activities required under subsection (d) or (e) described in subparagraph (B), within each

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.071 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7651 teacher preparation program and, as applica- ‘‘(i) clinical learning in classrooms in high- ‘‘(C) Ensuring that teaching residents that ble, each preparation program for early need schools served by the high-need local participated in the teaching residency pro- childhood education programs, of the eligible educational agency in the eligible partner- gram receive— partnership that is assisted under this sec- ship and identified by the eligible partner- ‘‘(i) effective preservice preparation as de- tion, to hold each program accountable for— ship; and scribed in paragraph (2); ‘‘(i) preparing— ‘‘(ii) closely supervised interaction be- ‘‘(ii) teacher mentoring; ‘‘(I) current or prospective teachers to be tween faculty and new and experienced ‘‘(iii) induction through the induction pro- highly qualified (including teachers in rural teachers, principals, and other administra- gram as the teaching residents enter the school districts who may teach multiple sub- tors at early childhood education programs classroom as new teachers; and jects, special educators, and teachers of stu- (as applicable), elementary schools, or sec- ‘‘(iv) the preparation described in subpara- dents who are limited English proficient who ondary schools, and providing support for graphs (A), (B), and (C) of subsection (d)(2). may teach multiple subjects); such interaction. ‘‘(2) TEACHING RESIDENCY PROGRAMS.— ‘‘(II) such teachers and, as applicable, early ‘‘(B) Integrate pedagogy and classroom ‘‘(A) ESTABLISHMENT AND DESIGN.—A teach- childhood educators, to understand empiri- practice and promote effective teaching ing residency program under this paragraph cally based practice and scientifically valid skills in academic content areas. shall be a program based upon models of suc- research on teaching and learning and its ap- ‘‘(C) Provide high-quality teacher men- cessful teaching residencies that serves as a plicability, and to use technology effec- toring. mechanism to prepare teachers for success in tively, including the use of instructional ‘‘(D)(i) Be offered over the course of a pro- the high-need schools in the eligible partner- techniques to improve student achievement; gram of teacher preparation; ship, and shall be designed to include the fol- and ‘‘(ii) be tightly aligned with course work lowing characteristics of successful pro- ‘‘(III) as applicable, early childhood edu- (and may be developed as a 5th year of a grams: cators to be highly competent; and teacher preparation program); and ‘‘(i) The integration of pedagogy, class- ‘‘(ii) promoting strong teaching skills and, ‘‘(iii) where feasible, allow prospective room practice, and teacher mentoring. as applicable, techniques for early childhood teachers to learn to teach in the same school ‘‘(ii) Engagement of teaching residents in educators to improve children’s cognitive, district in which the teachers will work, rigorous graduate-level coursework to earn a social, emotional, and physical development. learning the instructional initiatives and master’s degree while undertaking a guided ‘‘(B) REQUIRED REFORMS.—The reforms de- curriculum of that district. teaching apprenticeship. scribed in subparagraph (A) shall include— ‘‘(E) Provide support and training for those ‘‘(iii) Experience and learning opportuni- ‘‘(i) implementing teacher preparation pro- individuals participating in an activity for ties alongside a trained and experienced gram curriculum changes that improve, prospective teachers described in this para- mentor teacher— evaluate, and assess how well all prospective graph or paragraph (1) or (2), and for those ‘‘(I) whose teaching shall complement the and new teachers develop teaching skills; who serve as mentors for such teachers, residency program so that classroom clinical ‘‘(ii) using empirically based practice and based on each individual’s experience. Such practice is tightly aligned with coursework; scientifically valid research, where applica- support may include— ‘‘(II) who shall have extra responsibilities ble, about the disciplines of teaching and ‘‘(i) with respect to a prospective teacher as a teacher leader of the teaching residency learning so that all prospective teachers and, or a mentor, release time for such individ- program, as a mentor for residents, and as a as applicable, early childhood educators— ual’s participation; teacher coach during the induction program ‘‘(I) can understand and implement re- ‘‘(ii) with respect to a faculty member, re- for novice teachers, and for establishing, search-based teaching practices in class- ceiving course workload credit and com- within the program, a learning community room-based instruction; pensation for time teaching in the eligible in which all individuals are expected to con- ‘‘(II) have knowledge of student learning partnership’s activities; and tinually improve their capacity to advance methods; ‘‘(iii) with respect to a mentor, a stipend, student learning; and ‘‘(III) possess skills to analyze student aca- which may include bonus, differential, incen- ‘‘(III) who may have full relief from teach- demic achievement data and other measures tive, or merit or performance-based pay. ing duties as a result of such additional re- of student learning and use such data and ‘‘(3) INDUCTION PROGRAMS FOR NEW TEACH- sponsibilities. measures to improve instruction in the ERS.—Creating an induction program for new ‘‘(iv) The establishment of clear criteria classroom; teachers, or, in the case of an early child- for the selection of mentor teachers based on ‘‘(IV) possess teaching skills and an under- hood education program, providing men- measures of teacher effectiveness and the ap- standing of effective instructional strategies toring or coaching for new early childhood propriate subject area knowledge. Evalua- across all applicable content areas that en- educators. tion of teacher effectiveness shall be based able the teachers and early childhood edu- ‘‘(4) SUPPORT AND TRAINING FOR PARTICI- on observations of such domains of teaching cators to— PANTS IN EARLY CHILDHOOD EDUCATION PRO- as the following: ‘‘(aa) meet the specific learning needs of GRAMS.—In the case of an eligible partner- ‘‘(I) Planning and preparation, including all students, including students with disabil- ship focusing on early childhood educator demonstrated knowledge of content, peda- ities, students who are limited English pro- preparation, implementing initiatives that gogy, and assessment, including the use of ficient, students who are gifted and talented, increase compensation for early childhood formative assessments to improve student students with low literacy levels and, as ap- educators who attain associate or bacca- learning. plicable, children in early childhood edu- laureate degrees in early childhood edu- ‘‘(II) Appropriate instruction that engages cation programs; and cation. students with different learning styles. ‘‘(bb) differentiate instruction for such stu- ‘‘(5) TEACHER RECRUITMENT.—Developing ‘‘(III) Collaboration with colleagues to im- dents; and and implementing effective mechanisms to prove instruction. ‘‘(V) can successfully employ effective ensure that the eligible partnership is able ‘‘(IV) Analysis of gains in student learning, strategies for reading instruction using the to recruit qualified individuals to become based on multiple measures, that, when fea- essential components of reading instruction; highly qualified teachers through the activi- sible, may include valid and reliable objec- ‘‘(iii) ensuring collaboration with depart- ties of the eligible partnership. tive measures of the influence of teachers on ments, programs, or units of a partner insti- ‘‘(e) PARTNERSHIP GRANTS FOR THE ESTAB- the rate of student academic progress. tution outside of the teacher preparation LISHMENT OF TEACHING RESIDENCY PRO- ‘‘(V) In the case of mentor candidates who program in all academic content areas to en- GRAMS.— will be mentoring current or future literacy sure that new teachers receive training in ‘‘(1) IN GENERAL.—An eligible partnership and mathematics coaches or instructors, ap- both teaching and relevant content areas in receiving a grant to carry out an effective propriate skills in the essential components order to become highly qualified; teaching residency program shall carry out a of reading instruction, teacher training in ‘‘(iv) developing and implementing an in- program that includes all of the following literacy instructional strategies across core duction program; and activities: subject areas, and teacher training in mathe- ‘‘(v) developing admissions goals and prior- ‘‘(A) Supporting a teaching residency pro- matics instructional strategies, as appro- ities with the hiring objectives of the high- gram described in paragraph (2) for high- priate. need local educational agency in the eligible need subjects and areas, as determined by ‘‘(v) Grouping of teaching residents in co- partnership. the needs of the high-need local educational horts to facilitate professional collaboration ‘‘(2) CLINICAL EXPERIENCE AND INTER- agency in the partnership. among such residents. ACTION.—Developing and improving a sus- ‘‘(B) Modifying staffing procedures to pro- ‘‘(vi) The development of admissions goals tained and high-quality pre-service clinical vide greater flexibility for local educational and priorities aligned with the hiring objec- education program to further develop the agency and school leaders to establish effec- tives of the local educational agency teaching skills of all prospective teachers tive school-level staffing in order to facili- partnering with the program, as well as the and, as applicable, early childhood edu- tate placement of graduates of the teaching instructional initiatives and curriculum of cators, involved in the program. Such pro- residency program in cohorts that facilitate the agency, in exchange for a commitment gram shall do the following: professional collaboration, both among grad- by the agency to hire graduates from the ‘‘(A) Incorporate year-long opportunities uates of the teaching residency program and teaching residency program. for enrichment activity or a combination of between such graduates and mentor teachers ‘‘(vii) Support for residents, once the activities, including— in the receiving school. teaching residents are hired as teachers of

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record, through an induction program, pro- ‘‘(3) WRITTEN CONSENT.—The Secretary ‘‘(d) LIMITATION ON ADMINISTRATIVE EX- fessional development, and networking op- may approve changes in grant activities of a PENSES.—An eligible partnership that re- portunities to support the residents through grant under this section only if a written ceives a grant under this part may use not not less than the residents’ first 2 years of consent signed by all members of the eligible more than 2 percent of the grant funds for teaching. partnership is submitted to the Secretary. purposes of administering the grant. ‘‘(B) SELECTION OF INDIVIDUALS AS TEACHER ‘‘(h) CONSTRUCTION.—Nothing in this sec- ‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. RESIDENTS.— tion shall be construed to prohibit an eligi- ‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.— ‘‘(i) ELIGIBLE INDIVIDUAL.—In order to be ble partnership from using grant funds to co- Each eligible partnership submitting an ap- eligible to be a teacher resident in a teach- ordinate with the activities of eligible part- plication for a grant under this part shall es- ing residency program under this paragraph, nerships in other States or on a regional tablish and include in such application, an basis through Governors, State boards of an individual shall— evaluation plan that includes strong per- education, State educational agencies, State ‘‘(I) be a recent graduate of a 4-year insti- formance objectives. The plan shall include agencies responsible for early childhood edu- tution of higher education or a mid-career objectives and measures for increasing— cation, local educational agencies, or State professional from outside the field of edu- ‘‘(1) student achievement for all students agencies for higher education. cation possessing strong content knowledge as measured by the eligible partnership; or a record of professional accomplishment; ‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds made available under this section shall be ‘‘(2) teacher retention in the first 3 years of and a teacher’s career; ‘‘(II) submit an application to the teaching used to supplement, and not supplant, other Federal, State, and local funds that would ‘‘(3) improvement in the pass rates and residency program. scaled scores for initial State certification ‘‘(ii) SELECTION CRITERIA.—An eligible part- otherwise be expended to carry out activities under this section. or licensure of teachers; and nership carrying out a teaching residency ‘‘(4)(A) the percentage of highly qualified program under this subparagraph shall es- ‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. ‘‘(a) DURATION; NUMBER OF AWARDS; PAY- teachers hired by the high-need local edu- tablish criteria for the selection of eligible cational agency participating in the eligible individuals to participate in the teaching MENTS.— ‘‘(1) DURATION.—A grant awarded under partnership; residency program based on the following ‘‘(B) the percentage of such teachers who characteristics: this part shall be awarded for a period of 5 years. are members of under represented groups; ‘‘(I) Strong content knowledge or record of ‘‘(C) the percentage of such teachers who accomplishment in the field or subject area ‘‘(2) NUMBER OF AWARDS.—An eligible part- nership may not receive more than 1 grant teach high-need academic subject areas to be taught. (such as reading, mathematics, science, and ‘‘(II) Strong verbal and written commu- during a 5-year period. Nothing in this title shall be construed to prohibit an individual foreign language, including less commonly nication skills, which may be demonstrated taught languages and critical foreign lan- by performance on appropriate tests. member, that can demonstrate need, of an eligible partnership that receives a grant guages); ‘‘(III) Other attributes linked to effective ‘‘(D) the percentage of such teachers who teaching, which may be determined by inter- under this title from entering into another eligible partnership consisting of new mem- teach in high-need areas (including special views or performance assessments, as speci- education, language instruction educational fied by the eligible partnership. bers and receiving a grant with such other eligible partnership before the 5-year period programs for limited English proficient stu- ‘‘(C) STIPEND AND SERVICE REQUIREMENT.— dents, and early childhood education); ‘‘(i) STIPEND.—A teaching residency pro- described in the preceding sentence applica- ble to the eligible partnership with which ‘‘(E) the percentage of such teachers in gram under this paragraph shall provide a 1- high-need schools, disaggregated by the ele- year living stipend or salary to teaching the individual member has first partnered has expired. mentary, middle, and high school levels; and residents during the 1-year teaching resi- ‘‘(F) as applicable, the percentage of early dency program. ‘‘(3) PAYMENTS.—The Secretary shall make annual payments of grant funds awarded childhood education program classes in the ‘‘(ii) SERVICE REQUIREMENT.—As a condi- geographic area served by the eligible part- tion of receiving a stipend under this sub- under this part. ‘‘(b) PEER REVIEW.— nership taught by early childhood educators paragraph, a teaching resident shall agree to who are highly competent. teach in a high-need school served by the ‘‘(1) PANEL.—The Secretary shall provide the applications submitted under this part to ‘‘(b) INFORMATION.—An eligible partnership high-need local educational agency in the el- receiving a grant under this part shall en- igible partnership for a period of 3 or more a peer review panel for evaluation. With re- spect to each application, the peer review sure that teachers, principals, school super- years after completing the 1-year teaching intendents, and faculty and leadership at in- residency program. panel shall initially recommend the applica- tion for funding or for disapproval. stitutions of higher education located in the ‘‘(iii) REPAYMENT.—If a teaching resident geographic areas served by the eligible part- who received a stipend under this subpara- ‘‘(2) PRIORITY.—In recommending applica- tions to the Secretary for funding under this nership under this part are provided informa- graph does not complete the service require- tion about the activities carried out with ment described in clause (ii), such individual part, the panel shall give priority— ‘‘(A) to applications from broad-based eli- funds under this part, including through shall repay to the high-need local edu- electronic means. cational agency a pro rata portion of the sti- gible partnerships that involve businesses ‘‘(c) REVOCATION OF GRANT.—If the Sec- pend amount for the amount of teaching and community organizations; and ‘‘(B) to eligible partnerships so that the retary determines that an eligible partner- time that the individual did not complete. ship receiving a grant under this part is not ‘‘(f) ALLOWABLE USE OF GRANT FUNDS.—An awards promote an equitable geographic dis- making substantial progress in meeting the eligible partnership that receives a grant tribution of grants among rural and urban purposes, goals, objectives, and measures, as under this part may use grant funds provided areas. to carry out the activities described in sub- ‘‘(3) SECRETARIAL SELECTION.—The Sec- appropriate, of the grant by the end of the sections (d) and (e) to partner with a tele- retary shall determine, based on the peer re- third year of a grant under this part, then vision public broadcast station, as defined in view process, which applications shall re- the Secretary shall require such eligible section 397(6) of the Communications Act of ceive funding and the amounts of the grants. partnership to submit a revised application 1934 (47 U.S.C. 397(6)), for the purpose of im- In determining the grant amount, the Sec- that identifies the steps the partnership will proving the quality of pre-baccalaureate retary shall take into account the total take to make substantial progress to meet teacher preparation programs. The partner- amount of funds available for all grants the purposes, goals, objectives, and meas- ship may use such funds to enhance the qual- under this part and the types of activities ures, as appropriate, of this part. ity of pre-service training for prospective proposed to be carried out by the eligible ‘‘(d) EVALUATION AND DISSEMINATION.—The teachers, including through the use of digital partnership. Secretary shall evaluate the activities fund- educational content and related services. ‘‘(c) MATCHING REQUIREMENTS.— ed under this part and report the Secretary’s ‘‘(g) CONSULTATION.— ‘‘(1) IN GENERAL.—Each eligible partnership findings regarding the activities to the au- ‘‘(1) IN GENERAL.—Members of an eligible receiving a grant under this part shall pro- thorizing committees. The Secretary shall partnership that receives a grant under this vide, from non-Federal sources, an amount broadly disseminate— section shall engage in regular consultation equal to 100 percent of the amount of the ‘‘(1) successful practices developed by eligi- throughout the development and implemen- grant, which may be provided in cash or in- ble partnerships under this part; and tation of programs and activities under this kind, to carry out the activities supported ‘‘(2) information regarding such practices section. by the grant. that were found to be ineffective. ‘‘(2) REGULAR COMMUNICATION.—To ensure ‘‘(2) WAIVER.—The Secretary may waive all ‘‘SEC. 205. ACCOUNTABILITY FOR PROGRAMS timely and meaningful consultation, regular or part of the matching requirement de- THAT PREPARE TEACHERS. communication shall occur among all mem- scribed in paragraph (1) for any fiscal year ‘‘(a) INSTITUTIONAL AND PROGRAM REPORT bers of the eligible partnership, including for an eligible partnership, if the Secretary CARDS ON THE QUALITY OF TEACHER PREPARA- the high-need local educational agency. Such determines that applying the matching re- TION.— communication shall continue throughout quirement to the eligible partnership would ‘‘(1) REPORT CARD.—Each institution of the implementation of the grant and the as- result in serious hardship or an inability to higher education that conducts a traditional sessment of programs and activities under carry out the authorized activities described teacher preparation program or alternative this section. in this part. routes to State certification or licensure

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.072 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7653 program and that enrolls students receiving licensure program and has fewer than 10 (except that such disaggregation shall not be Federal assistance under this Act shall re- scores reported on any single initial teacher required in a case in which the number of port annually to the State and the general certification or licensure assessment during students in a category is insufficient to yield public, in a uniform and comprehensible an academic year, the institution shall col- statistically reliable information or the re- manner that conforms with the definitions lect and publish information, as required sults would reveal personally identifiable in- and methods established by the Secretary, under paragraph (1)(A), with respect to an formation about an individual student), the both for traditional teacher preparation pro- average pass rate and scaled score on each average number of hours of supervised clin- grams and alternative routes to State cer- State certification or licensure assessment ical experience required for those in the pro- tification or licensure programs, the fol- taken over a 3-year period. gram, and the number of full-time equiva- lowing information: ‘‘(b) STATE REPORT CARD ON THE QUALITY lent faculty, adjunct faculty, and students in ‘‘(A) PASS RATES AND SCALED SCORES.—For OF TEACHER PREPARATION.— supervised clinical experience. the most recent year for which the informa- ‘‘(1) IN GENERAL.—Each State that receives ‘‘(H) For the State as a whole, and for each tion is available for those students who took funds under this Act shall provide to the teacher preparation program in the State, the assessments and are enrolled in the tra- Secretary, annually, in a uniform and com- the number of teachers prepared, in the ag- ditional teacher preparation program or al- prehensible manner that conforms with the gregate and reported separately by— ternative routes to State certification or li- definitions and methods established by the ‘‘(i) area of certification or licensure; censure program, and for those who have Secretary, a State report card on the quality ‘‘(ii) academic major; and taken the assessments and have completed of teacher preparation in the State, both for ‘‘(iii) subject area for which the teacher the traditional teacher preparation program traditional teacher preparation programs has been prepared to teach. or alternative routes to State certification and for alternative routes to State certifi- ‘‘(I) Using the data generated under sub- or licensure program during the 2-year pe- cation or licensure programs, which shall in- paragraphs (G) and (H), a description of the riod preceding such year, for each of the as- clude not less than the following: extent to which teacher preparation pro- sessments used for teacher certification or ‘‘(A) A description of reliability and valid- grams are helping to address shortages of licensure by the State in which the program ity of the teacher certification and licensure highly qualified teachers, by area of certifi- is located— assessments, and any other certification and cation or licensure, subject, and specialty, in ‘‘(i) the percentage of students who have licensure requirements, used by the State. the State’s public schools. completed 100 percent of the nonclinical ‘‘(B) The standards and criteria that pro- ‘‘(J) A description of the activities that spective teachers must meet in order to at- coursework and taken the assessment who prepare teachers to effectively integrate tain initial teacher certification or licensure pass such assessment; technology into curricula and instruction and to be certified or licensed to teach par- ‘‘(ii) the percentage of all such students and effectively use technology to collect, ticular academic subject areas or in par- who passed each such assessment; manage, and analyze data in order to im- ticular grades within the State. ‘‘(iii) the percentage of students taking an prove teaching, learning, and decision- ‘‘(C) A description of how the assessments assessment who completed the teacher prep- making for the purpose of increasing student and requirements described in subparagraph aration program after enrolling in the pro- academic achievement. gram, which shall be made available widely (A) are aligned with the State’s challenging ‘‘(2) PROHIBITION AGAINST CREATING A NA- and publicly by the State; academic content standards required under TIONAL LIST.—The Secretary shall not create ‘‘(iv) the average scaled score for all stu- section 1111(b)(1) of the Elementary and Sec- a national list or ranking of States, institu- dents who took each such assessment; ondary Education Act of 1965 and State early tions, or schools using the scaled scores pro- ‘‘(v) a comparison of the program’s pass learning standards for early childhood edu- vided under this subsection. rates with the average pass rates for pro- cation programs. ‘‘(c) REPORT OF THE SECRETARY ON THE grams in the State; and ‘‘(D) For each of the assessments used by QUALITY OF TEACHER PREPARATION.— ‘‘(vi) a comparison of the program’s aver- the State for teacher certification or licen- ‘‘(1) REPORT CARD.—The Secretary shall age scaled scores with the average scaled sure— provide to Congress, and publish and make scores for programs in the State. ‘‘(i) for each institution of higher edu- widely available, a report card on teacher ‘‘(B) PROGRAM INFORMATION.—The criteria cation located in the State and each entity for admission into the program, the number located in the State that offers an alter- qualifications and preparation in the United of students in the program (disaggregated by native route for teacher certification or li- States, including all the information re- race and gender), the average number of censure, the percentage of students at such ported in subparagraphs (A) through (J) of hours of supervised clinical experience re- institution or entity who have completed 100 subsection (b)(1). Such report shall identify quired for those in the program, the number percent of the nonclinical coursework and States for which eligible partnerships re- of full-time equivalent faculty and students taken the assessment who pass such assess- ceived a grant under this part. Such report in the supervised clinical experience, and the ment; shall be so provided, published, and made total number of students who have been cer- ‘‘(ii) the percentage of all such students at available annually. tified or licensed as teachers, disaggregated all such institutions taking the assessment ‘‘(2) REPORT TO CONGRESS.—The Secretary by subject and area of certification or licen- who pass such assessment; and shall prepare and submit a report to Con- sure. ‘‘(iii) the percentage of students taking an gress that contains the following: ‘‘(C) STATEMENT.—In States that require assessment who completed the teacher prep- ‘‘(A) A comparison of States’ efforts to im- approval or accreditation of teacher prepara- aration program after enrolling in the pro- prove the quality of the current and future tion programs, a statement of whether the gram, which shall be made available widely teaching force. institution’s program is so approved or ac- and publicly by the State. ‘‘(B) A comparison of eligible partnerships’ credited, and by whom. ‘‘(E) A description of alternative routes to efforts to improve the quality of the current ‘‘(D) DESIGNATION AS LOW-PERFORMING.— State certification or licensure in the State and future teaching force. Whether the program has been designated as (including any such routes operated by enti- ‘‘(C) The national mean and median scaled low-performing by the State under section ties that are not institutions of higher edu- scores and pass rate on any standardized test 207(a). cation), if any, including, for each of the as- that is used in more than 1 State for teacher ‘‘(E) USE OF TECHNOLOGY.—A description of sessments used by the State for teacher cer- certification or licensure. the activities that prepare teachers to effec- tification or licensure— ‘‘(3) SPECIAL RULE.—In the case of a teach- tively integrate technology into curricula ‘‘(i) the percentage of individuals partici- er preparation program with fewer than 10 and instruction and effectively use tech- pating in such routes, or who have completed scores reported on any single initial teacher nology to collect, manage, and analyze data such routes during the 2-year period pre- certification or licensure assessment during in order to improve teaching, learning, and ceding the date of the determination, who an academic year, the Secretary shall collect decisionmaking for the purpose of increasing passed each such assessment; and and publish information, and make publicly student academic achievement. ‘‘(ii) the average scaled score of individuals available, with respect to an average pass ‘‘(2) REPORT.—Each eligible partnership re- participating in such routes, or who have rate and scaled score on each State certifi- ceiving a grant under section 202 shall report completed such routes during the period pre- cation or licensure assessment taken over a annually on the progress of the eligible part- ceding the date of the determination, who 3-year period. nership toward meeting the purposes of this took each such assessment. ‘‘(d) COORDINATION.—The Secretary, to the part and the objectives and measures de- ‘‘(F) A description of the State’s criteria extent practicable, shall coordinate the in- scribed in section 204(a). for assessing the performance of teacher formation collected and published under this ‘‘(3) FINES.—The Secretary may impose a preparation programs within institutions of part among States for individuals who took fine not to exceed $25,000 on an institution of higher education in the State. Such criteria State teacher certification or licensure as- higher education for failure to provide the shall include indicators of the academic con- sessments in a State other than the State in information described in this subsection in a tent knowledge and teaching skills of stu- which the individual received the individ- timely or accurate manner. dents enrolled in such programs. ual’s most recent degree. ‘‘(4) SPECIAL RULE.—In the case of an insti- ‘‘(G) For each teacher preparation program ‘‘SEC. 205A. TEACHER DEVELOPMENT. tution of higher education that conducts a in the State, the criteria for admission into ‘‘(a) ANNUAL GOALS.—As a condition of re- traditional teacher preparation program or the program, the number of students in the ceiving assistance under title IV, each insti- alternative routes to State certification or program, disaggregated by race and gender tution of higher education that conducts a

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This section ‘‘(1) increasing the number of prospective 205 and 206, the Secretary shall ensure that shall not be construed to prohibit private, teachers trained in teacher shortage areas States and institutions of higher education religious, or home schools from participation designated by the Secretary, including math- use fair and equitable methods in reporting in programs or services under this title. ematics, science, special education, and in- and that the reporting methods do not allow ‘‘(b) NO CHANGE IN STATE CONTROL ENCOUR- struction of limited English proficient stu- identification of individuals. AGED OR REQUIRED.—Nothing in this title dents; and ‘‘(b) SPECIAL RULE.—For each State that shall be construed to encourage or require ‘‘(2) more closely linking the training pro- does not use content assessments as a means any change in a State’s treatment of any pri- vided by the institution with the needs of of ensuring that all teachers teaching in core vate, religious, or home school, whether or schools and the instructional decisions new academic subjects within the State are high- not a home school is treated as a private teachers face in the classroom. ly qualified, as required under section 1119 of school or home school under State law. ‘‘(b) ASSURANCE.—As a condition of receiv- the Elementary and Secondary Education ‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFI- ing assistance under title IV, each institu- Act of 1965 and in accordance with the State CATION OR LICENSURE PROHIBITED.—Nothing tion described in subsection (a) shall provide plan submitted or revised under section 1111 in this title shall be construed to permit, an assurance to the Secretary that— of such Act, and that each person employed allow, encourage, or authorize the Secretary ‘‘(1) training provided to prospective teach- as a special education teacher in the State to establish or support any national system ers responds to the identified needs of the who teaches elementary school, middle of teacher certification or licensure.’’. school, or secondary school is highly quali- local educational agencies or States where TITLE III—INSTITUTIONAL AID the institution’s graduates are likely to fied by the deadline, as required under sec- SEC. 301. PROGRAM PURPOSE. teach, based on past hiring and recruitment tion 612(a)(14)(C) of the Individuals with Dis- abilities Education Act,— Section 311 (20 U.S.C. 1057) is amended— trends; (1) in subsection (b)— ‘‘(2) prospective special education teachers ‘‘(1) the Secretary shall, to the extent practicable, collect data comparable to the (A) in paragraph (1), by striking ‘‘351’’ and receive coursework in core academic sub- inserting ‘‘391’’; and jects and receive training in providing in- data required under this part from States, local educational agencies, institutions of (B) in paragraph (3)(F), by inserting ‘‘, in- struction in core academic subjects; higher education, or other entities that ad- cluding services that will assist in the edu- ‘‘(3) regular education teachers receive minister such assessments to teachers or cation of special populations’’ before the pe- training in providing instruction to diverse prospective teachers; and riod; and populations, including children with disabil- ‘‘(2) notwithstanding any other provision (2) in subsection (c)— ities, limited English proficient students, of this part, the Secretary shall use such (A) in paragraph (6), by inserting ‘‘, includ- and children from low-income families; and data to carry out requirements of this part ing innovative, customized, remedial edu- ‘‘(4) prospective teachers receive training related to assessments, pass rates, and scaled cation and English language instruction on how to effectively teach in urban and scores. courses designed to help retain students and rural schools. ‘‘(c) RELEASE OF INFORMATION TO TEACHER move the students rapidly into core courses ‘‘(c) PUBLIC REPORTING.—As part of the an- PREPARATION PROGRAMS.— and through program completion’’ before the nual report card required under section ‘‘(1) IN GENERAL.—For the purpose of im- 205(a)(1), an institution of higher education period; proving teacher preparation programs, a described in subsection (a) shall publicly re- (B) by redesignating paragraphs (7) State educational agency that receives funds port whether the goals established under through (12) as paragraphs (8) through (13), under this Act, or that participates as a such subsection have been met. respectively; member of a partnership, consortium, or (C) by inserting after paragraph (6) the fol- ‘‘SEC. 206. STATE FUNCTIONS. other entity that receives such funds, shall lowing: ‘‘(a) STATE ASSESSMENT.—In order to re- provide to a teacher preparation program, ‘‘(7) Education or counseling services de- ceive funds under this Act, a State shall upon the request of the teacher preparation have in place a procedure to identify and as- signed to improve the financial literacy and program, any and all pertinent education-re- economic literacy of students or the stu- sist, through the provision of technical as- lated information that— sistance, low-performing programs of teach- dents’ parents.’’; ‘‘(A) may enable the teacher preparation (D) in paragraph (12) (as redesignated by er preparation. Such State shall provide the program to evaluate the effectiveness of the Secretary an annual list of such low-per- subparagraph (B)), by striking ‘‘distance program’s graduates or the program itself; learning academic instruction capabilities’’ forming teacher preparation programs that and includes an identification of those programs and inserting ‘‘distance education tech- ‘‘(B) is possessed, controlled, or accessible nologies’’; and at risk of being placed on such list. Such lev- by the State educational agency. els of performance shall be determined solely (E) in the matter preceding subparagraph ‘‘(2) CONTENT OF INFORMATION.—The infor- by the State and may include criteria based (A) of paragraph (13) (as redesignated by sub- mation described in paragraph (1)— paragraph (B)), by striking ‘‘subsection (c)’’ on information collected pursuant to this ‘‘(A) shall include an identification of spe- part. Such assessment shall be described in and inserting ‘‘subsection (b) and section cific individuals who graduated from the 391’’. the report under section 205(b). teacher preparation program to enable the ‘‘(b) TERMINATION OF ELIGIBILITY.—Any SEC. 302. DEFINITIONS; ELIGIBILITY. teacher preparation program to evaluate the program of teacher preparation from which Section 312 (20 U.S.C. 1058) is amended— information provided to the program from the State has withdrawn the State’s ap- (1) in subsection (b)(1)(A), by striking ‘‘sub- the State educational agency with the pro- proval, or terminated the State’s financial section (c) of this section’’ and inserting gram’s own data about the specific courses support, due to the low performance of the ‘‘subsection (d)’’; and taken by, and field experiences of, the indi- program based upon the State assessment (2) in subsection (d)(2), by striking ‘‘sub- vidual graduates; and described in subsection (a)— division’’ and inserting ‘‘paragraph’’. ‘‘(B) may include— ‘‘(1) shall be ineligible for any funding for ‘‘(i) kindergarten through grade 12 aca- SEC. 303. AMERICAN INDIAN TRIBALLY CON- professional development activities awarded TROLLED COLLEGES AND UNIVER- demic achievement and demographic data, by the Department; SITIES. without revealing personally identifiable in- ‘‘(2) shall not be permitted to accept or en- Section 316 (20 U.S.C. 1059c) is amended— formation about an individual student, for roll any student that receives aid under title (1) by striking subsection (b)(3) and insert- students who have been taught by graduates IV in the institution’s teacher preparation ing the following: of the teacher preparation program; and program; and ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The ‘‘(ii) teacher effectiveness evaluations for ‘‘(3) shall provide transitional support, in- term ‘Tribal College or University’ means an teachers who graduated from the teacher cluding remedial services if necessary, for institution that— preparation program. students enrolled at the institution at the ‘‘(A) qualifies for funding under the Trib- time of termination of financial support or ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. ally Controlled College or University Assist- ‘‘There are authorized to be appropriated withdrawal of approval. ance Act of 1978 (25 U.S.C. 1801 et seq.) or the to carry out this part such sums as may be ‘‘(c) NEGOTIATED RULEMAKING.—If the Sec- Navajo Community College Assistance Act retary develops any regulations imple- necessary for fiscal year 2008 and each of the of 1978 (25 U.S.C. 640a note); or menting subsection (b)(2), the Secretary 5 succeeding fiscal years.’’. ‘‘(B) is cited in section 532 of the Equity in shall submit such proposed regulations to a SEC. 202. GENERAL PROVISIONS. Educational Land-Grant Status Act of 1994 (7 negotiated rulemaking process, which shall Title II (20 U.S.C. 1021 et seq.) is amended U.S.C. 301 note).’’; include representatives of States, institu- by adding at the end the following: (2) in subsection (c)(2)— tions of higher education, and educational ‘‘PART C—GENERAL PROVISIONS (A) in subparagraph (B), by inserting be- and student organizations. ‘‘SEC. 231. LIMITATIONS. fore the semicolon at the end the following: ‘‘(d) APPLICATION OF THE REQUIREMENTS.— ‘‘(a) FEDERAL CONTROL PROHIBITED.—Noth- ‘‘and the acquisition of real property adja- The requirements of this section shall apply ing in this title shall be construed to permit, cent to the campus of the institution’’;

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(B) by redesignating subparagraphs (G), (1) in subparagraph (G), by striking ‘‘and’’ ‘‘(B) SIMPLIFIED AND STREAMLINED FOR- (H), (I), (J), (K), and (L) as subparagraphs after the semicolon; MAT.—The Secretary shall, to the extent pos- (H), (I), (J), (K), (L), and (N), respectively; (2) in subparagraph (H), by striking the pe- sible, prescribe a simplified and streamlined (C) by inserting after subparagraph (F) the riod and inserting ‘‘; and’’; and format for applications under this section following: (3) by adding at the end the following: that takes into account the limited number ‘‘(G) education or counseling services de- ‘‘(I) education or counseling services de- of institutions that are eligible for assist- signed to improve the financial literacy and signed to improve the financial literacy and ance under this section. economic literacy of students or the stu- economic literacy of students or the stu- ‘‘(C) CONTENT.—An application submitted dents’ parents;’’; dents’ parents.’’. under subparagraph (A) shall include— (D) in subparagraph (L) (as redesignated by SEC. 305. NATIVE AMERICAN-SERVING, NON- ‘‘(i) a 5-year plan for improving the assist- subparagraph (B)), by striking ‘‘and’’ after TRIBAL INSTITUTIONS. ance provided by the Native American-serv- the semicolon; (a) GRANT PROGRAM AUTHORIZED.—Part A ing, nontribal institution to Native Ameri- (E) by inserting after subparagraph (L) (as of title III (20 U.S.C. 1057 et seq.) is amended cans; and redesignated by subparagraph (B)) the fol- by adding at the end the following: ‘‘(ii) such other information and assur- lowing: ‘‘SEC. 318. NATIVE AMERICAN-SERVING, NON- ances as the Secretary may require. ‘‘(M) developing or improving facilities for TRIBAL INSTITUTIONS. ‘‘(3) SPECIAL RULES.— Internet use or other distance education ‘‘(a) PROGRAM AUTHORIZED.—The Secretary ‘‘(A) ELIGIBILITY.—No Native American- technologies; and’’; and shall provide grants and related assistance serving, nontribal institution that receives (F) in subparagraph (N) (as redesignated by to Native American-serving, nontribal insti- funds under this section shall concurrently subparagraph (B)), by striking ‘‘subpara- tutions to enable such institutions to im- receive funds under other provisions of this graphs (A) through (K)’’ and inserting ‘‘sub- prove and expand their capacity to serve Na- part or part B. paragraphs (A) through (M)’’; and tive Americans. ‘‘(B) EXEMPTION.—Section 313(d) shall not (3) by striking subsection (d) and inserting ‘‘(b) DEFINITIONS.—In this section: apply to institutions that are eligible to re- the following: ‘‘(1) NATIVE AMERICAN.—The term ‘Native ceive funds under this section. ‘‘(d) APPLICATION, PLAN, AND ALLOCATION.— American’ means an individual who is of a ‘‘(C) DISTRIBUTION.—In awarding grants ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eli- tribe, people, or culture that is indigenous to under this section, the Secretary shall, to gible to receive assistance under this sec- the United States. the extent possible and consistent with the tion, a Tribal College or University shall be ‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL competitive process under which such grants an eligible institution under section 312(b). INSTITUTION.—The term ‘Native American- are awarded, ensure maximum and equitable ‘‘(2) APPLICATION.— serving, nontribal institution’ means an in- distribution among all eligible institu- ‘‘(A) IN GENERAL.—A Tribal College or Uni- stitution of higher education that, at the tions.’’. versity desiring to receive assistance under time of application— (b) MINIMUM GRANT AMOUNT.—Section 399 this section shall submit an application to ‘‘(A) has an enrollment of undergraduate (20 U.S.C. 1068h) is amended by adding at the the Secretary at such time, and in such man- students that is not less than 10 percent Na- end the following: ner, as the Secretary may reasonably re- tive American students; and ‘‘(c) MINIMUM GRANT AMOUNT.—The min- quire. ‘‘(B) is not a Tribal College or University imum amount of a grant under this title ‘‘(B) STREAMLINED PROCESS.—The Sec- (as defined in section 316). shall be $200,000.’’. retary shall establish application require- ‘‘(c) AUTHORIZED ACTIVITIES.— SEC. 306. PART B DEFINITIONS. ments in such a manner as to simplify and ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.— Section 322(4) (20 U.S.C. 1061(4)) is amended streamline the process for applying for Grants awarded under this section shall be by inserting ‘‘, in consultation with the grants. used by Native American-serving, nontribal Commissioner for Education Statistics’’ be- ‘‘(3) ALLOCATIONS TO INSTITUTIONS.— institutions to assist such institutions to fore ‘‘and the Commissioner’’. ‘‘(A) CONSTRUCTION GRANTS.— plan, develop, undertake, and carry out ac- SEC. 307. GRANTS TO INSTITUTIONS. ‘‘(i) IN GENERAL.—Of the amount appro- tivities to improve and expand such institu- Section 323(a) (20 U.S.C. 1062(a)) is amend- priated to carry out this section for any fis- tions’ capacity to serve Native Americans. ed— cal year, the Secretary may reserve 30 per- ‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— (1) in the matter preceding paragraph (1), cent for the purpose of awarding 1-year Such programs may include— by striking ‘‘360(a)(2)’’ and inserting grants of not less than $1,000,000 to address ‘‘(A) the purchase, rental, or lease of sci- ‘‘399(a)(2)’’; construction, maintenance, and renovation entific or laboratory equipment for edu- (2) by redesignating paragraphs (7) through needs at eligible institutions. cational purposes, including instructional (12) as paragraphs (8) through (13), respec- ‘‘(ii) PREFERENCE.—In providing grants and research purposes; tively; and under clause (i), the Secretary shall give ‘‘(B) renovation and improvement in class- (3) by inserting after paragraph (6) the fol- preference to eligible institutions that have room, library, laboratory, and other instruc- lowing: not yet received an award under this section. tional facilities; ‘‘(7) Education or counseling services de- ‘‘(B) ALLOTMENT OF REMAINING FUNDS.— ‘‘(C) support of faculty exchanges, and fac- signed to improve the financial literacy and ‘‘(i) IN GENERAL.—Except as provided in ulty development and faculty fellowships to economic literacy of students or the stu- clause (ii), the Secretary shall distribute the assist faculty in attaining advanced degrees dents’ parents.’’. remaining funds appropriated for any fiscal in the faculty’s field of instruction; SEC. 308. ALLOTMENTS TO INSTITUTIONS. year to each eligible institution as follows: ‘‘(D) curriculum development and aca- Section 324 (20 U.S.C. 1063) is amended by ‘‘(I) 60 percent of the remaining appro- demic instruction; adding at the end the following: priated funds shall be distributed among the ‘‘(E) the purchase of library books, periodi- ‘‘(h) SPECIAL RULE ON ELIGIBILITY.—Not- eligible Tribal Colleges and Universities on a cals, microfilm, and other educational mate- withstanding any other provision of this sec- pro rata basis, based on the respective Indian rials; tion, a part B institution shall not receive an student counts (as defined in section 2(a) of ‘‘(F) funds and administrative manage- allotment under this section unless the part the Tribally Controlled College or University ment, and acquisition of equipment for use B institution provides, on an annual basis, Assistance Act of 1978 (25 U.S.C. 1801(a)) of in strengthening funds management; data indicating that the part B institution— the Tribal Colleges and Universities; and ‘‘(G) the joint use of facilities such as lab- ‘‘(1) enrolled Federal Pell Grant recipients ‘‘(II) the remaining 40 percent shall be dis- oratories and libraries; and in the preceding academic year; tributed in equal shares to the eligible Tribal ‘‘(H) academic tutoring and counseling pro- ‘‘(2) in the preceding academic year, has Colleges and Universities. grams and student support services. graduated students from a program of aca- ‘‘(ii) MINIMUM GRANT.—The amount distrib- ‘‘(d) APPLICATION PROCESS.— demic study that is licensed or accredited by uted to a Tribal College or University under ‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native a nationally recognized accrediting agency clause (i) shall not be less than $500,000. American-serving, nontribal institution de- or association recognized by the Secretary ‘‘(4) SPECIAL RULES.— siring to receive assistance under this sec- pursuant to part H of title IV where appro- ‘‘(A) CONCURRENT FUNDING.—For the pur- tion shall submit to the Secretary such en- priate; and poses of this part, no Tribal College or Uni- rollment data as may be necessary to dem- ‘‘(3) where appropriate, has graduated stu- versity that is eligible for and receives funds onstrate that the institution is a Native dents who, within the past 5 years, enrolled under this section shall concurrently receive American-serving, nontribal institution, in graduate or professional school.’’. funds under other provisions of this part or along with such other information and data SEC. 309. PROFESSIONAL OR GRADUATE INSTITU- part B. as the Secretary may by regulation require. TIONS. ‘‘(B) EXEMPTION.—Section 313(d) shall not ‘‘(2) APPLICATIONS.— Section 326 (20 U.S.C. 1063b) is amended— apply to institutions that are eligible to re- ‘‘(A) PERMISSION TO SUBMIT APPLICATIONS.— (1) in subsection (c)— ceive funds under this section.’’. Any institution that is determined by the (A) in paragraph (2), by inserting ‘‘, and for SEC. 304. ALASKA NATIVE AND NATIVE HAWAI- Secretary to be a Native American-serving, the acquisition and development of real IAN-SERVING INSTITUTIONS. nontribal institution may submit an applica- property that is adjacent to the campus for Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is tion for assistance under this section to the such construction, maintenance, renovation, amended— Secretary. or improvement’’ after ‘‘services’’;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.072 S29JYPT1 erowe on PRODPC61 with SENATE S7656 CONGRESSIONAL RECORD — SENATE July 29, 2008 (B) by redesignating paragraphs (5) ‘‘(ii) secures from non-Federal sources, in- may be necessary for fiscal year 2008 and through (7) as paragraphs (7) through (9), re- cluding amounts appropriated by the State each of the 5 succeeding fiscal years. spectively; and amounts from the private sector; and ‘‘(3) PART C.—There are authorized to be (C) by inserting after paragraph (4) the fol- ‘‘(iii) will utilize to match Federal funds appropriated to carry out part C such sums lowing: awarded for the fiscal year for which the de- as may be necessary for fiscal year 2008 and ‘‘(5) tutoring, counseling, and student serv- termination is made under this section to each of the 5 succeeding fiscal years. ice programs designed to improve academic the institution or program. ‘‘(4) PART D.—(A) There are authorized to success; ‘‘(B) The number of students enrolled in be appropriated to carry out part D (other ‘‘(6) education or counseling services de- the qualified graduate programs of the eligi- than section 345(7), but including section 347) signed to improve the financial literacy and ble institution or program, for which the in- such sums as may be necessary for fiscal economic literacy of students or the stu- stitution or program received and allocated year 2008 and each of the 5 succeeding fiscal dents’ parents;’’; funding under this section in the preceding years. ‘‘(B) There are authorized to be appro- (D) in paragraph (7) (as redesignated by year.’’; priated to carry out section 345(7) such sums subparagraph (B)), by striking ‘‘establish or (iii) in subparagraph (C), by striking ‘‘(or as may be necessary for fiscal year 2008 and improve’’ and inserting ‘‘establishing or im- the equivalent) enrolled in the eligible pro- each of the 5 succeeding fiscal years. proving’’; fessional or graduate school’’ and all that follows through the period and inserting ‘‘en- ‘‘(5) PART E.—There are authorized to be (E) in paragraph (8) (as redesignated by appropriated to carry out part E such sums subparagraph (B))— rolled in the qualified programs or institu- tions listed in paragraph (1).’’; as may be necessary for fiscal year 2008 and (i) by striking ‘‘assist’’ and inserting ‘‘as- each of the 5 succeeding fiscal years.’’. sisting’’; and (iv) in subparagraph (D)— (I) by striking ‘‘students’’ and inserting SEC. 312. TECHNICAL CORRECTIONS. (ii) by striking ‘‘and’’ after the semicolon; ‘‘Black American students or minority stu- Title III (20 U.S.C. 1051 et seq.) is further (F) in paragraph (9) (as redesignated by dents’’; and amended— subparagraph (B)), by striking the period and (II) by striking ‘‘institution’’ and inserting (1) in section 342(5)(C) (20 U.S.C. inserting ‘‘; and’’; and ‘‘institution or program’’; and 1066a(5)(C)), by striking ‘‘,,’’ and inserting (G) by adding at the end the following: (v) by striking subparagraph (E) and in- ‘‘,’’; ‘‘(10) other activities proposed in the appli- serting the following: (2) in section 343(e) (20 U.S.C. 1066b(e)), by cation submitted under subsection (d) that— ‘‘(E) The percentage that the total number inserting ‘‘SALE OF QUALIFIED BONDS.—’’ be- ‘‘(A) contribute to carrying out the pur- of Black American students and minority fore ‘‘Notwithstanding’’; poses of this part; and students who receive their first professional, (3) in the matter preceding clause (i) of ‘‘(B) are approved by the Secretary as part master’s, or doctoral degrees from the insti- section 365(9)(A) (20 U.S.C. 1067k(9)(A)), by of the review and acceptance of such applica- tution or program in the academic year pre- striking ‘‘support’’ and inserting ‘‘supports’’; tion.’’; ceding the academic year for which the de- (4) in section 391(b)(7)(E) (20 U.S.C. (2) in subsection (e)— termination is made, represents of the total 1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ (A) in paragraph (1)— number of Black American students and mi- and inserting ‘‘subparagraph (D)’’; (i) by inserting a colon after ‘‘the fol- nority students in the United States who re- (5) in the matter preceding subparagraph lowing’’; ceive their first professional, master’s, or (A) of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), (ii) in subparagraph (Q), by striking ‘‘and’’ doctoral degrees in the professions or dis- by striking ‘‘eligible institutions under part at the end; ciplines related to the course of study at A institutions’’ and inserting ‘‘eligible insti- (iii) in subparagraph (R), by striking the such institution or program, respectively, in tutions under part A’’; and period and inserting a semicolon; and the preceding academic year.’’; and (6) in the matter preceding paragraph (1) of section 396 (20 U.S.C. 1068e), by striking ‘‘360’’ (iv) by adding at the end the following: (4) in subsection (g), by striking ‘‘1998’’ and and inserting ‘‘399’’. ‘‘(S) Alabama State University qualified inserting ‘‘2007’’. graduate program; SEC. 310. AUTHORITY OF THE SECRETARY. TITLE IV—STUDENT ASSISTANCE ‘‘(T) Coppin State University qualified Section 345 (20 U.S.C. 1066d) is amended— PART A—GRANTS TO STUDENTS IN AT- graduate program; (1) in paragraph (6), by striking ‘‘and’’ TENDANCE AT INSTITUTIONS OF HIGH- ‘‘(U) Prairie View A & M University quali- after the semicolon; ER EDUCATION fied graduate program; (2) in paragraph (7), by striking the period SEC. 401. FEDERAL PELL GRANTS. ‘‘(V) Fayetteville State University quali- at the end and inserting ‘‘; and’’; and (a) AMENDMENTS.—Section 401 (20 U.S.C. fied graduate program; (3) by adding at the end the following: 1070a) is amended— ‘‘(W) Delaware State University qualified ‘‘(8) not later than 90 days after the date of (1) in subsection (a)— graduate program; enactment of the Higher Education Amend- (A) in paragraph (1)— ‘‘(X) Langston University qualified grad- ments of 2007, shall submit to the author- (i) in the first sentence, by striking ‘‘2004’’ uate program; izing committees a report on the progress of and inserting ‘‘2013’’; and ‘‘(Y) West Virginia State University quali- the Department in implementing the rec- (ii) in the second sentence, by striking ‘‘,,’’ fied graduate program; ommendations made by the Government Ac- and inserting ‘‘,’’; and ‘‘(Z) Kentucky State University qualified countability Office in October 2006 for im- (B) in paragraph (3), by striking ‘‘this sub- graduate program; and proving the Historically Black College and part’’ and inserting ‘‘this section’’; ‘‘(AA) Grambling State University quali- Universities Capital Financing Program.’’. (2) in subsection (b)— (A) by striking paragraph (2)(A) and insert- fied graduate program.’’; SEC. 311. AUTHORIZATION OF APPROPRIATIONS. ing the following: (B) in paragraph (2)(A)— Subsection (a) of section 399 (20 U.S.C. (i) by inserting ‘‘in law or’’ after ‘‘instruc- ‘‘(2)(A) The amount of the Federal Pell 1068h) is amended to read as follows: Grant for a student eligible under this part tion’’; and ‘‘(a) AUTHORIZATIONS.— (ii) by striking ‘‘mathematics, or’’ and in- shall be— ‘‘(1) PART A.—(A) There are authorized to ‘‘(i) $5,400 for academic year 2008–2009; serting ‘‘mathematics, psychometrics, or’’; be appropriated to carry out part A (other (C) in paragraph (3)— ‘‘(ii) $5,700 for academic year 2009–2010; than sections 316, 317, and 318) such sums as ‘‘(iii) $6,000 for academic year 2010–2011; and (i) by striking ‘‘1998’’ and inserting ‘‘2007’’; may be necessary for fiscal year 2008 and and ‘‘(iv) $6,300 for academic year 2011–2012, each of the 5 succeeding fiscal years. less an amount equal to the amount deter- (ii) by striking ‘‘(Q) and (R)’’ and inserting ‘‘(B) There are authorized to be appro- mined to be the expected family contribu- ‘‘(S), (T), (U), (V), (W), (X), (Y), (Z), and priated to carry out section 316 such sums as tion with respect to that student for that (AA)’’; may be necessary for fiscal year 2008 and year.’’; (3) in subsection (f)— each of the 5 succeeding fiscal years. (B) by striking paragraph (3); (A) in paragraph (1), by striking ‘‘(P)’’ and ‘‘(C) There are authorized to be appro- (C) in paragraph (5), by striking ‘‘$400, ex- inserting ‘‘(R)’’; priated to carry out section 317 such sums as cept’’ and all that follows through the period (B) in paragraph (2), by striking ‘‘(Q) and may be necessary for fiscal year 2008 and and inserting ‘‘10 percent of the maximum (R)’’ and inserting ‘‘(S), (T), (U), (V), (W), each of the 5 succeeding fiscal years. basic grant level specified in the appropriate (X), (Y), (Z), and (AA)’’; and ‘‘(D) There are authorized to be appro- Appropriation Act for such academic year, (C) in paragraph (3)— priated to carry out section 318 such sums as except that a student who is eligible for a (i) in the matter preceding subparagraph may be necessary for fiscal year 2008 and Federal Pell Grant in an amount that is (A), by striking ‘‘(R)’’ and inserting ‘‘(AA)’’; each of the 5 succeeding fiscal years. equal to or greater than 5 percent of such (ii) by striking subparagraphs (A) and (B) ‘‘(2) PART B.—(A) There are authorized to level but less than 10 percent of such level and inserting the following: be appropriated to carry out part B (other shall be awarded a Federal Pell grant in the ‘‘(A) The amount of non-Federal funds for than section 326) such sums as may be nec- amount of 10 percent of such level.’’; and the fiscal year for which the determination essary for fiscal year 2008 and each of the 5 (D) by striking paragraph (6) and inserting is made that the institution or program list- succeeding fiscal years. the following: ed in subsection (e)— ‘‘(B) There are authorized to be appro- ‘‘(6) In the case of a student who is en- ‘‘(i) allocates from institutional resources; priated to carry out section 326 such sums as rolled, on at least a half-time basis and for a

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.072 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7657 period of more than 1 academic year in a sin- (II) in clause (ii)— Pell Grant is reduced under section gle award year in a 2-year or 4-year program (aa) by striking ‘‘academic’’; and 401(b)(2)(B);’’; of instruction for which an institution of (bb) by striking ‘‘or’’ after the semicolon (B) by striking paragraph (2) and inserting higher education awards an associate or bac- at the end; the following: calaureate degree, the Secretary shall award (iii) in subparagraph (C)— ‘‘(2) LIMITATIONS.— such student not more than 2 Federal Pell (I) by striking ‘‘academic’’; ‘‘(A) NO GRANTS FOR PREVIOUS CREDIT.—The Grants during that award year to permit (II) by striking ‘‘four’’ and inserting ‘‘4’’; Secretary may not award a grant under this such student to accelerate the student’s (III) by striking clause (i)(II) and inserting section to any student for any year of a pro- progress toward a degree. In the case of a the following: gram of undergraduate education for which student receiving more than 1 Federal Pell ‘‘(II) a critical foreign language; and’’; and the student received credit before the date of Grant in a single award year, the total (IV) in clause (ii), by striking the period at enactment of the Higher Education Rec- amount of Federal Pell Grants awarded to the end and inserting a semicolon; and onciliation Act of 2005. such student for the award year may exceed (iv) by adding at the end the following: ‘‘(B) NUMBER OF GRANTS.— the maximum basic grant level specified in ‘‘(D) the third or fourth year of a program ‘‘(i) FIRST YEAR.—In the case of a student the appropriate appropriations Act for such of undergraduate education at an institution described in subsection (c)(3)(A), the Sec- award year.’’; and of higher education (as defined in section retary may not award more than 1 grant to (3) in subsection (c), by adding at the end 101(a)) that demonstrates, to the satisfaction such student for such first year of study. the following: ‘‘(ii) SECOND YEAR.—In the case of a stu- ‘‘(5) The period of time during which a stu- of the Secretary, that the institution— dent described in subsection (c)(3)(B), the dent may receive Federal Pell Grants shall ‘‘(i) offers a single liberal arts curriculum Secretary may not award more than 1 grant not exceed 18 semesters, or an equivalent pe- leading to a baccalaureate degree, under to such student for such second year of riod of time as determined by the Secretary which students are not permitted by the in- study. pursuant to regulations, which period shall— stitution to declare a major in a particular ‘‘(iii) THIRD AND FOURTH YEARS.—In the ‘‘(A) be determined without regard to subject area, and those students— case of a student described in subparagraph whether the student is enrolled on a full- ‘‘(I) study, in such years, a subject de- (C) or (D) of subsection (c)(3), the Secretary time basis during any portion of the period scribed in subparagraph (C)(i) that is at least may not award more than 1 grant to such of time; and equal to the requirements for an academic student for each of the third and fourth ‘‘(B) include any period of time for which major at an institution of higher education years of study. the student received a Federal Pell Grant that offers a baccalaureate degree in such ‘‘(iv) FIFTH YEAR.—In the case of a student prior to July 1, 2008.’’. subject, as certified by an appropriate offi- described in subsection (c)(3)(E), the Sec- (b) EFFECTIVE DATE.—The amendments cial from the institution; or made by subsection (a) shall take effect on ‘‘(II) are required, as part of their degree retary may not award more than 1 grant to July 1, 2008. program, to undertake a rigorous course of such student for such fifth year of study.’’; and SEC. 402. ACADEMIC COMPETITIVENESS GRANTS. study in mathematics, biology, chemistry, Section 401A (20 U.S.C. 1070a–1) is amend- and physics, which consists of at least— (C) by adding at the end the following: ed— ‘‘(aa) 4 years of study in mathematics; and ‘‘(3) CALCULATION OF GRANT PAYMENTS.—An (1) by striking subsection (a) and inserting ‘‘(bb) 3 years of study in the sciences, with institution of higher education shall make the following: a laboratory component in each of those payments of a grant awarded under this sec- ‘‘(a) ACADEMIC COMPETITIVENESS GRANT years; and tion in the same manner, using the same PROGRAM AUTHORIZED.—The Secretary shall ‘‘(ii) offered such curriculum prior to Feb- payment periods, as such institution makes award grants, in the amounts specified in ruary 8, 2006; or payments for Federal Pell Grants under sec- subsection (d)(1), to eligible students to as- ‘‘(E) the fifth year of a program of under- tion 401.’’; sist the eligible students in paying their col- graduate education that requires 5 full years (5) by striking subsection (e)(2) and insert- lege education expenses.’’; of coursework for which a baccalaureate de- ing the following: (2) in subsection (b)— gree is awarded by a degree-granting institu- ‘‘(2) AVAILABILITY OF FUNDS.—Funds made (A) in paragraph (1), by striking ‘‘aca- tion of higher education, as certified by the available under paragraph (1) for a fiscal demic’’; and appropriate official of such institution— year shall remain available for the suc- (B) in paragraph (2), by striking ‘‘third or ‘‘(i) is pursuing a major in— ceeding fiscal year.’’; fourth academic’’ and inserting ‘‘third, ‘‘(I) the physical, life, or computer (6) in subsection (f)— fourth, or fifth’’; sciences, mathematics, technology, or engi- (A) by striking ‘‘at least one’’ and insert- (3) in subsection (c)— neering (as determined by the Secretary pur- ing ‘‘not less than 1’’; and (A) in the matter preceding paragraph (1), suant to regulations); or (B) by striking ‘‘subsection (c)(3)(A) and by striking ‘‘full-time’’ and all that follows ‘‘(II) a critical foreign language; and (B)’’ and inserting ‘‘subparagraphs (A) and through ‘‘is made’’ and inserting ‘‘student ‘‘(ii) has obtained a cumulative grade point (B) of subsection (c)(3)’’; and who’’; average of at least 3.0 (or the equivalent, as (7) in subsection (g), by striking ‘‘aca- (B) by striking paragraph (1) and inserting determined under regulations prescribed by demic’’ and inserting ‘‘award’’. the following: the Secretary) in the coursework required SEC. 403. FEDERAL TRIO PROGRAMS. ‘‘(1) is eligible for a Federal Pell Grant for for the major described in clause (i).’’; the award year in which the determination (4) in subsection (d)— (a) PROGRAM AUTHORITY; AUTHORIZATION OF of eligibility is made for a grant under this (A) in paragraph (1)— APPROPRIATIONS.—Section 402A (20 U.S.C. section;’’; (i) in subparagraph (A)— 1070a–11) is amended— (C) by striking paragraph (2) and inserting (I) by striking ‘‘The’’ and inserting ‘‘IN (1) in subsection (b)— the following: GENERAL.—The’’; (A) in paragraph (2)— ‘‘(2) is enrolled or accepted for enrollment (II) in clause (ii), by striking ‘‘or’’ after the (i) in the matter preceding subparagraph in an institution of higher education on not semicolon at the end; (A), by striking ‘‘4’’ and inserting ‘‘5’’; less than a half-time basis; and’’; and (III) in clause (iii), by striking ‘‘subsection (ii) by striking subparagraph (A); and (D) in paragraph (3)— (c)(3)(C).’’ and inserting ‘‘subparagraph (C) or (iii) by redesignating subparagraphs (B) (i) by striking subparagraph (A) and insert- (D) of subsection (c)(3), for each of the 2 and (C) as subparagraphs (A) and (B), respec- ing the following: years described in such subparagraphs; or’’; tively; and ‘‘(A) the first year of a program of under- and (B) by striking paragraph (3) and inserting graduate education at a 2- or 4-year degree- (IV) by adding at the end the following: the following: granting institution of higher education (in- ‘‘(iv) $4,000 for an eligible student under ‘‘(3) MINIMUM GRANTS.—Unless the institu- cluding a program of not less than 1 year for subsection (c)(3)(E).’’; and tion or agency requests a smaller amount, an which the institution awards a certificate), (ii) in subparagraph (B)— individual grant authorized under this chap- has successfully completed, after January 1, (I) by striking ‘‘Notwithstanding’’ and in- ter shall be awarded in an amount that is not 2006, a rigorous secondary school program of serting ‘‘LIMITATION; RATABLE REDUCTION.— less than $200,000, except that an individual study established by a State or local edu- Notwithstanding’’; grant authorized under section 402G shall be cational agency and recognized as such by (II) by redesignating clauses (i), (ii), and awarded in an amount that is not less than the Secretary;’’; (iii), as clauses (ii), (iii), and (iv), respec- $170,000.’’; (ii) in subparagraph (B)— tively; and (2) in subsection (c)— (I) in the matter preceding clause (i), by (III) by inserting before clause (ii), as re- (A) in paragraph (2), by striking ‘‘service striking ‘‘academic’’ and all that follows designated under subclause (II), the fol- delivery’’ and inserting ‘‘high quality service through ‘‘higher education’’ and inserting lowing: delivery, as determined under subsection ‘‘year of a program of undergraduate edu- ‘‘(i) in any case in which a student attends (f),’’; cation at a 2- or 4-year degree-granting insti- an institution of higher education on less (B) in paragraph (3)(B), by striking ‘‘is not tution of higher education (including a pro- than a full-time basis, the amount of the required to’’ and inserting ‘‘shall not’’; and gram of not less than 2 years for which the grant that such student may receive shall be (C) in paragraph (5), by striking ‘‘cam- institution awards a certificate)’’; and reduced in the same manner as a Federal puses’’ and inserting ‘‘different campuses’’;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.073 S29JYPT1 erowe on PRODPC61 with SENATE S7658 CONGRESSIONAL RECORD — SENATE July 29, 2008 (3) in subsection (e), by striking ‘‘(g)(2)’’ ‘‘(iii) the extent to which the entity met or ‘‘(B) while sharing some of the same needs each place the term occurs and inserting exceeded the entity’s objectives regarding as another population that the eligible enti- ‘‘(h)(4)’’; the delivery of service to a total number of ty has applied for a grant under this chapter (4) by redesignating subsections (f) and (g) students, as agreed upon by the entity and to serve, has distinct needs for specialized as subsections (g) and (h), respectively; the Secretary for the period; and services.’’; (5) by inserting after subsection (e) the fol- ‘‘(iv) the extent to which the entity met or (C) in paragraph (5) (as redesignated by lowing: exceeded the entity’s objectives regarding subparagraph (A))— ‘‘(f) OUTCOME CRITERIA.— such students remaining in good academic (i) in subparagraph (A), by striking ‘‘or’’ ‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINA- standing. after the semicolon; TION.—The Secretary shall use the outcome ‘‘(D) For programs authorized under sec- (ii) in subparagraph (B), by striking the pe- criteria described in paragraphs (2) and (3) to tion 402E, the extent to which the entity met riod at the end and inserting ‘‘; or’’; and evaluate the programs provided by a recipi- or exceeded the entity’s objectives for such (iii) by adding at the end the following: ent of a grant under this chapter, and the program regarding— ‘‘(C) was a member of a reserve component Secretary shall determine an eligible enti- ‘‘(i) the delivery of service to a total num- of the Armed Forces called to active duty for ty’s prior experience of high quality service ber of students, as agreed upon by the entity a period of more than 180 days.’’; and delivery, as required under subsection (c)(2), and the Secretary for the period; (D) in paragraph (6), by striking ‘‘subpara- based on the outcome criteria. ‘‘(ii) the provision of appropriate scholarly graph (A) or (B) of paragraph (3)’’ and insert- ‘‘(2) DISAGGREGATION OF RELEVANT DATA.— and research activities for the students ing ‘‘subparagraph (A), (B), or (C) of para- The outcome criteria under this subsection served by the program; graph (5)’’. shall be disaggregated by low-income stu- ‘‘(iii) the acceptance and enrollment of (b) TALENT SEARCH.—Section 402B (20 dents, first generation college students, and such students in graduate programs; and U.S.C. 1070a–12) is amended— individuals with disabilities, in the schools ‘‘(iv) the continued enrollment of such stu- (1) in subsection (a)— and institutions of higher education served dents in graduate study and the attainment (A) in paragraph (1), by striking ‘‘to iden- by the program to be evaluated. of doctoral degrees by former program par- tify qualified youths with potential for edu- ‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The ticipants. cation at the postsecondary level and to en- outcome criteria under this subsection shall ‘‘(E) For programs authorized under sec- courage such youths’’ and inserting ‘‘to en- measure, annually and for longer periods, tion 402F, the extent to which the entity met courage eligible youths’’; the quality and effectiveness of programs au- or exceeded the entity’s objectives for such (B) in paragraph (2), by inserting ‘‘, and fa- thorized under this chapter and shall include program regarding— cilitate the application for,’’ after ‘‘the the following: ‘‘(i) the enrollment of students without a availability of’’; and ‘‘(A) For programs authorized under sec- secondary school diploma or its recognized (C) in paragraph (3), by striking ‘‘, but who tion 402B, the extent to which the eligible equivalent, who were served by the program, have the ability to complete such programs, entity met or exceeded the entity’s objec- in programs leading to such diploma or to reenter’’ and inserting ‘‘to enter or reen- tives established in the entity’s application equivalent; ter, and complete’’; for such program regarding— ‘‘(ii) the enrollment of secondary school (2) by redesignating subsection (c) as sub- ‘‘(i) the delivery of service to a total num- graduates who were served by the program in section (d); ber of students served by the program; programs of postsecondary education; (3) by striking subsection (b) and inserting ‘‘(ii) the continued secondary school en- ‘‘(iii) the delivery of service to a total the following: rollment of such students; number of students, as agreed upon by the ‘‘(b) REQUIRED SERVICES.—Any project as- ‘‘(iii) the graduation of such students from entity and the Secretary for the period; and sisted under this section shall provide— secondary school; ‘‘(iv) the provision of assistance to stu- ‘‘(1) academic tutoring, or connections to ‘‘(iv) the enrollment of such students in an dents served by the program in completing high quality academic tutoring services, to institution of higher education; and financial aid applications and college admis- enable students to complete secondary or ‘‘(v) to the extent practicable, the postsec- sion applications. postsecondary courses, which may include ondary education completion of such stu- ‘‘(4) MEASUREMENT OF PROGRESS.—In order instruction in reading, writing, study skills, dents. to determine the extent to which an outcome mathematics, science, and other subjects; ‘‘(B) For programs authorized under sec- criterion described in paragraphs (2) or (3) is ‘‘(2) advice and assistance in secondary tion 402C, the extent to which the eligible met or exceeded, an eligible entity receiving course selection and, if applicable, initial entity met or exceeded the entity’s objec- assistance under this chapter shall compare postsecondary course selection; tives for such program regarding— the eligible entity’s target for the criterion, ‘‘(3) assistance in preparing for college en- ‘‘(i) the delivery of service to a total num- as established in the eligible entity’s appli- trance examinations and completing college ber of students served by the program, as cation, with the results for the criterion, admission applications; agreed upon by the entity and the Secretary measured as of the last day of the applicable ‘‘(4)(A) information on both the full range for the period; time period for the determination.’’; of Federal student financial aid programs ‘‘(ii) such students’ school performance, as (6) in subsection (g) (as redesignated by (including Federal Pell Grant awards and measured by the grade point average, or its paragraph (4))— loan forgiveness) and resources for locating equivalent; (A) in the first sentence, by striking public and private scholarships; and ‘‘(iii) such students’ academic perform- ‘‘$700,000,000 for fiscal year 1999’’ and all that ‘‘(B) assistance in completing financial aid ance, as measured by standardized tests, in- follows through the period and inserting applications, including the Free Application cluding tests required by the students’ State; ‘‘such sums as may be necessary for fiscal for Federal Student Aid described in section ‘‘(iv) the retention in, and graduation year 2008 and each of the 5 succeeding fiscal 483(a); from, secondary school of such students; and years.’’; and ‘‘(5) guidance on and assistance in— ‘‘(v) the enrollment of such students in an (B) by striking the fourth sentence; and ‘‘(A) secondary school reentry; institution of higher education. (7) in subsection (h) (as redesignated by ‘‘(B) alternative education programs for ‘‘(C) For programs authorized under sec- paragraph (4))— secondary school dropouts that lead to the tion 402D— (A) by redesignating paragraphs (1) receipt of a regular secondary school di- ‘‘(i) the extent to which the eligible entity through (4) as paragraphs (3) through (6), re- ploma; met or exceeded the entity’s objectives re- spectively; ‘‘(C) entry into general educational devel- garding the retention in postsecondary edu- (B) by inserting before paragraph (3) (as re- opment (GED) programs; or cation of the students served by the pro- designated by subparagraph (A)) the fol- ‘‘(D) postsecondary education; and gram; lowing: ‘‘(6) education or counseling services de- ‘‘(ii)(I) in the case of an entity that is an ‘‘(1) DIFFERENT CAMPUS.—The term ‘dif- signed to improve the financial literacy and institution of higher education offering a ferent campus’ means a site of an institution economic literacy of students or the stu- baccalaureate degree, the extent to which of higher education that— dents’ parents, including financial planning the entity met or exceeded the entity’s ob- ‘‘(A) is geographically apart from the main for postsecondary education. jectives regarding such students’ completion campus of the institution; ‘‘(c) PERMISSIBLE SERVICES.—Any project of the degree programs in which such stu- ‘‘(B) is permanent in nature; and assisted under this section may provide serv- dents were enrolled; or ‘‘(C) offers courses in educational programs ices such as— ‘‘(II) in the case of an entity that is an in- leading to a degree, certificate, or other rec- ‘‘(1) personal and career counseling or ac- stitution of higher education that does not ognized educational credential. tivities; offer a baccalaureate degree, the extent to ‘‘(2) DIFFERENT POPULATION.—The term ‘‘(2) information and activities designed to which the entity met or exceeded the enti- ‘different population’ means a group of indi- acquaint youths with the range of career op- ty’s objectives regarding— viduals, with respect to whom an eligible en- tions available to the youths; ‘‘(aa) the completion of a degree or certifi- tity desires to serve through an application ‘‘(3) exposure to the campuses of institu- cate by such students; and for a grant under this chapter, that— tions of higher education, as well as cultural ‘‘(bb) the transfer of such students to insti- ‘‘(A) is separate and distinct from any events, academic programs, and other sites tutions of higher education that offer bacca- other population that the entity has applied or activities not usually available to dis- laureate degrees; for a grant under this chapter to serve; or advantaged youth;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.073 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7659 ‘‘(4) workshops and counseling for families of higher education, students, or any com- (C) by adding at the end the following: of students served; bination of such persons; ‘‘(4) to improve the financial literacy and ‘‘(5) mentoring programs involving elemen- ‘‘(5) work-study positions where youth par- economic literacy of students, including— tary or secondary school teachers or coun- ticipating in the project are exposed to ca- ‘‘(A) basic personal income, household selors, faculty members at institutions of reers requiring a postsecondary degree; money management, and financial planning higher education, students, or any combina- ‘‘(6) special services to enable veterans to skills; and tion of such persons; and make the transition to postsecondary edu- ‘‘(B) basic economic decisionmaking ‘‘(6) programs and activities as described in cation; and skills.’’; subsection (b) or paragraphs (1) through (5) ‘‘(7) programs and activities as described in (2) by redesignating subsections (c) and (d) of this subsection that are specially designed subsection (b), subsection (c), or paragraphs as subsections (d) and (e); for students who are limited English pro- (1) through (6) of this subsection that are (3) by striking subsection (b) and inserting ficient, students with disabilities, students specially designed for students who are lim- the following: who are homeless children and youths (as ited English proficient, students with dis- such term is defined in section 725 of the abilities, students who are homeless children ‘‘(b) REQUIRED SERVICES.—A project as- McKinney-Vento Homeless Assistance Act and youths (as such term is defined in sec- sisted under this section shall provide— (42 U.S.C. 11434a)), or students who are in fos- tion 725 of the McKinney-Vento Homeless ‘‘(1) academic tutoring to enable students ter care or are aging out of the foster care Assistance Act (42 U.S.C. 11434a)), or stu- to complete postsecondary courses, which system.’’; and dents who are in foster care or are aging out may include instruction in reading, writing, (4) in the matter preceding paragraph (1) of of the foster care system. study skills, mathematics, science, and other subsection (d) (as redesignated by paragraph ‘‘(e) PRIORITY.—In providing assistance subjects; (2)), by striking ‘‘talent search projects under this section the Secretary— ‘‘(2) advice and assistance in postsecondary under this chapter’’ and inserting ‘‘projects ‘‘(1) shall give priority to projects assisted course selection; under this section’’. under this section that select not less than ‘‘(3)(A) information on both the full range (c) UPWARD BOUND.—Section 402C (20 U.S.C. 30 percent of all first-time participants in of Federal student financial aid programs 1070a–13) is amended— the projects from students who have a high (including Federal Pell Grant awards and (1) by striking subsection (b) and inserting academic risk for failure; and loan forgiveness) and resources for locating the following: ‘‘(2) shall not deny participation in a public and private scholarships; and ‘‘(b) REQUIRED SERVICES.—Any project as- project assisted under this section to a stu- ‘‘(B) assistance in completing financial aid sisted under this section shall provide— dent because the student will enter the applications, including the Free Application ‘‘(1) academic tutoring to enable students project after the 9th grade.’’; for Federal Student Aid described in section to complete secondary or postsecondary (5) in the matter preceding paragraph (1) of 483(a); courses, which may include instruction in subsection (f) (as redesignated by paragraph ‘‘(4) education or counseling services de- reading, writing, study skills, mathematics, (3)), by striking ‘‘upward bound projects signed to improve the financial literacy and science, and other subjects; under this chapter’’ and inserting ‘‘projects economic literacy of students, including fi- ‘‘(2) advice and assistance in secondary and under this section’’; and nancial planning for postsecondary edu- postsecondary course selection; (6) in subsection (g) (as redesignated by cation; ‘‘(3) assistance in preparing for college en- paragraph (3))— ‘‘(5) activities designed to assist students trance examinations and completing college (A) by striking ‘‘during June, July, and participating in the project in securing col- admission applications; August’’ each place the term occurs and in- lege admission and financial assistance for ‘‘(4)(A) information on both the full range serting ‘‘during the summer school recess, enrollment in graduate and professional pro- of Federal student financial aid programs for a period not to exceed 3 months’’; and grams; and (including Federal Pell Grant awards and (B) by striking ‘‘(b)(10)’’ and inserting ‘‘(6) activities designed to assist students loan forgiveness) and resources for locating ‘‘(d)(5)’’. enrolled in 2-year institutions of higher edu- public and private scholarships; and (7) by adding at the end the following: cation in securing admission and financial ‘‘(B) assistance in completing financial aid ‘‘(h) ADDITIONAL FUNDS.— assistance for enrollment in a 4-year pro- applications, including the Free Application ‘‘(1) AUTHORIZATION.—There are authorized gram of postsecondary education. for Federal Student Aid described in section to be appropriated for the upward bound pro- 483(a); gram under this chapter, in addition to any ‘‘(c) PERMISSIBLE SERVICES.—A project as- ‘‘(5) guidance on and assistance in— amounts appropriated under section 402A(g), sisted under this section may provide serv- ‘‘(A) secondary school reentry; $57,000,000 for each of the fiscal years 2008 ices such as— ‘‘(B) alternative education programs for through 2011 for the Secretary to carry out ‘‘(1) consistent, individualized personal, ca- secondary school dropouts that lead to the paragraph (2), except that any amounts that reer, and academic counseling, provided by receipt of a regular secondary school di- remain unexpended for such purpose for each assigned counselors; ploma; of such fiscal years may be available for ‘‘(2) information, activities, and instruc- ‘‘(C) entry into general educational devel- technical assistance and administration tion designed to acquaint youths partici- opment (GED) programs; or costs for the upward bound program under pating in the project with the range of career ‘‘(D) postsecondary education; and this chapter. options available to the students; ‘‘(6) education or counseling services de- ‘‘(2) USE OF FUNDS.— ‘‘(3) exposure to cultural events and aca- signed to improve the financial literacy and ‘‘(A) IN GENERAL.—The amounts made demic programs not usually available to dis- economic literacy of students or the stu- available by paragraph (1) for a fiscal year advantaged students; dents’ parents, including financial planning shall be available to provide assistance to ‘‘(4) activities designed to acquaint stu- for postsecondary education.’’; applicants for an upward bound project dents participating in the project with the (2) in subsection (c)— under this chapter for such fiscal year that— range of career options available to the stu- (A) in the subsection heading, by striking ‘‘(i) did not apply for assistance, or applied dents; ‘‘REQUIRED SERVICES’’ and inserting ‘‘ADDI- but did not receive assistance, under this ‘‘(5) mentoring programs involving faculty TIONAL REQUIRED SERVICES FOR MULTIPLE- section in fiscal year 2007; and or upper class students, or a combination YEAR GRANT RECIPIENTS’’; and ‘‘(ii) receive a grant score above 70 on the thereof; (B) by striking ‘‘upward bound project as- applicant’s application. ‘‘(6) securing temporary housing during sisted under this chapter’’ and inserting ‘‘(B) 4-YEAR GRANTS.—The assistance de- breaks in the academic year for students ‘‘project assisted under this section’’; scribed in subparagraph (A) shall be made who are homeless children and youths (as (3) by redesignating subsections (d) and (e) available in the form of 4-year grants.’’. such term is defined in section 725 of the as subsections (f) and (g), respectively; (d) STUDENT SUPPORT SERVICES.—Section McKinney-Vento Homeless Assistance Act (4) by inserting after subsection (c) the fol- 402D (20 U.S.C. 1070a–14) is amended— (42 U.S.C. 11434a)) or were formerly homeless lowing: (1) in subsection (a)— children and youths and students who are in ‘‘(d) PERMISSIBLE SERVICES.—Any project (A) in paragraph (2), by striking ‘‘and’’ foster care or are aging out of the foster care assisted under this section may provide such after the semicolon; system; and services as— (B) by striking paragraph (3) and inserting ‘‘(7) programs and activities as described in ‘‘(1) exposure to cultural events, academic the following: subsection (b) or paragraphs (1) through (5) programs, and other activities not usually ‘‘(3) to foster an institutional climate sup- of this subsection that are specially designed available to disadvantaged youth; portive of the success of low-income and first for students who are limited English pro- ‘‘(2) information, activities and instruction generation college students, students with ficient, students with disabilities, students designed to acquaint youths participating in disabilities, students who are limited who are homeless children and youths (as the project with the range of career options English proficient, students who are home- such term is defined in section 725 of the available to the youths; less children and youths (as such term is de- McKinney-Vento Homeless Assistance Act ‘‘(3) on-campus residential programs; fined in section 725 of the McKinney-Vento (42 U.S.C. 11434a)) or were formerly homeless ‘‘(4) mentoring programs involving elemen- Homeless Assistance Act (42 U.S.C. 11434a)), children and youths, or students who are in tary school or secondary school teachers or and students who are in foster care or are foster care or are aging out of the foster care counselors, faculty members at institutions aging out of the foster care system.’’; and system.’’;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.073 S29JYPT1 erowe on PRODPC61 with SENATE S7660 CONGRESSIONAL RECORD — SENATE July 29, 2008 (4) in subsection (d)(1) (as redesignated by ‘‘(7) individualized personal, career, and paragraph (B). The practices may be used by paragraph (2)), by striking ‘‘subsection (b)’’ academic counseling;’’; and eligible entities that receive assistance and inserting ‘‘subsection (c)’’; and (D) by striking paragraph (11) (as redesig- under this chapter after the dissemination. (5) in the matter preceding paragraph (1) of nated by subparagraph (A)) and inserting the ‘‘(3) RECRUITMENT.—The Secretary shall subsection (e) (as redesignated by paragraph following: not require an eligible entity desiring to re- (2)), by striking ‘‘student support services ‘‘(11) programs and activities as described ceive assistance under this chapter to recruit projects under this chapter’’ and inserting in paragraphs (1) through (10) that are spe- students to serve as a control group for pur- ‘‘projects under this section’’. cially designed for students who are limited poses of evaluating any program or project (e) POSTBACCALAUREATE ACHIEVEMENT PRO- English proficient, students with disabil- assisted under this chapter.’’. GRAM AUTHORITY.—Section 402E (20 U.S.C. ities, or students who are homeless children (i) ADDITIONAL AMENDMENT TO 1070a–15) is amended— and youths (as such term is defined in sec- POSTBACCALAUREATE ACHIEVEMENT PRO- (1) in subsection (b)— tion 725 of the McKinney-Vento Homeless GRAM.—Section 402E(d)(2) (as redesignated by (A) in the subsection heading, by inserting Assistance Act (42 U.S.C. 11434a)), or pro- subsection (e)(2)) (20 U.S.C. 1070a–15(d)(2)) is ‘‘REQUIRED’’ before ‘‘SERVICES’’; grams and activities for students who are in further amended by inserting ‘‘, including (B) in the matter preceding paragraph (1), foster care or are aging out of the foster care Native Hawaiians, as defined in section 7207 by striking ‘‘A postbaccalaureate achieve- system.’’. of the Elementary and Secondary Education ment project assisted under this section may (g) STAFF DEVELOPMENT ACTIVITIES.—Sec- Act of 1965, and Pacific Islanders’’ after provide services such as—’’ and inserting ‘‘A tion 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is ‘‘graduate education’’. project assisted under this section shall pro- amended by inserting ‘‘, including strategies SEC. 404. GAINING EARLY AWARENESS AND vide—’’; for recruiting and serving students who are READINESS FOR UNDERGRADUATE (C) in paragraph (5), by inserting ‘‘and’’ homeless children and youths (as such term PROGRAMS. after the semicolon; is defined in section 725 of the McKinney- (a) EARLY INTERVENTION AND COLLEGE (D) in paragraph (6), by striking the semi- Vento Homeless Assistance Act (42 U.S.C. AWARENESS PROGRAM AUTHORIZED.—Section colon and inserting a period; and 11434a)) and students who are in foster care 404A (20 U.S.C. 1070a–21) is amended— (E) by striking paragraphs (7) and (8); or are aging out of the foster care system’’ (1) by striking subsection (a) and inserting (2) by redesignating subsections (c) before the period at the end. the following: through (f) as subsections (d) through (g), re- (h) REPORTS, EVALUATIONS, AND GRANTS ‘‘(a) PROGRAM AUTHORIZED.—The Secretary spectively; FOR PROJECT IMPROVEMENT AND DISSEMINA- is authorized, in accordance with the re- (3) by inserting after subsection (b) the fol- TION.—Section 402H (20 U.S.C. 1070a–18) is quirements of this chapter, to establish a lowing: amended— program that encourages eligible entities to ‘‘(c) PERMISSIBLE SERVICES.—A project as- (1) by striking the section heading and in- provide support to eligible low-income stu- sisted under this section may provide serv- serting ‘‘REPORTS, EVALUATIONS, AND dents to assist the students in obtaining a ices such as— GRANTS FOR PROJECT IMPROVEMENT secondary school diploma (or its recognized ‘‘(1) education or counseling services de- AND DISSEMINATION.’’; equivalent) and to prepare for and succeed in signed to improve the financial literacy and (2) by redesignating subsections (a) postsecondary education, by providing— economic literacy of students, including fi- through (c) as subsections (b) through (d), re- ‘‘(1) financial assistance, academic sup- nancial planning for postsecondary edu- spectively; port, additional counseling, mentoring, out- cation; (3) by inserting before subsection (b) (as re- reach, and supportive services to middle ‘‘(2) mentoring programs involving faculty designated by paragraph (2)) the following: school and secondary school students to re- members at institutions of higher education, ‘‘(a) REPORTS TO THE AUTHORIZING COMMIT- duce— students, or any combination of such per- TEES.—The Secretary shall submit annually, ‘‘(A) the risk of such students dropping out sons; and to the authorizing committees, a report that of school; or ‘‘(3) exposure to cultural events and aca- documents the performance of all programs ‘‘(B) the need for remedial education for demic programs not usually available to dis- funded under this chapter. The report shall— such students at the postsecondary level; advantaged students.’’; ‘‘(1) be submitted not later than 24 months and (4) in the matter preceding paragraph (1) of after the eligible entities receiving funds ‘‘(2) information to students and their par- subsection (d) (as redesignated by paragraph under this chapter are required to report ents about the advantages of obtaining a (2)), by striking ‘‘postbaccalaureate achieve- their performance to the Secretary; postsecondary education and the college fi- ment’’; ‘‘(2) focus on the programs’ performance on nancing options for the students and their (5) in the matter preceding paragraph (1) of the relevant outcome criteria determined parents.’’; subsection (f) (as redesignated by paragraph under section 402A(f)(4); (2) by striking subsection (b)(2)(A) and in- (2)), by striking ‘‘postbaccalaureate achieve- ‘‘(3) aggregate individual project perform- serting the following: ment project’’ and inserting ‘‘project under ance data on the outcome criteria in order to ‘‘(A) give priority to eligible entities that this section’’; and provide national performance data for each have a prior, demonstrated commitment to (6) in subsection (g) (as redesignated by program; early intervention leading to college access paragraph (2))— ‘‘(4) include, when appropriate, descriptive through collaboration and replication of suc- (A) by striking ‘‘402A(f)’’ and inserting data, multi-year data, and multi-cohort cessful strategies;’’; and ‘‘402A(g)’’; and data; and (3) in subsection (b), by adding at the end (B) by striking ‘‘1993 through 1997’’ and in- ‘‘(5) include comparable data on the per- the following: serting ‘‘2007 through 2012’’. formance nationally of low-income students, ‘‘(3) CARRY OVER.—An eligible entity that (f) EDUCATIONAL OPPORTUNITY CENTERS.— first-generation students, and students with receives a grant under this chapter may Section 402F (20 U.S.C. 1070a–16) is amend- disabilities.’’; and carry over any unspent grant funds from the ed— (4) in subsection (b) (as redesignated by final year of the grant period into the fol- (1) in subsection (a)— paragraph (2)), by striking paragraph (2) and lowing year.’’; (A) in paragraph (1), by striking ‘‘and’’ inserting the following: (4) by striking subsection (c)(2) and insert- after the semicolon; ‘‘(2) PRACTICES.— ing the following: (B) in paragraph (2), by striking the period ‘‘(A) IN GENERAL.—The evaluations de- ‘‘(2) a partnership— at the end and inserting ‘‘; and’’; and scribed in paragraph (1) shall identify insti- ‘‘(A) consisting of— (C) by adding at the end the following: tutional, community, and program or project ‘‘(i) 1 or more local educational agencies; ‘‘(3) to improve the financial literacy and practices that are particularly effective in— and economic literacy of students, including— ‘‘(i) enhancing the access of low-income in- ‘‘(ii) 1 or more degree granting institutions ‘‘(A) basic personal income, household dividuals and first-generation college stu- of higher education; and money management, and financial planning dents to postsecondary education; ‘‘(B) which may include not less than 2 skills; and ‘‘(ii) the preparation of the individuals and other community organizations or entities, ‘‘(B) basic economic decisionmaking students for postsecondary education; and such as businesses, professional organiza- skills.’’; and ‘‘(iii) fostering the success of the individ- tions, State agencies, institutions or agen- (2) in subsection (b)— uals and students in postsecondary edu- cies sponsoring programs authorized under (A) by redesignating paragraphs (5) cation. subpart 4, or other public or private agencies through (10) as paragraphs (6) through (11), ‘‘(B) PRIMARY PURPOSE.—Any evaluation or organizations.’’. respectively; conducted under this chapter shall have as (b) REQUIREMENTS.—Section 404B (20 U.S.C. (B) by inserting after paragraph (4) the fol- its primary purpose the identification of par- 1070a–22) is amended— lowing: ticular practices that further the achieve- (1) by striking subsection (a) and inserting ‘‘(5) education or counseling services de- ment of the outcome criteria determined the following: — signed to improve the financial literacy and under section 402A(f)(4). ‘‘(a) FUNDING RULES.— economic literacy of students;’’; ‘‘(C) DISSEMINATION AND USE OF EVALUATION ‘‘(1) DISTRIBUTION.—In awarding grants (C) by striking paragraph (7) (as redesig- FINDINGS.—The Secretary shall disseminate from the amount appropriated under section nated by subparagraph (A)) and inserting the to eligible entities and make available to the 404G for a fiscal year, the Secretary shall following: public the practices identified under sub- take into consideration—

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.074 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7661 ‘‘(A) the geographic distribution of such (4) in subsection (c)(1), by striking ‘‘paid to ‘‘(D) developing graduation and career awards; and students from State, local, institutional, or plans. ‘‘(B) the distribution of such awards be- private funds under this chapter’’ and insert- ‘‘(6) Providing support for scholarships de- tween urban and rural applicants. ing ‘‘obligated to students from State, local, scribed in section 404E. ‘‘(2) SPECIAL RULE.—The Secretary shall institutional, or private funds under this ‘‘(7) Introducing eligible students to insti- annually reevaluate the distribution of funds chapter, including pre-existing non-Federal tutions of higher education, through trips described in paragraph (1) based on number, financial assistance programs,’’; and school-based sessions. quality, and promise of the applications.’’; (5) in subsection (c)(1), by striking the ‘‘(8) Providing an intensive extended school (2) by striking subsections (b), (e), and (f); semicolon at the end and inserting ‘‘includ- day, school year, or summer program that (3) by redesignating subsections (c), (d), ing— offers— and (g) as subsections (b), (c), and (d), respec- ‘‘(A) the amount contributed to a student ‘‘(A) additional academic classes; or tively; and scholarship fund established under section ‘‘(B) assistance with college admission ap- (4) by adding at the end the following: 404E; and plications. ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant ‘‘(B) the amount of the costs of admin- ‘‘(9) Providing other activities designed to funds awarded under this chapter shall be istering the scholarship program under sec- ensure secondary school completion and used to supplement, and not supplant, other tion 404E;’’. postsecondary education enrollment of at- Federal, State, and local funds that would (6) in subsection (c)— risk children, such as— otherwise be expended to carry out activities (A) in paragraph (2), by striking ‘‘and’’ ‘‘(A) the identification of at-risk children; assisted under this chapter.’’. after the semicolon; ‘‘(B) after-school and summer tutoring; (c) APPLICATION.—Section 404C (20 U.S.C. (B) in paragraph (3), by striking the period ‘‘(C) assistance to at-risk children in ob- 1070a–23) is amended— at the end and inserting ‘‘; and’’; and taining summer jobs; (1) in the section heading, by striking ‘‘EL- (C) by adding at the end the following: ‘‘(D) academic counseling; IGIBLE ENTITY PLANS’’ and inserting ‘‘AP- ‘‘(4) other resources recognized by the Sec- ‘‘(E) volunteer and parent involvement; PLICATIONS’’; retary, including equipment and supplies, ‘‘(F) encouraging former or current partici- (2) in subsection (a)— (A) in the subsection heading, by striking cash contributions from non-Federal sources, pants of a program under this chapter to transportation expenses, in-kind or dis- serve as peer counselors; ‘‘PLAN’’ and inserting ‘‘APPLICATION’’; (B) in paragraph (1)— counted program services, indirect costs, and ‘‘(G) skills assessments; (i) by striking ‘‘a plan’’ and inserting ‘‘an facility usage.’’. ‘‘(H) personal counseling; application’’; and (d) ACTIVITIES.—Section 404D (20 U.S.C. ‘‘(I) family counseling and home visits; (ii) by striking the second sentence; and 1070a–24) is amended to read as follows: ‘‘(J) staff development; and (C) by striking paragraph (2) and inserting ‘‘SEC. 404D. ACTIVITIES. ‘‘(K) programs and activities described in the following: ‘‘(a) REQUIRED ACTIVITIES.—Each eligible this subsection that are specially designed ‘‘(2) CONTENTS.—Each application sub- entity receiving a grant under this chapter for students who are limited English pro- mitted pursuant to paragraph (1) shall be in shall carry out the following: ficient. such form, contain or be accompanied by ‘‘(1) Provide information regarding finan- ‘‘(10) Enabling eligible students to enroll in such information or assurances, and be sub- cial aid for postsecondary education to par- Advanced Placement or International Bacca- mitted at such time as the Secretary may re- ticipating students in the cohort described in laureate courses, or college entrance exam- quire. Each such application shall, at a min- subsection 404B(d)(1)(A). ination preparation courses. imum— ‘‘(2) Encourage student enrollment in rig- ‘‘(11) Providing services to eligible stu- ‘‘(A) describe the activities for which as- orous and challenging curricula and dents in the participating cohort described sistance under this chapter is sought, includ- coursework, in order to reduce the need for in section 404B(d)(1)(A), through the first ing how the eligible entity will carry out the remedial coursework at the postsecondary year of attendance at an institution of high- required activities described in section level. er education. 404D(a); ‘‘(3) Support activities designed to improve ‘‘(12) Fostering and improving parent and ‘‘(B) describe how the eligible agency will the number of participating students who— family involvement in elementary and sec- meet the requirements of section 404E; ‘‘(A) obtain a secondary school diploma; ondary education by promoting the advan- ‘‘(C) provide assurances that adequate ad- and tages of a college education, and empha- ministrative and support staff will be respon- ‘‘(B) complete applications for and enroll sizing academic admission requirements and sible for coordinating the activities de- in a program of postsecondary education. the need to take college preparation courses, scribed in section 404D; ‘‘(4) In the case of an eligible entity de- through parent engagement and leadership ‘‘(D) ensure that activities assisted under scribed in section 404A(c)(1), provide for the activities. this chapter will not displace an employee or scholarships described in section 404E. ‘‘(13) Disseminating information that pro- eliminate a position at a school assisted ‘‘(b) OPTIONAL ACTIVITIES FOR STATES AND motes the importance of higher education, under this chapter, including a partial dis- PARTNERSHIPS.—An eligible entity that re- explains college preparation and admissions placement such as a reduction in hours, ceives a grant under this chapter may use requirements, and raises awareness of the re- wages or employment benefits; grant funds to carry out 1 or more of the fol- sources and services provided by the eligible ‘‘(E) describe, in the case of an eligible en- lowing activities: entities to eligible students, their families, tity described in section 404A(c)(2), how the ‘‘(1) Providing tutoring and supporting and communities. eligible entity will define the cohorts of the mentors, including adults or former partici- ‘‘(c) ADDITIONAL OPTIONAL ACTIVITIES FOR students served by the eligible entity pursu- pants of a program under this chapter, for el- STATES.—In addition to the required activi- ant to section 404B(d), and how the eligible igible students. ties described in subsection (a) and the op- entity will serve the cohorts through grade ‘‘(2) Conducting outreach activities to re- tional activities described in subsection (b), 12, including— cruit priority students described in sub- an eligible entity described in section ‘‘(i) how vacancies in the program under section (d) to participate in program activi- 404A(c)(1) receiving funds under this chapter this chapter will be filled; and ties. may use grant funds to carry out 1 or more ‘‘(ii) how the eligible entity will serve stu- ‘‘(3) Providing supportive services to eligi- of the following activities: dents attending different secondary schools; ble students. ‘‘(1) Providing technical assistance to— ‘‘(F) describe how the eligible entity will ‘‘(4) Supporting the development or imple- ‘‘(A) middle schools or secondary schools coordinate programs with other existing mentation of rigorous academic curricula, that are located within the State; or Federal, State, or local programs to avoid which may include college preparatory, Ad- ‘‘(B) partnerships described in section duplication and maximize the number of stu- vanced Placement, or International Bacca- 404A(c)(2) that are located within the State. dents served; laureate programs, and providing partici- ‘‘(2) Providing professional development ‘‘(G) provide such additional assurances as pating students access to rigorous core opportunities to individuals working with el- the Secretary determines necessary to en- courses that reflect challenging State aca- igible cohorts of students described in sec- sure compliance with the requirements of demic standards. tion 404B(d)(1)(A). this chapter; and ‘‘(5) Supporting dual or concurrent enroll- ‘‘(3) Providing strategies and activities ‘‘(H) provide information about the activi- ment programs between the secondary that align efforts in the State to prepare eli- ties that will be carried out by the eligible school and institution of higher education gible students for attending and succeeding entity to support systemic changes from partners of an eligible entity described in in postsecondary education, which may in- which future cohorts of students will ben- section 404A(c)(2), and other activities that clude the development of graduation and ca- efit.’’; support participating students in— reer plans. (3) in the matter preceding subparagraph ‘‘(A) meeting challenging academic stand- ‘‘(4) Disseminating information on the use (A) of subsection (b)(1)— ards; of scientifically based research and best (A) by striking ‘‘a plan’’ and inserting ‘‘an ‘‘(B) successfully applying for postsec- practices to improve services for eligible stu- application’’; and ondary education; dents. (B) by striking ‘‘such plan’’ and inserting ‘‘(C) successfully applying for student fi- ‘‘(5)(A) Disseminating information on ef- ‘‘such application’’; and nancial aid; and fective coursework and support services that

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.074 S29JYPT1 erowe on PRODPC61 with SENATE S7662 CONGRESSIONAL RECORD — SENATE July 29, 2008 assist students in obtaining the goals de- tion and describes such means in the applica- (2) by redesignating sections 404G and 404H scribed in subparagraph (B)(ii). tion submitted under section 404C. as sections 404F and 404G, respectively. ‘‘(B) Identifying and disseminating infor- ‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each el- (g) AUTHORIZATION OF APPROPRIATIONS.— mation on best practices with respect to— igible entity providing scholarships under Section 404G (as redesignated by subsection ‘‘(i) increasing parental involvement; and this section shall provide information on the (f)) (20 U.S.C. 1070a–28) is amended by strik- ‘‘(ii) preparing students, including students eligibility requirements for the scholarships ing ‘‘$200,000,000 for fiscal year 1999’’ and all with disabilities and students who are lim- to all participating students upon the stu- that follows through the period and inserting ited English proficient, to succeed academi- dents’ entry into the programs assisted ‘‘such sums as may be necessary for fiscal cally in, and prepare financially for, postsec- under this chapter.’’; year 2008 and each of the 5 succeeding fiscal ondary education. (4) in subsection (d) (as redesignated by years.’’. ‘‘(6) Working to align State academic paragraph (2)), by striking ‘‘the lesser of’’ (h) CONFORMING AMENDMENTS.—Chapter 2 standards and curricula with the expecta- and all that follows through the period at of subpart 2 of part A of title IV (20 U.S.C. tions of postsecondary institutions and em- the end of paragraph (2) and inserting ‘‘the 1070a–21 et seq.) is further amended— ployers. minimum Federal Pell Grant award under (1) in section 404A(b)(1), by striking ‘‘404H’’ ‘‘(7) Developing alternatives to traditional section 401 for such award year.’’; and inserting ‘‘404G’’; secondary school that give students a head (5) by inserting after subsection (d) (as re- (2) in section 404B(a)(1), by striking ‘‘404H’’ start on attaining a recognized postsec- designated by paragraph (2) and amended by and inserting ‘‘404G’’; and ondary credential (including an industry cer- paragraph (4)) the following: (3) in section 404F(c) (as redesignated by ‘‘(e) PORTABILITY OF ASSISTANCE.— tificate, an apprenticeship, or an associate’s subsection (f)(2)), by striking ‘‘404H’’ and in- ‘‘(1) IN GENERAL.—Each eligible entity de- or a bachelor’s degree), including school de- serting ‘‘404G’’. scribed in section 404A(c)(1) that receives a signs that give students early exposure to SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE grant under this chapter shall create or or- college-level courses and experiences and SCHOLARSHIPS. ganize a trust for each cohort described in allow students to earn transferable college Chapter 3 of subpart 2 of part A of title IV section 404B(d)(1)(A) for which the grant is credits or an associate’s degree at the same (20 U.S.C. 1070a–31 et seq.) is repealed. sought in the application submitted by the SEC. 406. FEDERAL SUPPLEMENTAL EDU- time as a secondary school diploma. entity, which trust shall be an amount that ‘‘(8) Creating community college programs CATIONAL OPPORTUNITY GRANTS. is not less than the minimum scholarship (a) APPROPRIATIONS AUTHORIZED.—Section for drop-outs that are personalized drop-out amount described in subsection (d), multi- recovery programs that allow drop-outs to 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended plied by the number of students partici- by striking ‘‘$675,000,000 for fiscal year 1999’’ complete a regular secondary school diploma pating in the cohort. and begin college-level work. and all that follows through the period and ‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds ‘‘(d) PRIORITY STUDENTS.—For eligible enti- inserting ‘‘such sums as may be necessary contributed to the trust for a cohort shall be ties not using a cohort approach, the eligible for fiscal year 2008 and each of the 5 suc- entity shall treat as priority students any available to a student in the cohort when the ceeding fiscal years.’’. student in middle or secondary school who is student has— (b) ALLOCATION OF FUNDS.— eligible— ‘‘(A) completed a secondary school di- (1) ALLOCATION OF FUNDS.—Section 413D (20 ‘‘(1) to be counted under section 1124(c) of ploma, its recognized equivalent, or other U.S.C. 1070b–3) is amended— the Elementary and Secondary Education recognized alternative standard for individ- (A) by striking subsection (a)(4); and Act of 1965; uals with disabilities; and (B) in subsection (c)(3)(D), by striking ‘‘(2) for free or reduced price meals under ‘‘(B) enrolled in an institution of higher ‘‘$450’’ and inserting ‘‘$600’’. the Richard B. Russell National School education. (2) TECHNICAL CORRECTION.—Section Lunch Act; ‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.— 413D(a)(1) (20 U.S.C. 1070b–3(a)(1)) is amended ‘‘(3) for assistance under a State program Funds available to an eligible student from a by striking ‘‘such institution’’ and all that funded under part A or E of title IV of the trust may be used for— follows through the period and inserting Social Security Act (42 U.S.C. 601 et seq., 670 ‘‘(A) tuition, fees, books, supplies, and ‘‘such institution received under subsections et seq.); or equipment required for the enrollment or at- (a) and (b) of this section for fiscal year 1999 ‘‘(4) for assistance under subtitle B of title tendance of the eligible student at an insti- (as such subsections were in effect with re- VII of the McKinney-Vento Homeless Assist- tution of higher education; and spect to allocations for such fiscal year).’’. ance Act (42 U.S.C. 11431 et seq.). ‘‘(B) in the case of an eligible student with SEC. 407. LEVERAGING EDUCATIONAL ASSIST- ‘‘(e) ALLOWABLE PROVIDERS.—In the case of special needs, expenses for special needs ANCE PARTNERSHIP PROGRAM. eligible entities described in section services which are incurred in connection (a) APPROPRIATIONS AUTHORIZED.—Section 404A(c)(1), the activities required by this sec- with such enrollment or attendance. 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to tion may be provided by service providers ‘‘(4) RETURN OF FUNDS.— read as follows: such as community-based organizations, ‘‘(A) REDISTRIBUTION.— ‘‘(1) IN GENERAL.—There are authorized to schools, institutions of higher education, ‘‘(i) IN GENERAL.—Trust funds that are not be appropriated to carry out this subpart public and private agencies, nonprofit and used by an eligible student within 6 years of such sums as may be necessary for fiscal philanthropic organizations, businesses, in- the student’s scheduled completion of sec- year 2008 and each of the 5 succeeding fiscal stitutions and agencies sponsoring programs ondary school may be redistributed by the years.’’. authorized under subpart 4, and other orga- eligible entity to other eligible students. (b) APPLICATIONS.—Section 415C(b) (20 nizations the State determines appro- ‘‘(ii) RETURN OF EXCESS TO THE SEC- U.S.C. 1070c–2(b)) is amended— priate.’’. RETARY.—If, after meeting the requirements (1) in the matter preceding subparagraph (e) SCHOLARSHIP COMPONENT.—Section 404E of paragraph (1) and, if applicable, redistrib- (A) of paragraph (2), by striking ‘‘not in ex- (20 U.S.C. 1070a–25) is amended— uting excess funds in accordance with clause cess of $5,000 per academic year’’ and insert- (1) by striking subsections (e) and (f); (i), an eligible entity has funds remaining, ing ‘‘not to exceed the lesser of $12,500 or the (2) by redesignating subsections (b), (c), the eligible entity shall return excess funds student’s cost of attendance per academic and (d) as subsections (d), (f), and (g), respec- to the Secretary for distribution to other year’’; and tively; grantees under this chapter. (2) by striking paragraph (10) and inserting (3) by inserting after subsection (a) the fol- ‘‘(B) NONPARTICIPATING ENTITY.—Notwith- the following: lowing: standing subparagraph (A), in the case of an ‘‘(10) provides notification to eligible stu- ‘‘(b) LIMITATION.— eligible entity described in section dents that such grants are— ‘‘(1) IN GENERAL.—Subject to paragraph (2), 404A(c)(1)(A) that does not receive assistance ‘‘(A) Leveraging Educational Assistance each eligible entity described in section under this subpart for 6 fiscal years, the eli- Partnership grants; and 404A(c)(1) that receives a grant under this gible entity shall return any trust funds not ‘‘(B) funded by the Federal Government, chapter shall use not less than 25 percent and awarded or obligated to eligible students to the State, and other contributing partners.’’. not more than 50 percent of the grant funds the Secretary for distribution to other (c) GRANTS FOR ACCESS AND PERSISTENCE.— for activities described in section 404D (ex- grantees under this chapter.’’; and Section 415E (20 U.S.C. 1070c–3a) is amended cept for the activity described in subsection (6) in subsection (g) (as redesignated by to read as follows: (a)(4) of such section), with the remainder of paragraph (2))— ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSIST- such funds to be used for a scholarship pro- (A) in paragraph (2), by striking ‘‘1993’’ and ENCE. gram under this section in accordance with inserting ‘‘2001’’; and ‘‘(a) PURPOSE.—It is the purpose of this such subsection. (B) in paragraph (4), by striking ‘‘early section to expand college access and increase ‘‘(2) EXCEPTION.—Notwithstanding para- intervention component required under sec- college persistence by making allotments to graph (1), the Secretary may allow an eligi- tion 404D’’ and inserting ‘‘activities required States to enable the States to— ble entity to use more than 50 percent of under section 404D(a)’’. ‘‘(1) expand and enhance partnerships with grant funds received under this chapter for (f) REPEAL OF 21ST CENTURY SCHOLAR CER- institutions of higher education, early infor- such activities, if the eligible entity dem- TIFICATES.—Chapter 2 of subpart 2 of part A mation and intervention, mentoring, or out- onstrates that the eligible entity has an- of title IV (20 U.S.C. 1070a–21 et seq.) is fur- reach programs, private corporations, phil- other means of providing the students with ther amended— anthropic organizations, and other inter- the financial assistance described in this sec- (1) by striking section 404F; and ested parties in order to—

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.074 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7663 ‘‘(A) carry out activities under this sec- transportation passes, and that helps a stu- ‘‘(ii) private corporation located in, or that tion; and dent meet the cost of attendance. does business in, the State. ‘‘(B) provide coordination and cohesion ‘‘(iii) EFFECT ON NEED ANALYSIS.—For the ‘‘(4) ROLES OF PARTNERS.— among Federal, State, and local govern- purpose of calculating a student’s need in ac- ‘‘(A) STATE AGENCY.—A State agency that mental and private efforts that provide fi- cordance with part F of this title, an in-kind is in a partnership receiving an allotment nancial assistance to help low-income stu- contribution described in clause (ii) shall not under this section— dents attend an institution of higher edu- be considered an asset or income. ‘‘(i) shall— cation; ‘‘(c) APPLICATION FOR ALLOTMENT.— ‘‘(I) serve as the primary administrative ‘‘(2) provide need-based grants for access ‘‘(1) IN GENERAL.— unit for the partnership; and persistence to eligible low-income stu- ‘‘(A) SUBMISSION.—A State that desires to ‘‘(II) provide or coordinate non-Federal dents; receive an allotment under this section on share funds, and coordinate activities among ‘‘(3) provide early notification to low-in- behalf of a partnership described in para- partners; come students of the students’ eligibility for graph (3) shall submit an application to the ‘‘(III) encourage each institution of higher financial aid; and Secretary at such time, in such manner, and education in the State to participate in the ‘‘(4) encourage increased participation in containing such information as the Sec- partnership; early information and intervention, men- retary may require. ‘‘(IV) make determinations and early noti- fications of assistance as described under toring, or outreach programs. ‘‘(B) CONTENT.—An application submitted subsection (d)(2); and ‘‘(b) ALLOTMENTS TO STATES.— under subparagraph (A) shall include the fol- ‘‘(V) annually report to the Secretary on ‘‘(1) IN GENERAL.— lowing: the partnership’s progress in meeting the ‘‘(A) AUTHORIZATION.—From sums reserved ‘‘(i) A description of the State’s plan for purpose of this section; and under section 415A(b)(2) for each fiscal year, using the allotted funds. ‘‘(ii) may provide early information and the Secretary shall make an allotment to ‘‘(ii) Assurances that the State will provide intervention, mentoring, or outreach pro- each State that submits an application for the non-Federal share from State, institu- grams. an allotment in accordance with subsection tional, philanthropic, or private funds, of not ‘‘(B) DEGREE GRANTING INSTITUTIONS OF (c) to enable the State to pay the Federal less than the required share of the cost of HIGHER EDUCATION.—A degree granting insti- share, as described in paragraph (2), of the carrying out the activities under subsection tution of higher education that is in a part- cost of carrying out the activities under sub- (d), as determined under subsection (b), in nership receiving an allotment under this section (d). accordance with the following: section— ‘‘(B) DETERMINATION OF ALLOTMENT.—In ‘‘(I) The State shall specify the methods by ‘‘(i) shall— making allotments under subparagraph (A), which non-Federal share funds will be paid, ‘‘(I) recruit and admit participating quali- the Secretary shall consider the following: and include provisions designed to ensure fied students and provide such additional in- ‘‘(i) CONTINUATION OF AWARD.—If a State that funds provided under this section will stitutional grant aid to participating stu- continues to meet the specifications estab- be used to supplement, and not supplant, dents as agreed to with the State agency; lished in such State’s application under sub- Federal and non-Federal funds available for ‘‘(II) provide support services to students section (c), the Secretary shall make an al- carrying out the activities under this title. who receive grants for access and persistence lotment to such State that is not less than ‘‘(II) A State that uses non-Federal funds under this section and are enrolled at such the allotment made to such State for the to create or expand existing partnerships institution; and previous fiscal year. with nonprofit organizations or community- ‘‘(III) assist the State in the identification ‘‘(ii) PRIORITY.—The Secretary shall give based organizations in which such organiza- of eligible students and the dissemination of priority in making allotments to States that tions match State funds for student scholar- early notifications of assistance as agreed to meet the requirements described in para- ships, may apply such matching funds from with the State agency; and graph (2)(A)(ii). such organizations toward fulfilling the ‘‘(ii) may provide funding for early infor- ‘‘(2) FEDERAL SHARE.— State’s non-Federal share obligation under mation and intervention, mentoring, or out- ‘‘(A) IN GENERAL.—The Federal share under this clause. reach programs or provide such services di- this section shall be determined in accord- ‘‘(iii) Assurances that early information rectly. ance with the following: and intervention, mentoring, or outreach ‘‘(C) PROGRAMS.—An early information and ‘‘(i) If a State applies for an allotment programs exist within the State or that intervention, mentoring, or outreach pro- under this section in partnership with— there is a plan to make such programs wide- gram that is in a partnership receiving an al- ‘‘(I) any number of degree granting institu- ly available. lotment under this section shall provide di- tions of higher education in the State whose ‘‘(iv) A description of the organizational rect services, support, and information to combined full-time enrollment represents structure that the State has in place to ad- participating students. less than a majority of all students attend- minister the activities under subsection (d), ‘‘(D) PHILANTHROPIC ORGANIZATION OR PRI- ing institutions of higher education in the including a description of the system the VATE CORPORATION.—A philanthropic organi- State; and State will use to track the participation of zation or private corporation that is in a ‘‘(II)(aa) philanthropic organizations that students who receive grants under this sec- partnership receiving an allotment under are located in, or that provide funding in, tion to degree completion. this section shall provide funds for grants for the State; or ‘‘(v) Assurances that the State has a meth- access and persistence for participating stu- ‘‘(bb) private corporations that are located od in place, such as acceptance of the auto- dents, or provide funds or support for early in, or that do business in, the State, matic zero expected family contribution de- information and intervention, mentoring, or then the Federal share of the cost of car- termination described in section 479, to iden- outreach programs. rying out the activities under subsection (d) tify eligible low-income students and award ‘‘(d) AUTHORIZED ACTIVITIES.— shall be equal to 50 percent. State grant aid to such students. ‘‘(1) IN GENERAL.— ‘‘(ii) If a State applies for an allotment ‘‘(vi) Assurances that the State will pro- ‘‘(A) ESTABLISHMENT OF PARTNERSHIP.— under this section in partnership with— vide notification to eligible low-income stu- Each State receiving an allotment under this ‘‘(I) any number of degree granting institu- dents that grants under this section are— section shall use the funds to establish a tions of higher education in the State whose ‘‘(I) Leveraging Educational Assistance partnership to award grants for access and combined full-time enrollment represents a Partnership Grants; and persistence to eligible low-income students majority of all students attending institu- ‘‘(II) funded by the Federal Government, in order to increase the amount of financial tions of higher education in the State; and the State, and other contributing partners. assistance such students receive under this ‘‘(II)(aa) philanthropic organizations that ‘‘(2) STATE AGENCY.—The State agency that subpart for undergraduate education ex- are located in, or that provide funding in, submits an application for a State under sec- penses. the State; or tion 415C(a) shall be the same State agency ‘‘(B) AMOUNT OF GRANTS.— ‘‘(bb) private corporations that are located that submits an application under paragraph ‘‘(i) PARTNERSHIPS WITH INSTITUTIONS SERV- in, or that do business in, the State, (1) for such State. ING LESS THAN A MAJORITY OF STUDENTS IN then the Federal share of the cost of car- ‘‘(3) PARTNERSHIP.—In applying for an al- THE STATE.— rying out the activities under subsection (d) lotment under this section, the State agency ‘‘(I) IN GENERAL.—In the case where a State shall be equal to 57 percent. shall apply for the allotment in partnership receiving an allotment under this section is ‘‘(B) NON-FEDERAL SHARE.— with— in a partnership described in subsection ‘‘(i) IN GENERAL.—The non-Federal share ‘‘(A) not less than 1 public and 1 private de- (b)(2)(A)(i), the amount of a grant for access under this section may be provided in cash gree granting institution of higher education and persistence awarded to a student by such or in kind, fully evaluated and in accordance that are located in the State, if applicable; State shall be not less than the amount that with this subparagraph. ‘‘(B) new or existing early information and is equal to the average undergraduate tui- ‘‘(ii) IN KIND CONTRIBUTION.—For the pur- intervention, mentoring, or outreach pro- tion and mandatory fees at 4-year public in- pose of calculating the non-Federal share grams located in the State; and stitutions of higher education in the State under this section, an in kind contribution is ‘‘(C) not less than 1— where the student resides (less any amounts a non-cash award that has monetary value, ‘‘(i) philanthropic organization located in, of other Federal or State sponsored grants, such as provision of room and board and or that provides funding in, the State; or work study, and scholarships received by the

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.074 S29JYPT1 erowe on PRODPC61 with SENATE S7664 CONGRESSIONAL RECORD — SENATE July 29, 2008 student), and such grant for access and per- ‘‘(V) an explanation that in order to be eli- this title, including pursuant to section sistence shall be used toward the cost of at- gible for a grant for access and persistence, 484(c), and remains financially eligible as de- tendance at an institution of higher edu- at a minimum, a student shall— termined by the State, except that the State cation located in the State. ‘‘(aa) meet the requirement under para- may impose reasonable time limits to degree ‘‘(II) COST OF ATTENDANCE.—A State that graph (3); completion. has a program, apart from the partnership ‘‘(bb) graduate from secondary school; and ‘‘(e) USE OF FUNDS FOR ADMINISTRATIVE under this section, of providing eligible low- ‘‘(cc) enroll at an institution of higher edu- COSTS PROHIBITED.—A State that receives an income students with grants that are equal cation that is a partner in the partnership or allotment under this section shall not use to the average undergraduate tuition and qualifies under subsection (d)(1)(C)(ii); any of the allotted funds to pay administra- mandatory fees at 4-year public institutions ‘‘(VI) information on any additional re- tive costs associated with any of the author- of higher education in the State, may in- quirements (such as a student pledge detail- ized activities described in subsection (d). crease the amount of grants for access and ing student responsibilities) that the State ‘‘(f) STATUTORY AND REGULATORY RELIEF FOR INSTITUTIONS OF HIGHER EDUCATION.— persistence awarded to students by such may impose for receipt of a grant for access The Secretary may grant, upon the request State up to an amount that is equal to the and persistence under this section; and of an institution of higher education that is average cost of attendance at 4-year public ‘‘(VII) instructions on how to apply for a in a partnership described in subsection institutions of higher education in the State grant for access and persistence and an ex- planation that a student is required to file a (b)(2)(A)(ii) and that receives an allotment (less any amounts of other Federal or State under this section, a waiver for such institu- sponsored grants, work study, and scholar- Free Application for Federal Student Aid au- thorized under section 483(a) to be eligible tion from statutory or regulatory require- ships received by the student). for such grant and assistance from other ments that inhibit the ability of the institu- ‘‘(ii) PARTNERSHIPS WITH INSTITUTIONS Federal and State financial aid programs; tion to successfully and efficiently partici- SERVING THE MAJORITY OF STUDENTS IN THE and pate in the activities of the partnership. STATE.—In the case where a State receiving ‘‘(ii) may include a disclaimer that grant ‘‘(g) APPLICABILITY RULE.—The provisions an allotment under this section is in a part- awards for access and persistence are contin- of this subpart which are not inconsistent nership described in subsection (b)(2)(A)(ii), gent upon— with this section shall apply to the program the amount of a grant for access and persist- ‘‘(I) a determination of the student’s finan- authorized by this section. ence awarded to a student by such State cial eligibility at the time of the student’s ‘‘(h) MAINTENANCE OF EFFORT REQUIRE- shall be not more than an amount that is enrollment at an institution of higher edu- MENT.—Each State receiving an allotment equal to the average cost of attendance at 4- cation that is a partner in the partnership or under this section for a fiscal year shall pro- year public institutions of higher education qualifies under subsection (d)(1)(C)(ii); vide the Secretary with an assurance that in the State where the student resides (less ‘‘(II) annual Federal and State appropria- the aggregate amount expended per student any amounts of other Federal or State spon- tions; and or the aggregate expenditures by the State, sored grants, work study, and scholarships ‘‘(III) other aid received by the student at from funds derived from non-Federal received by the student), and such grant for the time of the student’s enrollment at such sources, for the authorized activities de- access and persistence shall be used by the institution of higher education. scribed in subsection (d) for the preceding student to attend an institution of higher ‘‘(3) ELIGIBILITY.—In determining which fiscal year were not less than the amount ex- education located in the State. students are eligible to receive grants for ac- pended per student or the aggregate expendi- ‘‘(C) SPECIAL RULES.— cess and persistence, the State shall ensure ture by the State for the activities for the ‘‘(i) PARTNERSHIP INSTITUTIONS.—A State that each such student meets not less than 1 second preceding fiscal year. receiving an allotment under this section of the following: ‘‘(i) SPECIAL RULE.—Notwithstanding sub- may restrict the use of grants for access and ‘‘(A) Meets not less than 2 of the following section (h), for purposes of determining a persistence under this section by awarding criteria, with priority given to students State’s share of the cost of the authorized the grants only to students attending insti- meeting all of the following criteria: activities described in subsection (d), the tutions of higher education that are partici- ‘‘(i) Has an expected family contribution State shall consider only those expenditures pating in the partnership. equal to zero (as described in section 479) or from non-Federal sources that exceed the ‘‘(ii) OUT-OF-STATE INSTITUTIONS.—If a a comparable alternative based upon the State’s total expenditures for need-based State provides grants through another pro- State’s approved criteria in section grants, scholarships, and work-study assist- gram under this subpart to students attend- 415C(b)(4). ance for fiscal year 1999 (including any such ing institutions of higher education located ‘‘(ii) Has qualified for a free lunch, or at assistance provided under this subpart). ‘‘(j) CONTINUATION AND TRANSITION.—For in another State, such agreement may also the State’s discretion a reduced price lunch, the 2-year period that begins on the date of apply to grants awarded under this section. under the school lunch program established enactment of the Higher Education Amend- ‘‘(2) EARLY NOTIFICATION.— under the Richard B. Russell National ments of 2007, the Secretary shall continue ‘‘(A) IN GENERAL.—Each State receiving an School Lunch Act. to award grants under section 415E of the allotment under this section shall annually ‘‘(iii) Qualifies for the State’s maximum Higher Education Act of 1965 as such section notify low-income students, such as students undergraduate award, as authorized under existed on the day before the date of enact- who are eligible to receive a free lunch under section 415C(b). ment of such Act to States that choose to the school lunch program established under ‘‘(iv) Is participating in, or has partici- apply for grants under such predecessor sec- the Richard B. Russell National School pated in, a Federal, State, institutional, or tion. Lunch Act, in grade 7 through grade 12 in the community early information and interven- ‘‘(k) REPORTS.—Not later than 3 years after State, of the students’ potential eligibility tion, mentoring, or outreach program, as the date of enactment of the Higher Edu- for student financial assistance, including a recognized by the State agency admin- cation Amendments of 2007 and annually grant for access and persistence, to attend istering activities under this section. thereafter, the Secretary shall submit a re- an institution of higher education. ‘‘(B) Is receiving, or has received, a grant port describing the activities and the impact ‘‘(B) CONTENT OF NOTICE.—The notification for access and persistence under this section, of the partnerships under this section to the under subparagraph (A)— in accordance with paragraph (5). authorizing committees.’’. ‘‘(i) shall include— ‘‘(4) GRANT AWARD.—Once a student, in- SEC. 408. SPECIAL PROGRAMS FOR STUDENTS ‘‘(I) information about early information cluding those students who have received WHOSE FAMILIES ARE ENGAGED IN and intervention, mentoring, or outreach early notification under paragraph (2) from MIGRANT AND SEASONAL FARM- programs available to the student; the State, applies for admission to an insti- WORK. ‘‘(II) information that a student’s eligi- tution that is a partner in the partnership, Section 418A (20 U.S.C. 1070d–2) is amend- bility for a grant for access and persistence files a Free Application for Federal Student ed— is enhanced through participation in an Aid and any related existing State form, and (1) in subsection (b)— early information and intervention, men- is determined eligible by the State under (A) in paragraph (1)(B)(i), by striking ‘‘par- toring, or outreach program; paragraph (3), the State shall— ents’’ and inserting ‘‘immediate family’’; ‘‘(III) an explanation that student and fam- ‘‘(A) issue the student a preliminary award (B) in paragraph (3)(B), by inserting ‘‘(in- ily eligibility for, and participation in, other certificate for a grant for access and persist- cluding preparation for college entrance ex- Federal means-tested programs may indicate ence with tentative award amounts; and aminations)’’ after ‘‘college program’’; eligibility for a grant for access and persist- ‘‘(B) inform the student that payment of (C) in paragraph (5), by striking ‘‘weekly’’; ence and other student aid programs; the grant for access and persistence award (D) in paragraph (7), by striking ‘‘and’’ ‘‘(IV) a nonbinding estimate of the total amounts is subject to certification of enroll- after the semicolon; amount of financial aid that a low-income ment and award eligibility by the institution (E) in paragraph (8)— student with a similar income level may ex- of higher education. (i) by inserting ‘‘(such as transportation pect to receive, including an estimate of the ‘‘(5) DURATION OF AWARD.—An eligible stu- and child care)’’ after ‘‘services’’; and amount of a grant for access and persistence dent that receives a grant for access and per- (ii) by striking the period at the end and and an estimate of the amount of grants, sistence under this section shall receive such inserting ‘‘; and’’; and loans, and all other available types of aid grant award for each year of such student’s (F) by adding at the end the following: from the major Federal and State financial undergraduate education in which the stu- ‘‘(9) other activities to improve persistence aid programs; dent remains eligible for assistance under and retention in postsecondary education.’’;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.074 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7665 (2) in subsection (c)— through the period and inserting ‘‘such sums ‘‘(III) receipt of student status information (A) in paragraph (1)— as may be necessary for fiscal year 2008 and received by the lender that the borrower is (i) in subparagraph (A), by striking ‘‘par- each of the 5 succeeding fiscal years.’’. enrolled on at least a half-time basis; or ents’’ and inserting ‘‘immediate family’’; and SEC. 409. ROBERT C. BYRD HONORS SCHOLAR- ‘‘(IV) the lender’s confirmation of the bor- (ii) in subparagraph (B)— SHIP PROGRAM. rower’s half-time enrollment status through (I) in the matter preceding clause (i), by in- (a) ELIGIBILITY OF SCHOLARS.—Section use of the National Student Loan Data Sys- serting ‘‘to improve placement, persistence, 419F(a) (20 U.S.C. 1070d–36(a)) is amended by tem, if the confirmation is requested by the and retention in postsecondary education,’’ inserting ‘‘(or a home school, whether treat- institution of higher education.’’; and after ‘‘services’’; and ed as a home school or a private school under (II) in clause (ii), by striking the period at (II) in clause (i), by striking ‘‘and career’’ State law)’’ after ‘‘public or private sec- the end and inserting ‘‘; and’’; and and inserting ‘‘career, and economic edu- ondary school’’. (iii) by adding at the end the following: cation or personal finance’’; ‘‘(Z) provides that the lender shall, at the (b) AUTHORIZATION OF APPROPRIATIONS.— (iii) in subparagraph (E), by striking ‘‘and’’ Section 419K (20 U.S.C. 1070d–41) is amended time the lender grants a deferment to a bor- after the semicolon; by striking ‘‘$45,000,000 for fiscal year 1999’’ rower who received a loan under section 428H (iv) by redesignating subparagraph (F) as and all that follows through the period and and is eligible for a deferment under section subparagraph (G); inserting ‘‘such sums as may be necessary 428(b)(1)(M), provide information to the bor- (v) by inserting after subparagraph (E) the for fiscal year 2008 and each of the 5 suc- rower to enable the borrower to understand following: the impact of capitalization of interest on ceeding fiscal years.’’. ‘‘(F) internships; and’’; and the borrower’s loan principal and total (vi) in subparagraph (G) (as redesignated SEC. 410. CHILD CARE ACCESS MEANS PARENTS amount of interest to be paid during the life by clause (iv)), by striking ‘‘support serv- IN SCHOOL. of the loan.’’; ices’’ and inserting ‘‘essential supportive (a) MINIMUM GRANT.—Section 419N(b)(2)(B) (B) in paragraph (2)(F)— services (such as transportation and child (20 U.S.C. 1070e(b)(2)(B)) is amended— (i) in clause (i)— care)’’ ; and (1) by striking ‘‘A grant’’ and inserting the (I) in subclause (III), by striking ‘‘and’’ (B) in paragraph (2)— following: after the semicolon; (i) in subparagraph (A), by striking ‘‘and’’ ‘‘(i) IN GENERAL.—Except as provided in (II) in subclause (IV), by striking ‘‘and’’ after the semicolon; clause (ii), a grant’’; and after the semicolon; and (ii) in subparagraph (B), by striking the pe- (2) by adding at the end the following: (III) by adding at the end the following: riod at the end and inserting ‘‘, and coordi- ‘‘(ii) INCREASE TRIGGER.—For any fiscal ‘‘(V) the effective date of the transfer; nating such services, assistance, and aid year for which the amount appropriated ‘‘(VI) the date the current servicer will with other non-program services, assistance, under the authority of subsection (g) is equal stop accepting payments; and and aid, including services, assistance, and to or greater than $20,000,000, a grant under ‘‘(VII) the date at which the new servicer aid provided by community-based organiza- this section shall be awarded in an amount will begin accepting payments.’’; and tions, which may include mentoring and that is not less than $30,000.’’. (C) by striking paragraph (3) and inserting guidance; and’’; and (b) DEFINITION OF LOW-INCOME STUDENT.— the following: (iii) by adding at the end the following: Paragraph (7) of section 419N(b) (20 U.S.C. ‘‘(3) RESTRICTIONS ON INDUCEMENTS, PAY- ‘‘(C) for students attending 2-year institu- 1070e(b)) is amended to read as follows: MENTS, MAILINGS, AND ADVERTISING.—A guar- tions of higher education, encouraging the ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.— anty agency shall not— students to transfer to 4-year institutions of For the purpose of this section, the term ‘‘(A) offer, directly or indirectly, pre- higher education, where appropriate, and ‘low-income student’ means a student who— miums, payments, stock or other securities, monitoring the rate of transfer of such stu- ‘‘(A) is eligible to receive a Federal Pell prizes, travel, entertainment expenses, tui- dents.’’; Grant for the award year for which the deter- tion repayment, or other inducements to— (3) in subsection (e), by striking ‘‘section mination is made; or ‘‘(i) any institution of higher education or 402A(c)(1)’’ and inserting ‘‘section ‘‘(B) would otherwise be eligible to receive the employees of an institution of higher 402A(c)(2)’’; a Federal Pell Grant for the award year for education in order to secure applicants for (4) in subsection (f)— which the determination is made, except loans made under this part; or (A) in paragraph (1), by striking ‘‘$150,000’’ that the student fails to meet the require- ‘‘(ii) any lender, or any agent, employee, or and inserting ‘‘$180,000’’; and ments of— independent contractor of any lender or (B) in paragraph (2), by striking ‘‘$150,000’’ ‘‘(i) section 401(c)(1) because the student is guaranty agency, in order to administer or and inserting ‘‘$180,000’’; enrolled in a graduate or first professional market loans made under this part (other (5) by redesignating subsections (g) and (h) course of study; or than a loan made under section 428H or a as subsections (h) and (i), respectively; ‘‘(ii) section 484(a)(5) because the student is loan made as part of the guaranty agency’s (6) by inserting after subsection (f) the fol- in the United States for a temporary pur- lender-of-last-resort program pursuant to lowing: pose.’’. section 439(q)) for the purpose of securing the ‘‘(g) RESERVATION OF FUNDS.—From the (c) AUTHORIZATION OF APPROPRIATIONS.— designation of the guaranty agency as the amounts made available under subsection (i), Section 419N(g) (20 U.S.C. 1070e(g)) is amend- insurer of such loans; the Secretary may reserve not more than a ed by striking ‘‘$45,000,000 for fiscal year ‘‘(B) conduct unsolicited mailings, by post- total of 1⁄2 of 1 percent for outreach activi- 1999’’ and all that follows through the period al or electronic means, of educational loan ties, technical assistance, and professional and inserting ‘‘such sums as may be nec- application forms to students enrolled in development programs relating to the pro- essary for fiscal year 2008 and each of the 5 secondary school or postsecondary edu- grams under subsection (a).’’; succeeding fiscal years.’’. cational institutions, or to the parents of such students, except that applications may (7) by striking subsection (h) (as redesig- SEC. 411. LEARNING ANYTIME ANYWHERE PART- nated by paragraph (5)) and inserting the fol- NERSHIPS. be mailed, by postal or electronic means, to students or borrowers who have previously lowing: Subpart 8 of part A of title IV (20 U.S.C. received loans guaranteed under this part by ‘‘(h) DATA COLLECTION.—The Commissioner 1070f et seq.) is repealed. for Education Statistics shall— the guaranty agency; ‘‘(1) annually collect data on persons re- PART B—FEDERAL FAMILY EDUCATION ‘‘(C) perform, for an institution of higher ceiving services authorized under this sub- LOAN PROGRAM education participating in a program under part regarding such persons’ rates of sec- SEC. 421. FEDERAL PAYMENTS TO REDUCE STU- this title, any function that the institution ondary school graduation, entrance into DENT INTEREST COSTS. is required to perform under part B, D, or G; postsecondary education, and completion of Section 428 (as amended by this Act) (20 ‘‘(D) pay, on behalf of the institution of postsecondary education; U.S.C. 1078) is further amended— higher education, another person to perform ‘‘(2) not less often than once every 2 years, (1) in subsection (b)— any function that the institution of higher prepare and submit a report based on the (A) in paragraph (1)— education is required to perform under part most recently available data under para- (i) in subparagraph (X), by striking ‘‘and’’ B, D, or G; or graph (1) to the authorizing committees; and after the semicolon; ‘‘(E) conduct fraudulent or misleading ad- ‘‘(3) make such report available to the pub- (ii) in subparagraph (Y)— vertising concerning loan availability, lic.’’; and (I) by striking clause (i) and inserting the terms, or conditions. (8) in subsection (i) (as redesignated by following: It shall not be a violation of this paragraph paragraph (5))— ‘‘(i) the lender shall determine the eligi- for a guaranty agency to provide technical (A) in paragraph (1), by striking bility of a borrower for a deferment de- assistance to institutions of higher edu- ‘‘$15,000,000 for fiscal year 1999’’ and all that scribed in subparagraph (M)(i) based on— cation comparable to the technical assist- follows through the period and inserting ‘‘(I) receipt of a request for deferment from ance provided to institutions of higher edu- ‘‘such sums as may be necessary for fiscal the borrower and documentation of the bor- cation by the Department.’’; and year 2008 and each of the 5 succeeding fiscal rower’s eligibility for the deferment; (2) in subsection (c)— years.’’; and ‘‘(II) receipt of a newly completed loan ap- (A) in paragraph (2)(H)(i), by striking (B) in paragraph (2), by striking ‘‘$5,000,000 plication that documents the borrower’s eli- ‘‘preclaims’’ and inserting ‘‘default aver- for fiscal year 1999’’ and all that follows gibility for a deferment; sion’’; and

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.074 S29JYPT1 erowe on PRODPC61 with SENATE S7666 CONGRESSIONAL RECORD — SENATE July 29, 2008 (B) in paragraph (3)(D)— rower’s student loan repayments are deferred (G) by adding at the end the following: (i) in clause (i), by striking ‘‘and’’ after the under section 464(c)(2); and ‘‘(6) any other information required to be comma at the end; ‘‘(II) the borrower will no longer be eligible reported by Federal law.’’. (ii) in clause (ii), by striking the period and for cancellation of part or all of a Federal SEC. 425. COMMON FORMS AND FORMATS. inserting a semicolon; and Perkins loan under section 465(a); Section 432(m)(1)(D)(i) (20 U.S.C. (iii) by inserting after clause (ii) the fol- ‘‘(iv) the ability of the borrower to prepay 1082(m)(1)(D)(i)) is amended by adding at the lowing: the consolidation loan, pay such loan on a end the following: ‘‘Unless otherwise notified ‘‘(iii) the lender shall, at the time of grant- shorter schedule, and to change repayment by the Secretary, each institution of higher ing a borrower forbearance, provide informa- plans; education that participates in the program tion to the borrower to enable the borrower ‘‘(v) that borrower benefit programs for a under this part or part D may use a master to understand the impact of capitalization of consolidation loan may vary among different promissory note for loans under this part interest on the borrower’s loan principal and lenders; and part D.’’. total amount of interest to be paid during ‘‘(vi) the consequences of default on the the life of the loan; and consolidation loan; and SEC. 426. STUDENT LOAN INFORMATION BY ELI- GIBLE LENDERS. ‘‘(iv) the lender shall contact the borrower ‘‘(vii) that by applying for a consolidation not less often than once every 180 days dur- loan, the borrower is not obligated to agree Section 433 (20 U.S.C. 1083) is amended by ing the period of forbearance to inform the to take the consolidation loan; and’’. adding at the end the following: ‘‘(f) BORROWER INFORMATION AND PRI- borrower of— (b) CONFORMING AMENDMENT.—Section ‘‘(I) the amount of unpaid principal and the 455(g) (20 U.S.C. 1087e(g)) is amended by VACY.—Each entity participating in a pro- amount of interest that has accrued since striking ‘‘428C(b)(1)(F)’’ and inserting gram under this part that is subject to sub- the last statement of such amounts provided ‘‘428C(b)(1)(H)’’. title A of title V of the Gramm-Leach-Bliley to the borrower by the lender; Act (15 U.S.C. 6801 et seq.) shall only use, re- SEC. 423. DEFAULT REDUCTION PROGRAM. lease, disclose, sell, transfer, or give student ‘‘(II) the fact that interest will accrue on Section 428F (20 U.S.C. 1078–6) is amended— the loan for the period of forbearance; information, including the name, address, so- (1) in subsection (a)— cial security number, or amount borrowed by ‘‘(III) the amount of interest that will be (A) in paragraph (1)(A), by adding at the capitalized, and the date on which capital- a borrower or a borrower’s parent, in accord- end the following: ‘‘Upon the sale of the loan ance with the provisions of such subtitle. ization will occur; to an eligible lender, the guaranty agency, ‘‘(g) LOAN BENEFIT DISCLOSURES.— ‘‘(IV) the ability of the borrower to pay the and any prior holder of the loan, shall re- ‘‘(1) IN GENERAL.—Each eligible lender, interest that has accrued before the interest quest any consumer reporting agency to is capitalized; and holder, or servicer of a loan made, insured, which the guaranty agency or holder, as ap- or guaranteed under this part shall provide ‘‘(V) the borrower’s option to discontinue plicable, reported the default of the loan, to the forbearance at any time.’’. the borrower with information on the loan remove the record of default from the bor- benefit repayment options the lender, holder, SEC. 422. FEDERAL CONSOLIDATION LOANS. rower’s credit history.’’; and or servicer offer, including information on (a) AMENDMENTS.—Section 428C(b)(1) (20 (B) by adding at the end the following: reductions in interest rates— U.S.C. 1078–3(b)(1)) is amended— ‘‘(5) LIMITATION.—A borrower may obtain ‘‘(A) by repaying the loan by automatic (1) in subparagraph (E), by striking ‘‘and’’ the benefits available under this subsection payroll or checking account deduction; after the semicolon; with respect to rehabilitating a loan only ‘‘(B) by completing a program of on-time (2) by redesignating subparagraph (F) as one time per loan.’’; and repayment; and subparagraph (H); and (2) by adding at the end the following: ‘‘(C) under any other interest rate reduc- (3) by inserting after subparagraph (E) the ‘‘(c) FINANCIAL AND ECONOMIC LITERACY.— tion program. following: Where appropriate as determined by the in- ‘‘(2) INFORMATION.—Such borrower infor- ‘‘(F) that the lender will disclose, in a clear stitution of higher education in which a bor- mation shall include— and conspicuous manner, to borrowers who rower is enrolled, each program described in ‘‘(A) any limitations on such options; consolidate loans made under part E of this subsection (b) shall include making available ‘‘(B) explicit information on the reasons a title— financial and economic education materials borrower may lose eligibility for such an op- ‘‘(i) that once the borrower adds the bor- for the borrower, including making the ma- tion; rower’s Federal Perkins Loan to a Federal terials available before, during, or after re- ‘‘(C) examples of the impact the interest Consolidation Loan, the borrower will lose habilitation of a loan.’’. rate reductions will have on a borrower’s all interest-free periods that would have SEC. 424. REPORTS TO CONSUMER REPORTING time for repayment and amount of repay- been available, such as those periods when AGENCIES AND INSTITUTIONS OF ment; HIGHER EDUCATION. no interest accrues on the Federal Perkins ‘‘(D) upon the request of the borrower, the Loan while the borrower is enrolled in school Section 430A (20 U.S.C. 1080a) is amended— effect the reductions in interest rates will at least half-time, during the grace period, (1) in the section heading, by striking have with respect to the borrower’s payoff and during periods when the borrower’s stu- ‘‘credit bureaus’’ and inserting ‘‘CONSUMER amount and time for repayment; and dent loan repayments are deferred; REPORTING AGENCIES’’; and ‘‘(E) information on borrower recertifi- ‘‘(ii) that the borrower will no longer be el- (2) in subsection (a)— cation requirements.’’. igible for loan cancellation of Federal Per- (A) in the first sentence, by striking ‘‘with kins Loans under any provision of section credit bureau organizations’’ and inserting SEC. 427. CONSUMER EDUCATION INFORMATION. 465; and ‘‘with each consumer reporting agency that Part B (20 U.S.C. 1071 et seq.) is amended ‘‘(iii) the occupations described in section compiles and maintains files on consumers by inserting after section 433 (20 U.S.C. 1083) 465(a)(2), individually and in detail, for which on a nationwide basis (as defined in section the following: the borrower will lose eligibility for Federal 603(p) of the Fair Credit Reporting Act (15 ‘‘SEC. 433A. CONSUMER EDUCATION INFORMA- Perkins Loan cancellation; and U.S.C. 1681a(p))’’; TION. ‘‘(G) that the lender shall, upon applica- (B) by redesignating paragraphs (1), (2), ‘‘Each guaranty agency participating in a tion for a consolidation loan, provide the and (3) as paragraphs (2), (4), and (5), respec- program under this part, working with the borrower with information about the pos- tively; institutions of higher education served by sible impact of loan consolidation, includ- (C) by inserting before paragraph (2) (as re- such guaranty agency (or in the case of an ing— designated by subparagraph (B)), the fol- institution of higher education that provides ‘‘(i) the total interest to be paid and fees to lowing: loans exclusively through part D, the insti- be paid on the consolidation loan, and the ‘‘(1) the type of loan made, insured, or tution working with a guaranty agency or length of repayment for the loan; guaranteed under this title;’’; with the Secretary), shall develop and make ‘‘(ii) whether consolidation would result in (D) by inserting after paragraph (2) (as re- available a high-quality educational pro- a loss of loan benefits under this part or part designated by subparagraph (B)), the fol- gram and materials to provide training for D, including loan forgiveness, cancellation, lowing: students in budgeting and financial manage- and deferment; ‘‘(3) information concerning the repayment ment, including debt management and other ‘‘(iii) in the case of a borrower that plans status of the loan, which information shall aspects of financial literacy, such as the cost to include a Federal Perkins Loan under part be included in the file of the borrower, ex- of using very high interest loans to pay for E in the consolidation loan, that once the cept that nothing in this subsection shall be postsecondary education, particularly as borrower adds the borrower’s Federal Per- construed to affect any otherwise applicable budgeting and financial management relates kins Loan to a consolidation loan— provision of the Fair Credit Reporting Act to student loan programs authorized by this ‘‘(I) the borrower will lose all interest–free (15 U.S.C. 1681 et seq.)’’; title. Nothing in this section shall be con- periods that would have been available for (E) in paragraph (4) (as redesignated by strued to prohibit a guaranty agency from such loan under part E, such as the periods subparagraph (B)), by striking ‘‘and’’ after using an existing program or existing mate- during which no interest accrues on the Fed- the semicolon; rials to meet the requirement of this section. eral Perkins Loan while the borrower is en- (F) in paragraph (5) (as redesignated by The activities described in this section shall rolled in school at least half-time, the grace subparagraph (B)), by striking the period and be considered default reduction activities for period, and the periods during which the bor- inserting ‘‘; and’’; and the purposes of section 422.’’.

VerDate Aug 31 2005 05:27 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.075 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7667 SEC. 428. DEFINITION OF ELIGIBLE LENDER. ‘‘(i) not issue any new loans in such a ca- in the cancellation of liability under para- Section 435(d) (20 U.S.C. 1085(d)) is amend- pacity under part B after June 30, 2012; and graph (1)(F). Notwithstanding paragraph ed— ‘‘(ii) continue to carry out the institution’s (1)(F), the Secretary may promulgate regula- (1) in paragraph (5)— responsibilities for any loans issued by the tions to resume collection on loans cancelled (A) by redesignating subparagraphs (C) and institution under part B on or before June 30, under paragraph (1)(F) in any case in which— (D) as subparagraphs (H) and (I), respec- 2012, except that, beginning on June 30, 2011, ‘‘(A) a borrower received a cancellation of tively; and the eligible institution or trustee may, not- liability under paragraph (1)(F) and after the (B) by striking subparagraphs (A) and (B) withstanding any other provision of this Act, cancellation the borrower— and inserting the following: sell or otherwise dispose of such loans if all ‘‘(i) receives a loan made, insured or guar- ‘‘(A) offered, directly or indirectly, points, profits from the divestiture are used for anteed under this title; or premiums, payments (including payments need-based grant programs at the institu- ‘‘(ii) has earned income in excess of the for referrals and for processing or finder tion. poverty line; or fees), prizes, stock or other securities, travel, ‘‘(C) AUDIT REQUIREMENT.—All institutions ‘‘(B) the Secretary determines necessary.’’. (c) EFFECTIVE DATE.—The amendments entertainment expenses, tuition repayment, serving as an eligible lender under sub- made by subsections (a) and (b) shall take ef- the provision of information technology section (d)(1)(E) and all eligible lenders serv- ing as a trustee for an institution of higher fect on July 1, 2008. equipment at below-market value, additional education or an organization affiliated with financial aid funds, or other inducements to PART C—FEDERAL WORK-STUDY an institution of higher education shall an- any institution of higher education or any PROGRAMS nually complete and submit to the Secretary employee of an institution of higher edu- SEC. 441. AUTHORIZATION OF APPROPRIATIONS. a compliance audit to determine whether— cation in order to secure applicants for loans Section 441(b) (42 U.S.C. 2751(b)) is amended ‘‘(i) the institution or lender is using all under this part; by striking ‘‘$1,000,000,000 for fiscal year proceeds from special allowance payments ‘‘(B) conducted unsolicited mailings, by 1999’’ and all that follows through the period and interest payments from borrowers, inter- postal or electronic means, of student loan and inserting ‘‘such sums as may be nec- est subsidies received from the Department, application forms to students enrolled in essary for fiscal year 2008 and each of the 5 and any proceeds from the sale or other dis- secondary school or postsecondary institu- succeeding fiscal years.’’. position of loans, for need-based aid pro- SEC. 442. ALLOWANCE FOR BOOKS AND SUP- tions, or to parents of such students, except grams, in accordance with section that applications may be mailed, by postal PLIES. 435(d)(2)(A)(viii); Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) or electronic means, to students or bor- ‘‘(ii) the institution or lender is using no is amended by striking ‘‘$450’’ and inserting rowers who have previously received loans more than a reasonable portion of the pro- ‘‘$600’’. under this part from such lender; ceeds described in section 435(d)(2)(A)(viii) ‘‘(C) entered into any type of consulting SEC. 443. GRANTS FOR FEDERAL WORK-STUDY for direct administrative expenses; and PROGRAMS. arrangement, or other contract to provide ‘‘(iii) the institution or lender is ensuring Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is services to a lender, with an employee who is that the proceeds described in section amended— employed in the financial aid office of an in- 435(d)(2)(A)(viii) are being used to supple- (1) by striking subparagraph (A); stitution of higher education, or who other- ment, and not to supplant, non-Federal funds (2) by redesignating subparagraphs (B) and wise has responsibilities with respect to stu- that would otherwise be used for need-based (C) as subparagraphs (A) and (B), respec- dent loans or other financial aid of the insti- grant programs.’’. tively; and tution; SEC. 429. DISCHARGE AND CANCELLATION (3) in subparagraph (A) (as redesignated by ‘‘(D) compensated an employee who is em- RIGHTS IN CASES OF DISABILITY. paragraph (2)), by striking ‘‘this subpara- ployed in the financial aid office of an insti- (a) FFEL AND DIRECT LOANS.—Section graph if’’ and all that follows through ‘‘insti- tution of higher education, or who otherwise 437(a) (20 U.S.C. 1087) is amended— tution;’’ and inserting ‘‘this subparagraph has responsibilities with respect to edu- (1) by inserting ‘‘, or if a student borrower if— cational loans or other financial aid of the who has received such a loan is unable to en- ‘‘(i) the Secretary determines that enforc- institution, and who is serving on an advi- gage in any substantial gainful activity by ing this subparagraph would cause hardship sory board, commission, or group established reason of any medically determinable phys- for students at the institution; or by a lender or group of lenders for providing ical or mental impairment that can be ex- ‘‘(ii) the institution certifies to the Sec- such service, except that the eligible lender pected to result in death, has lasted for a retary that 15 percent or more of its total may reimburse such employee for reasonable continuous period of not less than 60 months, full-time enrollment participates in commu- expenses incurred in providing such service; or can be expected to last for a continuous nity service activities described in section ‘‘(E) performed for an institution of higher period of not less than 60 months’’ after ‘‘of 441(c) or tutoring and literacy activities de- education any function that the institution the Secretary),’’; and scribed in subsection (d) of this section;’’. of higher education is required to carry out (2) by adding at the end the following: SEC. 444. JOB LOCATION AND DEVELOPMENT under part B, D, or G; ‘‘The Secretary may develop such safeguards PROGRAMS. ‘‘(F) paid, on behalf of an institution of as the Secretary determines necessary to Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is higher education, another person to perform prevent fraud and abuse in the discharge of amended by striking ‘‘$50,000’’ and inserting any function that the institution of higher liability under this subsection. Notwith- ‘‘$75,000’’. education is required to perform under part standing any other provision of this sub- SEC. 445. WORK COLLEGES. B, D, or G; section, the Secretary may promulgate regu- Section 448 (42 U.S.C. 2756b) is amended— ‘‘(G) provided payments or other benefits lations to resume collection on loans dis- (1) in subsection (a), by striking ‘‘work- to a student at an institution of higher edu- charged under this subsection in any case in learning’’ and inserting ‘‘work-learning-serv- cation to act as the lender’s representative which— ice’’; to secure applications under this title from ‘‘(1) a borrower received a discharge of li- (2) in subsection (b)— individual prospective borrowers, unless such ability under this subsection and after the (A) in paragraph (1), by striking ‘‘under student— discharge the borrower— subsection (f)’’ and inserting ‘‘for this sec- ‘‘(i) is also employed by the lender for ‘‘(A) receives a loan made, insured or guar- tion under section 441(b)’’; and other purposes; and anteed under this title; or (B) in paragraph (2)— ‘‘(ii) made all appropriate disclosures re- ‘‘(B) has earned income in excess of the (i) in the matter preceding subparagraph garding such employment;’’; and poverty line; or (A), by striking ‘‘pursuant to subsection (f)’’ (2) by adding at the end the following: ‘‘(2) the Secretary determines necessary.’’. and inserting ‘‘for this section under section ‘‘(8) SUNSET OF AUTHORITY FOR SCHOOL AS (b) PERKINS.—Section 464(c) (20 U.S.C. 441(b)’’; LENDER PROGRAM.— 1087dd(c)) is amended— (ii) in subparagraph (A), by striking ‘‘(A) SUNSET.—The authority provided (1) in paragraph (1)(F)— ‘‘work-learning program’’ and inserting under subsection (d)(1)(E) for an institution (A) by striking ‘‘or if he’’ and inserting ‘‘if ‘‘comprehensive work-learning-service pro- to serve as an eligible lender, and under the borrower’’; and gram’’; paragraph (7) for an eligible lender to serve (B) by inserting ‘‘, or if the borrower is un- (iii) by redesignating subparagraphs (C) as a trustee for an institution of higher edu- able to engage in any substantial gainful ac- through (F) as subparagraphs (D) through cation or an organization affiliated with an tivity by reason of any medically deter- (G), respectively; institution of higher education, shall expire minable physical or mental impairment that (iv) by inserting after subparagraph (B) the on June 30, 2012. can be expected to result in death, has lasted following: ‘‘(B) APPLICATION TO EXISTING INSTITU- for a continuous period of not less than 60 ‘‘(C) support existing and new model stu- TIONAL LENDERS.—An institution that was an months, or can be expected to last for a con- dent volunteer community service projects eligible lender under this subsection, or an tinuous period of not less than 60 months’’ associated with local institutions of higher eligible lender that served as a trustee for an after ‘‘the Secretary’’; and education, such as operating drop-in re- institution of higher education or an organi- (2) by adding at the end the following: source centers that are staffed by students zation affiliated with an institution of high- ‘‘(8) The Secretary may develop such addi- and that link people in need with the re- er education under paragraph (7), before tional safeguards as the Secretary deter- sources and opportunities necessary to be- June 30, 2012, shall— mines necessary to prevent fraud and abuse come self-sufficient; and’’;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.075 S29JYPT1 erowe on PRODPC61 with SENATE S7668 CONGRESSIONAL RECORD — SENATE July 29, 2008 (v) in subparagraph (E) (as redesignated by ‘‘(2) For the purpose of paragraph (1), the case of an independent student, shall be ex- clause (iii)), by striking ‘‘work-learning’’ terms of forbearance agreed to by the parties cluded’’ before the semicolon. each place the term occurs and inserting shall be documented by— (b) EFFECTIVE DATE.—The amendment ‘‘work-learning-service’’; and ‘‘(A) confirming the agreement of the bor- made by subsection (a) shall take effect on (vi) in subparagraph (F) (as redesignated rower by notice to the borrower from the in- July 1, 2008. by clause (iii)), by striking ‘‘work service stitution of higher education; and PART F—GENERAL PROVISIONS learning’’ and inserting ‘‘work-learning-serv- ‘‘(B) recording the terms in the borrower’s RELATING TO STUDENT ASSISTANCE ice’’; file.’’; and SEC. 471. DEFINITIONS. (3) in subsection (c), by striking ‘‘by sub- (2) in subsection (j), by striking ‘‘(e)(3)’’ Section 481(a)(2)(B) (20 U.S.C. 1088(a)(2)(B)) section (f) to use funds under subsection and inserting ‘‘(e)(1)(C)’’. is amended by inserting ‘‘and that measures (b)(1)’’ and inserting ‘‘for this section under SEC. 452. CANCELLATION OF LOANS FOR CER- program length in credit hours or clock section 441(b) or to use funds under sub- TAIN PUBLIC SERVICE. hours’’ after ‘‘baccalaureate degree’’. section (b)(1),’’; Section 465(a) (20 U.S.C. 1087ee(a)) is SEC. 472. COMPLIANCE CALENDAR. (4) in subsection (e)— amended— Section 482 (20 U.S.C. 1089) is amended by (A) in paragraph (1)— (1) in paragraph (2)— adding at the end the following: (i) in subparagraph (A), by inserting ‘‘4- (A) in subparagraph (B), by striking ‘‘Head ‘‘(e) COMPLIANCE CALENDAR.—Prior to the year, degree-granting’’ after ‘‘nonprofit’’; Start Act which’’ and inserting ‘‘Head Start beginning of each award year, the Secretary (ii) in subparagraph (B), by striking ‘‘work- Act, or in a prekindergarten or child care shall provide to institutions of higher edu- learning’’ and inserting ‘‘work-learning-serv- program that is licensed or regulated by the cation a list of all the reports and disclo- ice’’; State, that’’; sures required under this Act. The list shall (iii) by striking subparagraph (C) and in- (B) in subparagraph (H), by striking ‘‘or’’ include— serting the following: after the semicolon; ‘‘(1) the date each report or disclosure is ‘‘(C) requires all resident students, includ- (C) in subparagraph (I), by striking the pe- required to be completed and to be sub- ing at least 1⁄2 of all resident students who riod and inserting a semicolon; and mitted, made available, or disseminated; are enrolled on a full-time basis, to partici- (D) by inserting before the matter fol- ‘‘(2) the required recipients of each report pate in a comprehensive work-learning-serv- lowing subparagraph (I) (as amended by sub- or disclosure; ice program for not less than 5 hours each paragraph (C)) the following: ‘‘(3) any required method for transmittal week, or not less than 80 hours during each ‘‘(J) as a full-time faculty member at a or dissemination of each report or disclosure; period of enrollment except summer school, Tribal College or University, as that term is ‘‘(4) a description of the content of each re- unless the student is engaged in a study defined in section 316; port or disclosure sufficient to allow the in- abroad or externship program that is orga- ‘‘(K) as a librarian, if the librarian has a stitution to identify the appropriate individ- nized or approved by the institution; and’’; master’s degree in library science and is em- uals to be assigned the responsibility for and ployed in— such report or disclosure; (iv) in subparagraph (D), by striking ‘‘(i) an elementary school or secondary ‘‘(5) references to the statutory authority, ‘‘work-learning’’ and inserting ‘‘work-learn- school that is eligible for assistance under applicable regulations, and current guidance ing-service’’; and title I of the Elementary and Secondary Edu- issued by the Secretary regarding each re- (B) by striking paragraph (2) and inserting cation Act of 1965; or port or disclosure; and the following: ‘‘(ii) a public library that serves a geo- ‘‘(6) any other information which is perti- ‘‘(2) the term ‘comprehensive work-learn- graphic area that contains 1 or more schools nent to the content or distribution of the re- ing-service program’ means a student work- eligible for assistance under title I of the El- port or disclosure.’’. learning-service program that— ementary and Secondary Education Act of SEC. 473. FORMS AND REGULATIONS. ‘‘(A) is an integral and stated part of the 1965; or Section 483 (20 U.S.C. 1090) is amended— institution’s educational philosophy and pro- ‘‘(L) as a full-time speech language thera- (1) by striking subsections (a) and (b) and gram; pist, if the therapist has a master’s degree inserting the following: ‘‘(a) COMMON FINANCIAL AID FORM DEVEL- ‘‘(B) requires participation of all resident and is working exclusively with schools that OPMENT AND PROCESSING.— students for enrollment and graduation; are eligible for assistance under title I of the ‘‘(1) IN GENERAL.— ‘‘(C) includes learning objectives, evalua- Elementary and Secondary Education Act of ‘‘(A) COMMON FORMS.—The Secretary, in tion, and a record of work performance as 1965.’’; and cooperation with representatives of agencies part of the student’s college record; (2) in paragraph (3)(A)— and organizations involved in student finan- ‘‘(D) provides programmatic leadership by (A) in clause (i)— cial assistance, shall produce, distribute, and college personnel at levels comparable to (i) by inserting ‘‘(D),’’ after ‘‘(C),’’; and process free of charge common financial re- (ii) by striking ‘‘or (I)’’ and inserting ‘‘(I), traditional academic programs; porting forms as described in this subsection (J), (K), or (L)’’; ‘‘(E) recognizes the educational role of to be used to determine the need and eligi- (B) in clause (ii), by inserting ‘‘or’’ after work-learning-service supervisors; and bility of a student for financial assistance the semicolon; ‘‘(F) includes consequences for non- under parts A through E of this title (other (C) by striking clause (iii); and performance or failure in the work-learning- than under subpart 4 of part A). The forms (D) by redesignating clause (iv) as clause service program similar to the consequences shall be made available to applicants in both for failure in the regular academic pro- (iii). paper and electronic formats. gram.’’; and PART E—NEED ANALYSIS ‘‘(B) FAFSA.—The common financial re- (5) by striking subsection (f). SEC. 461. COST OF ATTENDANCE. porting forms described in this subsection PART D—FEDERAL PERKINS LOANS (a) AMENDMENTS.—Section 472(3) (20 U.S.C. (excluding the form described in paragraph SEC. 451. PROGRAM AUTHORITY. 1087kk(3)) is amended— (2)(B)), shall be referred to collectively as (1) in subparagraph (B), by striking ‘‘and’’ Section 461(b)(1) (20 U.S.C. 1087aa(b)(1)) is the ‘Free Application for Federal Student after the semicolon; Aid’, or ‘FAFSA’. amended by striking ‘‘$250,000,000 for fiscal (2) by redesignating subparagraph (C) as ‘‘(2) PAPER FORMAT.— year 1999’’ and all that follows through the subparagraph (D); and ‘‘(A) IN GENERAL.—The Secretary shall en- period and inserting ‘‘such sums as may be (3) by inserting after subparagraph (B), as courage applicants to file the electronic necessary for each of the fiscal years 2008 amended by paragraph (1), the following: versions of the forms described in paragraph through 2012.’’. ‘‘(C) for students who live in housing lo- (3), but shall develop, make available, and SEC. 451A. ALLOWANCE FOR BOOKS AND SUP- cated on a military base or for which a basic process— PLIES. allowance is provided under section 403(b) of ‘‘(i) a paper version of EZ FAFSA, as de- Section 462(c)(4)(D) (20 U.S.C. title 37, United States Code, shall be an al- scribed in subparagraph (B); and 1087bb(c)(4)(D)) is amended by striking ‘‘$450’’ lowance based on the expenses reasonably in- ‘‘(ii) a paper version of the other forms de- and inserting ‘‘$600’’. curred by such students for board but not for scribed in this subsection, in accordance SEC. 451B. PERKINS LOAN FORBEARANCE. room; and’’. with subparagraph (C), for any applicant who Section 464 (20 U.S.C. 1087dd) is amended— (b) EFFECTIVE DATE.—The amendments does not meet the requirements of or does (1) in subsection (e)— made by subsection (a) shall take effect on not wish to use the process described in sub- (A) in the matter preceding paragraph (1), July 1, 2008. paragraph (B). by striking ‘‘, upon written request,’’ and in- SEC. 462. DEFINITIONS. ‘‘(B) EZ FAFSA.— serting ‘‘, as documented in accordance with (a) AMENDMENT.—Section 480(b)(6) (20 ‘‘(i) IN GENERAL.—The Secretary shall de- paragraph (2),’’; U.S.C. 1087vv(b)(6)) is amended by inserting velop and use, after appropriate field testing, (B) by redesignating paragraphs (1) ‘‘, except that the value of on-base military a simplified paper application form for appli- through (3) as subparagraphs (A) through (C), housing or the value of basic allowance for cants meeting the requirements of section respectively; housing determined under section 403(b) of 479(c), which form shall be referred to as the (C) by inserting ‘‘(1)’’ after ‘‘FORBEAR- title 37, United States Code, received by the ‘EZ FAFSA’. ANCE.—’’; and parents, in the case of a dependent student, ‘‘(ii) REQUIRED FEDERAL DATA ELEMENTS.— (D) by adding at the end the following: or the student or student’s spouse, in the The Secretary shall include on the EZ

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.075 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7669 FAFSA only the data elements required to forms shall be used for making final aid lected in consultation with State agencies in determine student eligibility and whether awards under this title until such data have order to assist in the awarding of State fi- the applicant meets the requirements of sec- been processed by the Secretary or a con- nancial assistance in accordance with the tion 479(c). tractor or designee of the Secretary, except terms of this subsection. The number of such ‘‘(iii) REQUIRED STATE DATA ELEMENTS.— as may be permitted under this title. data items shall not be less than the number The Secretary shall include on the EZ ‘‘(G) PRIVACY.—The Secretary shall ensure included on the common financial reporting FAFSA such data items as may be necessary that data collection under this paragraph form for the 2005–2006 award year unless a to award State financial assistance, as pro- complies with section 552a of title 5, United State notifies the Secretary that the State vided under paragraph (5), except the Sec- States Code, and that any entity using an no longer requires those data items for the retary shall not include a State’s data if that electronic version of a form developed by the distribution of State need-based aid. State does not permit its applicants for Secretary under this paragraph shall main- ‘‘(B) ANNUAL REVIEW.—The Secretary shall State assistance to use the EZ FAFSA. tain reasonable and appropriate administra- conduct an annual review to determine— ‘‘(iv) FREE AVAILABILITY AND DATA DIS- tive, technical, and physical safeguards to ‘‘(i) which data items each State requires TRIBUTION.—The provisions of paragraphs (6) ensure the integrity and confidentiality of to award need-based State aid; and and (10) shall apply to the EZ FAFSA. the information, and to protect against secu- ‘‘(ii) if the State will permit an applicant ‘‘(C) PHASE-OUT OF FULL PAPER FAFSA.— rity threats, or unauthorized uses or disclo- to file a form described in paragraph (2)(B) or ‘‘(i) PHASE-OUT OF PRINTING OF FULL PAPER sures of the information provided on the (3)(C). FAFSA.—At such time as the Secretary deter- electronic version of the form. ‘‘(C) USE OF SIMPLIFIED APPLICATION FORMS mines that it is not cost-effective to print ‘‘(H) SIGNATURE.—Notwithstanding any ENCOURAGED.—The Secretary shall encourage the full paper version of FAFSA, the Sec- other provision of this Act, the Secretary States to take such steps as are necessary to retary shall— may permit an electronic version of a form encourage the use of simplified forms under ‘‘(I) phase out the printing of the full paper developed under this paragraph to be sub- this subsection, including those forms de- version of FAFSA; mitted without a signature, if a signature is scribed in paragraphs (2)(B) and (3)(C), for ‘‘(II) maintain on the Internet easily acces- subsequently submitted by the applicant or applicants who meet the requirements of sible, downloadable formats of the full paper if the applicant uses a personal identifica- subsection (b) or (c) of section 479. version of FAFSA; and tion number provided by the Secretary under ‘‘(D) CONSEQUENCES IF STATE DOES NOT AC- ‘‘(III) provide a printed copy of the full subparagraph (I). CEPT SIMPLIFIED FORMS.—If a State does not paper version of FAFSA upon request. ‘‘(I) PERSONAL IDENTIFICATION NUMBERS AU- permit an applicant to file a form described ‘‘(ii) USE OF SAVINGS.—The Secretary shall THORIZED.—The Secretary is authorized to in paragraph (2)(B) or (3)(C) for purposes of utilize any savings realized by phasing out assign to an applicant a personal identifica- determining eligibility for State need-based the printing of the full paper version of tion number— financial aid, the Secretary may determine FAFSA and moving applicants to the elec- ‘‘(i) to enable the applicant to use such that State-specific questions for such State tronic versions of FAFSA, to improve access number as a signature for purposes of com- will not be included on a form described in to the electronic versions for applicants pleting an electronic version of a form devel- paragraph (2)(B) or (3)(B). If the Secretary meeting the requirements of section 479(c). oped under this paragraph; and makes such determination, the Secretary ‘‘(3) ELECTRONIC VERSIONS.— ‘‘(ii) for any purpose determined by the shall advise the State of the Secretary’s de- ‘‘(A) IN GENERAL.—The Secretary shall Secretary to enable the Secretary to carry termination. produce, make available through a broadly out this title. ‘‘(E) LACK OF STATE RESPONSE TO REQUEST available website, and process electronic ‘‘(J) PERSONAL IDENTIFICATION NUMBER IM- FOR INFORMATION.—If a State does not re- versions of the FAFSA and the EZ FAFSA. PROVEMENT.—Not later than 180 days after spond to the Secretary’s request for informa- ‘‘(B) MINIMUM QUESTIONS.—The Secretary the date of enactment of the Higher Edu- tion under subparagraph (B), the Secretary shall use all available technology to ensure cation Amendments of 2007, the Secretary shall— that a student using an electronic version of shall implement a real-time data match be- ‘‘(i) permit residents of that State to com- the FAFSA under this paragraph answers tween the Social Security Administration plete simplified forms under paragraphs only the minimum number of questions nec- and the Department to minimize the time re- (2)(B) and (3)(B); and essary. quired for an applicant to obtain a personal ‘‘(ii) not require any resident of such State ‘‘(C) REDUCED REQUIREMENTS.—The Sec- identification number when applying for aid to complete any data items previously re- retary shall enable applicants who meet the under this title through an electronic quired by that State under this section. requirements of subsection (b) or (c) of sec- version of a form developed under this para- ‘‘(F) RESTRICTION.—The Secretary shall not tion 479 to provide information on the elec- graph. require applicants to complete any financial tronic version of the FAFSA only for the ‘‘(4) STREAMLINED REAPPLICATION PROC- or non-financial data items that are not re- data elements required to determine student ESS.— quired— eligibility and whether the applicant meets ‘‘(A) IN GENERAL.—The Secretary shall de- ‘‘(i) by the applicant’s State; or the requirements of subsection (b) or (c) of velop streamlined paper and electronic re- ‘‘(ii) by the Secretary. section 479. application forms and processes for an appli- ‘‘(6) CHARGES TO STUDENTS AND PARENTS ‘‘(D) STATE DATA.—The Secretary shall in- cant who applies for financial assistance FOR USE OF FORMS PROHIBITED.—The need and clude on the electronic version of the FAFSA under this title in the next succeeding aca- eligibility of a student for financial assist- the questions needed to determine whether demic year subsequent to an academic year ance under parts A through E (other than the applicant is eligible for State financial for which such applicant applied for finan- under subpart 4 of part A) may be deter- assistance, as provided under paragraph (5), cial assistance under this title. mined only by using a form developed by the except that the Secretary shall not— ‘‘(B) UPDATING OF DATA ELEMENTS.—The Secretary under this subsection. Such forms ‘‘(i) require applicants to complete data re- Secretary shall determine, in cooperation shall be produced, distributed, and processed quired by any State other than the appli- with States, institutions of higher edu- by the Secretary, and no parent or student cant’s State of residence; and cation, agencies, and organizations involved shall be charged a fee by the Secretary, a ‘‘(ii) include a State’s data if such State in student financial assistance, the data ele- contractor, a third-party servicer or private does not permit its applicants for State as- ments that may be transferred from the pre- software provider, or any other public or pri- sistance to use the electronic version of the vious academic year’s application and those vate entity for the collection, processing, or FAFSA described in this paragraph. data elements that shall be updated. delivery of financial aid through the use of ‘‘(E) FREE AVAILABILITY AND DATA DIS- ‘‘(C) REDUCED DATA AUTHORIZED.—Nothing such forms. No data collected on a paper or TRIBUTION.—The provisions of paragraphs (6) in this title shall be construed as limiting electronic version of a form developed under and (10) shall apply to the electronic version the authority of the Secretary to reduce the this subsection, or other document that was of the FAFSA. number of data elements required of re- created to replace, or used to complete, such ‘‘(F) USE OF FORMS.—Nothing in this sub- applicants. a form, and for which a fee was paid, shall be section shall be construed to prohibit the use ‘‘(D) ZERO FAMILY CONTRIBUTION.—Appli- used. of the electronic versions of the forms devel- cants determined to have a zero family con- ‘‘(7) RESTRICTIONS ON USE OF PIN.—No per- oped by the Secretary pursuant to this para- tribution pursuant to section 479(c) shall not son, commercial entity, or other entity shall graph by an eligible institution, eligible be required to provide any financial data in request, obtain, or utilize an applicant’s per- lender, a guaranty agency, a State grant a reapplication form, except data that are sonal identification number assigned under agency, a private computer software pro- necessary to determine eligibility under paragraph (3)(I) for purposes of submitting a vider, a consortium of such entities, or such such section. form developed under this subsection on an other entity as the Secretary may designate. ‘‘(5) STATE REQUIREMENTS.— applicant’s behalf. Data collected by the electronic versions of ‘‘(A) IN GENERAL.—Except as provided in ‘‘(8) APPLICATION PROCESSING CYCLE.—The such forms shall be used only for the applica- paragraphs (2)(B)(iii), (3)(D), and (4)(B), the Secretary shall enable students to submit tion, award, and administration of aid Secretary shall include on the forms devel- forms developed under this subsection and awarded under this title, State aid, or aid oped under this subsection, such State-spe- initiate the processing of such forms under awarded by eligible institutions or such enti- cific data items as the Secretary determines this subsection, as early as practicable prior ties as the Secretary may designate. No data are necessary to meet State requirements for to January 1 of the student’s planned year of collected by such electronic versions of the need-based State aid. Such items shall be se- enrollment.

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‘‘(9) EARLY ESTIMATES OF EXPECTED FAMILY preparer satisfies the requirements of this later than 1 year prior to the year of such CONTRIBUTIONS.—The Secretary shall permit subsection. planned enrollment— an applicant to complete a form described in ‘‘(2) PREPARER IDENTIFICATION REQUIRED.— ‘‘(A) provide each student who meets the this subsection in the years prior to enroll- If an applicant uses a preparer for consult- requirements under section 479(c) with a de- ment in order to obtain from the Secretary ative or preparation services for the comple- termination of such student’s— a nonbinding estimate of the applicant’s ex- tion of a form developed under subsection ‘‘(i) expected family contribution for the pected family contribution, computed in ac- (a), the preparer shall include the name, sig- first year of the student’s enrollment in an cordance with part F. Such applicant shall nature, address or employer’s address, social institution of higher education; and be permitted to update information sub- security number or employer identification ‘‘(ii) Federal Pell Grant award for the first mitted on a form described in this subsection number, and organizational affiliation of the such year, based on the maximum Federal using the process required under paragraph preparer on the applicant’s form. Pell Grant award at the time of application; (4). ‘‘(3) ADDITIONAL REQUIREMENTS.—A pre- ‘‘(B) provide each student who does not ‘‘(10) DISTRIBUTION OF DATA.—Institutions parer that provides consultative or prepara- meet the requirements under section 479(c) of higher education, guaranty agencies, and tion services pursuant to this subsection with an estimate of such student’s— States shall receive, without charge, the shall— ‘‘(i) expected family contribution for the data collected by the Secretary using a form ‘‘(A) clearly inform each individual upon first year of the student’s planned enroll- developed under this subsection for the pur- initial contact, including contact through ment; and poses of processing loan applications and de- the Internet or by telephone, that the ‘‘(ii) Federal Pell Grant award for the first termining need and eligibility for institu- FAFSA and EZ FAFSA may be completed such year, based on the maximum Federal tional and State financial aid awards. Enti- for free via paper or electronic versions of Pell Grant award at the time of application; ties designated by institutions of higher edu- the forms that are provided by the Sec- and cation, guaranty agencies, or States to re- retary; ‘‘(C) remind the students of the need to up- ceive such data shall be subject to all the re- ‘‘(B) include in any advertising clear and date the students’ information during the quirements of this section, unless such re- conspicuous information that the FAFSA calendar year of enrollment using the expe- quirements are waived by the Secretary. and EZ FAFSA may be completed for free dited reapplication process provided for in ‘‘(11) THIRD PARTY SERVICERS AND PRIVATE via paper or electronic versions of the forms subsection (a)(4). SOFTWARE PROVIDERS.—To the extent prac- that are provided by the Secretary; ‘‘(4) PARTICIPANTS.—The Secretary shall ticable and in a timely manner, the Sec- ‘‘(C) if advertising or providing any infor- include, as participants in the demonstration retary shall provide, to private organizations mation on a website, or if providing services program— and consortia that develop software used by through a website, include on the website a ‘‘(A) States selected through the applica- institutions of higher education for the ad- link to the website described in subsection tion process described in paragraph (5); ministration of funds under this title, all the (a)(3) that provides the electronic versions of ‘‘(B) institutions of higher education with- necessary specifications that the organiza- the forms developed under subsection (a); in the selected States that are interested in tions and consortia must meet for the soft- ‘‘(D) refrain from producing or dissemi- participating in the demonstration program, ware the organizations and consortia de- nating any form other than the forms devel- and that can make estimates or commit- velop, produce, and distribute (including any oped by the Secretary under subsection (a); ments of institutional student financial aid, diskette, modem, or network communica- and as appropriate, to students the year before tions) which are so used. The specifications ‘‘(E) not charge any fee to any individual the students’ planned enrollment date; and shall contain record layouts for required seeking services who meets the requirements ‘‘(C) secondary schools within the selected data. The Secretary shall develop in advance of subsection (b) or (c) of section 479. States that are interested in participating in of each processing cycle an annual schedule ‘‘(4) SPECIAL RULE.—Nothing in this Act the demonstration program, and can commit for providing such specifications. The Sec- shall be construed to limit preparers of the resources to— retary, to the extent practicable, shall use financial reporting forms required to be ‘‘(i) advertising the availability of the pro- multiple means of providing such specifica- made under this title that meet the require- gram; tions, including conferences and other meet- ments of this subsection from collecting ‘‘(ii) identifying students who might be in- ings, outreach, and technical support mecha- source information from a student or parent, terested in participating in the program; nisms (such as training and printed reference including Internal Revenue Service tax ‘‘(iii) encouraging such students to apply; materials). The Secretary shall, from time forms, in providing consultative and prepara- and to time, solicit from such organizations and tion services in completing the forms.’’; and ‘‘(iv) participating in the evaluation of the consortia means of improving the support (5) by adding at the end the following: program. provided by the Secretary. ‘‘(e) EARLY APPLICATION AND AWARD DEM- ‘‘(5) APPLICATIONS.—States that are inter- ‘‘(12) PARENT’S SOCIAL SECURITY NUMBER ONSTRATION PROGRAM.— ested in participating in the demonstration AND BIRTH DATE.—The Secretary is author- ‘‘(1) PURPOSE.—The purpose of the dem- program shall submit an application, to the ized to include space on the forms developed onstration program implemented under this Secretary at such time, in such form, and under this subsection for the social security subsection is to determine the feasibility of containing such information as the Sec- number and birth date of parents of depend- implementing a comprehensive early appli- retary shall require. The application shall ent students seeking financial assistance cation and notification system for all de- include— under this title.’’; pendent students and to measure the bene- ‘‘(A) information on the amount of the (2) by redesignating subsections (c) fits and costs of such a system. State’s need-based student financial assist- through (e) (as amended by section 101(b)(11)) ‘‘(2) PROGRAM AUTHORIZED.—Not later than ance available, and the eligibility criteria as subsections (b) through (d), respectively; 2 years after the date of enactment of the for receiving such assistance; (3) in subsection (c) (as redesignated by Higher Education Amendments of 2007, the ‘‘(B) a commitment to make, not later paragraph (2)), by striking ‘‘that is author- Secretary shall implement an early applica- than the year before the dependent students ized’’ and all that follows through the period tion demonstration program enabling de- participating in the demonstration program at the end and inserting ‘‘or other appro- pendent students who wish to participate in plan to enroll in an institution of higher edu- priate provider of technical assistance and the program— cation— information on postsecondary educational ‘‘(A) to complete an application under this ‘‘(i) determinations of State financial aid services that is authorized under section subsection during the academic year that is awards to dependent students participating 663(a) of the Individuals with Disabilities 2 years prior to the year such students plan in the program who meet the requirements Education Act. Not later than 2 years after to enroll in an institution of higher edu- of section 479(c); and the date of enactment of the Higher Edu- cation; and ‘‘(ii) estimates of State financial aid cation Amendments of 2007, the Secretary ‘‘(B) based on the application described in awards to other dependent students partici- shall test and implement, to the extent prac- subparagraph (A), to obtain, not later than 1 pating in the program; ticable, a toll-free telephone based system to year prior to the year of the students’ ‘‘(C) a plan for recruiting institutions of permit applicants who meet the require- planned enrollment, information on eligi- higher education and secondary schools with ments of 479(c) to submit an application over bility for Federal Pell Grants, Federal stu- different demographic characteristics to par- such system.’’; dent loans under this title, and State and in- ticipate in the program; (4) by striking subsection (d) (as redesig- stitutional financial aid for the student’s ‘‘(D) a plan for selecting institutions of nated by paragraph (2)) and inserting the fol- first year of enrollment in an the institution higher education and secondary schools to lowing: of higher education. participate in the program that— ‘‘(d) ASSISTANCE IN PREPARATION OF FINAN- ‘‘(3) EARLY APPLICATION AND AWARD.—For ‘‘(i) demonstrate a commitment to encour- CIAL AID APPLICATION.— all dependent students selected for participa- aging students to submit a FAFSA, or, as ap- ‘‘(1) PREPARATION AUTHORIZED.—Notwith- tion in the demonstration program who sub- propriate, an EZ FAFSA, 2 years before the standing any provision of this Act, an appli- mit a completed FAFSA, or, as appropriate, students’ planned date of enrollment in an cant may use a preparer for consultative or an EZ FAFSA, 2 years prior to the year such institution of higher education; preparation services for the completion of a students plan to enroll in an institution of ‘‘(ii) serve different populations of stu- form developed under subsection (a) if the higher education, the Secretary shall, not dents;

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‘‘(iii) in the case of institutions of higher ‘‘(1) FORMATION OF STUDY GROUP.—Not later ‘‘(i) prepopulate the electronic version of education— than 90 days after the date of enactment of the FAFSA with student and parent tax- ‘‘(I) to the extent possible, are of varying the Higher Education Amendments of 2007, payer data; or types and control; and the Comptroller General of the United States ‘‘(ii) generate an expected family contribu- ‘‘(II) commit to making, not later than the and the Secretary of Education shall con- tion without additional action on the part of year prior to the year that dependent stu- vene a study group whose membership shall the student and taxpayer; dents participating in the demonstration include the Secretary of the Treasury, the ‘‘(D) the extent to which the use of income program plan to enroll in the institution— Director of the Office of Management and data from 2 years prior to a student’s ‘‘(aa) institutional awards to participating Budget, the Director of the Congressional planned enrollment date would change the dependent students who meet the require- Budget Office, representatives of institutions expected family contribution computed in ments of section 479(c); of higher education with expertise in Federal accordance with part F, and potential ad- ‘‘(bb) estimates of institutional awards to and State financial aid assistance, State justments to the need analysis formula that other participating dependent students; and would minimize the change; chief executive officers of higher education ‘‘(cc) expected or tentative awards of ‘‘(E) the extent to which States and insti- with a demonstrated commitment to simpli- grants or other financial aid available under tutions would accept the data provided by fying the FAFSA, and such other individuals this title (including supplemental grants the Internal Revenue Service to prepopulate under subpart 3 of part A), for all partici- as the Comptroller General and the Sec- the electronic version of the FAFSA in de- pating dependent students, along with infor- retary of Education may designate. termining the distribution of State and in- mation on State awards, as provided to the ‘‘(2) STUDY REQUIRED.—The Comptroller stitutional student financial aid funds; institution by the State; General and the Secretary, in consultation ‘‘(F) the changes to the electronic version ‘‘(E) a commitment to participate in the with the study group convened under para- of the FAFSA and verification processes that evaluation conducted by the Secretary; and graph (1), shall design and conduct a study to would be needed or could be made if Internal ‘‘(F) such other information as the Sec- identify and evaluate the means of simpli- Revenue Service data were used to retary may require. fying the process of applying for Federal fi- prepopulate such electronic version; ‘‘(6) SPECIAL PROVISIONS.— nancial aid available under this title. The ‘‘(G) the data elements currently collected, ‘‘(A) DISCRETION OF STUDENT FINANCIAL AID study shall focus on developing alternative as of the time of the study, on the FAFSA ADMINISTRATORS.—A financial aid adminis- approaches for calculating the expected fam- that are needed to determine eligibility for trator at an institution of higher education ily contribution that use substantially less student aid, or to administer Federal student participating in a demonstration program income and asset data than the methodology financial aid programs, but are not needed to under this subsection may use the discretion currently used, as of the time of the study, compute an expected family contribution, provided under section 479A as necessary in for determining the expected family con- such as whether information regarding the awarding financial aid to students partici- tribution. student’s citizenship or permanent residency pating in the demonstration program. ‘‘(3) OBJECTIVES OF STUDY.—The objectives status, registration for selective service, or ‘‘(B) WAIVERS.—The Secretary is author- of the study required under paragraph (2) driver’s license number could be reduced ized to waive, for an institution partici- are— without adverse effects; pating in the demonstration program, any ‘‘(A) to shorten the FAFSA and make it ‘‘(H) additional steps that can be taken to requirements under the title, or regulations easier and less time-consuming to complete, simplify the financial aid application process prescribed under this title, that would make thereby increasing higher education access for students who (or, in the case of depend- the demonstration program unworkable, ex- for low-income students; ent students, whose parents) are not required cept that the Secretary shall not waive any ‘‘(B) to examine the feasibility, and evalu- to file an income tax return for the prior provisions with respect to the maximum ate the costs and benefits, of using income taxable year; award amounts for grants and loans under data from the Internal Revenue Service to ‘‘(I) information on the State need for and this title. pre-populate the electronic version of the usage of the full array of income, asset, and ‘‘(7) OUTREACH.—The Secretary shall make FAFSA; other information currently collected, as of appropriate efforts in order to notify States, ‘‘(C) to determine ways in which to provide the time of the study, on the FAFSA, includ- institutions of higher education, and sec- reliable information on the amount of Fed- ing analyses of— ondary schools of the demonstration pro- eral grant aid and financial assistance a stu- ‘‘(i) what data are currently used by States gram. dent can expect to receive, assuming con- to determine eligibility for State student fi- ‘‘(8) EVALUATION.—The Secretary shall con- stant income, 2 to 3 years before the stu- nancial aid, and whether the data are used duct a rigorous evaluation of the demonstra- dent’s enrollment; and for merit or need-based aid; tion program to measure the program’s bene- ‘‘(D) to simplify the process for deter- ‘‘(ii) the extent to which the full array of income and asset information currently col- fits and adverse effects, as the benefits and mining eligibility for student financial aid lected on the FAFSA play an important role effects relate to the purpose of the program without causing significant redistribution of in the awarding of need-based State financial described in paragraph (1). In conducting the Federal grants and subsidized loans under evaluation, the Secretary shall— aid, and whether the State could use income this title. ‘‘(A) identify whether receiving financial and asset information that was more limited ‘‘(4) REQUIRED SUBJECTS OF STUDY.—The aid awards or estimates, as applicable, 1 year to support determinations of eligibility for study required under paragraph (2) shall con- prior to the year in which the student plans such State aid programs; sider— to enroll in an institution of higher edu- ‘‘(iii) whether data are required by State ‘‘(A) how the expected family contribution cation, has a positive impact on the higher law, State regulations, or policy directives; of a student could be calculated using sub- education aspirations and plans of such stu- ‘‘(iv) what State official has the authority stantially less income and asset information dent; to advise the Department on what the State than the approach currently used, as of the ‘‘(B) measure the extent to which using a requires to calculate need-based State stu- time of the study, to calculate the expected student’s income information from the year dent financial aid; family contribution without causing signifi- that is 2 years prior to the student’s planned ‘‘(v) the extent to which any State-specific enrollment date had an impact on the ability cant redistribution of Federal grants and information requirements could be met by of States and institutions to make financial subsidized loans under this title, State aid, completion of a State application linked to aid awards and commitments; or institutional aid, or change in the com- the electronic version of the FAFSA; and ‘‘(C) determine what operational changes position of the group of recipients of such ‘‘(vi) whether the State can use, as of the would be required to implement the program aid, which alternative approaches for calcu- time of the study, or could use, a student’s on a larger scale; lating the expected family contribution expected family contribution based on data ‘‘(D) identify any changes to Federal law shall, to the extent practicable— from 2 years prior to the student’s planned that would be necessary to implement the ‘‘(i) rely mainly, in the case of students enrollment date and a calculation with re- program on a permanent basis; and and parents who file income tax returns, on duced data elements and, if not, what addi- ‘‘(E) identify the benefits and adverse ef- information available on the 1040, 1040EZ, tional information would be needed or what fects of providing early awards or estimates and 1040A; and changes would be required; and on program costs, program operations, pro- ‘‘(ii) include formulas for adjusting income ‘‘(J) information on institutional needs, in- gram integrity, award amounts, distribution, or asset information to produce similar re- cluding the extent to which institutions of and delivery of aid. sults to the existing approach with less data; higher education are already using supple- ‘‘(9) CONSULTATION.—The Secretary shall ‘‘(B) how the Internal Revenue Service can mental forms to collect additional data from consult, as appropriate, with the Advisory provide income and other data needed to students and their families to determine eli- Committee on Student Financial Assistance compute an expected family contribution for gibility for institutional funds. established under section 491 on the design, taxpayers and dependents of taxpayers to the ‘‘(5) USE OF DATA FROM THE INTERNAL REV- implementation, and evaluation of the dem- Secretary of Education, and when in the ap- ENUE SERVICE TO PREPOPULATE FAFSA onstration program. plication cycle the data can be made avail- FORMS.—After the study required under this ‘‘(f) USE OF IRS DATA AND REDUCED INCOME able; subsection has been completed, the Sec- AND ASSET INFORMATION TO DETERMINE ELI- ‘‘(C) whether data provided by the Internal retary may use Internal Revenue Service GIBILITY FOR STUDENT FINANCIAL AID.— Revenue could be used to— data to prepopulate the electronic version of

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the FAFSA if the Secretary, in a joint deci- ‘‘(s) STUDENTS WITH INTELLECTUAL DISABIL- ‘‘(A) the appropriate withdrawal date; and sion with the Secretary of Treasury, deter- ITIES.—Notwithstanding subsection (a), in ‘‘(B) that the requirements of subsection mines that such use will not significantly order to receive any grant or work assist- (b)(2) do not apply to the student.’’. negatively impact students, institutions of ance under subparts 1 and 3 of part A and (b) EFFECTIVE DATE.—The amendment higher education, States, or the Federal Gov- part C of this title, a student with an intel- made by subsection (a) shall take effect on ernment based on each of the following cri- lectual disability shall— July 1, 2008. ‘‘(1) be an individual with an intellectual teria: SEC. 477. INSTITUTIONAL AND FINANCIAL AS- ‘‘(A) Program costs. disability whose mental retardation or other SISTANCE INFORMATION FOR STU- ‘‘(B) Redistributive effects on students. significant cognitive impairment substan- DENTS. ‘‘(C) Accuracy of aid determinations. tially impacts the individual’s intellectual Section 485 (20 U.S.C. 1092) is amended— ‘‘(D) Reduction of burden to the FAFSA and cognitive functioning; (1) in subsection (a)— filers. ‘‘(2)(A) be a student eligible for assistance (A) in paragraph (1)— ‘‘(E) Whether all States and institutions under the Individuals with Disabilities Edu- (i) in subparagraph (G)— that currently accept the Federal aid for- cation Act who has completed secondary (I) by striking ‘‘program, and’’ and insert- mula accept the use of data from 2 years school; or ing ‘‘program,’’; and prior to the date of a student’s planned en- ‘‘(B) be an individual who is no longer eli- (II) by inserting ‘‘, and (iv) any plans by rollment in an institution of higher edu- gible for assistance under the Individuals the institution for improving the academic cation to award Federal, State, and institu- with Disabilities Education Act because the program of the institution’’ after ‘‘instruc- tional aid, and as a result will not require individual has exceeded the maximum age tional personnel’’; and students to complete any additional forms to for which the State provides a free appro- (ii) by striking subparagraph (M) and in- receive this aid. priate public education; serting the following: ‘‘(6) CONSULTATION.—The Secretary shall ‘‘(3) be enrolled or accepted for enrollment ‘‘(M) the terms and conditions of the loans consult with the Advisory Committee on in a comprehensive transition and postsec- that students receive under parts B, D, and Student Financial Assistance established ondary education program that— E;’’; under section 491 as appropriate in carrying ‘‘(A) is designed for students with an intel- (iii) in subparagraph (N), by striking ‘‘and’’ out this subsection. lectual disability who are seeking to con- after the semicolon; ‘‘(7) REPORT.—Not later than 1 year after tinue academic, vocational, and independent (iv) in subparagraph (O), by striking the the date of enactment of the Higher Edu- living instruction at the institution in order period and inserting a semicolon; and cation Amendments of 2007, the Comptroller to prepare for gainful employment and inde- (v) by adding at the end the following: General and the Secretary shall prepare and pendent living; ‘‘(P) institutional policies and sanctions submit a report on the results of the study ‘‘(B) includes an advising and curriculum related to copyright infringement, includ- required under this subsection to the author- structure; ing— izing committees.’’. ‘‘(C) requires students to participate on at ‘‘(i) an annual disclosure that explicitly in- SEC. 474. STUDENT ELIGIBILITY. least a half-time basis, as determined by the forms students that unauthorized distribu- institution; or (a) AMENDMENTS.—Section 484 (20 U.S.C. tion of copyrighted material, including un- 1091) is amended— ‘‘(D) includes— authorized peer-to-peer file sharing, may (1) in subsection (d), by adding at the end ‘‘(i) regular enrollment in courses offered subject the students to civil and criminal li- the following: by the institution; abilities; ‘‘(4) The student shall be determined by ‘‘(ii) auditing or participating in courses ‘‘(ii) a summary of the penalties for viola- the institution of higher education as having offered by the institution for which the stu- tion of Federal copyright laws; the ability to benefit from the education or dent does not receive regular academic cred- ‘‘(iii) a description of the institution’s poli- training offered by the institution of higher it; cies with respect to unauthorized peer-to- education, upon satisfactory completion of 6 ‘‘(iii) enrollment in noncredit, nondegree peer file sharing, including disciplinary ac- credit hours or the equivalent coursework courses; tions that are taken against students who that are applicable toward a degree or cer- ‘‘(iv) participation in internships; or engage in unauthorized distribution of copy- tificate offered by the institution of higher ‘‘(v) a combination of 2 or more of the ac- righted materials using the institution’s in- education.’’; tivities described in clauses (i) through (iv); formation technology system; and (2) by striking subsection (l) and inserting ‘‘(4) be maintaining satisfactory progress ‘‘(iv) a description of actions that the in- the following: in the program as determined by the institu- stitution takes to prevent and detect unau- tion, in accordance with standards estab- ‘‘(l) COURSES OFFERED THROUGH DISTANCE thorized distribution of copyrighted material lished by the institution; and EDUCATION.— on the institution’s information technology ‘‘(5) meet the requirements of paragraphs ‘‘(1) RELATION TO CORRESPONDENCE system; (3), (4), (5), and (6) of subsection (a).’’. COURSES.— ‘‘(Q) student body diversity at the institu- (b) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—A student enrolled in a tion, including information on the percent- made by subsection (a) shall take affect on course of instruction at an institution of July 1, 2008. age of enrolled, full-time students who are— higher education that is offered principally ‘‘(i) male; SEC. 475. STATUTE OF LIMITATIONS AND STATE through distance education and leads to a COURT JUDGMENTS. ‘‘(ii) female; recognized certificate, or associate, bacca- Section 484A (20 U.S.C. 1091a) is amended— ‘‘(iii) from a low-income background; and laureate, or graduate degree, conferred by (1) in subsection (b)— ‘‘(iv) a self-identified member of a major such institution, shall not be considered to (A) in paragraph (1), by striking ‘‘and’’ racial or ethnic group; be enrolled in correspondence courses. after the semicolon; ‘‘(R) the placement in employment of, and ‘‘(B) EXCEPTION.—An institution of higher (B) in paragraph (2), by striking the period types of employment obtained by, graduates education referred to in subparagraph (A) and inserting ‘‘; and’’; and of the institution’s degree or certificate pro- shall not include an institution or school de- (C) by adding at the end the following: grams, gathered from such sources as alumni scribed in section 3(3)(C) of the Carl D. Per- ‘‘(3) in collecting any obligation arising surveys, student satisfaction surveys, the kins Career and Technical Education Act of from a loan made under part E of this title, National Survey of Student Engagement, the 2006. an institution of higher education that has Community College Survey of Student En- ‘‘(2) RESTRICTION OR REDUCTIONS OF FINAN- an agreement with the Secretary pursuant gagement, State data systems, or other rel- CIAL AID.—A student’s eligibility to receive to section 463(a) shall not be subject to a de- evant sources; grants, loans, or work assistance under this fense raised by any borrower based on a ‘‘(S) the types of graduate and professional title shall be reduced if a financial aid officer claim of infancy.’’; and education in which graduates of the institu- determines under the discretionary author- (2) by adding at the end the following: tion’s 4-year degree programs enrolled, gath- ity provided in section 479A that distance ‘‘(d) SPECIAL RULE.—This section shall not ered from such sources as alumni surveys, education results in a substantially reduced apply in the case of a student who is de- student satisfaction surveys, the National cost of attendance to such student. ceased or to a deceased student’s estate or Survey of Student Engagement, State data ‘‘(3) SPECIAL RULE.—For award years prior the estate of such student’s family. If a stu- systems, or other relevant sources; to July 1, 2008, the Secretary shall not take dent is deceased, then the student’s estate or ‘‘(T) the fire safety report prepared by the any compliance, disallowance, penalty, or the estate of the student’s family shall not institution pursuant to subsection (i); and other action against a student or an eligible be required to repay any financial assistance ‘‘(U) the retention rate of certificate- or institution when such action arises out of under this title, including interest paid on degree-seeking, full-time, undergraduate stu- such institution’s prior award of student as- the student’s behalf, collection costs, or dents entering such institution.’’; sistance under this title if the institution other charges specified in this title.’’. (B) by striking paragraph (4) and inserting demonstrates to the satisfaction of the Sec- SEC. 476. INSTITUTIONAL REFUNDS. the following: retary that its course of instruction would (a) AMENDMENT.—Section 484B(c)(2) (20 ‘‘(4) For purposes of this section, institu- have been in conformance with the require- U.S.C. 1091B(c)(2)) is amended by striking tions may— ments of this subsection.’’; and ‘‘may determine the appropriate withdrawal ‘‘(A) exclude from the information dis- (3) by adding at the end the following: date.’’ and inserting ‘‘may determine— closed in accordance with subparagraph (L)

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.076 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7673 of paragraph (1) the completion or gradua- under subsections (b)(1)(M) and (o) of section ‘‘(J) A statement of current campus poli- tion rates of students who leave school to 428, 428H(e)(7), subsections (f) and (l) of sec- cies regarding immediate emergency re- serve in the Armed Forces, on official church tion 455, and section 464(c)(2), and the poten- sponse and evacuation procedures, including missions, or with a recognized foreign aid tial impact of such deferment or forbear- the use of electronic and cellular commu- service of the Federal Government; or ance; nication (if appropriate), which policies shall ‘‘(B) in cases where the students described ‘‘(vii) the consequences of default on such include procedures— in subparagraph (A) represent 20 percent or loans; ‘‘(i) to notify the campus community in a more of the certificate- or degree-seeking, ‘‘(viii) information on the effects of using a reasonable and timely manner in the event full-time, undergraduate students at the in- consolidation loan to discharge the bor- of a significant emergency or dangerous situ- stitution, the institution may recalculate rower’s loans under parts B, D, and E, includ- ation, involving an immediate threat to the the completion or graduation rates of such ing, at a minimum— health or safety of students or staff, occur- students by excluding from the calculation ‘‘(I) the effects of consolidation on total in- ring on the campus; described in paragraph (3) the time period terest to be paid, fees to be paid, and length ‘‘(ii) to publicize emergency response and such students were not enrolled due to their of repayment; evacuation procedures on an annual basis in service in the Armed Forces, on official ‘‘(II) the effects of consolidation on a bor- a manner designed to reach students and church missions, or with a recognized foreign rower’s underlying loan benefits, including staff; and aid service of the Federal Government.’’; and all grace periods, loan forgiveness, cancella- ‘‘(iii) to test emergency response and evac- (C) by adding at the end the following: tion, and deferment opportunities; uation procedures on an annual basis.’’; (B) by redesignating paragraph (15) as ‘‘(7) The information disclosed under sub- ‘‘(III) the ability of the borrower to prepay paragraph (L) of paragraph (1), or reported paragraph (17); and the loan or change repayment plans; and under subsection (e), shall include informa- (C) by inserting after paragraph (14) the ‘‘(IV) that borrower benefit programs may tion disaggregated by gender, by each major following: vary among different loan holders; and racial and ethnic subgroup, by recipients of a ‘‘(15) COMPLIANCE REPORT.—The Secretary ‘‘(ix) a notice to borrowers about the avail- Federal Pell Grant, by recipients of a loan shall annually report to the authorizing ability of the National Student Loan Data made under this part or part D (other than a committees regarding compliance with this loan made under section 428H or a Federal System and how the system can be used by subsection by institutions of higher edu- Direct Unsubsidized Stafford Loan) who did a borrower to obtain information on the sta- cation, including an up-to-date report on the not receive a Federal Pell Grant, and by re- tus of the borrower’s loans.’’; and Secretary’s monitoring of such compliance. (B) by adding at the end the following: cipients of neither a Federal Pell Grant nor ‘‘(16) BEST PRACTICES.—The Secretary may a loan made under this part or part D (other ‘‘(3) Each eligible institution shall, during seek the advice and counsel of the Attorney than a loan made under section 428H or a the exit interview required by this sub- General concerning the development, and Federal Direct Unsubsidized Stafford Loan), section, provide to a borrower of a loan made dissemination to institutions of higher edu- if the number of students in such subgroup under part B, D, or E a clear and conspicuous cation, of best practices information about or with such status is sufficient to yield sta- notice describing the general effects of using campus safety and emergencies.’’; and tistically reliable information and reporting a consolidation loan to discharge the bor- (6) by adding at the end the following: would not reveal personally identifiable in- rower’s student loans, including— ‘‘(h) TRANSFER OF CREDIT POLICIES.— formation about an individual student. If ‘‘(A) the effects of consolidation on total ‘‘(1) DISCLOSURE.—Each institution of high- such number is not sufficient for such pur- interest to be paid, fees to be paid, and er education participating in any program poses, then the institution shall note that length of repayment; under this title shall publicly disclose in a the institution enrolled too few of such stu- ‘‘(B) the effects of consolidation on a bor- readable and comprehensible manner the dents to so disclose or report with confidence rower’s underlying loan benefits, including transfer of credit policies established by the and confidentiality.’’; loan forgiveness, cancellation, and institution which shall include a statement (2) in subsection (b)— deferment; of the institution’s current transfer of credit (A) in paragraph (1)(A), by striking the ‘‘(C) the ability for the borrower to prepay policies that includes, at a minimum— subparagraph designation and all that fol- the loan, pay on a shorter schedule, and to ‘‘(A) any established criteria the institu- lows through ‘‘465.’’ and inserting the fol- change repayment plans, and that borrower tion uses regarding the transfer of credit lowing: benefit programs may vary among different earned at another institution of higher edu- ‘‘(A) Each eligible institution shall, loan holders; cation; and through financial aid offices or otherwise, ‘‘(D) a general description of the types of ‘‘(B) a list of institutions of higher edu- provide counseling to borrowers of loans that tax benefits which may be available to bor- cation with which the institution has estab- are made, insured, or guaranteed under part rowers of student loans; and lished an articulation agreement. B (other than loans made pursuant to sec- ‘‘(E) the consequences of default.’’; ‘‘(2) RULE OF CONSTRUCTION.—Nothing in tion 428C or loans made to parents pursuant (3) in subsection (d)(2)— this subsection shall be construed to— to section 428B), or made under part D (other (A) by inserting ‘‘grant assistance, as well ‘‘(A) authorize the Secretary or the Ac- than Federal Direct Consolidation Loans or as State’’ after ‘‘describing State’’; and creditation and Institutional Quality and In- Federal Direct PLUS Loans made to parents) (B) by inserting ‘‘and other means, includ- tegrity Advisory Committee to require par- or E, prior to the completion of the course of ing through the Internet’’ before the period ticular policies, procedures, or practices by study for which the borrower enrolled at the at the end; institutions of higher education with respect institution or at the time of departure from (4) in subsection (e), by striking paragraph to transfer of credit; such institution. The counseling required by (3) and inserting the following: ‘‘(B) authorize an officer or employee of this subsection shall include— ‘‘(3) For purposes of this subsection, insti- the Department to exercise any direction, ‘‘(i) information on the repayment plans tutions may— supervision, or control over the curriculum, available, including a discussion of the dif- ‘‘(A) exclude from the reporting require- program of instruction, administration, or ferent features of each plan and sample in- ments under paragraphs (1) and (2) the com- personnel of any institution of higher edu- formation showing the difference in interest pletion or graduation rates of students and cation, or over any accrediting agency or as- paid and total payments under each plan; student athletes who leave school to serve in sociation; ‘‘(ii) the average anticipated monthly re- the Armed Forces, on official church mis- ‘‘(C) limit the application of the General payments under the standard repayment sions, or with a recognized foreign aid serv- Education Provisions Act; or plan and, at the borrower’s request, the ice of the Federal Government; or ‘‘(D) create any legally enforceable right other repayment plans for which the bor- ‘‘(B) in cases where the students described on the part of a student to require an insti- rower is eligible; in subparagraph (A) represent 20 percent or tution of higher education to accept a trans- ‘‘(iii) such debt and management strategies more of the certificate- or degree-seeking, fer of credit from another institution. as the institution determines are designed to full-time, undergraduate students at the in- ‘‘(i) DISCLOSURE OF FIRE SAFETY STAND- facilitate the repayment of such indebted- stitution, the institution may calculate the ARDS AND MEASURES.— ness; completion or graduation rates of such stu- ‘‘(1) ANNUAL FIRE SAFETY REPORTS ON STU- ‘‘(iv) an explanation that the borrower has dents by excluding from the calculations de- DENT HOUSING REQUIRED.—Each eligible insti- the ability to prepay each such loan, pay the scribed in paragraph (1) the time period such tution participating in any program under loan on a shorter schedule, and change re- students were not enrolled due to their serv- this title shall, on an annual basis, publish a payment plans; ice in the Armed Forces, on official church fire safety report, which shall contain infor- ‘‘(v) the terms and conditions under which missions, or with a recognized foreign aid mation with respect to the campus fire safe- the student may obtain full or partial for- service of the Federal Government.’’; ty practices and standards of that institu- giveness or cancellation of principal or inter- (5) in subsection (f)— tion, including— est under sections 428J, 460, and 465 (to the (A) in paragraph (1)— ‘‘(A) statistics concerning the following in extent that such sections are applicable to (i) the matter preceding subparagraph (A), each on-campus student housing facility dur- the student’s loans); by inserting ‘‘, other than a foreign institu- ing the most recent calendar years for which ‘‘(vi) the terms and conditions under which tion of higher education,’’ after ‘‘under this data are available— the student may defer repayment of prin- title’’; and ‘‘(i) the number of fires and the cause of cipal or interest or be granted forbearance (ii) by adding at the end the following: each fire;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.076 S29JYPT1 erowe on PRODPC61 with SENATE S7674 CONGRESSIONAL RECORD — SENATE July 29, 2008 ‘‘(ii) the number of injuries related to a proceeding of any court, agency, board, or (B) in paragraph (5) (as added by Public fire that result in treatment at a medical fa- other entity, except with respect to an ac- Law 101–610), by striking ‘‘effectiveness.’’ cility; tion to enforce this subsection.’’. and inserting ‘‘effectiveness;’’; and ‘‘(iii) the number of deaths related to a SEC. 478. ENTRANCE COUNSELING REQUIRED. (C) by redesignating paragraph (5) (as fire; and added by Public Law 101–234) as paragraph ‘‘(iv) the value of property damage caused Section 485 (as amended by section 477) is (6); by a fire; further amended— (2) by redesignating subsections (d) ‘‘(B) a description of each on-campus stu- (1) by redesignating subsections (b) through (g) as subsections (e) through (h), re- dent housing facility fire safety system, in- through (i) as subsections (c) through (j), re- spectively; and cluding the fire sprinkler system; spectively; and (3) by inserting after subsection (c) the fol- ‘‘(C) the number of regular mandatory su- (2) by inserting after subsection (a) the fol- lowing: pervised fire drills; lowing: ‘‘(d) PRINCIPLES FOR ADMINISTERING THE ‘‘(D) policies or rules on portable electrical ‘‘(b) ENTRANCE COUNSELING FOR BOR- DATA SYSTEM.—In managing the National appliances, smoking, and open flames (such ROWERS.— Student Loan Data System, the Secretary as candles), procedures for evacuation, and ‘‘(1) DISCLOSURE REQUIRED PRIOR TO DIS- shall take actions necessary to maintain policies regarding fire safety education and BURSEMENT.— confidence in the data system, including, at training programs provided to students, fac- ‘‘(A) IN GENERAL.—Each eligible institution a minimum— ulty, and staff; and shall, at or prior to the time of a disburse- ‘‘(1) ensuring that the primary purpose of ‘‘(E) plans for future improvements in fire ment to a first-time student borrower of a access to the data system by guaranty agen- safety, if determined necessary by such insti- loan made, insured, or guaranteed under part cies, eligible lenders, and eligible institu- tution. B or D, ensure that the borrower receives tions of higher education is for legitimate ‘‘(2) REPORT TO THE SECRETARY.—Each eli- comprehensive information on the terms and program operations, such as the need to gible institution participating in any pro- conditions of the loan and the responsibil- verify the eligibility of a student, potential gram under this title shall, on an annual ities the borrower has with respect to such student, or parent for loans under part B, D, basis submit to the Secretary a copy of the loan. Such information shall be provided in or E; statistics required to be made available simple and understandable terms and may be ‘‘(2) prohibiting nongovernmental re- under subparagraph (A). provided— searchers and policy analysts from accessing ‘‘(3) CURRENT INFORMATION TO CAMPUS COM- ‘‘(i) during an entrance counseling session personally identifiable information; MUNITY.—Each institution participating in conducted in person; ‘‘(3) creating a disclosure form for students any program under this title shall— ‘‘(ii) on a separate written form provided and potential students that is distributed ‘‘(A) make, keep, and maintain a log, re- to the borrower that the borrower signs and when such students complete the common fi- cording all fires in on-campus student hous- returns to the institution; or nancial reporting form under section 483, and ing facilities, including the nature, date, ‘‘(iii) online, with the borrower acknowl- as a part of the exit counseling process under time, and general location of each fire; and edging receipt and understanding of the in- section 485(b), that— ‘‘(B) make annual reports to the campus formation. ‘‘(A) informs the students that any title IV community on such fires. ‘‘(B) USE OF INTERACTIVE PROGRAMS.—The grant or loan the students receive will be in- ‘‘(4) RESPONSIBILITIES OF THE SECRETARY.— Secretary shall encourage institutions to cluded in the National Student Loan Data The Secretary shall— carry out the requirements of subparagraph System, and instructs the students on how ‘‘(A) make such statistics submitted to the (A) through the use of interactive programs to access that information; Secretary available to the public; and that test the borrowers’ understanding of the ‘‘(B) describes the categories of individuals ‘‘(B) in coordination with nationally recog- terms and conditions of the borrowers’ loans or entities that may access the data relating nized fire organizations and representatives under part B or D, using comprehensible lan- to such grant or loan through the data sys- tem, and for what purposes access is allowed; of institutions of higher education, rep- guage and displays with clear formatting. ‘‘(C) defines and explains the categories of resentatives of associations of institutions of ‘‘(2) INFORMATION TO BE PROVIDED.—The in- information included in the data system; higher education, and other organizations formation provided to the borrower under ‘‘(D) provides a summary of the provisions that represent and house a significant num- paragraph (1)(A) shall include— of the Family Educational Rights and Pri- ber of students— ‘‘(A) an explanation of the use of the Mas- vacy Act of 1974 and other applicable Federal ‘‘(i) identify exemplary fire safety policies, ter Promissory Note; privacy statutes, and a statement of the stu- procedures, programs, and practices; ‘‘(B) in the case of a loan made under sec- dents’ rights and responsibilities with re- ‘‘(ii) disseminate information to the Ad- tion 428B or 428H, a Federal Direct PLUS spect to such statutes; ministrator of the United States Fire Ad- Loan, or a Federal Direct Unsubsidized Staf- ‘‘(E) explains the measures taken by the ministration; ford Loan— Department to safeguard the students’ data; ‘‘(iii) make available to the public infor- ‘‘(i) the ability of the borrower to pay the and mation concerning those policies, proce- interest while the borrower is in school; and dures, programs, and practices that have ‘‘(F) includes other information as deter- ‘‘(ii) how often interest is capitalized; proven effective in the reduction of fires; and mined appropriate by the Secretary; ‘‘(C) the definition of half-time enrollment ‘‘(iv) develop a protocol for institutions to ‘‘(4) requiring guaranty agencies, eligible at the institution, during regular terms and review the status of their fire safety sys- lenders, and eligible institutions of higher summer school, if applicable, and the con- tems. education that enter into an agreement with sequences of not maintaining half-time en- ‘‘(5) RULES OF CONSTRUCTION.—Nothing in a potential student, student, or parent of rollment; this subsection shall be construed to— such student regarding a loan under part B, ‘‘(D) an explanation of the importance of ‘‘(A) authorize the Secretary to require D, or E, to inform the student or parent that contacting the appropriate institutional of- particular policies, procedures, programs, or such loan shall be— fices if the borrower withdraws prior to com- practices by institutions of higher education ‘‘(A) submitted to the data system; and pleting the borrower’s program of study so with respect to fire safety, other than with ‘‘(B) accessible to guaranty agencies, eligi- that the institution can provide exit coun- respect to the collection, reporting, and dis- ble lenders, and eligible institutions of high- seling, including information regarding the semination of information required by this er education determined by the Secretary to borrower’s repayment options and loan con- subsection; be authorized users of the data system; solidation; ‘‘(B) affect the Family Educational Rights ‘‘(5) regularly reviewing the data system ‘‘(E) the obligation of the borrower to and Privacy Act of 1974 or the regulations to— repay the full amount of the loan even if the issued under section 264 of the Health Insur- ‘‘(A) delete inactive users from the data borrower does not complete the program in ance Portability and Accountability Act of system; which the borrower is enrolled; 1996 (42 U.S.C. 1320d–2 note); ‘‘(B) ensure that the data in the data sys- ‘‘(F) information on the National Student ‘‘(C) create a cause of action against any tem are not being used for marketing pur- Loan Data System and how the borrower can institution of higher education or any em- poses; and access the borrower’s records; and ployee of such an institution for any civil li- ‘‘(C) monitor the use of the data system by ‘‘(G) the name of an individual the bor- ability; and guaranty agencies and eligible lenders to de- rower may contact if the borrower has any ‘‘(D) establish any standard of care. termine whether an agency or lender is ac- questions about the borrower’s rights and re- ‘‘(6) COMPLIANCE REPORT.—The Secretary cessing the records of students in which the sponsibilities or the terms and conditions of shall annually report to the authorizing agency or lender has no existing financial in- the loan.’’. committees regarding compliance with this terest; and subsection by institutions of higher edu- SEC. 479. NATIONAL STUDENT LOAN DATA SYS- ‘‘(6) developing standardized protocols for cation, including an up-to-date report on the TEM. limiting access to the data system that in- Secretary’s monitoring of such compliance. Section 485B (20 U.S.C. 1092b) is amended— clude— ‘‘(7) EVIDENCE.—Notwithstanding any other (1) in subsection (a)— ‘‘(A) collecting data on the usage of the provision of law, evidence regarding compli- (A) by redesignating paragraphs (6) data system to monitor whether access has ance or noncompliance with this subsection through (10) as paragraphs (7) through (11), been or is being used contrary to the pur- shall not be admissible as evidence in any respectively; poses of the data system;

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‘‘(B) defining the steps necessary for deter- ‘‘(2) MIDDLE SCHOOL STUDENTS.—The Sec- relevant independent research and the infor- mining whether, and how, to deny or restrict retary, in cooperation with States, institu- mation and dissemination strategies found access to the data system; and tions of higher education, other organiza- most effective in implementing paragraphs ‘‘(C) determining the steps necessary to re- tions involved in college access and student (1) through (4). open access to the data system following a financial aid, middle schools, and programs ‘‘(c) AVAILABILITY OF NONBINDING ESTI- denial or restriction of access.’’; and under this title that serve middle school stu- MATES OF FEDERAL FINANCIAL AID ELIGI- (4) by striking subsection (e) (as redesig- dents, shall make special efforts to notify BILITY.— nated by paragraph (1)) and inserting the fol- students and their parents of the availability ‘‘(1) IN GENERAL.—The Secretary, in co- lowing: of financial aid under this title and, in ac- operation with States, institutions of higher ‘‘(e) REPORTS TO CONGRESS.— cordance with subsection (c), shall provide education, and other agencies and organiza- ‘‘(1) ANNUAL REPORT.—Not later than Sep- nonbinding estimates of grant and loan aid tions involved in student financial aid, shall tember 30 of each fiscal year, the Secretary that an individual may be eligible for under provide, via a printed form and the Internet shall prepare and submit to the appropriate this title upon completion of an application or other electronic means, the capability for committees of Congress a report describing— form under section 483(a). The Secretary individuals to determine easily, by entering ‘‘(A) the results obtained by the establish- shall ensure that such information is as ac- relevant data, nonbinding estimates of ment and operation of the National Student curate as possible and that such information amounts of grant and loan aid an individual Loan Data System authorized by this sec- is provided in an age-appropriate format may be eligible for under this title upon tion; using dissemination mechanisms suitable for completion and processing of an application ‘‘(B) the effectiveness of existing privacy students in middle school. and enrollment in an institution of higher safeguards in protecting student and parent ‘‘(3) SECONDARY SCHOOL STUDENTS.—The education. information in the data system; Secretary, in cooperation with States, insti- ‘‘(2) DATA ELEMENTS.—The Secretary, in ‘‘(C) the success of any new authorization tutions of higher education, other organiza- cooperation with States, institutions of protocols in more effectively preventing tions involved in college access and student higher education, and other agencies and or- abuse of the data system; financial aid, secondary schools, and pro- ganizations involved in student financial aid, ‘‘(D) the ability of the Secretary to mon- grams under this title that serve secondary shall determine the data elements that are itor how the system is being used, relative to school students, shall make special efforts to necessary to create a simplified form that the intended purposes of the data system; notify students in secondary school and their individuals can use to obtain easily non- and parents, as early as possible but not later binding estimates of the amounts of grant ‘‘(E) any protocols developed under sub- than such students’ junior year of secondary and loan aid an individual may be eligible section (d)(6) during the preceding fiscal school, of the availability of financial aid for under this title. year. under this title and, in accordance with sub- ‘‘(3) QUALIFICATION TO USE SIMPLIFIED AP- PLICATION.—The capability provided under ‘‘(2) STUDY.— section (c), shall provide nonbinding esti- this paragraph shall include the capability ‘‘(A) IN GENERAL.—The Secretary shall con- mates of the amounts of grant and loan aid duct a study regarding— that an individual may be eligible for under to determine whether the individual is eligi- ‘‘(i) available mechanisms for providing this title upon completion of an application ble to submit a simplified application form under paragraph (2)(B) or (3)(B) of section students and parents with the ability to opt form under section 483(a). The Secretary 483(a).’’. in or opt out of allowing eligible lenders to shall ensure that such information is as ac- access their records in the National Student curate as possible and that such information SEC. 481. PROGRAM PARTICIPATION AGREE- MENTS. Loan Data System; and is provided in an age-appropriate format using dissemination mechanisms suitable for Section 487 (20 U.S.C. 1094) is amended— ‘‘(ii) appropriate protocols for limiting ac- (1) in subsection (a)— cess to the data system, based on the risk as- students in secondary school. ‘‘(4) ADULT LEARNERS.—The Secretary, in (A) by redesignating paragraphs (21), (22), sessment required under subchapter III of and (23) as paragraphs (22), (23), and (24), re- chapter 35 of title 44, United States Code. cooperation with States, institutions of higher education, other organizations in- spectively; ‘‘(B) SUBMISSION OF STUDY.—Not later than volved in college access and student finan- (B) by inserting after paragraph (20) the 3 years after the date of enactment of the cial aid, employers, workforce investment following: Higher Education Amendments of 2007, the boards and public libraries, shall make spe- ‘‘(21) CODE OF CONDUCT.— Secretary shall prepare and submit a report cial efforts to provide individuals who would ‘‘(A) IN GENERAL.—The institution will es- on the findings of the study to the appro- qualify as independent students, as defined tablish, follow, and enforce a code of conduct priate committees of Congress.’’. in section 480(d), with information regarding regarding student loans that includes not SEC. 480. EARLY AWARENESS OF FINANCIAL AID the availability of financial aid under this less than the following: ELIGIBILITY. title and, in accordance with subsection (c), ‘‘(i) REVENUE SHARING PROHIBITION.—The Part G of title IV (20 U.S.C. 1088 et seq.) is with nonbinding estimates of the amounts of institution is prohibited from receiving any- further amended by inserting after section thing of value from any lender in exchange 485D (20 U.S.C. 1092c) the following: grant and loan aid that an individual may be eligible for under this title upon completion for any advantage sought by the lender to ‘‘SEC. 485E. EARLY AWARENESS OF FINANCIAL of an application form under section 483(a). make educational loans to a student en- AID ELIGIBILITY. The Secretary shall ensure that such infor- rolled, or who is expected to be enrolled, at ‘‘(a) IN GENERAL.—The Secretary shall im- plement, in cooperation with States, institu- mation— the institution, except that an institution tions of higher education, secondary schools, ‘‘(A) is as accurate as possible; shall not be prohibited from receiving a phil- middle schools, early intervention and out- ‘‘(B) includes specific information regard- anthropic contribution from a lender if the reach programs under this title, other agen- ing the availability of financial aid for stu- contribution is not made in exchange for any cies and organizations involved in student fi- dents qualified as independent students, as such advantage. nancial assistance and college access, public defined in section 480(d); and ‘‘(ii) GIFT AND TRIP PROHIBITION.—Any em- libraries, community centers, employers, ‘‘(C) uses dissemination mechanisms suit- ployee who is employed in the financial aid and businesses, a comprehensive system of able for adult learners. office of the institution, or who otherwise early financial aid information in order to ‘‘(5) PUBLIC AWARENESS CAMPAIGN.—Not has responsibilities with respect to edu- provide students and families with early in- later than 2 years after the date of enact- cational loans or other financial aid of the formation about financial aid and early esti- ment of the Higher Education Amendments institution, is prohibited from taking from mates of such students’ eligibility for finan- of 2007, the Secretary, in coordination with any lender any gift or trip worth more than cial aid from multiple sources. Such system States, institutions of higher education, nominal value, except for reasonable ex- shall include the activities described in sub- early intervention and outreach programs penses for professional development that will sections (b) and (c). under this title, other agencies and organiza- improve the efficiency and effectiveness of ‘‘(b) COMMUNICATION OF AVAILABILITY OF tions involved in student financial aid, local programs under this title and for domestic AID AND AID ELIGIBILITY.— educational agencies, public libraries, com- travel to such professional development. ‘‘(1) STUDENTS WHO RECEIVE BENEFITS.—The munity centers, businesses, employers, em- ‘‘(iii) CONTRACTING ARRANGEMENTS.—Any Secretary shall— ployment services, workforce investment employee who is employed in the financial ‘‘(A) make special efforts to notify stu- boards, and movie theaters, shall implement aid office of the institution, or who other- dents, who receive or are eligible to receive a public awareness campaign in order to in- wise has responsibilities with respect to edu- benefits under a Federal means-tested ben- crease national awareness regarding the cational loans or other financial aid of the efit program (including the food stamp pro- availability of financial aid under this title. institution, shall be prohibited from entering gram under the Food Stamp Act of 1977 (7 The public awareness campaign shall dis- into any type of consulting arrangement or U.S.C. 2011 et seq.)) or another such benefit seminate accurate information regarding the other contract to provide services to a lend- program as determined by the Secretary, of availability of financial aid under this title er. such students’ potential eligibility for a and shall be implemented, to the extent ‘‘(iv) ADVISORY BOARD COMPENSATION.—Any maximum Federal Pell Grant under subpart practicable, using a variety of media, includ- employee who is employed in the financial 1 of part A; and ing print, television, radio and the Internet. aid office of the institution, or who other- ‘‘(B) disseminate such informational mate- The Secretary shall design and implement wise has responsibilities with respect to edu- rials as the Secretary determines necessary. the public awareness campaign based upon cational loans or other student financial aid

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.076 S29JYPT1 erowe on PRODPC61 with SENATE S7676 CONGRESSIONAL RECORD — SENATE July 29, 2008 of the institution, and who serves on an advi- ‘‘(aa) specifically indicates, for each lender program participation agreement with the sory board, commission, or group established on the list, whether the lender is or is not an Secretary under subsection (a) willfully con- by a lender or group of lenders shall be pro- affiliate of each other lender on the list; and travened the institution’s attestation of hibited from receiving anything of value ‘‘(bb) if the lender is an affiliate of another compliance with the provisions of subsection from the lender or group of lenders, except lender on the list, describes the specifics of (a)(21), the Secretary may impose a penalty that the employee may be reimbursed for such affiliation; and described in paragraph (2). reasonable expenses incurred in serving on ‘‘(iii) establish a process to ensure that ‘‘(2) PENALTIES.—A violation of paragraph such advisory board, commission or group. lenders are placed upon the preferred lender (1) shall result in the limitation, suspension, ‘‘(v) INTERACTION WITH BORROWERS.—The list on the basis of the benefits provided to or termination of the eligibility of the insti- institution will not— borrowers, including — tution for the loan programs under this ‘‘(I) for any first-time borrower, assign, ‘‘(I) highly competitive interest rates, title.’’; and through award packaging or other methods, terms, or conditions for loans made under (5) by adding at the end the following: part B; ‘‘(h) IMPLEMENTATION OF NONTITLE IV REV- the borrower’s loan to a particular lender; ‘‘(II) high-quality customer service for ENUE REQUIREMENT.— and such loans; or ‘‘(1) CALCULATION.—In carrying out sub- ‘‘(II) refuse to certify, or, delay certifi- ‘‘(III) additional benefits beyond the stand- section (a)(27), a proprietary institution of cation of, any loan in accordance with para- ard terms and conditions for such loans. higher education (as defined in section graph (6) based on the borrower’s selection of ‘‘(B) DEFINITION OF AFFILIATE; CONTROL.— 102(b)) shall use the cash basis of accounting a particular lender or guaranty agency. ‘‘(i) DEFINITION OF AFFILIATE.—For the pur- and count the following funds as from ‘‘(B) DESIGNATION.—The institution will poses of subparagraph (A)(ii) the term ‘affil- sources of funds other than funds provided designate an individual who shall be respon- iate’ means a person that controls, is con- under this title: sible for signing an annual attestation on be- trolled by, or is under common control with, ‘‘(A) Funds used by students from sources half of the institution that the institution another person. other than funds received under this title to agrees to, and is in compliance with, the re- ‘‘(ii) CONTROL.—For purposes of subpara- pay tuition, fees, and other institutional quirements of the code of conduct described graph (A)(ii), a person has control over an- charges to the institution, provided the in- in this paragraph. Such individual shall be other person if— stitution can reasonably demonstrate that the chief executive officer, chief operating ‘‘(I) the person directly or indirectly, or such funds were used for such purposes. officer, chief financial officer, or comparable acting through 1 or more others, owns, con- ‘‘(B) Funds used by the institution to sat- official, of the institution, and shall annu- trols, or has the power to vote 5 percent or isfy matching-fund requirements for pro- ally submit the signed attestation to the more of any class of voting securities of such grams under this title. Secretary. other person; ‘‘(C) Funds used by a student from savings ‘‘(C) AVAILABILITY.—The institution will ‘‘(II) the person controls, in any manner, plans for educational expenses established by make the code of conduct widely available to the election of a majority of the directors or or on behalf of the student and which qualify the institution’s faculty members, students, trustees of such other person; or for special tax treatment under the Internal and parents through a variety of means, in- ‘‘(III) the Secretary determines (after no- Revenue Code of 1986. cluding the institution’s website.’’; tice and opportunity for a hearing) that the ‘‘(D) Funds paid by a student, or on behalf (C) in paragraph (24) (as redesignated by person directly or indirectly exercises a con- of a student by a party other than the insti- subparagraph (A)), by adding at the end the trolling interest over the management or tution, to the institution for an education or following: policies of such other person. training program that is not eligible for ‘‘(D) In the case of a proprietary institu- ‘‘(C) LIST OF LENDER AFFILIATES.—The Sec- funds under this title, provided that the pro- tion of higher education as defined in section retary, in consultation with the Director of gram is approved or licensed by the appro- 102(b), the institution shall be considered in the Federal Deposit Insurance Corporation, priate State agency or an accrediting agency compliance with the requirements of sub- shall maintain and update a list of lender af- recognized by the Secretary. paragraph (A) for any student to whom the filiates of all eligible lenders, and shall pro- ‘‘(E) Funds generated by the institution institution electronically transmits a mes- vide such list to the eligible institutions for from institutional activities that are nec- sage containing a voter registration form ac- use in carrying out subparagraph (A).’’; essary for the education and training of the ceptable for use in the State in which the in- (2) in subsection (c)(1)(A)(i), by inserting ‘‘, institution’s students, if such activities are— stitution is located, or an Internet address except that the Secretary may modify the ‘‘(i) conducted on campus or at a facility where such a form can be downloaded, if such requirements of this clause with regard to an under the control of the institution; information is in an electronic message de- institution outside the United States’’ before ‘‘(ii) performed under the supervision of a voted solely to voter registration.’’; and the semicolon at the end; member of the institution’s faculty; and (D) by adding at the end the following: (3) by redesignating subsections (d) and (e) ‘‘(iii) required to be performed by all stu- ‘‘(25) In the case of a proprietary institu- as subsection (f) and (g), respectively; (4) by inserting after subsection (c) the fol- dents in a specific educational program at tion of higher education as defined in section the institution. 102(b), the institution will, as calculated in lowing: ‘‘(d) INSTITUTIONAL REQUIREMENTS FOR ‘‘(F) Institutional aid, as follows: accordance with subsection (h)(1), have not TEACH-OUTS.— ‘‘(i) In the case of loans made by the insti- less than 10 percent of its revenues from ‘‘(1) IN GENERAL.—In the event the Sec- tution, only the amount of loan repayments sources other than funds provided under this retary initiates the limitation, suspension, received by the institution during the fiscal title, or will be subject to the sanctions de- or termination of the participation of an in- year for which the determination is made. scribed in subsection (h)(2). stitution of higher education in any program ‘‘(ii) In the case of scholarships provided by ‘‘(26) PREFERRED LENDER LISTS.— under this title under the authority of sub- the institution, only those scholarship funds ‘‘(A) IN GENERAL.—In the case of an institu- section (c)(1)(F) or initiates an emergency provided by the institution that are— tion (including an employee or agent of an action under the authority of subsection ‘‘(I) in the form of monetary aid based institution) that maintains a preferred lend- (c)(1)(G) and its prescribed regulations, the upon the academic achievements or financial er list, in print or any other medium, Secretary shall require that institution to need of students; and through which the institution recommends prepare a teach-out plan for submission to ‘‘(II) disbursed during the fiscal year for one or more specific lenders for loans made the institution’s accrediting agency or asso- which the determination is made from an es- under part B to the students attending the ciation in compliance with section 496(c)(4), tablished restricted account and only to the institution (or the parents of such students), the Secretary’s regulations on teach-out extent that the funds in that account rep- the institution will— plans, and the standards of the institution’s resent designated funds from an outside ‘‘(i) clearly and fully disclose on the pre- accrediting agency or association. source or income earned on those funds. ferred lender list— ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub- ‘‘(iii) In the case of tuition discounts, only ‘‘(I) why the institution has included each section, the term ‘teach-out plan’ means a those tuition discounts based upon the aca- lender as a preferred lender, especially with written plan that provides for the equitable demic achievement or financial need of stu- respect to terms and conditions favorable to treatment of students if an institution of dents. the borrower; and higher education ceases to operate before all ‘‘(2) SANCTIONS.— ‘‘(II) that the students attending the insti- students have completed their program of ‘‘(A) FAILURE TO MEET REQUIREMENT FOR 1 tution (or the parents of such students) do study, and may include, if required by the in- YEAR.—In addition to such other means of not have to borrow from a lender on the pre- stitution’s accrediting agency or association, enforcing the requirements of this title as ferred lender list; an agreement between institutions for such a may be available to the Secretary, if an in- ‘‘(ii) ensure, through the use of the list teach-out plan. stitution fails to meet the requirements of provided by the Secretary under subpara- ‘‘(e) VIOLATION OF CODE OF CONDUCT RE- subsection (a)(27) in any year, the Secretary graph (C), that— GARDING STUDENT LOANS.— may impose 1 or both of the following sanc- ‘‘(I) there are not less than 3 lenders named ‘‘(1) IN GENERAL.—Upon a finding by the tions on the institution: on the preferred lending list that are not af- Secretary, after reasonable notice and an op- ‘‘(i) Place the institution on provisional filiates of each other; and portunity for a hearing, that an institution certification in accordance with section ‘‘(II) the preferred lender list— of higher education that has entered into a 498(h) until the institution demonstrates, to

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the satisfaction of the Secretary, that it is SEC. 484. PURPOSE OF ADMINISTRATIVE PAY- ‘‘(3) CONSULTATION.— in compliance with subsection (a)(27). MENTS. ‘‘(A) IN GENERAL.—In carrying out the re- ‘‘(ii) Require such other increased moni- Section 489(b) (20 U.S.C. 1096(b)) is amended view and analysis under paragraph (2), the toring and reporting requirements as the by striking ‘‘offsetting the administrative Advisory Committee shall consult with the Secretary determines necessary until the in- costs of’’ and inserting ‘‘administering’’. Secretary, relevant representatives of insti- stitution demonstrates, to the satisfaction of SEC. 485. ADVISORY COMMITTEE ON STUDENT FI- tutions of higher education, and individuals NANCIAL ASSISTANCE. the Secretary, that it is in compliance with who have expertise and experience with the Section 491 (20 U.S.C. 1098) is amended— subsection (a)(27). regulations issued under this title, in accord- (1) in subsection (a)(2)— ance with subparagraph (B). ‘‘(B) FAILURE TO MEET REQUIREMENT FOR 2 (A) in subparagraph (B), by striking ‘‘and’’ ‘‘(B) REVIEW PANELS.—The Advisory Com- YEARS.—An institution that fails to meet the after the semicolon; requirements of subsection (a)(27) for 2 con- mittee shall convene not less than 2 review (B) in subparagraph (C), by striking the pe- panels of representatives of the groups in- secutive years shall be ineligible to partici- riod and inserting a semicolon; and pate in the programs authorized under this volved in student financial assistance pro- (C) by adding at the end the following: grams under this title who have experience title until the institution demonstrates, to ‘‘(D) to provide knowledge and under- the satisfaction of the Secretary, that it is and expertise in the regulations issued under standing of early intervention programs, and this title to review the regulations under in compliance with subsection (a)(27). to make recommendations that will result in ‘‘(3) PUBLIC AVAILABILITY OF INFORMA- this title, and to provide recommendations early awareness by low- and moderate-in- to the Advisory Committee with respect to TION.—The Secretary shall make publicly come students and families— available, through the means described in the review and analysis under paragraph (2). ‘‘(i) of their eligibility for assistance under The panels shall be made up of experts in subsection (b) of section 131, any institution this title; and that fails to meet the requirements of sub- areas such as the operations of the financial ‘‘(ii) to the extent practicable, of their eli- assistance programs, the institutional eligi- section (a)(27) in any year as an institution gibility for other forms of State and institu- that is failing to meet the minimum non- bility requirements for the financial assist- tional need-based student assistance; and ance programs, regulations not directly re- Federal source of revenue requirements of ‘‘(E) to make recommendations that will such subsection (a)(27).’’. lated to the operations or the institutional expand and improve partnerships among the eligibility requirements of the financial as- Federal Government, States, institutions of SEC. 482. REGULATORY RELIEF AND IMPROVE- sistance programs, and regulations for dis- MENT. higher education, and private entities to in- semination of information to students about crease the awareness and the total amount the financial assistance programs. Section 487A(b) (20 U.S.C. 1094a(b)) is of need-based student assistance available to ‘‘(4) REPORTS TO CONGRESS.—The Advisory amended— low- and moderate-income students.’’; Committee shall submit, not later than 2 (1) in paragraph (1)— (2) in subsection (c), by adding at the end years after the completion of the negotiated (A) by striking ‘‘1998’’ and inserting ‘‘2007’’ the following: rulemaking process required under section ; and ‘‘(3) The appointment of a member under 492 resulting from the amendments to this (B) by striking ‘‘1999’’ and inserting ‘‘2008’’; subparagraph (A) or (B) of paragraph (1) shall Act made by the Higher Education Amend- and be effective upon confirmation of the mem- ments of 2007, a report to the authorizing (2) by striking the matter preceding para- ber by the Senate and publication of such ap- committees and the Secretary detailing the graph (2)(A) and inserting the following: pointment in the Congressional Record.’’; expert panels’ findings and recommendations ‘‘(2) REPORT.—The Secretary shall review (3) in subsection (d)(6), by striking ‘‘, but with respect to the review and analysis and evaluate the experience of institutions nothing’’ and all that follows through ‘‘or under paragraph (2). participating as experimental sites and analyses’’; ‘‘(5) ADDITIONAL SUPPORT.—The Secretary shall, on a biennial basis, submit a report (4) in subsection (j)— (A) in paragraph (1)— and the Inspector General of the Department based on the review and evaluation to the shall provide such assistance and resources authorizing committees. Such report shall (i) by inserting ‘‘and simplification’’ after ‘‘modernization’’ each place the term ap- to the Advisory Committee as the Secretary include—’’; and and Inspector General determine are nec- (3) in paragraph (3)— pears; and (ii) by striking ‘‘including’’ and all that essary to conduct the review required by this (A) in subparagraph (A)— subsection. (i) by striking ‘‘Upon the submission of the follows through ‘‘Department,’’; and report required by paragraph (2), the’’ and (B) by striking paragraphs (4) and (5) and ‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO inserting ‘‘The’’; and inserting the following: BACCALAUREATE DEGREE ATTAINMENT.— ‘‘(1) STUDY REQUIRED.—The Advisory Com- (ii) by inserting ‘‘periodically’’ after ‘‘au- ‘‘(4) conduct a review and analysis of regu- mittee shall conduct a study of the feasi- thorized to’’; lations in accordance with subsection (l); and bility of increasing baccalaureate degree at- (B) by striking subparagraph (B); ‘‘(5) conduct a study in accordance with tainment rates by reducing the costs and fi- (C) by redesignating subparagraph (C) as subsection (m).’’; nancial barriers to attaining a baccalaureate subparagraph (B); and (5) in subsection (k), by striking ‘‘2004’’ and degree through innovative programs. (D) in subparagraph (B) (as redesignated by inserting ‘‘2013’’; and ‘‘(2) SCOPE OF STUDY.—The Advisory Com- subparagraph (C))— (6) by adding at the end the following: ‘‘(l) REVIEW AND ANALYSIS OF REGULA- mittee shall examine new and existing pro- (i) by inserting ‘‘, including requirements TIONS.— grams that promote baccalaureate degree at- related to the award process and disburse- ‘‘(1) RECOMMENDATIONS.—The Advisory tainment through innovative ways, such as ment of student financial aid (such as inno- Committee shall make recommendations to dual or concurrent enrollment programs, vative delivery systems for modular or com- the Secretary and Congress for consideration changes made to the Federal Pell Grant pro- pressed courses, or other innovative sys- of future legislative action regarding redun- gram, simplification of the needs analysis tems), verification of student financial aid dant or outdated regulations under this title, process, compressed or modular scheduling, application data, entrance and exit inter- consistent with the Secretary’s requirements articulation agreements, and programs that views, or other management procedures or under section 498B. allow 2-year institutions of higher education processes as determined in the negotiated ‘‘(2) REVIEW AND ANALYSIS OF REGULA- to offer baccalaureate degrees. rulemaking process under section 492’’ after TIONS.—The Advisory Committee shall con- ‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In ‘‘requirements in this title’’; duct a review and analysis of the regulations performing the study described in this sub- (ii) by inserting ‘‘(other than an award rule issued under this title that are in effect at section, the Advisory Committee shall exam- related to an experiment in modular or com- the time of the review and that apply to the ine the following aspects of such innovative pressed schedules)’’ after ‘‘award rules’’; and operations or activities of participants in the programs: (iii) by inserting ‘‘unless the waiver of such programs assisted under this title. The re- ‘‘(A) The impact of such programs on bac- provisions is authorized by another provision view and analysis may include a determina- calaureate attainment rates. under this title’’ before the period at the tion of whether the regulation is duplicative, ‘‘(B) The degree to which a student’s total end. is no longer necessary, is inconsistent with cost of attaining a baccalaureate degree can SEC. 483. TRANSFER OF ALLOTMENTS. other Federal requirements, or is overly bur- be reduced by such programs. densome. In conducting the review, the Advi- ‘‘(C) The ways in which low- and moderate- Section 488 (20 U.S.C. 1095) is amended in sory Committee shall pay specific attention income students can be specifically targeted the first sentence— to evaluating ways in which regulations by such programs. (1) in paragraph (1), by striking ‘‘and’’ under this title affecting institutions of ‘‘(D) The ways in which nontraditional stu- after the semicolon; higher education (other than institutions de- dents can be specifically targeted by such (2) in paragraph (2), by striking ‘‘413D.’’ scribed in section 102(a)(1)(C)), that have re- programs. and inserting ‘‘413D; and’’; and ceived in each of the 2 most recent award ‘‘(E) The cost-effectiveness for the Federal (3) by adding at the end ‘‘(3) transfer 25 years prior to the date of enactment of the Government, States, and institutions of percent of the institution’s allotment under Higher Education Amendments of 2007 less higher education to implement such pro- section 413D to the institution’s allotment than $200,000 in funds through this title, may grams. under section 442.’’. be improved, streamlined, or eliminated. ‘‘(4) CONSULTATION.—

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‘‘(A) IN GENERAL.—In performing the study a distance education course or program is ‘‘(B) The accrediting agency acts to with- described in this subsection the Advisory the same student who participates in and draw, terminate, or suspend the accredita- Committee shall consult with a broad range completes the program and receives the aca- tion of an institution. of interested parties in higher education, in- demic credit;’’; ‘‘(C) The institution notifies the accred- cluding parents, students, appropriate rep- (B) in paragraph (5), by striking subpara- iting agency that the institution intends to resentatives of secondary schools and insti- graph (A) and inserting the following: cease operations.’’; tutions of higher education, appropriate ‘‘(A) success with respect to student (D) in paragraph (8) (as redesignated by State administrators, administrators of dual achievement in relation to the institution’s subparagraph (B)), by striking ‘‘and’’ after or concurrent enrollment programs, and ap- mission, which may include different stand- the semicolon; propriate Department officials. ards for different institutions or programs, (E) in subparagraph (9) (as redesignated by ‘‘(B) CONGRESSIONAL CONSULTATION.—The as established by the institution, including, subparagraph (B)), by striking the period and Advisory Committee shall consult on a reg- as appropriate, consideration of State licens- inserting ‘‘; and’’; and ular basis with the authorizing committees ing examinations and job placement rates;’’; (F) by adding at the end the following: in carrying out the study required by this (C) by striking paragraph (6) and inserting ‘‘(10) confirms, as a part of the agency or section. the following: association’s review for accreditation or re- ‘‘(5) REPORTS TO CONGRESS.— ‘‘(6) such an agency or association shall es- accreditation, that the institution has trans- ‘‘(A) INTERIM REPORT.—The Advisory Com- tablish and apply review procedures through- fer of credit policies— mittee shall prepare and submit to the au- out the accrediting process, including eval- ‘‘(A) that are publicly disclosed; and thorizing committees and the Secretary an uation and withdrawal proceedings which ‘‘(B) that include a statement of the cri- interim report, not later than 1 year after comply with due process procedures that teria established by the institution regard- the date of enactment of the Higher Edu- ing the transfer of credit earned at another provide for— cation Amendments of 2007, describing the institution of higher education.’’; ‘‘(A) adequate specification of require- progress that has been made in conducting (3) in subsection (g), by adding at the end ments and deficiencies at the institution of the study required by this subsection and the following: ‘‘Nothing in this section shall higher education or program examined; any preliminary findings on the topics iden- be construed to permit the Secretary to es- ‘‘(B) an opportunity for a written response tified under paragraph (2). tablish any criteria that specifies, defines, or by any such institution to be included, prior ‘‘(B) FINAL REPORT.—The Advisory Com- prescribes the standards that accrediting to final action, in the evaluation and with- mittee shall, not later than 3 years after the agencies or associations shall use to assess drawal proceedings; date of enactment of the Higher Education any institution’s success with respect to stu- ‘‘(C) upon the written request of an institu- Amendments of 2007, prepare and submit to dent achievement.’’; and tion, an opportunity for the institution to the authorizing committees and the Sec- (4) in subsection (o), by adding at the end retary a final report on the study, including appeal any adverse action, including denial, the following: ‘‘Notwithstanding any other recommendations for legislative, regulatory, withdrawal, suspension, or termination of provision of law, the Secretary shall not pro- and administrative changes based on find- accreditation, or placement on probation of mulgate any regulation with respect to sub- ings related to the topics identified under an institution, at a hearing prior to such ac- section (a)(5).’’. tion becoming final, before an appeals panel paragraph (2).’’. SEC. 492. ADMINISTRATIVE CAPACITY STANDARD. that— SEC. 486. REGIONAL MEETINGS. Section 498 (20 U.S.C. 1099c) is amended— ‘‘(i) shall not include current members of Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is (1) in subsection (d)(1)(B), by inserting the agency or association’s underlying deci- amended by inserting ‘‘State student grant ‘‘and’’ after the semicolon; and sion-making body that made the adverse de- agencies,’’ after ‘‘institutions of higher edu- (2) by adding at the end the following: cision; and cation,’’. ‘‘(k) TREATMENT OF TEACH-OUTS AT ADDI- ‘‘(ii) is subject to a conflict of interest pol- SEC. 487. YEAR 2000 REQUIREMENTS AT THE DE- TIONAL LOCATIONS.— icy; and PARTMENT. ‘‘(1) IN GENERAL.—A location of a closed in- (a) REPEAL.—Section 493A (20 U.S.C. 1098c) ‘‘(D) the right to representation by counsel stitution of higher education shall be eligi- is repealed. for such an institution during an appeal of ble as an additional location of an eligible (b) REDESIGNATION.—Section 493B (20 the adverse action;’’; and institution of higher education, as defined U.S.C. 1098d) is redesignated as section 493A. (D) by striking paragraph (8) and inserting pursuant to regulations of the Secretary, for PART G—PROGRAM INTEGRITY the following: the purposes of a teach-out, if such teach-out ‘‘(8) such agency or association shall make has been approved by the institution’s ac- SEC. 491. RECOGNITION OF ACCREDITING AGEN- available to the public and the State licens- CY OR ASSOCIATION. crediting agency. ing or authorizing agency, and submit to the Section 496 (20 U.S.C. 1099b) is amended— ‘‘(2) SPECIAL RULE.—An institution of high- Secretary, a summary of agency or associa- (1) in subsection (a)— er education that conducts a teach-out (A) by striking paragraph (4) and inserting tion actions, including— through the establishment of an additional the following: ‘‘(A) the award of accreditation or re- location described in paragraph (1) shall be ‘‘(4)(A) such agency or association consist- accreditation of an institution; permitted to establish a permanent addi- ently applies and enforces standards that re- ‘‘(B) final denial, withdrawal, suspension, tional location at a closed institution and spect the stated mission of the institution of or termination of accreditation, or place- shall not be required— higher education, including religious mis- ment on probation of an institution, and any ‘‘(A) to meet the requirements of sections sions, and that ensure that the courses or findings made in connection with the action 102(b)(1)(E) and 102(c)(1)(C) for such addi- programs of instruction, training, or study taken, together with the official comments tional location; or offered by the institution of higher edu- of the affected institution; and ‘‘(B) to assume the liabilities of the closed cation, including distance education courses ‘‘(C) any other adverse action taken with institution.’’. or programs, are of sufficient quality to respect to an institution.’’; SEC. 493. PROGRAM REVIEW AND DATA. achieve, for the duration of the accreditation (2) in subsection (c)— Section 498A(b) (20 U.S.C. 1099c–1(b)) is period, the stated objective for which the (A) in paragraph (1), by inserting ‘‘, includ- amended— courses or the programs are offered; and ing those regarding distance education’’ (1) in paragraph (4), by striking ‘‘and’’ ‘‘(B) if such agency or association has or after ‘‘their responsibilities’’; after the semicolon; seeks to include within its scope of recogni- (B) by redesignating paragraphs (2) (2) in paragraph (5) by striking the period tion the evaluation of the quality of institu- through (6) as paragraphs (5) through (9); and inserting a semicolon; and tions or programs offering distance edu- (C) by inserting after paragraph (1) (as (3) by adding at the end the following: cation, such agency or association shall, in amended by subparagraph (A)) the following: ‘‘(6) provide to an institution of higher addition to meeting the other requirements ‘‘(2) ensures that the agency or associa- education an adequate opportunity to review of this subpart, demonstrate to the Sec- tion’s on-site evaluation for accreditation or and respond to any program review report retary that— reaccreditation includes review of the Feder- and relevant materials related to the report ‘‘(i) the agency or association’s standards ally required information the institution or before any final program review report is effectively address the quality of an institu- program provides its current and prospective issued; tion’s distance education in the areas identi- students; ‘‘(7) review and take into consideration an fied in section 496(a)(5), except that the agen- ‘‘(3) monitors the growth of programs at institution of higher education’s response in cy or association shall not be required to institutions that are experiencing signifi- any final program review report or audit de- have separate standards, procedures or poli- cant enrollment growth; termination, and include in the report or de- cies for the evaluation of distance education ‘‘(4) requires an institution to submit a termination— institutions or programs in order to meet teach-out plan for approval to the accred- ‘‘(A) a written statement addressing the the requirements of this subparagraph; and iting agency upon the occurrence of any of institution of higher education’s response; ‘‘(ii) the agency or association requires an the following events: ‘‘(B) a written statement of the basis for institution that offers distance education to ‘‘(A) The Department notifies the accred- such report or determination; and have processes through which the institution iting agency of an action against the institu- ‘‘(C) a copy of the institution’s response; establishes that the student who registers in tion pursuant to section 487(d). and

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.077 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7679 ‘‘(8) maintain and preserve at all times the where borrowers can receive advice and as- ‘‘(7) Articulation agreements and student confidentiality of any program review report sistance, if such resources exist. support programs designed to facilitate the until the requirements of paragraphs (6) and ‘‘(d) INFORMATION PROVIDED DURING DE- transfer from 2-year to 4-year institutions.’’; (7) are met, and until a final program review FAULT.—A lender of a loan made, insured, or and is issued, other than to the extent required guaranteed under this title shall provide a (4) in paragraph (12) (as redesignated by to comply with paragraph (5), except that borrower in default, on not less than 2 sepa- paragraph (1)), by striking ‘‘distance learn- the Secretary shall promptly disclose any rate occasions, with a clear and conspicuous ing academic instruction capabilities’’ and and all program review reports to the insti- notice of not less than the following infor- inserting ‘‘distance education technologies’’. tution of higher education under review.’’. mation: SEC. 502. POSTBACCALAUREATE OPPORTUNITIES SEC. 494. TIMELY INFORMATION ABOUT LOANS. ‘‘(1) The options available to the borrower FOR HISPANIC AMERICANS. (a) IN GENERAL.—Title IV (20 U.S.C. 1070 et to be removed from default. (a) ESTABLISHMENT OF PROGRAM.—Title V seq.) is further amended by adding at the end ‘‘(2) The relevant fees and conditions asso- (20 U.S.C. 1101 et seq.) is amended— the following: ciated with each option.’’. (1) by redesignating part B as part C; ‘‘SEC. 499A. ACCESS TO TIMELY INFORMATION SEC. 495. AUCTION EVALUATION AND REPORT. (2) by redesignating sections 511 through ABOUT LOANS. (a) EVALUATION.—If Congress enacts an Act 518 as sections 521 through 528, respectively; ‘‘(a) REGULAR BILL PROVIDING PERTINENT that authorizes the Secretary of Education and INFORMATION ABOUT A LOAN.—A lender of a to carry out a pilot program under which the (3) by inserting after section 505 the fol- loan made, insured, or guaranteed under this Secretary establishes a mechanism for an lowing: title shall provide the borrower of such loan auction of Federal PLUS Loans, then the ‘‘PART B—PROMOTING POSTBACCA- a bill each month or, in the case of a loan Comptroller General shall evaluate such LAUREATE OPPORTUNITIES FOR HIS- payable less frequently than monthly, a bill pilot program. The evaluation shall deter- PANIC AMERICANS that corresponds to each payment install- mine— ‘‘SEC. 511. PROGRAM AUTHORITY AND ELIGI- ment time period, including a clear and con- (1) the extent of the savings to the Federal BILITY. spicuous notice of— Government that are generated through the ‘‘(a) PROGRAM AUTHORIZED.—Subject to the ‘‘(1) the borrower’s principal borrowed; pilot program, compared to the cost the Fed- availability of funds appropriated to carry ‘‘(2) the borrower’s current balance; eral Government would have incurred in op- out this part, the Secretary shall award ‘‘(3) the interest rate on such loan; erating the parent loan program under sec- grants, on a competitive basis, to eligible in- ‘‘(4) the amount the borrower has paid in tion 428B of the Higher Education Act of 1965 stitutions to enable the eligible institutions interest; in the absence of the pilot program; to carry out the authorized activities de- ‘‘(5) the amount of additional interest pay- (2) the number of lenders that participated scribed in section 512. ments the borrower is expected to pay over in the pilot program, and the extent to ‘‘(b) ELIGIBILITY.—For the purposes of this the life of the loan; which the pilot program generated competi- part, an ‘eligible institution’ means an insti- ‘‘(6) the total amount the borrower has tion among lenders to participate in the auc- tution of higher education that— paid for the loan, including the amount the tions under the pilot program; ‘‘(1) is a Hispanic-serving institution (as borrower has paid in interest, the amount (3) the effect of the transition to and oper- defined in section 502); and the borrower has paid in fees, and the ation of the pilot program on the ability of— ‘‘(2) offers a postbaccalaureate certificate amount the borrower has paid against the (A) lenders participating in the pilot pro- or degree granting program. balance, in a brief, borrower-friendly man- gram to originate loans made through the ‘‘SEC. 512. AUTHORIZED ACTIVITIES. ner; pilot program smoothly and efficiently; ‘‘Grants awarded under this part shall be ‘‘(7) a description of each fee the borrower (B) institutions of higher education par- used for 1 or more of the following activities: has been charged for the current payment ticipating in the pilot program to disburse ‘‘(1) Purchase, rental, or lease of scientific period; loans made through the pilot program or laboratory equipment for educational pur- ‘‘(8) the date by which the borrower needs smoothly and efficiently; and poses, including instructional and research to make a payment in order to avoid addi- (C) the ability of parents to obtain loans purposes. tional fees; made through the pilot program in a timely ‘‘(2) Construction, maintenance, renova- ‘‘(9) the amount of such payment that will and efficient manner; tion, and improvement in classroom, library, be applied to the interest, the balance, and (4) the differential impact, if any, of the laboratory, and other instructional facili- any fees on the loan; and auction among the States, including between ties, including purchase or rental of tele- ‘‘(10) the lender’s address and toll-free rural and non-rural States; and communications technology equipment or phone number for payment and billing error (5) the feasibility of using the mechanism services. purposes. piloted to operate the other loan programs ‘‘(3) Purchase of library books, periodicals, ‘‘(b) INFORMATION PROVIDED BEFORE COM- under part B of title IV of the Higher Edu- technical and other scientific journals, MENCEMENT OF REPAYMENT.—A lender of a cation Act of 1965. microfilm, microfiche, and other educational loan made, insured, or guaranteed under this (b) REPORTS.—The Comptroller General materials, including telecommunications title shall provide to the borrower of such shall— program materials. loan, at least one month before the loan en- (1) not later than September 1, 2010, submit ‘‘(4) Support for needy postbaccalaureate ters repayment, a clear and conspicuous no- to the authorizing committees (as defined in students, including outreach, academic sup- tice of not less than the following informa- section 103 of the Higher Education Act of port services, mentoring, scholarships, fel- tion: 1965 (20 U.S.C. 1003)) a preliminary report re- lowships, and other financial assistance, to ‘‘(1) The borrower’s options, including re- garding the findings of the evaluation de- permit the enrollment of such students in payment plans, deferments, forbearances, scribed in subsection (a); postbaccalaureate certificate and degree and discharge options to which the borrower (2) not later than September 1, 2012, submit granting programs. may be entitled. to the authorizing committees an interim re- ‘‘(5) Support of faculty exchanges, faculty ‘‘(2) The conditions under which a borrower port regarding such findings; and development, faculty research, curriculum may be charged any fee, and the amount of (3) not later than September 1, 2014, submit development, and academic instruction. such fee. to the authorizing committees a final report ‘‘(6) Creating or improving facilities for ‘‘(3) The conditions under which a loan regarding such findings. Internet or other distance education tech- may default, and the consequences of de- TITLE V—DEVELOPING INSTITUTIONS nologies, including purchase or rental of fault. SEC. 501. AUTHORIZED ACTIVITIES. telecommunications technology equipment ‘‘(4) Resources, including nonprofit organi- Section 503(b) (20 U.S.C. 1101b(b)) is amend- or services. zations, advocates, and counselors (including ed— ‘‘(7) Collaboration with other institutions the Office of the Ombudsman at the Depart- (1) by redesignating paragraphs (6) through of higher education to expand ment), where borrowers can receive advice (14) as paragraphs (8) through (16), respec- postbaccalaureate certificate and degree of- and assistance, if such resources exist. tively; ferings. ‘‘(c) INFORMATION PROVIDED DURING DELIN- (2) in paragraph (5), by inserting ‘‘, includ- ‘‘(8) Other activities proposed in the appli- QUENCY.—In addition to any other informa- ing innovative, customized remedial edu- cation submitted pursuant to section 513 tion required under law, a lender of a loan cation and English language instruction that are approved by the Secretary as part of made, insured, or guaranteed under this title courses designed to help retain students and the review and acceptance of such applica- shall provide a borrower in delinquency with move the students rapidly into core courses tion. a clear and conspicuous notice of the date on and through program completion’’ before the ‘‘SEC. 513. APPLICATION AND DURATION. which the loan will default if no payment is period at the end; ‘‘(a) APPLICATION.—Any eligible institution made, the minimum payment that must be (3) by inserting after paragraph (5) the fol- may apply for a grant under this part by sub- made to avoid default, discharge options to lowing: mitting an application to the Secretary at which the borrower may be entitled, re- ‘‘(6) Education or counseling services de- such time and in such manner as the Sec- sources, including nonprofit organizations, signed to improve the financial literacy and retary may require. Such application shall advocates, and counselors (including the Of- economic literacy of students or the stu- demonstrate how the grant funds will be fice of the Ombudsman at the Department), dents’ parents. used to improve postbaccalaureate education

VerDate Aug 31 2005 05:11 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.077 S29JYPT1 erowe on PRODPC61 with SENATE S7680 CONGRESSIONAL RECORD — SENATE July 29, 2008 opportunities for Hispanic and low-income (ii) in subparagraph (H), by striking the pe- as in needs in the education, business, and students and will lead to such students’ riod and inserting ‘‘; and’’; and nonprofit sectors.’’. greater financial independence. (iii) by adding at the end the following: SEC. 603. UNDERGRADUATE INTERNATIONAL ‘‘(b) DURATION.—Grants under this part ‘‘(I) support for instructors of the less com- STUDIES AND FOREIGN LANGUAGE shall be awarded for a period not to exceed 5 monly taught languages.’’; and PROGRAMS. years. (B) in paragraph (4)— Section 604 (20 U.S.C. 1124) is amended— ‘‘(c) LIMITATION.—The Secretary may not (i) by redesignating subparagraphs (C) (1) in subsection (a)— award more than 1 grant under this part in through (E) as subparagraphs (D) through (A) in paragraph (2)— any fiscal year to any Hispanic-serving insti- (F), respectively; (i) by redesignating subparagraphs (I) tution.’’. (ii) by inserting after subparagraph (B) the through (M) as subparagraphs (J) through SEC. 503. APPLICATIONS. following: (N), respectively; and Section 521(b)(1)(A) (as redesignated by ‘‘(C) Programs of linkage or outreach be- (ii) by inserting after subparagraph (H) the section 502(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is tween or among— following: amended by striking ‘‘subsection (b)’’ and in- ‘‘(i) foreign language, area studies, or other ‘‘(I) providing subgrants to undergraduate serting ‘‘subsection (c)’’. international fields; and students for educational programs abroad ‘‘(ii) State educational agencies or local SEC. 504. COOPERATIVE ARRANGEMENTS. that— educational agencies.’’; Section 524(a) (as redesignated by section ‘‘(i) are closely linked to the overall goals (iii) in subparagraph (D) (as redesignated 502(a)(2)) (20 U.S.C. 1103c(a)) is amended by of the program for which the grant is award- by clause (i)) by inserting ‘‘, including Fed- striking ‘‘section 503’’ and inserting ‘‘sec- ed; and eral or State scholarship programs for stu- tions 503 and 512’’. ‘‘(ii) have the purpose of promoting foreign dents in related areas’’ before the period at language fluency and knowledge of foreign SEC. 505. AUTHORIZATION OF APPROPRIATIONS. the end; and cultures;’’; and Section 528(a) (as redesignated by section (iv) in subparagraph (F) (as redesignated (B) in paragraph (7)— 502(a)(2)) (20 U.S.C. 1103g(a)) is amended— by clause (i)), by striking ‘‘and (D)’’ and in- (i) in subparagraph (C), by striking ‘‘and’’ (1) by inserting ‘‘part A of’’ after ‘‘carry serting ‘‘(D), and (E)’’; after the semicolon; out’’; (2) in subsection (b)— (ii) in subparagraph (D), by striking the pe- (2) by striking ‘‘$62,500,000 for fiscal year (A) in the subsection heading, by striking riod at the end and inserting a semicolon; 1999’’ and all that follows through the period ‘‘GRADUATE’’; and and and inserting ‘‘such sums as may be nec- (B) by striking paragraph (2) and inserting (iii) by adding at the end the following: essary for fiscal year 2008 and each of the 5 the following: ‘‘(E) a description of how the applicant will succeeding fiscal years.’’; ‘‘(2) ELIGIBLE STUDENTS.—A student receiv- provide information to students regarding (3) by striking ‘‘(a) AUTHORIZATIONS.— ing a stipend described in paragraph (1) shall federally funded scholarship programs in re- There are’’ and inserting the following: be engaged— lated areas; ‘‘(a) AUTHORIZATIONS.— ‘‘(A) in an instructional program with stat- ‘‘(F) an explanation of how the activities ‘‘(1) PART A.—There are’’; and ed performance goals for functional foreign funded by the grant will reflect diverse per- (4) by adding at the end the following: language use or in a program developing spectives and a wide range of views and gen- ‘‘(2) PART B.—There are authorized to be such performance goals, in combination with erate debate on world regions and inter- appropriated to carry out part B of this title area studies, international studies, or the national affairs, where applicable; such sums as may be necessary for fiscal international aspects of a professional stud- ‘‘(G) a description of how the applicant will year 2008 and each of the 5 succeeding fiscal ies program; and address disputes regarding whether the ac- years.’’. ‘‘(B)(i) in the case of an undergraduate stu- tivities funded under the application reflect TITLE VI—INTERNATIONAL EDUCATION dent, in the intermediate or advanced study diverse perspectives and a wide range of PROGRAMS of a less commonly taught language; or views; and SEC. 601. FINDINGS. ‘‘(ii) in the case of a graduate student, in ‘‘(H) a description of how the applicant will Section 601 (20 U.S.C. 1121) is amended— graduate study in connection with a program encourage service in areas of national need (1) in the section heading, by striking described in subparagraph (A), including— as identified by the Secretary.’’; and ‘‘AND PURPOSES’’ and inserting ‘‘; PUR- ‘‘(I) predissertation level study; (2) in subsection (c)— POSES; CONSULTATION; SURVEY’’; ‘‘(II) preparation for dissertation research; (A) by striking ‘‘FUNDING SUPPORT.—The (2) in subsection (a)(3), by striking ‘‘post- ‘‘(III) dissertation research abroad; or Secretary’’ and inserting ‘‘FUNDING SUP- Cold War’’; ‘‘(IV) dissertation writing.’’; PORT.— (3) in subsection (b)(1)(D), by inserting ‘‘, (3) by striking subsection (d) and inserting ‘‘(1) THE SECRETARY.—The Secretary’’; including through linkages with overseas in- the following: (B) by striking ‘‘10’’ and inserting ‘‘20’’; ‘‘(d) ALLOWANCES.— stitutions’’ before the semicolon; and and ‘‘(1) GRADUATE LEVEL RECIPIENTS.—A sti- (4) by adding at the end the following: (C) by adding at the end the following: pend awarded to a graduate level recipient ‘‘(c) CONSULTATION.—The Secretary shall, ‘‘(2) GRANTEES.—Of the total amount of may include allowances for dependents and prior to requesting applications for funding grant funds awarded to a grantee under this for travel for research and study in the under this title during each grant cycle, con- section, the grantee may use not more than United States and abroad. sult with and receive recommendations re- 10 percent of such funds for the activity de- ‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A garding national need for expertise in for- scribed in subsection (a)(2)(I).’’. stipend awarded to an undergraduate level eign languages and world regions from the SEC. 604. RESEARCH; STUDIES. recipient may include an allowance for edu- head officials of a wide range of Federal Section 605(a) (20 U.S.C. 1125(a)) is amend- cational programs in the United States or agencies. Such agencies shall provide infor- ed— educational programs abroad that— mation to the Secretary regarding how the (1) in paragraph (8), by striking ‘‘and’’ ‘‘(A) are closely linked to the overall goals agencies utilize expertise and resources pro- after the semicolon; of the recipient’s course of study; and vided by grantees under this title. The Sec- (2) in paragraph (9), by striking the period ‘‘(B) have the purpose of promoting foreign retary shall take into account such rec- and inserting a semicolon; and language fluency and knowledge of foreign ommendations and information when re- (3) by adding at the end the following: cultures.’’; and questing applications for funding under this ‘‘(10) evaluation of the extent to which pro- (4) by adding at the end the following: title, and shall make available to applicants grams assisted under this title reflect di- ‘‘(e) APPLICATION.—Each institution or a list of areas identified as areas of national combination of institutions desiring a grant verse perspectives and a wide range of views need. under this section shall submit an applica- and generate debate on world regions and ‘‘(d) SURVEY.—The Secretary shall assist tion to the Secretary at such time, in such international affairs; grantees in developing a survey to admin- manner, and accompanied by such informa- ‘‘(11) the systematic collection, analysis, ister to students who have participated in tion and assurances as the Secretary may re- and dissemination of data that contribute to programs under this title to determine quire. Each application shall include an ex- achieving the purposes of this part; and postgraduation placement. All grantees, planation of how the activities funded by the ‘‘(12) support for programs or activities to where applicable, shall administer such sur- grant will reflect diverse perspectives and a make data collected, analyzed, or dissemi- vey not less often than annually and report wide range of views and generate debate on nated under this section publicly available such data to the Secretary.’’. world regions and international affairs. Each and easy to understand.’’. SEC. 602. GRADUATE AND UNDERGRADUATE LAN- application shall also describe how the appli- SEC. 605. TECHNOLOGICAL INNOVATION AND CO- GUAGE AND AREA CENTERS AND cant will address disputes regarding whether OPERATION FOR FOREIGN INFOR- PROGRAMS. activities funded under the application re- MATION ACCESS. Section 602 (20 U.S.C. 1122) is amended— flect diverse perspectives and a wide range of Section 606 (20 U.S.C. 1126) is amended— (1) in subsection (a)— views. Each application shall also include a (1) in subsection (a)— (A) in paragraph (2)— description of how the applicant will encour- (A) by striking ‘‘new electronic tech- (i) in subparagraph (G), by striking ‘‘and’’ age government service in areas of national nologies’’ and inserting ‘‘electronic tech- after the semicolon; need, as identified by the Secretary, as well nologies’’;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.077 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7681 (B) by inserting ‘‘from foreign sources’’ fiscal year 2008 and each of the 5 succeeding (1) in the section heading, by striking after ‘‘disseminate information’’; fiscal years.’’. ‘‘masters’’ and inserting ‘‘advanced’’; (C) in the subsection heading, by striking SEC. 609. CENTERS FOR INTERNATIONAL BUSI- (2) in the first sentence, by inserting ‘‘, and ‘‘AUTHORITY.—The Secretary’’ and inserting NESS EDUCATION. in exceptional circumstances, a doctoral de- ‘‘AUTHORITY.— Section 612(f)(3) (20 U.S.C. 1130–1(f)(3)) is gree,’’ after ‘‘masters degree’’; ‘‘(1) IN GENERAL.—The Secretary’’; and amended by inserting ‘‘, and that diverse (3) in the second sentence, by striking (D) by adding at the end the following: perspectives will be made available to stu- ‘‘masters degree’’ and inserting ‘‘advanced ‘‘(2) PARTNERSHIPS WITH NOT-FOR-PROFIT dents in programs under this section’’ before degree’’; and EDUCATIONAL ORGANIZATIONS.—The Secretary the semicolon. (4) in the fourth sentence, by striking may award grants under this section to carry SEC. 610. EDUCATION AND TRAINING PROGRAMS. ‘‘United States’’ and inserting ‘‘United out the activities authorized under this sec- Section 613(c) (20 U.S.C. 1130a(c)) is amend- States.’’. tion to the following: ed by adding at the end the following: ‘‘Each SEC. 616. INTERNSHIPS. ‘‘(A) An institution of higher education. such application shall include an assurance Section 625 (20 U.S.C. 1131c) is amended— ‘‘(B) A public or nonprofit private library. that, where applicable, the activities funded (1) in subsection (a)— ‘‘(C) A consortium of an institution of by the grant will reflect diverse perspectives (A) by striking ‘‘as defined in section 322 of higher education and 1 or more of the fol- and a wide range of views on world regions this Act’’; lowing: and international affairs.’’. (B) by striking ‘‘tribally controlled Indian ‘‘(i) Another institution of higher edu- SEC. 611. AUTHORIZATION OF APPROPRIATIONS community colleges as defined in the Trib- cation. FOR BUSINESS AND INTERNATIONAL ally Controlled Community College Assist- ‘‘(ii) A library. EDUCATION PROGRAMS. ance Act of 1978’’ and inserting ‘‘tribally con- ‘‘(iii) A not-for-profit educational organi- Section 614 (20 U.S.C. 1130b) is amended— trolled colleges or universities’’; zation.’’; (1) in subsection (a), by striking (C) by striking ‘‘an international’’ and in- (2) in subsection (b)— ‘‘$11,000,000 for fiscal year 1999’’ and all that serting ‘‘international,’’; and (A) in paragraph (1), by striking ‘‘to facili- follows through ‘‘fiscal years’’ and inserting (D) by striking ‘‘the United States Infor- tate access to’’ and inserting ‘‘to acquire, fa- ‘‘such sums as may be necessary for fiscal mation Agency’’ and inserting ‘‘the Depart- cilitate access to,’’; year 2008 and each of the 5 succeeding fiscal ment of State’’; and (B) in paragraph (2), by inserting ‘‘or years’’; and (2) in subsection (c)(1)— standards for’’ after ‘‘means of’’; (2) in subsection (b), by striking ‘‘$7,000,000 (A) in subparagraph (E), by inserting (C) in paragraph (6), by striking ‘‘and’’ for fiscal year 1999’’ and all that follows ‘‘and’’ after the semicolon; after the semicolon; through ‘‘fiscal years,’’ and inserting ‘‘such (B) in subparagraph (F), by striking ‘‘; (D) in paragraph (7), by striking the period sums as may be necessary for fiscal year 2008 and’’ and inserting a period; and and inserting a semicolon; and and each of the 5 succeeding fiscal years’’. (C) by striking subparagraph (G). (E) by adding at the end the following: SEC. 612. MINORITY FOREIGN SERVICE PROFES- ‘‘(8) to establish linkages to facilitate car- SIONAL DEVELOPMENT PROGRAM. SEC. 617. FINANCIAL ASSISTANCE. rying out the activities described in this sub- Section 621 (20 U.S.C. 1131) is amended— Part C of title VI (20 U.S.C. 1131 et seq.) is section between— (1) in subsection (c), by adding at the end further amended— ‘‘(A) the institutions of higher education, the following: ‘‘Each application shall in- (1) by redesignating sections 626, 627, and libraries, and consortia receiving grants clude a description of how the activities 628 as sections 627, 628, and 629, respectively; under this section; and funded by the grant will reflect diverse per- and ‘‘(B) institutions of higher education, not- spectives and a wide range of views on world (2) by inserting after section 625 the fol- for-profit educational organizations, and li- regions and international affairs, where ap- lowing: braries overseas; and plicable.’’; and ‘‘SEC. 626. FINANCIAL ASSISTANCE. ‘‘(9) to carry out other activities that the (2) in subsection (e)— ‘‘(a) AUTHORITY.—The Institute may pro- Secretary determines are consistent with the (A) by striking ‘‘MATCH REQUIRED.—The el- vide financial assistance, in the form of sum- purpose of the grants or contracts awarded igible’’ and inserting ‘‘MATCHING FUNDS.— mer stipends described in subsection (b) and under this section.’’; and ‘‘(1) IN GENERAL.—Subject to paragraph (2), Ralph Bunche scholarship assistance de- (3) in subsection (c), by striking ‘‘institu- the eligible’’; and scribed in subsection (c), to needy students tion or consortium’’ and inserting ‘‘institu- (B) by adding at the end the following: to facilitate the participation of the students tion of higher education, library, or consor- ‘‘(2) WAIVER.—The Secretary may waive in the Institute’s programs under this part. tium’’. the requirement of paragraph (1) for an eligi- ‘‘(b) SUMMER STIPENDS.— SEC. 606. SELECTION OF CERTAIN GRANT RECIPI- ble recipient if the Secretary determines ‘‘(1) REQUIREMENTS.—A student receiving a ENTS. such waiver is appropriate.’’. summer stipend under this section shall use Section 607 (20 U.S.C. 1127) is amended— SEC. 613. INSTITUTIONAL DEVELOPMENT. such stipend to defray the student’s cost of (1) in subsection (a), by striking ‘‘evaluates Section 622 (20 U.S.C. 1131–1) is amended— participation in a summer institute program the applications for comprehensive and un- (1) in subsection (a)— funded under this part, including the costs of dergraduate language and area centers and (A) by striking ‘‘Tribally Controlled Col- travel, living, and educational expenses nec- programs.’’ and inserting ‘‘evaluates— leges or Universities’’ and inserting ‘‘tribally essary for the student’s participation in such ‘‘(1) the applications for comprehensive controlled colleges or universities’’; and program. foreign language and area or international (B) by striking ‘‘international affairs pro- ‘‘(2) AMOUNT.—A summer stipend awarded studies centers and programs; and grams.’’ and inserting ‘‘international affairs, to a student under this section shall not ex- ‘‘(2) the applications for undergraduate for- international business, and foreign language ceed $3,000 per summer. eign language and area or international study programs, including the teaching of ‘‘(c) RALPH BUNCHE SCHOLARSHIP.— studies centers and programs.’’; and foreign languages, at such colleges, univer- ‘‘(1) REQUIREMENTS.—A student receiving a (2) in subsection (b), by adding at the end sities, and institutions, respectively, which Ralph Bunche scholarship under this sec- the following: ‘‘The Secretary shall also con- may include collaboration with institutions tion— sider an applicant’s record of placing stu- of higher education that receive funding ‘‘(A) shall be a full-time student at an in- dents into service in areas of national need under this title.’’; and stitution of higher education who is accepted and an applicant’s stated efforts to increase (2) in subsection (c)— into a program funded under this part; and the number of such students that go into (A) by striking paragraphs (1) and (3); ‘‘(B) shall use such scholarship to pay costs such service.’’. (B) by redesignating paragraphs (2) and (4) related to the cost of attendance, as defined SEC. 607. AMERICAN OVERSEAS RESEARCH CEN- as paragraphs (1) and (2), respectively; and in section 472, at the institution of higher TERS. (C) in paragraph (1) (as redesignated by education in which the student is enrolled. Section 609 (20 U.S.C. 1128a) is amended by subparagraph (B)), by inserting ‘‘and’’ after ‘‘(2) AMOUNT AND DURATION.—A Ralph adding at the end the following: the semicolon. Bunche scholarship awarded to a student ‘‘(e) APPLICATION.—Each center desiring a SEC. 614. STUDY ABROAD PROGRAM. under this section shall not exceed $5,000 per grant under this section shall submit an ap- Section 623(a) (20 U.S.C. 1131a(a)) is amend- academic year.’’. plication to the Secretary at such time, in ed— SEC. 618. REPORT. such manner, and accompanied by such in- (1) by striking ‘‘as defined in section 322 of formation and assurances as the Secretary this Act’’; and Section 627 (as redesignated by section may require.’’. (2) by striking ‘‘tribally controlled Indian 617(1)) (20 U.S.C. 1131d) is amended by strik- ing ‘‘annually’’ and inserting ‘‘biennially’’. SEC. 608. AUTHORIZATION OF APPROPRIATIONS community colleges as defined in the Trib- FOR INTERNATIONAL AND FOREIGN ally Controlled Community College Assist- SEC. 619. GIFTS AND DONATIONS. LANGUAGE STUDIES. ance Act of 1978’’ and inserting ‘‘tribally con- Section 628 (as redesignated by section Section 610 (20 U.S.C. 1128b) is amended by trolled colleges or universities’’. 617(1)) (20 U.S.C. 1131e) is amended by strik- striking ‘‘$80,000,000 for fiscal year 1999’’ and SEC. 615. ADVANCED DEGREE IN INTERNATIONAL ing ‘‘annual report described in section 626’’ all that follows through the period and in- RELATIONS. and inserting ‘‘biennial report described in serting ‘‘such sums as may be necessary for Section 624 (20 U.S.C. 1131b) is amended— section 627’’.

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.078 S29JYPT1 erowe on PRODPC61 with SENATE S7682 CONGRESSIONAL RECORD — SENATE July 29, 2008 SEC. 620. AUTHORIZATION OF APPROPRIATIONS TITLE VII—GRADUATE AND POSTSEC- (A) by striking ‘‘716(a)’’ and inserting FOR THE INSTITUTE FOR INTER- ONDARY IMPROVEMENT PROGRAMS ‘‘715(a)’’; and NATIONAL PUBLIC POLICY. SEC. 701. PURPOSE. (B) by striking ‘‘714(b)(2)’’ and inserting Section 629 (as redesignated by section ‘‘713(b)(2)’’. 617(1)) (20 U.S.C. 1131f) is amended by strik- Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) ing ‘‘$10,000,000 for fiscal year 1999’’ and all is amended by inserting ‘‘, including those SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF that follows through the period and inserting areas critical to United States national and EDUCATION. ‘‘such sums as may be necessary for fiscal homeland security needs such as mathe- Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is year 2008 and each of the 5 succeeding fiscal matics, science, and engineering’’ before the amended— years.’’. semicolon at the end. (1) by striking ‘‘1999–2000’’ and inserting SEC. 621. DEFINITIONS. SEC. 702. ALLOCATION OF JACOB K. JAVITS FEL- ‘‘2008–2009’’; and Section 631 (20 U.S.C. 1132) is amended— LOWSHIPS. (2) by striking ‘‘1998–1999’’ and inserting (1) by striking paragraph (7); Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is ‘‘2007–2008’’. amended to read as follows: (2) by redesignating paragraphs (2), (3), (4), SEC. 708. AUTHORIZATION OF APPROPRIATIONS ‘‘(1) APPOINTMENT.— (5), (6), (8), and (9), as paragraphs (7), (4), (8), FOR THE GRADUATE ASSISTANCE IN (2), (10), (6), and (3), respectively; ‘‘(A) IN GENERAL.—The Secretary shall ap- AREAS OF NATIONAL NEED PRO- (3) in paragraph (2), as redesignated by point a Jacob K. Javits Fellows Program GRAM. Fellowship Board (referred to in this subpart paragraph (2), by striking ‘‘comprehensive Section 716 (20 U.S.C. 1135e) is amended by as the ‘Board’) consisting of 9 individuals language and area center’’ and inserting striking ‘‘$35,000,000 for fiscal year 1999’’ and representative of both public and private in- ‘‘comprehensive foreign language and area or all that follows through the period and in- stitutions of higher education who are espe- international studies center’’; serting ‘‘such sums as may be necessary for cially qualified to serve on the Board. (4) in paragraph (3), as redesignated by fiscal year 2008 and each of the 5 succeeding ‘‘(B) QUALIFICATIONS.—In making appoint- paragraph (2), by striking the period at the fiscal years to carry out this subpart.’’. end and inserting a semicolon; ments under subparagraph (A), the Secretary shall— SEC. 709. LEGAL EDUCATIONAL OPPORTUNITY (5) by inserting after paragraph (4), as re- PROGRAM. designated by paragraph (2), the following: ‘‘(i) give due consideration to the appoint- ‘‘(5) the term ‘historically Black college ment of individuals who are highly respected Section 721 (20 U.S.C. 1136) is amended— and university’ has the meaning given the in the academic community; (1) in subsection (a)— term ‘part B institution’ in section 322;’’; ‘‘(ii) assure that individuals appointed to (A) by inserting ‘‘secondary school and’’ (6) in paragraph (6), as redesignated by the Board are broadly representative of a after ‘‘disadvantaged’’; and paragraph (2), by striking ‘‘and’’ after the range of disciplines in graduate education in (B) by inserting ‘‘and admission to law semicolon; arts, humanities, and social sciences; practice’’ before the period at the end; (7) by inserting after paragraph (8), as re- ‘‘(iii) appoint members to represent the (2) in the matter preceding paragraph (1) of designated by paragraph (2), the following: various geographic regions of the United subsection (b), by inserting ‘‘secondary ‘‘(9) the term ‘tribally controlled college or States; and school student or’’ before ‘‘college student’’; university’ has the meaning given the term ‘‘(iv) include representatives from minor- (3) in subsection (c)— in section 2 of the Tribally Controlled Col- ity institutions, as defined in section 365.’’. (A) in paragraph (1), by inserting ‘‘sec- lege or University Assistance Act of 1978 (25 SEC. 703. STIPENDS. ondary school and’’ before ‘‘college stu- U.S.C. 1801); and’’; and Section 703(a) (20 U.S.C. 1134b(a)) is amend- dents’’; (8) in paragraph (10), as redesignated by ed by striking ‘‘graduate fellowships’’ and in- (B) by striking paragraph (2) and inserting paragraph (2), by striking ‘‘undergraduate serting ‘‘Graduate Research Fellowship Pro- the following: language and area center’’ and inserting gram’’. ‘‘(2) to prepare such students for successful ‘‘undergraduate foreign language and area or SEC. 704. AUTHORIZATION OF APPROPRIATIONS completion of a baccalaureate degree and for international studies center’’. FOR THE JACOB K. JAVITS FELLOW- study at accredited law schools, and to assist them with the development of analytical SEC. 622. ASSESSMENT AND ENFORCEMENT. SHIP PROGRAM. Part D of title VI (20 U.S.C. 1132) is amend- Section 705 (20 U.S.C. 1134d) is amended by skills, writing skills, and study methods to ed by adding at the end the following: striking ‘‘$30,000,000 for fiscal year 1999’’ and enhance the students’ success and promote the students’ admission to and completion of ‘‘SEC. 632. ASSESSMENT; ENFORCEMENT; RULE all that follows through the period and in- OF CONSTRUCTION. serting ‘‘such sums as may be necessary for law school;’’; ‘‘(a) IN GENERAL.—The Secretary is author- fiscal year 2008 and each of the 5 succeeding (C) in paragraph (4), by striking ‘‘and’’ ized to assess and ensure compliance with all fiscal years to carry out this subpart.’’. after the semicolon; the conditions and terms of grants provided SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER (D) by striking paragraph (5) and inserting under this title. If a complaint regarding ac- THE GRADUATE ASSISTANCE IN the following: tivities funded under this title is not re- AREAS OF NATIONAL NEED PRO- ‘‘(4) to motivate and prepare such stu- solved under the process outlined in the rel- GRAM. dents— evant grantee’s application, such complaint Section 712(b) (20 U.S.C. 1135a(b)) is amend- ‘‘(A) with respect to law school studies and shall be filed with the Department and re- ed to read as follows: practice in low-income communities; and viewed by the Secretary. The Secretary shall ‘‘(b) DESIGNATION OF AREAS OF NATIONAL ‘‘(B) to provide legal services to low-in- take the review of such complaints into ac- NEED.—After consultation with appropriate come individuals and families; and;’’; and count when determining the renewal of Federal and nonprofit agencies and organiza- (E) by adding at the end the following: grants. tions, including the National Science Foun- ‘‘(6) to award Thurgood Marshall Fellow- ‘‘(b) RULE OF CONSTRUCTION.—Nothing in dation, the Department of Defense, the De- ships to eligible law school students— this title shall be construed to authorize the partment of Homeland Security, the Na- ‘‘(A) who participated in summer insti- Secretary to mandate, direct, or control an tional Academy of Sciences, and the Bureau tutes under subsection (d)(6) and who are en- institution of higher education’s specific in- of Labor Statistics, the Secretary shall des- rolled in an accredited law school; or structional content, curriculum, or program ignate areas of national need. In making ‘‘(B) who have successfully completed sum- of instruction. such designations, the Secretary shall take mer institute programs comparable to the ‘‘SEC. 633. EVALUATION, OUTREACH, AND INFOR- into consideration— summer institutes under subsection (d) that MATION. ‘‘(1) the extent to which the interest in the are certified by the Council on Legal Edu- ‘‘The Secretary may use not more than 1 area is compelling; cation Opportunity.’’; percent of the funds made available under ‘‘(2) the extent to which other Federal pro- (4) in subsection (d)— this title to carry out program evaluation, grams support postbaccalaureate study in (A) in the matter preceding paragraph (1), national outreach, and information dissemi- the area concerned; by inserting ‘‘pre-college programs, under- nation activities relating to the programs ‘‘(3) an assessment of how the program graduate’’ before ‘‘pre-law’’; authorized under this title. may achieve the most significant impact (B) in paragraph (1)— ‘‘SEC. 634. BIENNIAL REPORT. with available resources; and (i) in subparagraph (B), by inserting ‘‘law ‘‘The Secretary shall, in consultation and ‘‘(4) an assessment of current and future school’’ before ‘‘graduation’’; and collaboration with the Secretary of State, professional workforce needs of the United (ii) by striking subparagraph (D) and in- the Secretary of Defense, and the heads of States.’’. serting the following: other relevant Federal agencies, submit a bi- SEC. 706. AWARDS TO GRADUATE STUDENTS. ‘‘(D) pre-college and undergraduate pre- ennial report that identifies areas of na- Section 714 (20 U.S.C. 1135c) is amended— paratory courses in analytical and writing tional need in foreign language, area, and (1) in subsection (b)— skills, study methods, and curriculum selec- international studies as such studies relate (A) by striking ‘‘1999–2000’’ and inserting tion;’’; to government, education, business, and non- ‘‘2008–2009’’; and (C) by redesignating paragraphs (2) profit needs, and a plan to address those (B) by striking ‘‘graduate fellowships’’ and through (6) as paragraphs (3) through (7), re- needs. The report shall be provided to the au- inserting ‘‘Graduate Research Fellowship spectively; thorizing committees and made available to Program’’; and (D) by inserting after paragraph (1) the fol- the public.’’. (2) in subsection (c)— lowing:

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.078 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7683 ‘‘(2) summer academic programs for sec- ‘‘(A) to provide support and assistance to participate in a Project GRAD program ondary school students who have expressed programs implementing integrated edu- under this subsection. interest in a career in the law;’’; and cation reform services in order to improve ‘‘(d) CENTER FOR BEST PRACTICES TO SUP- (E) in paragraph (7) (as redesignated by secondary school graduation, college attend- PORT SINGLE PARENT STUDENTS.— subparagraph (C)), by inserting ‘‘and Associ- ance, and college completion rates for at- ‘‘(1) PROGRAM AUTHORIZED.—The Secretary ates’’ after ‘‘Thurgood Marshall Fellows’’; risk students; and is authorized to award 1 grant or contract to (5) in subsection (e)(1), by inserting ‘‘, in- ‘‘(B) to promote the establishment of new an institution of higher education to enable cluding before and during undergraduate programs to implement such integrated edu- such institution to establish and maintain a study’’ before the semicolon; cation reform services. center to study and develop best practices (6) in subsection (f)— ‘‘(2) DEFINITIONS.—In this subsection: for institutions of higher education to sup- (A) by inserting ‘‘national and State bar ‘‘(A) AT-RISK.—The term ‘at-risk’ has the port single parents who are also students at- associations,’’ after ‘‘agencies and organiza- same meaning given such term in section tending such institutions. tions,’’; and 1432 of the Elementary and Secondary Edu- ‘‘(2) INSTITUTION REQUIREMENTS.—The Sec- (B) by striking ‘‘and organizations.’’ and cation Act of 1965. retary shall award the grant or contract inserting ‘‘organizations, and associations.’’; ‘‘(B) FEEDER PATTERN.—The term ‘feeder under this subsection to a 4-year institution (7) by striking subsection (g) and inserting pattern’ means a secondary school and the of higher education that has demonstrated the following: elementary schools and middle schools that expertise in the development of programs to ‘‘(g) FELLOWSHIPS AND STIPENDS.—The Sec- channel students into that secondary school. assist single parents who are students at in- retary shall annually establish the max- ‘‘(3) GRANT AUTHORIZED.—The Secretary is stitutions of higher education, as shown by imum fellowship to be awarded, and stipend authorized to award a grant to Project the institution’s development of a variety of to be paid (including allowances for partici- GRAD USA (referred to in this subsection as targeted services to such students, including pant travel and for the travel of the depend- the ‘grantee’), a nonprofit educational orga- on-campus housing, child care, counseling, ents of the participant), to Thurgood Mar- nization that has as its primary purpose the advising, internship opportunities, financial shall Fellows or Associates for the period of improvement of secondary school gradua- aid, and financial aid counseling and assist- participation in summer institutes, midyear tion, college attendance, and college comple- ance. seminars, and bar preparation seminars. A tion rates for at-risk students, to implement ‘‘(3) CENTER ACTIVITIES.—The center funded Fellow or Associate may be eligible for such and sustain the integrated education reform under this section shall— a fellowship or stipend only if the Thurgood program at existing Project GRAD sites, and ‘‘(A) assist institutions implementing in- Marshall Fellow or Associate maintains sat- to promote the expansion of the Project novative programs that support single par- isfactory academic progress toward the Juris GRAD program to new sites. ents pursuing higher education; Doctor or Bachelor of Laws degree, as deter- ‘‘(4) REQUIREMENTS OF GRANT AGREEMENT.— ‘‘(B) study and develop an evaluation pro- mined by the respective institutions (except The Secretary shall enter into an agreement tocol for such programs that includes quan- with respect to a law school graduate en- with the grantee that requires that the titative and qualitative methodologies; rolled in a bar preparation course).’’; and grantee shall— ‘‘(C) provide appropriate technical assist- (8) in subsection (h), by striking ‘‘$5,000,000 ‘‘(A) enter into subcontracts with non- ance regarding the replication, evaluation, for fiscal year 1999’’ and all that follows profit educational organizations that serve a and continuous improvement of such pro- through the period at the end and inserting substantial number or percentage of at-risk grams; and ‘‘such sums as may be necessary for fiscal students (referred to in this subsection as ‘‘(D) develop and disseminate best prac- year 2008 and for each of the 5 succeeding fis- ‘subcontractors’), under which the sub- tices for such programs. cal years’’. contractors agree to implement the Project ‘‘(e) UNDERSTANDING THE FEDERAL REGU- SEC. 710. FUND FOR THE IMPROVEMENT OF GRAD program and provide matching funds LATORY IMPACT ON HIGHER EDUCATION.— POSTSECONDARY EDUCATION. for such programs; and ‘‘(1) PURPOSE.—The purpose of this sub- Section 741 (20 U.S.C. 1138) is amended— ‘‘(B) directly carry out— section is to help institutions of higher edu- (1) in subsection (a)— ‘‘(i) activities to implement and sustain cation understand the regulatory impact of (A) by striking paragraph (3) and inserting the literacy, mathematics, classroom man- the Federal Government on such institu- the following: agement, social service, and college access tions, in order to raise awareness of institu- ‘‘(3) the establishment and continuation of components of the Project GRAD program; tional legal obligations and provide informa- institutions, programs, consortia, collabora- ‘‘(ii) activities for the purpose of imple- tion to improve compliance with, and to re- tions, and other joint efforts based on the menting new Project GRAD program sites; duce the duplication and inefficiency of, Fed- technology of communications, including ‘‘(iii) activities to support, evaluate, and eral regulations. those efforts that utilize distance education consistently improve the Project GRAD pro- ‘‘(2) PROGRAM AUTHORIZED.—The Secretary and technological advancements to educate gram; is authorized to award 1 grant or contract to and train postsecondary students (including ‘‘(iv) activities for the purpose of pro- an institution of higher education to enable health professionals serving medically un- moting greater public awareness of inte- the institution to carry out the activities de- derserved populations);’’; grated education reform services to improve scribed in the agreement under paragraph (B) in paragraph (7), by striking ‘‘and’’ secondary school graduation, college attend- (4). after the semicolon; ance, and college completion rates for at- ‘‘(3) INSTITUTION REQUIREMENTS.—The Sec- (C) in paragraph (8), by striking the period risk students; and retary shall award the grant or contract at the end and inserting a semicolon; and ‘‘(v) other activities directly related to im- under this subsection to an institution of (D) by adding at the end the following: proving secondary school graduation, college higher education that has demonstrated ex- ‘‘(9) the introduction of reforms in reme- attendance, and college completion rates for pertise in— dial education, including English language at-risk students. ‘‘(A) reviewing Federal higher education instruction, to customize remedial courses ‘‘(5) GRANTEE CONTRIBUTION AND MATCHING regulations; to student goals and help students progress REQUIREMENT.— ‘‘(B) maintaining a clearinghouse of com- rapidly from remedial courses into core ‘‘(A) IN GENERAL.—The grantee shall pro- pliance training materials; and courses and through program completion; vide funds to each subcontractor based on ‘‘(C) explaining the impact of such regula- and the number of students served by the subcon- tions to institutions of higher education ‘‘(10) the creation of consortia that join di- tractor in the Project GRAD program, ad- through a comprehensive and freely acces- verse institutions of higher education to de- justed to take into consideration— sible website. sign and offer curricular and co-curricular ‘‘(i) the resources available in the area ‘‘(4) REQUIREMENTS OF AGREEMENT.—As a interdisciplinary programs at the under- where the subcontractor will implement the condition of receiving a grant or contract graduate and graduate levels, sustained for Project GRAD program; and under this subsection, the institution of not less than a 5 year period, that— ‘‘(ii) the need for the Project GRAD pro- higher education shall enter into an agree- ‘‘(A) focus on poverty and human capa- gram in such area to improve student out- ment with the Secretary that shall require bility; and comes, including reading and mathematics the institution to— ‘‘(B) include— achievement and, where applicable, sec- ‘‘(A) monitor Federal regulations, includ- ‘‘(i) a service-learning component; and ondary school graduation, college attend- ing notices of proposed rulemaking, for their ‘‘(ii) the delivery of educational services ance, and college completion rates. impact or potential impact on higher edu- through informational resource centers, ‘‘(B) MATCHING REQUIREMENT.—Each sub- cation; summer institutes, midyear seminars, and contractor shall provide funds for the ‘‘(B) provide a succinct description of each other educational activities that stress the Project GRAD program in an amount that is regulation or proposed regulation that is rel- effects of poverty and how poverty can be al- equal to or greater than the amount received evant to higher education; and leviated through different career paths.’’; by the subcontractor from the grantee. Such ‘‘(C) maintain a website providing informa- and matching funds may be provided in cash or tion on Federal regulations that is easy to (2) by adding at the end the following: in-kind, fairly evaluated. use, searchable, and updated regularly. ‘‘(c) PROJECT GRAD.— ‘‘(6) EVALUATION.—The Secretary shall se- ‘‘(f) SCHOLARSHIP PROGRAM FOR FAMILY ‘‘(1) PURPOSES.—The purposes of this sub- lect an independent entity to evaluate, every MEMBERS OF VETERANS OR MEMBERS OF THE section are— 3 years, the performance of students who MILITARY.—

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‘‘(1) AUTHORIZATION.—The Secretary shall ‘‘(A) provide students with a broad and in- ‘‘(ii) DEVELOPMENT.—The training and sup- contract with a nonprofit organization with tegrated knowledge base; port described in clause (i) may include de- demonstrated experience in carrying out the ‘‘(B) include, at a minimum, broad survey veloping means to offer students credit-bear- activities described in this subsection to courses in English literature, American and ing, college-level coursework, and career and carry out a program to provide postsec- world history, American political institu- educational counseling.’’; and ondary education scholarships for eligible tions, economics, philosophy, college-level (vi) by adding at the end the following: students. mathematics, and the natural sciences; and ‘‘(G) ACCESSIBILITY OF EDUCATION.—Making ‘‘(2) ELIGIBLE STUDENTS.—In this sub- ‘‘(C) include sufficient study of a foreign postsecondary education more accessible to section, the term ‘eligible student’ means an language to lead to reading and writing com- students with disabilities through cur- individual who is— petency in the foreign language. riculum development.’’; and ‘‘(A)(i) a dependent student who is a child ‘‘(5) International cooperation and student (B) in paragraph (3), by striking ‘‘subpara- of— exchanges among postsecondary educational graphs (A) through (C)’’ and inserting ‘‘sub- ‘‘(I) an individual who is— institutions.’’. paragraphs (A) through (G)’’; and ‘‘(aa) serving on active duty during a war SEC. 712. AUTHORIZATION OF APPROPRIATIONS (2) by adding at the end the following: or other military operation or national FOR THE FUND FOR THE IMPROVE- ‘‘(d) REPORT.—Not later than 3 years after emergency (as defined in section 481); or MENT OF POSTSECONDARY EDU- the date of enactment of the Higher Edu- ‘‘(bb) performing qualifying National CATION. cation Amendments of 2007, the Secretary Guard duty during a war or other military Section 745 (20 U.S.C. 1138d) is amended by shall prepare and disseminate a report re- operation or national emergency (as defined striking ‘‘$30,000,000 for fiscal year 1999’’ and viewing the activities of the demonstration in section 481); or all that follows through the period and in- projects authorized under this subpart and ‘‘(II) a veteran who died while serving or serting ‘‘such sums as may be necessary for providing guidance and recommendations on performing, as described in subclause (I), fiscal year 2008 and each of the 5 succeeding how successful projects can be replicated.’’. since September 11, 2001, or has been disabled fiscal years.’’. (b) TRANSITION PROGRAMS FOR STUDENTS while serving or performing, as described in SEC. 713. REPEAL OF THE URBAN COMMUNITY WITH INTELLECTUAL DISABILITIES INTO HIGH- subclause (I), as a result of such event; or SERVICE PROGRAM. ER EDUCATION; COORDINATING CENTER.—Part ‘‘(ii) an independent student who is a Part C of title VII (20 U.S.C. 1139 et seq.) is D of title VII (20 U.S.C. 1140 et seq.) is fur- spouse of— repealed. ther amended— ‘‘(I) an individual who is— SEC. 714. GRANTS FOR STUDENTS WITH DISABIL- (1) in the part heading, by striking ‘‘dem- ‘‘(aa) serving on active duty during a war ITIES. onstration’’; or other military operation or national (a) GRANTS AUTHORIZED FOR DEMONSTRA- (2) by inserting after the part heading the emergency (as defined in section 481); or TION PROJECTS TO ENSURE STUDENTS WITH following: ‘‘(bb) performing qualifying National DISABILITIES RECEIVE A QUALITY HIGHER EDU- ‘‘Subpart 1—Quality Higher Education’’; Guard duty during a war or other military CATION.—Section 762 (20 U.S.C. 1140a) is and amended— operation or national emergency (as defined (3) by adding at the end the following: (1) in subsection (b)— in section 481); or ‘‘Subpart 2—Transition Programs for Stu- ‘‘(II) a veteran who died while serving or (A) in paragraph (2)— (i) in subparagraph (A), by striking ‘‘to dents With Intellectual Disabilities Into performing, as described in subclause (I), Higher Education; Coordinating Center since September 11, 2001, or has been disabled teach students with disabilities’’ and insert- ‘‘SEC. 771. PURPOSE. while serving or performing, as described in ing ‘‘to teach and meet the academic and ‘‘It is the purpose of this subpart to sup- subclause (I), as a result of such event; and programmatic needs of students with disabil- ities in order to improve retention and com- port model demonstration programs that ‘‘(B) enrolled as a full-time or part-time promote the successful transition of students student at an institution of higher education pletion of postsecondary education’’; (ii) by redesignating subparagraphs (B) and with intellectual disabilities into higher edu- (as defined in section 102). cation. ‘‘(3) AWARDING OF SCHOLARSHIPS.—Scholar- (C) as subparagraphs (C) and (F), respec- ‘‘SEC. 772. DEFINITIONS. ships awarded under this subsection shall be tively; ‘‘In this subpart: awarded based on need with priority given to (iii) by inserting after subparagraph (A) ‘‘(1) COMPREHENSIVE TRANSITION AND POST- eligible students who are eligible to receive the following: SECONDARY PROGRAM FOR STUDENTS WITH IN- Federal Pell Grants under subpart 1 of part ‘‘(B) EFFECTIVE TRANSITION PRACTICES.— TELLECTUAL DISABILITIES.—The term ‘com- A of title IV. The development of innovative and effective prehensive transition and postsecondary pro- ‘‘(4) MAXIMUM SCHOLARSHIP AMOUNT.—The teaching methods and strategies to ensure gram for students with intellectual disabil- maximum scholarship amount awarded to an the successful transition of students with ities’ means a degree, certificate, or non- eligible student under this subsection for an disabilities from secondary school to post- degree program offered by an institution of academic year shall be the lesser of— secondary education.’’; higher education that— ‘‘(A) the difference between the eligible (iv) in subparagraph (C), as redesignated by ‘‘(A) is designed for students with intellec- student’s cost of attendance (as defined in clause (ii), by striking the period at the end tual disabilities who seek to continue aca- and inserting ‘‘, including data on the post- section 472) and any non-loan based aid such demic, vocational, or independent living in- secondary education of and impact on subse- student receives; or struction at the institution in order to pre- quent employment of students with disabil- ‘‘(B) $5,000. pare for gainful employment; ities. Such research, information, and data ‘‘(5) AMOUNTS FOR SCHOLARSHIPS.—All of ‘‘(B) includes an advising and curriculum shall be made publicly available and acces- the amounts appropriated to carry out this structure; and sible.’’; subsection for a fiscal year shall be used for ‘‘(C) requires the enrollment of the student (v) by inserting after subparagraph (C), as scholarships awarded under this subsection, (through enrollment in credit-bearing redesignated by clause (ii), the following: except that a nonprofit organization receiv- courses, auditing or participating in courses, ‘‘(D) DISTANCE LEARNING.—The develop- ing a contract under this subsection may use participating in internships, or enrollment ment of innovative and effective teaching not more than 1 percent of such amounts for in noncredit, nondegree courses) in the the administrative costs of the contract.’’. methods and strategies to provide faculty equivalent of not less than a half-time SEC. 711. SPECIAL PROJECTS. and administrators with the ability to pro- course of study, as determined by the insti- Section 744(c) (20 U.S.C. 1138c) is amended vide accessible distance education programs tution. or classes that would enhance access of stu- to read as follows: ‘‘(2) STUDENT WITH AN INTELLECTUAL DIS- dents with disabilities to higher education, ‘‘(c) AREAS OF NATIONAL NEED.—Areas of ABILITY.—The term ‘student with an intellec- national need shall include, at a minimum, including the use of accessible curriculum tual disability’ means a student whose men- the following: and electronic communication for instruc- tal retardation or other significant cognitive ‘‘(1) Institutional restructuring to improve tion and advisement. impairment substantially impacts the stu- learning and promote productivity, effi- ‘‘(E) DISABILITY CAREER PATHWAYS.— dent’s intellectual and cognitive func- ciency, quality improvement, and cost and ‘‘(i) IN GENERAL.—Training and providing tioning. price control. support to secondary and postsecondary staff ‘‘SEC. 773. MODEL COMPREHENSIVE TRANSITION ‘‘(2) Improvements in academic instruction with respect to disability-related fields to— AND POSTSECONDARY PROGRAMS and student learning, including efforts de- ‘‘(I) encourage interest and participation FOR STUDENTS WITH INTELLEC- signed to assess the learning gains made by in such fields, among students with disabil- TUAL DISABILITIES. postsecondary students. ities and other students; ‘‘(a) GRANTS AUTHORIZED.— ‘‘(3) Articulation between 2- and 4-year in- ‘‘(II) enhance awareness and understanding ‘‘(1) IN GENERAL.—The Secretary shall an- stitutions of higher education, including de- of such fields among such students; nually award grants, on a competitive basis, veloping innovative methods for ensuring ‘‘(III) provide educational opportunities in to institutions of higher education (or con- the successful transfer of students from 2- to such fields among such students; sortia of institutions of higher education), to 4-year institutions of higher education. ‘‘(IV) teach practical skills related to such create or expand high-quality, inclusive ‘‘(4) Development, evaluation and dissemi- fields among such students; and model comprehensive transition and postsec- nation of model programs, including model ‘‘(V) offer work-based opportunities in such ondary programs for students with intellec- core curricula that— fields among such students. tual disabilities.

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‘‘(2) NUMBER AND DURATION OF GRANTS.— ities upon the completion of the model pro- ‘‘(ii) evaluation of student progress; The Secretary shall award not less than 10 gram. ‘‘(iii) program administration and evalua- grants per year under this section, and each ‘‘(e) MATCHING REQUIREMENT.—An institu- tion; grant awarded under this subsection shall be tion of higher education that receives a ‘‘(iv) student eligibility; and for a period of 5 years. grant under this section shall provide toward ‘‘(v) issues regarding the equivalency of a ‘‘(b) APPLICATION.—An institution of high- the cost of the model comprehensive transi- student’s participation in such programs to er education (or a consortium) desiring a tion and postsecondary program for students semester, trimester, quarter, credit, or clock grant under this section shall submit an ap- with intellectual disabilities carried out hours at an institution of higher education, plication to the Secretary at such time, in under the grant, matching funds, which may as the case may be; such manner, and containing such informa- be provided in cash or in-kind, in an amount ‘‘(6) analyze possible funding streams for tion as the Secretary may require. not less than 25 percent of the amount of such programs and provide recommendations ‘‘(c) PREFERENCE.—In awarding grants such grant funds. regarding the funding streams; ‘‘(f) REPORT.—Not later than 3 years after under this section, the Secretary shall give ‘‘(7) develop model memoranda of agree- the date of enactment of the Higher Edu- preference to institutions of higher edu- ment between institutions of higher edu- cation (or consortia) that— cation Amendments of 2007, the Secretary cation and agencies providing funding for ‘‘(1) will carry out a model program under shall prepare and disseminate a report re- such programs; the grant in a State that does not already viewing the activities of the model com- ‘‘(8) develop mechanisms for regular com- have a comprehensive transition and post- prehensive transition and postsecondary pro- munication between the recipients of grants secondary program for students with intel- grams for students with intellectual disabil- under section 773 regarding such programs; lectual disabilities; or ities authorized under this subpart and pro- and ‘‘(2) in the application submitted under viding guidance and recommendations on ‘‘(9) host a meeting of all recipients of subsection (b), agree to incorporate 1 or how successful programs can be replicated. grants under section 773 not less often than more the following elements into the model ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— once a year. programs carried out under the grant: There are authorized to be appropriated to ‘‘(c) DEFINITION OF ELIGIBLE ENTITY.—In ‘‘(A) The formation of a partnership with carry out this section such sums as may be this section, the term ‘eligible entity’ means any relevant agency serving students with necessary. an entity, or a partnership of entities, that intellectual disabilities, such as a vocational ‘‘SEC. 774. COORDINATING CENTER FOR TECH- has demonstrated expertise in the fields of rehabilitation agency. NICAL ASSISTANCE, EVALUATION, AND DEVELOPMENT OF ACCREDITA- higher education, students with intellectual ‘‘(B) In the case of an institution of higher TION STANDARDS. disabilities, the development of comprehen- education that provides institutionally- ‘‘(a) IN GENERAL.— sive transition and postsecondary programs owned or operated housing for students at- ‘‘(1) AWARD.—The Secretary shall, on a for students with intellectual disabilities, tending the institution, the integration of competitive basis, enter into a cooperative and evaluation. students with intellectual disabilities into agreement with an eligible entity, for the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— such housing. purpose of establishing a coordinating center There are authorized to be appropriated to ‘‘(C) The involvement of students attend- for technical assistance, evaluation, and de- carry out this section such sums as may be ing the institution of higher education who velopment of accreditation standards for in- necessary.’’. are studying special education, general edu- stitutions of higher education that offer in- (c) CONFORMING AMENDMENTS.—Part D of cation, vocational rehabilitation, assistive clusive model comprehensive transition and title VII (20 U.S.C. 1140 et seq.) is further technology, or related fields in the model postsecondary programs for students with amended— program carried out under the grant. intellectual disabilities. (1) in section 761, by striking ‘‘part’’ and ‘‘(d) USE OF FUNDS.—An institution of ‘‘(2) DURATION.—The cooperative agree- inserting ‘‘subpart’’; higher education (or consortium) receiving a ment under this section shall be for a period (2) in section 762 (as amended by subsection grant under this section shall use the grant of 5 years. (a)), by striking ‘‘part’’ each place the term funds to establish a model comprehensive ‘‘(b) REQUIREMENTS OF COOPERATIVE AGREE- appears and inserting ‘‘subpart’’; transition and postsecondary program for MENT.—The eligible entity entering into a (3) in section 763, by striking ‘‘part’’ both students with intellectual disabilities that— cooperative agreement under this section places the term appears and inserting ‘‘sub- ‘‘(1) serves students with intellectual dis- shall establish and maintain a center that part’’; abilities, including students with intellec- shall— (4) in section 764, by striking ‘‘part’’ and tual disabilities who are no longer eligible ‘‘(1) serve as the technical assistance enti- inserting ‘‘subpart’’; and for special education and related services ty for all model comprehensive transition (5) in section 765, by striking ‘‘part’’ and under the Individuals with Disabilities Edu- and postsecondary programs for students inserting ‘‘subpart’’. cation Act; with intellectual disabilities assisted under ‘‘(2) provides individual supports and serv- SEC. 715. APPLICATIONS FOR DEMONSTRATION section 773; PROJECTS TO ENSURE STUDENTS ices for the academic and social inclusion of ‘‘(2) provide technical assistance regarding WITH DISABILITIES RECEIVE A students with intellectual disabilities in aca- the development, evaluation, and continuous QUALITY HIGHER EDUCATION. demic courses, extracurricular activities, improvement of such programs; Section 763 (as amended in section and other aspects of the institution of higher ‘‘(3) develop an evaluation protocol for 714(c)(3)) (20 U.S.C. 1140b) is further amend- education’s regular postsecondary program; such programs that includes qualitative and ed— ‘‘(3) with respect to the students with in- quantitative methodology measuring stu- (1) by striking paragraph (1) and inserting tellectual disabilities participating in the dent outcomes and program strengths in the the following: model program, provides a focus on— areas of academic enrichment, socialization, ‘‘(1) a description of how such institution ‘‘(A) academic enrichment; independent living, and competitive or sup- plans to address the activities allowed under ‘‘(B) socialization; ported employment; this subpart;’’; ‘‘(C) independent living, including self-ad- ‘‘(4) assist recipients of grants under sec- (2) in paragraph (2), by striking ‘‘and’’ vocacy skills; and tion 773 in efforts to award a meaningful cre- after the semicolon; ‘‘(D) integrated work experiences and ca- dential to students with intellectual disabil- (3) in paragraph (3), by striking the period reer skills that lead to gainful employment; ities upon the completion of such programs, at the end and inserting ‘‘; and’’; and ‘‘(4) integrates person-centered planning in which credential takes into consideration (4) by adding at the end the following: the development of the course of study for unique State factors; ‘‘(4) a description of the extent to which each student with an intellectual disability ‘‘(5) develop model criteria, standards, and the institution will work to replicate the re- participating in the model program; procedures to be used in accrediting such search based and best practices of institu- ‘‘(5) participates with the coordinating programs that— tions of higher education with demonstrated center established under section 774 in the ‘‘(A) include, in the development of the success in serving students with disabil- evaluation of the model program; model criteria, standards, and procedures for ities.’’. ‘‘(6) partners with 1 or more local edu- such programs, the participation of— SEC. 716. AUTHORIZATION OF APPROPRIATIONS cational agencies to support students with ‘‘(i) an expert in higher education; FOR DEMONSTRATION PROJECTS TO intellectual disabilities participating in the ‘‘(ii) an expert in special education; ENSURE STUDENTS WITH DISABIL- model program who are still eligible for spe- ‘‘(iii) a disability organization that rep- ITIES RECEIVE A QUALITY HIGHER cial education and related services under resents students with intellectual disabil- EDUCATION. such Act, including regarding the utilization ities; and Section 765 (20 U.S.C. 1140d) is amended by of funds available under part B of the Indi- ‘‘(iv) a State, regional, or national accred- striking ‘‘$10,000,000 for fiscal year 1999’’ and viduals with Disabilities Education Act for iting agency or association recognized by the all that follows through the period and in- such students; Secretary under subpart 2 of part H of title serting ‘‘such sums as may be necessary for ‘‘(7) plans for the sustainability of the IV; and fiscal year 2008 and each of the 5 succeeding model program after the end of the grant pe- ‘‘(B) define the necessary components of fiscal years.’’. riod; and such programs, such as— SEC. 717. RESEARCH GRANTS. ‘‘(8) creates and offers a meaningful cre- ‘‘(i) academic, vocational, social, and inde- Title VII (20 U.S.C. 1133 et seq.) is further dential for students with intellectual disabil- pendent living skills; amended by adding at the end the following:

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POSTSECONDARY EDUCATION ASSESS- is authorized to award grants, on a competi- by the grant, equal to 50 percent of the MENT. amount received for the fiscal year under the tive basis, to eligible entities to enable the ‘‘(a) CONTRACT FOR ASSESSMENT.—The Sec- eligible entities to develop or improve valid grant. retary shall enter into a contract, with an and reliable measures of student achieve- ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant independent, bipartisan organization with ment for use by institutions of higher edu- funds provided under this section shall be specific expertise in public administration cation to measure and evaluate learning in used to supplement, not supplant, other Fed- and financial management, to carry out an higher education. eral or State funds. independent assessment of the cost factors ‘‘(b) DEFINITIONS.—In this section: ‘‘(h) REPORT.— associated with the cost of tuition at institu- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(1) REPORT.—The Secretary shall provide tions of higher education. an annual report to Congress on the imple- entity’ means— ‘‘(b) TIMEFRAME.—The Secretary shall mentation of the grant program assisted ‘‘(A) an institution of higher education; enter into the contract described in sub- under this section. ‘‘(B) a State agency responsible for higher section (a) not later than 90 days after the ‘‘(2) CONTENT.—The report shall include— education; date of enactment of the Higher Education ‘‘(A) information regarding the develop- ‘‘(C) a recognized higher education accred- Amendments of 2007. ment or improvement of scientifically valid iting agency or an organization of higher ‘‘(c) MATTERS ASSESSED.—The assessment and reliable measures of student achieve- education accreditors; described in subsection (a) shall— ment; ‘‘(D) an eligible applicant described in sec- ‘‘(1) examine the key elements driving the ‘‘(B) a description of the assessments or tion 174(c) of the Education Sciences Reform cost factors associated with the cost of tui- other measures developed by eligible enti- Act of 2002; and tion at institutions of higher education dur- ties; ‘‘(E) a consortium of any combination of ing the 2001–2002 academic year and suc- ‘‘(C) the results of any pilot or demonstra- entities described in subparagraphs (A) ceeding academic years; tion projects assisted under this section; and through (D). ‘‘(2) identify and evaluate measures being ‘‘(D) such other information as the Sec- ‘‘(c) APPLICATION.— used to control postsecondary education retary may require.’’. ‘‘(1) IN GENERAL.—Each eligible entity that costs; desires a grant under this part shall submit TITLE VIII—MISCELLANEOUS ‘‘(3) identify and evaluate effective meas- an application to the Secretary at such time, SEC. 801. MISCELLANEOUS. ures that may be utilized to control postsec- in such manner, and accompanied by such in- The Act (20 U.S.C. 1001 et seq.) is amended ondary education costs in the future; and formation as the Secretary may require. by adding at the end the following: ‘‘(4) identify systemic approaches to mon- ‘‘(2) CONTENTS.—Each application sub- ‘‘TITLE VIII—MISCELLANEOUS itor future postsecondary education cost mitted under subsection (a) shall include a trends and postsecondary education cost description of how the eligible entity— ‘‘PART A—MATHEMATICS AND SCIENCE control mechanisms. ‘‘(A) will work with relevant experts, in- SCHOLARS PROGRAM ‘‘PART C—JOB SKILL TRAINING IN HIGH- cluding psychometricians, research experts, ‘‘SEC. 811. MATHEMATICS AND SCIENCE SCHOL- GROWTH OCCUPATIONS OR INDUSTRIES institutions, associations, and other quali- ARS PROGRAM. fied individuals as determined appropriate ‘‘(a) PROGRAM AUTHORIZED.—The Secretary ‘‘SEC. 821. JOB SKILL TRAINING IN HIGH-GROWTH by the eligible entity; is authorized to award grants to States, on a OCCUPATIONS OR INDUSTRIES. ‘‘(B) will reach a broad and diverse range of competitive basis, to enable the States to ‘‘(a) GRANTS AUTHORIZED.—The Secretary audiences; award eligible students, who complete a rig- is authorized to award grants, on a competi- ‘‘(C) has participated in work in improving orous secondary school curriculum in mathe- tive basis, to eligible partnerships to enable postsecondary education; matics and science, scholarships for under- the eligible partnerships to provide relevant ‘‘(D) has participated in work in developing graduate study. job skill training in high-growth industries or improving assessments to measure stu- ‘‘(b) ELIGIBLE STUDENTS.—A student is eli- or occupations. dent achievement; gible for a scholarship under this section if ‘‘(b) DEFINITIONS.—In this section: ‘‘(E) includes faculty, to the extent prac- the student is a full-time undergraduate stu- ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eli- ticable, in the development of any assess- dent in the student’s first and second year of gible partnership’ means a partnership— ments or measures of student achievement; study who has completed a rigorous sec- ‘‘(A) between an institution of higher edu- and ondary school curriculum in mathematics cation and a local board (as such term is de- ‘‘(F) will focus on program specific meas- and science. fined in section 101 of the Workforce Invest- ures of student achievement generally appli- ‘‘(c) RIGOROUS CURRICULUM.—Each partici- ment Act of 1998); or cable to an entire— pating State shall determine the require- ‘‘(B) if an institution of higher education is ‘‘(i) institution of higher education; or ments for a rigorous secondary school cur- located within a State that does not operate ‘‘(ii) State system of higher education. riculum in mathematics and science de- local boards, between the institution of high- ‘‘(d) AWARD BASIS.—In awarding grants scribed in subsection (b). er education and a State board (as such term under this section, the Secretary shall take ‘‘(d) PRIORITY FOR SCHOLARSHIPS.—The is defined in section 101 of the Workforce In- into consideration— Governor of a State may set a priority for vestment Act of 1998). ‘‘(1) the quality of an application for a awarding scholarships under this section for ‘‘(2) NONTRADITIONAL STUDENT.—The term grant under this section; particular eligible students, such as students ‘nontraditional student’ means a student ‘‘(2) the distribution of the grants to dif- attending schools in high-need areas, stu- who— ferent— dents who are from groups underrepresented ‘‘(A) is independent, as defined in section ‘‘(A) geographic regions; in the fields of mathematics, science, and en- 480(d); ‘‘(B) types of institutions of higher edu- gineering, students served by local edu- ‘‘(B) attends an institution of higher edu- cation; and cational agencies that do not meet or exceed cation— ‘‘(C) higher education accreditors. State standards in mathematics and science, ‘‘(i) on less than a full-time basis; ‘‘(e) USE OF FUNDS.—Each eligible entity or students with regional or geographic ‘‘(ii) via evening, weekend, modular, or receiving a grant under this section may use needs as determined appropriate by the Gov- compressed courses; or the grant funds— ernor. ‘‘(iii) via distance education methods; or ‘‘(1) to enable the eligible entity to im- ‘‘(e) AMOUNT AND DURATION OF SCHOLAR- ‘‘(C) has delayed enrollment at an institu- prove the quality, validity, and reliability of SHIP.—The Secretary shall award a grant tion of higher education. existing assessments used by institutions of under this section— ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— higher education; ‘‘(1) in an amount that does not exceed The term ‘institution of higher education’ ‘‘(2) to develop measures of student $1,000; and means an institution of higher education, as achievement using multiple measures of stu- ‘‘(2) for not more than 2 years of under- defined in section 101(b), that offers a 1- or 2- dent achievement from multiple sources; graduate study. year program of study leading to a degree or ‘‘(3) to measure improvement in student ‘‘(f) MATCHING REQUIREMENT.—In order to certificate. achievement over time; receive a grant under this section, a State ‘‘(c) APPLICATION.— ‘‘(4) to evaluate student achievement; shall provide matching funds for the scholar- ‘‘(1) IN GENERAL.—Each eligible partnership ‘‘(5) to develop models of effective prac- ships awarded under this section in an that desires a grant under this section shall tices; and amount equal to 50 percent of the Federal submit an application to the Secretary at ‘‘(6) for a pilot or demonstration project of funds received. such time, in such manner, and accompanied measures of student achievement. ‘‘(g) AUTHORIZATION.—There are authorized by such additional information as the Sec- ‘‘(f) MATCHING REQUIREMENT.—An eligible to be appropriated to carry out this section retary may require. entity described in subparagraph (A), (B), or such sums as may be necessary for fiscal ‘‘(2) CONTENTS.—Each application sub- (C) of subsection (b)(1) that receives a grant year 2008 and each of the 5 succeeding fiscal mitted under paragraph (1) shall include a under this section shall provide for each fis- years. description of—

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‘‘(A) how the eligible partnership, through ‘‘PART D—ADDITIONAL CAPACITY FOR ‘‘(d) PROHIBITION.— the institution of higher education, will pro- R.N. STUDENTS OR GRADUATE-LEVEL ‘‘(1) IN GENERAL.—Funds provided under vide relevant job skill training for students NURSING STUDENTS this section may not be used for the con- to enter high-growth occupations or indus- ‘‘SEC. 826. ADDITIONAL CAPACITY FOR R.N. STU- struction of new facilities. tries; DENTS OR GRADUATE-LEVEL NURS- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) local high-growth occupations or in- ING STUDENTS. paragraph (1) shall be construed to prohibit dustries; and ‘‘(a) AUTHORIZATION.—The Secretary shall funds provided under this section from being award grants to institutions of higher edu- ‘‘(C) the need for qualified workers to meet used for the repair or renovation of facilities. cation that offer— ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— the local demand of high-growth occupations ‘‘(1) a R.N. nursing program at the bacca- There are authorized to be appropriated to or industries. laureate or associate degree level to enable carry out this section such sums as may be ‘‘(d) AWARD BASIS.—In awarding grants such program to expand the faculty and fa- necessary. under this section, the Secretary shall— cilities of such program to accommodate ad- ‘‘PART E—AMERICAN HISTORY FOR ‘‘(1) ensure an equitable distribution of ditional R.N. nursing program students; or FREEDOM grant funds under this section among urban ‘‘(2) a graduate-level nursing program to accommodate advanced practice degrees for ‘‘SEC. 831. AMERICAN HISTORY FOR FREEDOM. and rural areas of the United States; and ‘‘(a) GRANTS AUTHORIZED.—The Secretary ‘‘(2) take into consideration the capability R.N.s or to accommodate students enrolled in a graduate-level nursing program to pro- is authorized to award 3-year grants, on a of the institution of higher education— vide teachers of nursing students. competitive basis, to eligible institutions to ‘‘(A) to offer relevant, high quality instruc- ‘‘(b) DETERMINATION OF NUMBER OF STU- establish or strengthen postsecondary aca- tion and job skill training for students enter- DENTS AND APPLICATION.—Each institution of demic programs or centers that promote and ing a high-growth occupation or industry; higher education that offers a program de- impart knowledge of— ‘‘(B) to involve the local business commu- scribed in subsection (a) that desires to re- ‘‘(1) traditional American history; nity and to place graduates in the commu- ceive a grant under this section shall— ‘‘(2) the history and nature of, and threats nity in employment in high-growth occupa- ‘‘(1) determine for the 4 academic years to, free institutions; or tions or industries; preceding the academic year for which the ‘‘(3) the history and achievements of West- ‘‘(C) to provide secondary students with determination is made the average number ern civilization. dual-enrollment or concurrent enrollment of matriculated nursing program students at ‘‘(b) DEFINITIONS.—In this section: options; such institution for such academic years; ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eli- ‘‘(D) to serve nontraditional or low-income and gible institution’ means an institution of higher education as defined in section 101. students, or adult or displaced workers; and ‘‘(2) submit an application to the Secretary at such time, in such manner, and accom- ‘‘(2) FREE INSTITUTION.—The term ‘free in- ‘‘(E) to serve students from rural or remote panied by such information as the Secretary stitution’ means an institution that emerged communities. may require, including the average number out of Western civilization, such as democ- ‘‘(e) USE OF FUNDS.—Grant funds provided determined under paragraph (1). racy, constitutional government, individual under this section may be used— ‘‘(c) GRANT AMOUNT; AWARD BASIS.— rights, market economics, religious freedom ‘‘(1) to expand or create academic pro- ‘‘(1) GRANT AMOUNT.—For each academic and religious tolerance, and freedom of grams or programs of training that provide year after academic year 2006–2007, the Sec- thought and inquiry. relevant job skill training for high-growth retary shall provide to each institution of ‘‘(3) TRADITIONAL AMERICAN HISTORY.—The occupations or industries; higher education awarded a grant under this term ‘traditional American history’ means— ‘‘(2) to purchase equipment which will fa- section an amount that is equal to $3,000 ‘‘(A) the significant constitutional, polit- multiplied by the number of matriculated cilitate the development of academic pro- ical, intellectual, economic, and foreign pol- nursing program students at such institution grams or programs of training that provide icy trends and issues that have shaped the for such academic year that is more than the course of American history; and training for high-growth occupations or in- average number determined with respect to ‘‘(B) the key episodes, turning points, and dustries; such institution under subsection (b)(1). leading figures involved in the constitu- ‘‘(3) to support outreach efforts that enable Such amount shall be used for the purposes tional, political, intellectual, diplomatic, students to attend institutions of higher described in subsection (a). and economic history of the United States. education with academic programs or pro- ‘‘(2) DISTRIBUTION OF GRANTS AMONG DIF- ‘‘(c) APPLICATION.— grams of training focused on high-growth oc- FERENT DEGREE PROGRAMS.— ‘‘(1) IN GENERAL.—Each eligible institution cupations or industries; ‘‘(A) IN GENERAL.—Subject to subparagraph that desires a grant under this part shall ‘‘(4) to expand or create programs for dis- (B), from the funds available to award grants submit an application to the Secretary at tance, evening, weekend, modular, or com- under this section for each fiscal year, the such time, in such manner, and accompanied pressed learning opportunities that provide Secretary shall— by such additional information as the Sec- relevant job skill training in high-growth oc- ‘‘(i) use 20 percent of such funds to award retary may require. cupations or industries; grants under this section to institutions of ‘‘(2) CONTENTS.—Each application sub- ‘‘(5) to build partnerships with local busi- higher education for the purpose of accom- mitted under subsection (a) shall include a nesses in high-growth occupations or indus- modating advanced practice degrees or stu- description of — tries; dents in graduate-level nursing programs; ‘‘(A) how funds made available under this ‘‘(6) to support curriculum development re- ‘‘(ii) use 40 percent of such funds to award part will be used for the activities set forth lated to entrepreneurial training; and grants under this section to institutions of under subsection (e), including how such ac- ‘‘(7) for other uses that the Secretary de- higher education for the purpose of expand- tivities will increase knowledge with respect ing R.N. nursing programs at the bacca- termines to be consistent with the intent of to traditional American history, free institu- laureate degree level; and tions, or Western civilization; this section. ‘‘(iii) use 40 percent of such funds to award ‘‘(B) how the eligible institution will en- ‘‘(f) REQUIREMENTS.— grants under this section to institutions of sure that information about the activities ‘‘(1) FISCAL AGENT.—For the purpose of this higher education for the purpose of expand- funded under this part is widely dissemi- section, the institution of higher education ing R.N. nursing programs at the associate nated pursuant to subsection (e)(1)(B); in an eligible partnership shall serve as the degree level. ‘‘(C) any activities to be undertaken pursu- fiscal agent and grant recipient for the eligi- ‘‘(B) DISTRIBUTION OF EXCESS FUNDS.—If, for ant to subsection (e)(2)(A), including identi- ble partnership. a fiscal year, funds described in clause (i), fication of entities intended to participate; ‘‘(2) DURATION.—The Secretary shall award (ii), or (iii) of subparagraph (A) remain after ‘‘(D) how funds made available under this grants under this section for periods that the Secretary awards grants under this sec- part shall be used to supplement and not may not exceed 5 years. tion to all applicants for the particular cat- supplant non-Federal funds available for the ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds egory of nursing programs described in such activities described in subsection (e); and made available under this section shall be clause, the Secretary shall use equal ‘‘(E) such fiscal controls and accounting amounts of the remaining funds to award used to supplement and not supplant other procedures as may be necessary to ensure grants under this section to applicants for proper disbursement of and accounting for Federal, State, and local funds available to the remaining categories of nursing pro- funding made available to the eligible insti- the eligible partnership for carrying out the grams. tution under this part. activities described in subsection (e). ‘‘(C) EQUITABLE DISTRIBUTION.—In awarding ‘‘(d) AWARD BASIS.—In awarding grants ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— grants under this section, the Secretary under this part, the Secretary shall take There are authorized to be appropriated to shall, to the extent practicable, ensure— into consideration the capability of the eligi- carry out this part such sums as may be nec- ‘‘(i) an equitable geographic distribution of ble institution to— essary for fiscal year 2008 and each of the 5 the grants among the States; and ‘‘(1) increase access to quality program- succeeding fiscal years. ‘‘(ii) an equitable distribution of the grants ming that expands knowledge of traditional among different types of institutions of high- American history, free institutions, or West- er education. ern civilization;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.079 S29JYPT1 erowe on PRODPC61 with SENATE S7688 CONGRESSIONAL RECORD — SENATE July 29, 2008 ‘‘(2) involve personnel with strong exper- retary shall enter into an agreement with ‘‘PART G—PATSY T. MINK FELLOWSHIP tise in traditional American history, free in- the grantee under which the grantee agrees PROGRAM stitutions, or Western civilization; and to use the grant funds provided under this ‘‘SEC. 841. PATSY T. MINK FELLOWSHIP PRO- ‘‘(3) sustain the activities funded under section— GRAM. this part after the grant has expired. ‘‘(1) to provide highly qualified teachers to ‘‘(a) PURPOSE.— ‘‘(e) USE OF FUNDS.— high need local educational agencies in ‘‘(1) IN GENERAL.—It is the purpose of this ‘‘(1) REQUIRED USE OF FUNDS.—Funds pro- urban and rural communities; section to provide, through eligible institu- vided under this part shall be used to— ‘‘(2) to pay the cost of recruiting, selecting, tions, a program of fellowship awards to as- ‘‘(A) establish or strengthen academic pro- training, and supporting new teachers; and sist highly qualified minorities and women grams or centers focused on traditional ‘‘(3) to serve a substantial number and per- to acquire the doctoral degree, or highest American history, free institutions, or West- centage of underserved students. possible degree available, in academic areas ern civilization, which may include— in which such individuals are underrep- ‘‘(i) design and implementation of pro- ‘‘(d) AUTHORIZED ACTIVITIES.— resented for the purpose of enabling such in- grams of study, courses, lecture series, semi- ‘‘(1) IN GENERAL.—Grant funds provided dividuals to enter the higher education pro- nars, and symposia; under this section shall be used by the grant- fessoriate. ‘‘(ii) development, publication, and dis- ee to carry out each of the following activi- ‘‘(2) DESIGNATION.—Each recipient of a fel- semination of instructional materials; ties: lowship award from an eligible institution ‘‘(iii) research; ‘‘(A) Recruiting and selecting teachers receiving a grant under this section shall be ‘‘(iv) support for faculty teaching in under- through a highly selective national process. known as a ‘Patsy T. Mink Graduate Fellow’. graduate and, if applicable, graduate pro- ‘‘(B) Providing preservice training to the ‘‘(b) DEFINITIONS.—In this section, the term grams; teachers through a rigorous summer insti- ‘eligible institution’ means an institution of ‘‘(v) support for graduate and postgraduate tute that includes hands-on teaching experi- higher education, or a consortium of such in- fellowships, if applicable; or ence and significant exposure to education stitutions, that offers a program of ‘‘(vi) teacher preparation initiatives that coursework and theory. postbaccalaureate study leading to a grad- stress content mastery regarding traditional ‘‘(C) Placing the teachers in schools and uate degree. American history, free institutions, or West- positions designated by partner local edu- ‘‘(c) PROGRAM AUTHORIZED.— ern civilization; and cational agencies as high need placements ‘‘(1) GRANTS BY SECRETARY.— ‘‘(B) conduct outreach activities to ensure serving underserved students. ‘‘(A) IN GENERAL.—The Secretary shall that information about the activities funded ‘‘(D) Providing ongoing professional devel- award grants to eligible institutions to en- under this part is widely disseminated— opment activities for the teachers’ first 2 able such institutions to make fellowship ‘‘(i) to undergraduate students (including years in the classroom, including regular awards to individuals in accordance with the students enrolled in teacher education pro- classroom observations and feedback, and provisions of this section. grams, if applicable); ongoing training and support. ‘‘(B) PRIORITY CONSIDERATION.—In awarding ‘‘(ii) to graduate students (including stu- ‘‘(2) LIMITATION.—The grantee shall use all grants under this section, the Secretary dents enrolled in teacher education pro- grant funds received under this section to shall consider the eligible institution’s prior grams), if applicable; support activities related directly to the re- experience in producing doctoral degree, or ‘‘(iii) to faculty; cruitment, selection, training, and support highest possible degree available, holders ‘‘(iv) to local educational agencies; and of teachers as described in subsection (a). who are minorities and women, and shall ‘‘(v) within the local community. give priority consideration in making grants ‘‘(2) ALLOWABLE USES OF FUNDS.—Funds ‘‘(e) REPORTS AND EVALUATIONS.— under this section to those eligible institu- provided under this part may be used to sup- ‘‘(1) ANNUAL REPORT.—The grantee shall tions with a demonstrated record of pro- port— provide to the Secretary an annual report ducing minorities and women who have ‘‘(A) collaboration with entities such as— that includes— earned such degrees. ‘‘(i) local educational agencies, for the pur- ‘‘(A) data on the number and quality of the ‘‘(2) APPLICATIONS.— pose of providing elementary, middle and teachers provided to local educational agen- ‘‘(A) IN GENERAL.—An eligible institution secondary school teachers an opportunity to cies through a grant under this section; that desires a grant under this section shall enhance their knowledge of traditional ‘‘(B) an externally conducted analysis of submit an application to the Secretary at American history, free institutions, or West- the satisfaction of local educational agencies such time, in such manner, and containing ern civilization; and and principals with the teachers so provided; such information as the Secretary may re- ‘‘(ii) nonprofit organizations whose mission and quire. is consistent with the purpose of this part, ‘‘(C) comprehensive data on the back- ‘‘(B) APPLICATIONS MADE ON BEHALF.— such as academic organizations, museums, ground of the teachers chosen, the training ‘‘(i) IN GENERAL.—The following entities and libraries, for assistance in carrying out the teachers received, the placement sites of may submit an application on behalf of an activities described under subsection (a); and the teachers, the professional development eligible institution: ‘‘(B) other activities that meet the pur- of the teachers, and the retention of the ‘‘(I) A graduate school or department of poses of this part. teachers. such institution. ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) STUDY.— ‘‘(II) A graduate school or department of For the purpose of carrying out this part, ‘‘(A) IN GENERAL.—From funds appro- such institution in collaboration with an un- there are authorized to be appropriated such priated under subsection (f), the Secretary dergraduate college or university of such in- sums as may be necessary for fiscal year 2008 shall provide for a study that examines the stitution. and each of the 5 succeeding fiscal years. achievement levels of the students taught by ‘‘(III) An organizational unit within such ‘‘PART F—TEACH FOR AMERICA the teachers assisted under this section. institution that offers a program of ‘‘SEC. 836. TEACH FOR AMERICA. ‘‘(B) ACHIEVEMENT GAINS COMPARED.—The postbaccalaureate study leading to a grad- ‘‘(a) DEFINITIONS.— study shall compare, within the same uate degree, including an interdisciplinary ‘‘(1) IN GENERAL.—The terms ‘highly quali- schools, the achievement gains made by stu- or an interdepartmental program. fied’, ‘local educational agency’, and ‘Sec- dents taught by teachers who are assisted ‘‘(IV) A nonprofit organization with a dem- retary’ have the meanings given the terms in under this section with the achievement onstrated record of helping minorities and section 9101 of the Elementary and Sec- gains made by students taught by teachers women earn postbaccalaureate degrees. ondary Education Act of 1965 (20 U.S.C. 7801). who are not assisted under this section. ‘‘(ii) NONPROFIT ORGANIZATIONS.—Nothing in this paragraph shall be construed to per- ‘‘(2) GRANTEE.—The term ‘grantee’ means ‘‘(3) REQUIREMENTS.—The Secretary shall Teach For America, Inc. provide for such a study not less than once mit the Secretary to award a grant under ‘‘(3) HIGH NEED.—The term ‘high need’, every 3 years, and each such study shall in- this section to an entity other than an eligi- ble institution. when used with respect to a local edu- clude multiple placement sites and multiple ‘‘(3) SELECTION OF APPLICATIONS.—In cational agency, means a local educational schools within placement sites. agency experiencing a shortage of highly awarding grants under subsection (a), the ‘‘(4) PEER REVIEW STANDARDS.—Each such Secretary shall— qualified teachers. study shall meet the peer review standards ‘‘(b) GRANTS AUTHORIZED.—The Secretary ‘‘(A) take into account— of the education research community. is authorized to award a grant to Teach For ‘‘(i) the number and distribution of minor- America, Inc., the national teacher corps of ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ity and female faculty nationally; outstanding recent college graduates who ‘‘(1) IN GENERAL.—There are authorized to ‘‘(ii) the current and projected need for commit to teach for 2 years in underserved be appropriated to carry out this section highly trained individuals in all areas of the communities in the United States, to imple- such sums as may be necessary for fiscal higher education professoriate; and ment and expand its program of recruiting, year 2008 and each of the 5 succeeding fiscal ‘‘(iii) the present and projected need for selecting, training, and supporting new years. highly trained individuals in academic ca- teachers. ‘‘(2) LIMITATION.—The grantee shall not use reer fields in which minorities and women ‘‘(c) REQUIREMENTS.—In carrying out the more than 25 percent of Federal funds from are underrepresented in the higher education grant program under subsection (b), the Sec- any source for administrative costs. professoriate; and

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.079 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7689 ‘‘(B) consider the need to prepare a large awards to minorities and women who are en- tion as a result of the institution’s participa- number of minorities and women generally rolled at such institution in a doctoral de- tion in the program under this section; or in academic career fields of high national gree, or highest possible degree available, ‘‘(2) to hire a Patsy T. Mink Fellow who priority, especially in areas in which such in- program and— completes this program and seeks employ- dividuals are traditionally underrepresented ‘‘(A) intend to pursue a career in instruc- ment at such institution. in college and university faculty. tion at— ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) DISTRIBUTION AND AMOUNTS OF ‘‘(i) an institution of higher education (as There is authorized to be appropriated to GRANTS.— the term is defined in section 101); carry out this section such sums as may be ‘‘(A) EQUITABLE DISTRIBUTION.—In awarding ‘‘(ii) an institution of higher education (as necessary for fiscal year 2008 for each of the grants under this section, the Secretary the term is defined in section 102(a)(1)); 5 succeeding fiscal years. shall, to the maximum extent feasible, en- ‘‘(iii) an institution of higher education sure an equitable geographic distribution of outside the United States (as the term is de- ‘‘PART H—IMPROVING COLLEGE awards and an equitable distribution among scribed in section 102(a)(2)); or ENROLLMENT BY SECONDARY SCHOOLS public and independent eligible institutions ‘‘(iv) a proprietary institution of higher ‘‘SEC. 846. IMPROVING COLLEGE ENROLLMENT that apply for grants under this section and education (as the term is defined in section BY SECONDARY SCHOOLS. that demonstrate an ability to achieve the 102(b)); and ‘‘(a) IN GENERAL.—The Secretary shall con- purpose of this section. ‘‘(B) sign an agreement with the Secretary tract with 1 nonprofit organization described ‘‘(B) SPECIAL RULE.—To the maximum ex- agreeing— in subsection (b) to enable the nonprofit or- tent practicable, the Secretary shall use not ‘‘(i) to begin employment at an institution ganization— less than 30 percent of the amount appro- described in paragraph (1) not later than 3 ‘‘(1) to make publicly available the year- priated pursuant to subsection (f) to award years after receiving the doctoral degree or to-year higher education enrollment rate grants to eligible institutions that— highest possible degree available, which 3- trends of secondary school students, ‘‘(i) are eligible for assistance under title year period may be extended by the Sec- disaggregated by secondary school, in full III or title V; or retary for extraordinary circumstances; and compliance with the Family Education ‘‘(ii) have formed a consortium that in- ‘‘(ii) to be employed by such institution for Rights and Privacy Act of 1974; cludes both non-minority serving institu- 1 year for each year of fellowship assistance ‘‘(2) to identify not less than 50 urban local tions and minority serving institutions. received under this section. educational agencies and 5 States with sig- ‘‘(C) ALLOCATION.—In awarding grants ‘‘(2) FAILURE TO COMPLY.—If an individual nificant rural populations, each serving a under this section, the Secretary shall allo- who receives a fellowship award under this significant population of low-income stu- cate appropriate funds to those eligible insti- section fails to comply with the agreement dents, and to carry out a comprehensive tutions whose applications indicate an abil- signed pursuant to subsection (a)(2), then the needs assessment in the agencies and States ity to significantly increase the numbers of Secretary shall do 1 or both of the following: of the factors known to contribute to im- minorities and women entering the higher ‘‘(A) Require the individual to repay all or proved higher education enrollment rates, education professoriate and that commit in- the applicable portion of the total fellowship which factors shall include— stitutional resources to the attainment of amount awarded to the individual by con- ‘‘(A) an evaluation of the local educational the purpose of this section. verting the balance due to a loan at the in- agency’s and State’s leadership strategies; ‘‘(D) NUMBER OF FELLOWSHIP AWARDS.—An terest rate applicable to loans made under ‘‘(B) the secondary school curriculum and eligible institution that receives a grant part B of title IV. class offerings of the local educational agen- under this section shall make not less than ‘‘(B) Impose a fine or penalty in an amount cy and State; 15 fellowship awards. to be determined by the Secretary. ‘‘(C) the professional development used by ‘‘(E) REALLOTMENT.—If the Secretary de- ‘‘(3) WAIVER AND MODIFICATION.— the local educational agency and the State termines that an eligible institution awarded ‘‘(A) REGULATIONS.—The Secretary shall to assist teachers, higher education coun- a grant under this section is unable to use promulgate regulations setting forth criteria selors, and administrators in supporting the all of the grant funds awarded to the institu- to be considered in granting a waiver for the transition of secondary students into higher tion, the Secretary shall reallot, on such service requirement under subsection (a)(2). education; date during each fiscal year as the Secretary ‘‘(B) CONTENT.—The criteria under para- may fix, the unused funds to other eligible graph (1) shall include whether compliance ‘‘(D) secondary school student attendance institutions that demonstrate that such in- with the service requirement by the fellow- and other factors demonstrated to be associ- stitutions can use any reallocated grant ship recipient would be— ated with enrollment into higher education; funds to make fellowship awards to individ- ‘‘(i) inequitable and represent an extraor- ‘‘(E) the data systems used by the local uals under this section. dinary hardship; or educational agency and the State to measure college enrollment rates and the incentives ‘‘(5) INSTITUTIONAL ALLOWANCE.— ‘‘(ii) deemed impossible because the indi- in place to motivate the efforts of faculty ‘‘(A) IN GENERAL.— vidual is permanently and totally disabled at and students to improve student and school- ‘‘(i) NUMBER OF ALLOWANCES.—In awarding the time of the waiver request. wide outcomes; and grants under this section, the Secretary ‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fel- shall pay to each eligible institution award- lowship awards under this section shall con- ‘‘(F) strategies to mobilize student leaders ed a grant, for each individual awarded a fel- sist of a stipend in an amount equal to the to build a college-bound culture; and lowship by such institution under this sec- level of support provided to the National ‘‘(3) to provide comprehensive services to tion, an institutional allowance. Science Foundation graduate fellows, except improve the school-wide higher education enrollment rates of each of not less than 10 ‘‘(ii) AMOUNT.—Except as provided in para- that such stipend shall be adjusted as nec- graph (3), an institutional allowance shall be essary so as not to exceed the fellow’s tui- local educational agencies and States, with in an amount equal to, for academic year tion and fees or demonstrated need (as deter- the federally funded portion of each project 2007–2008 and succeeding academic years, the mined by the institution of higher education declining by not less than 20 percent each amount of institutional allowance made to where the graduate student is enrolled), year beginning in the second year of the an institution of higher education under sec- whichever is greater. comprehensive services, that— ‘‘(A) participated in the needs assessment tion 715 for such academic year. ‘‘(5) ACADEMIC PROGRESS REQUIRED.—An in- described in paragraph (2); and ‘‘(B) USE OF FUNDS.—Institutional allow- dividual student shall not be eligible to re- ances may be expended in the discretion of ceive a fellowship award— ‘‘(B) demonstrated a willingness and com- the eligible institution and may be used to ‘‘(A) except during periods in which such mitment to improving the higher education provide, except as prohibited under para- student is enrolled, and such student is enrollment rates of the local educational graph (4), academic support and career tran- maintaining satisfactory academic progress agency or State, respectively. sition services for individuals awarded fel- in, and devoting essentially full time to, ‘‘(b) GRANT RECIPIENT CRITERIA.—The re- lowships by such institution. study or research in the pursuit of the degree cipient of the grant awarded under sub- ‘‘(C) REDUCTION.—The institutional allow- for which the fellowship support was award- section (a) shall be a nonprofit organization ance paid under paragraph (1) shall be re- ed; and with demonstrated expertise— duced by the amount the eligible institution ‘‘(B) if the student is engaged in gainful ‘‘(1) in increasing school-wide higher edu- charges and collects from a fellowship recipi- employment, other than part-time employ- cation enrollment rates in low-income com- ent for tuition and other expenses as part of ment in teaching, research, or similar activ- munities nationwide by providing cur- the recipient’s instructional program. ity determined by the eligible institution to riculum, training, and technical assistance ‘‘(D) USE FOR OVERHEAD PROHIBITED.— be consistent with and supportive of the stu- to secondary school staff and student peer Funds made available under this section may dent’s progress toward the appropriate de- influencers; and not be used for general operational overhead gree. ‘‘(2) in a college transition data manage- of the academic department or institution ‘‘(e) RULE OF CONSTRUCTION.—Nothing in ment system. receiving funds under this section. this section shall be construed to require an ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) FELLOWSHIP RECIPIENTS.— eligible institution that receives a grant There are authorized to be appropriated to ‘‘(1) AUTHORIZATION.—An eligible institu- under this section— carry out this section such sums as are nec- tion that receives a grant under this section ‘‘(1) to grant a preference or to differen- essary for fiscal year 2008 and each of the 5 shall use the grant funds to make fellowship tially treat any applicant for a faculty posi- succeeding fiscal years.

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‘‘PART I—PREDOMINANTLY BLACK ‘‘(6) LOW-INCOME INDIVIDUAL.—The term ‘‘(E) Other activities proposed in the appli- INSTITUTIONS ‘low-income individual’ has the meaning cation submitted pursuant to subsection (f) ‘‘SEC. 850. PREDOMINANTLY BLACK INSTITU- given such term in section 402A(g). that— TIONS. ‘‘(7) MEANS-TESTED FEDERAL BENEFIT PRO- ‘‘(i) contribute to carrying out the purpose ‘‘(a) PURPOSE.—It is the purpose of this GRAM.—The term ‘means-tested Federal ben- of this section; and section to assist Predominantly Black Insti- efit program’ means a program of the Fed- ‘‘(ii) are approved by the Secretary as part tutions in expanding educational oppor- eral Government, other than a program of the review and approval of an application tunity through a program of Federal assist- under title IV, in which eligibility for the submitted under subsection (f). ance. program’s benefits, or the amount of such ‘‘(3) ENDOWMENT FUND.— ‘‘(b) DEFINITIONS.—In this section: benefits, are determined on the basis of in- ‘‘(A) IN GENERAL.—A Predominantly Black ‘‘(1) EDUCATIONAL AND GENERAL EXPENDI- come or resources of the individual or family Institution may use not more than 20 per- TURES.—The term ‘educational and general seeking the benefit. cent of the grant funds provided under this expenditures’ has the meaning given the ‘‘(8) PREDOMINANTLY BLACK INSTITUTION.— section to establish or increase an endow- term in section 312. The term ‘Predominantly Black Institution’ ment fund at the institution. ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eli- means an institution of higher education, as ‘‘(B) MATCHING REQUIREMENT.—In order to gible institution’ means an institution of defined in section 101(a)— be eligible to use grant funds in accordance higher education that— ‘‘(A) that is an eligible institution with not with subparagraph (A), a Predominantly ‘‘(A) has an enrollment of needy under- less than 1,000 undergraduate students; Black Institution shall provide matching graduate students; ‘‘(B) at which not less than 50 percent of funds from non-Federal sources, in an ‘‘(B) has an average educational and gen- the undergraduate students enrolled at the amount equal to or greater than the Federal eral expenditure which is low, per full-time funds used in accordance with subparagraph equivalent undergraduate student in com- eligible institution are low-income individ- uals or first generation college students; and (A), for the establishment or increase of the parison with the average educational and endowment fund. general expenditure per full-time equivalent ‘‘(C) at which not less than 50 percent of the undergraduate students are enrolled in ‘‘(C) COMPARABILITY.—The provisions of undergraduate student of institutions that part C of title III, regarding the establish- offer similar instruction, except that the an educational program leading to a bach- elor’s or associate’s degree that the eligible ment or increase of an endowment fund, that Secretary may apply the waiver require- the Secretary determines are not incon- ments described in section 392(b) to this sub- institution is licensed to award by the State in which the eligible institution is located. sistent with this subsection, shall apply to paragraph in the same manner as the Sec- funds used under subparagraph (A). retary applies the waiver requirements to ‘‘(9) STATE.—The term ‘State’ means each of the 50 States and the District of Columbia. ‘‘(4) LIMITATION.—Not more than 50 percent section 312(b)(1)(B); of the grant funds provided to a Predomi- ‘‘(C) has an enrollment of undergraduate ‘‘(c) GRANT AUTHORITY.— nantly Black Institution under this section students that is not less than 40 percent ‘‘(1) IN GENERAL.—The Secretary is author- may be available for the purpose of con- Black American students; ized to award grants, from allotments under structing or maintaining a classroom, li- ‘‘(D) is legally authorized to provide, and subsection (e), to Predominantly Black In- brary, laboratory, or other instructional fa- provides within the State, an educational stitutions to enable the Predominantly cility. program for which the institution of higher Black Institutions to carry out the author- ‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK education awards a baccalaureate degree, or ized activities described in subsection (d). in the case of a junior or community college, INSTITUTIONS.— ‘‘(2) PRIORITY.—In awarding grants under an associate’s degree; and ‘‘(1) FEDERAL PELL GRANT BASIS.—From the this section the Secretary shall give priority amounts appropriated to carry out this sec- ‘‘(E) is accredited by a nationally recog- to Predominantly Black Institutions with nized accrediting agency or association de- tion for any fiscal year, the Secretary shall large numbers or percentages of students de- allot to each Predominantly Black Institu- termined by the Secretary to be a reliable scribed in subsections (b)(2)(A) or (b)(2)(C). authority as to the quality of training of- tion having an application approved under The level of priority given to Predominantly fered, or is, according to such an agency or subsection (f) a sum that bears the same Black Institutions with large numbers or association, making reasonable progress to- ratio to one-half of that amount as the num- percentages of students described in sub- ward accreditation. ber of Federal Pell Grant recipients in at- section (b)(2)(A) shall be twice the level of ‘‘(3) ENDOWMENT FUND.—The term ‘endow- tendance at such institution at the end of priority given to Predominantly Black Insti- ment fund’ has the meaning given the term the academic year preceding the beginning tutions with large numbers or percentages of in section 312. of that fiscal year, bears to the total number students described in subsection (b)(2)(C). ‘‘(4) ENROLLMENT OF NEEDY STUDENTS.—The of Federal Pell Grant recipients at all such term ‘enrollment of needy students’ means ‘‘(d) AUTHORIZED ACTIVITIES.— institutions at the end of such academic the enrollment at an eligible institution ‘‘(1) REQUIRED ACTIVITIES.—Grant funds year. with respect to which not less than 50 per- provided under this section shall be used— ‘‘(2) GRADUATES BASIS.—From the amounts cent of the undergraduate students enrolled ‘‘(A) to assist the Predominantly Black In- appropriated to carry out this section for in an academic program leading to a de- stitution to plan, develop, undertake, and any fiscal year, the Secretary shall allot to gree— implement programs to enhance the institu- each Predominantly Black Institution hav- ‘‘(A) in the second fiscal year preceding the tion’s capacity to serve more low- and mid- ing an application approved under subsection fiscal year for which the determination is dle-income Black American students; (f) a sum that bears the same ratio to one- made, were Federal Pell Grant recipients for ‘‘(B) to expand higher education opportuni- fourth of that amount as the number of grad- such year; ties for students eligible to participate in uates for such academic year at such institu- ‘‘(B) come from families that receive bene- programs under title IV by encouraging col- tion, bears to the total number of graduates fits under a means-tested Federal benefit lege preparation and student persistence in for such academic year at all such institu- program; secondary school and postsecondary edu- tions. ‘‘(C) attended a public or nonprofit private cation; and ‘‘(3) GRADUATES SEEKING A HIGHER DEGREE secondary school— ‘‘(C) to strengthen the financial ability of BASIS.—From the amounts appropriated to ‘‘(i) that is in the school district of a local the Predominantly Black Institution to carry out this section for any fiscal year, the educational agency that was eligible for as- serve the academic needs of the students de- Secretary shall allot to each Predominantly sistance under part A of title I of the Ele- scribed in subparagraphs (A) and (B). Black Institution having an application ap- mentary and Secondary Education Act of ‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds proved under subsection (f) a sum that bears 1965 for any year during which the student provided under this section shall be used for the same ratio to one-fourth of that amount attended such secondary school; and 1 or more of the following activities: as the percentage of graduates from such in- ‘‘(ii) which for the purpose of this para- ‘‘(A) The activities described in paragraphs stitution who are admitted to and in attend- graph and for that year was determined by (1) through (11) of section 311(c). ance at, not later than 2 years after gradua- the Secretary (pursuant to regulations and ‘‘(B) Academic instruction in disciplines in tion with an associate’s degree or a bacca- after consultation with the State edu- which Black Americans are underrep- laureate degree, a baccalaureate degree- cational agency of the State in which the resented. granting institution or a graduate or profes- school is located) to be a school in which the ‘‘(C) Establishing or enhancing a program sional school in a degree program in dis- enrollment of children counted under section of teacher education designed to qualify stu- ciplines in which Black American students 1113(a)(5) of such Act exceeds 30 percent of dents to teach in a public elementary school are underrepresented, bears to the percent- the total enrollment of such school; or or secondary school in the State that shall age of such graduates for all such institu- ‘‘(D) are first-generation college students include, as part of such program, preparation tions. and a majority of such first-generation col- for teacher certification or licensure. ‘‘(4) MINIMUM ALLOTMENT.— lege students are low-income individuals. ‘‘(D) Establishing community outreach ‘‘(A) IN GENERAL.—Notwithstanding para- ‘‘(5) FIRST GENERATION COLLEGE STUDENT.— programs that will encourage elementary graphs (1), (2), and (3), the amount allotted The term ‘first generation college student’ school and secondary school students to de- to each Predominantly Black Institution has the meaning given the term in section velop the academic skills and the interest to under this section shall not be less than 402A(g). pursue postsecondary education. $250,000.

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‘‘(B) INSUFFICIENT AMOUNT.—If the amount ‘‘(A) provides early childhood education; ‘‘(i) academic credit for coursework; appropriated pursuant to subsection (i) for a ‘‘(B) uses developmentally appropriate ‘‘(ii) an academic degree; fiscal year is not sufficient to pay the min- practices; ‘‘(iii) a credential; imum allotment provided under subpara- ‘‘(C) is licensed or regulated by the State; ‘‘(iv) licensure; or graph (A) for the fiscal year, then the and ‘‘(v) certification in early childhood edu- amount of such minimum allotment shall be ‘‘(D) serves children from birth through cation; and ratably reduced. If additional sums become age 5; ‘‘(3) develop a plan for a comprehensive available for such fiscal year, such reduced ‘‘(2) a Head Start Program carried out statewide professional development and ca- allotment shall be increased on the same under the Head Start Act; or reer system for individuals working in early basis as the allotment was reduced until the ‘‘(3) an Early Head Start Program carried childhood education programs or for early amount allotted equals the minimum allot- out under section 645A of the Head Start Act. childhood education providers, which plan ment required under subparagraph (A). ‘‘SEC. 854. GRANTS AUTHORIZED. shall include— ‘‘(5) REALLOTMENT.—The amount of a Pre- ‘‘(a) IN GENERAL.—The Secretary is author- ‘‘(A) methods of providing outreach to dominantly Black Institution’s allotment ized to award grants to States in accordance early childhood education program staff, di- under paragraph (1), (2), (3), or (4) for any fis- with the provisions of this part to enable cal year that the Secretary determines will rectors, and administrators, including meth- such States— ods for how outreach is provided to non- not be required for such institution for the ‘‘(1) to establish a State Task Force de- period such allotment is available, shall be English speaking providers, in order to en- scribed in section 855; and able the providers to be aware of opportuni- available for reallotment to other Predomi- ‘‘(2) to support activities of the State Task ties and resources under the statewide plan; nantly Black Institutions in proportion to Force described in section 856. ‘‘(B) developing a unified data collection the original allotment to such other institu- ‘‘(b) COMPETITIVE BASIS.—Grants under and dissemination system for early child- tions under this section for such fiscal year. this part shall be awarded on a competitive The Secretary shall reallot such amounts basis. hood education training, professional devel- from time to time, on such date and during ‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBU- opment, and higher education programs; such period as the Secretary determines ap- TION.—In awarding grants under this part, ‘‘(C) increasing the participation of early propriate. the Secretary shall take into consideration childhood educators in high quality training ‘‘(f) APPLICATIONS.—Each Predominantly providing an equitable geographic distribu- and professional development by assisting in Black Institution desiring a grant under this tion of such grants. paying the costs of enrollment in and com- section shall submit an application to the ‘‘(d) DURATION.—Grants under this part pletion of such training and professional de- Secretary at such time, in such manner, and shall be awarded for a period of 5 years. velopment courses; containing or accompanied by such informa- ‘‘SEC. 855. STATE TASK FORCE ESTABLISHMENT. ‘‘(D) increasing the participation of early tion as the Secretary may reasonably re- ‘‘(a) STATE TASK FORCE ESTABLISHED.—The childhood educators in postsecondary edu- quire. Governor of a State receiving a grant under cation programs leading to degrees in early ‘‘(g) PROHIBITION.—No Predominantly this part shall establish, or designate an ex- childhood education by providing assistance Black Institution that applies for and re- to pay the costs of enrollment in and com- ceives a grant under this section may apply isting entity to serve as, the State Early pletion of such postsecondary education pro- for or receive funds under any other program Childhood Education Professional Develop- grams, which assistance— under part A or part B of title III. ment and Career Task Force (hereafter in ‘‘(h) DURATION AND CARRYOVER.—Any grant this part referred to as the ‘State Task ‘‘(i) shall only be provided to an individual funds paid to a Predominantly Black Institu- Force’). who— tion under this section that are not expended ‘‘(b) MEMBERSHIP.—The State Task Force ‘‘(I) enters into an agreement under which or used for the purposes for which the funds shall include a representative of a State the individual agrees to work, for a reason- were paid within 10 years following the date agency, an institution of higher education able number of years after receiving such a on which the grant was awarded, shall be re- (including an associate or a baccalaureate degree, in an early childhood education pro- paid to the Treasury. degree granting institution of higher edu- gram that is located in a low-income area; ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— cation), an early childhood education pro- and There are authorized to be appropriated to gram, a nonprofit early childhood organiza- ‘‘(II) has a family income equal to or less carry out this section such sums as may be tion, a statewide early childhood workforce than the annually adjusted national median necessary for fiscal year 2008 and each of 5 scholarship or supplemental initiative, and family income as determined by the Bureau succeeding fiscal years. any other entity or individual the Governor of the Census; and ‘‘PART J—EARLY CHILDHOOD EDUCATION determines appropriate. ‘‘(ii) shall be provided in an amount that PROFESSIONAL DEVELOPMENT AND CA- ‘‘SEC. 856. STATE TASK FORCE ACTIVITIES. does not exceed $17,500; REER TASK FORCE ‘‘(a) ACTIVITIES.—The State Task Force ‘‘(E) supporting professional development ‘‘SEC. 851. SHORT TITLE. shall— activities and a career lattice for a variety of ‘‘This part may be cited as the ‘Early ‘‘(1) coordinate and communicate regularly early childhood professional roles with vary- Childhood Education Professional Develop- with the State Advisory Council on Early ing professional qualifications and respon- ment and Career Task Force Act’. Care and Education (hereafter in this part sibilities for early childhood education per- ‘‘SEC. 852. PURPOSE. referred to as ‘State Advisory Council’) or a sonnel, including strategies to enhance the ‘‘It is the purpose of this part— similar State entity charged with creating a compensation of such personnel; ‘‘(1) to improve the quality of the early comprehensive system of early care and edu- ‘‘(F) supporting articulation agreements childhood education workforce by creating a cation in the State, for the purposes of— between 2- and 4-year public and private in- statewide early childhood education profes- ‘‘(A) integrating recommendations for stitutions of higher education and mecha- sional development and career task force for early childhood professional development nisms to transform other training, profes- early childhood education program staff, di- and career activities into the plans of the sional development, and experience into aca- State Advisory Council; and rectors, and administrators; and demic credit; ‘‘(B) assisting in the implementation of ‘‘(2) to create— ‘‘(G) developing mentoring and coaching professional development and career activi- ‘‘(A) a coherent system of core com- programs to support new educators in and di- ties that are consistent with the plans de- petencies, pathways to qualifications, cre- rectors of early childhood education pro- dentials, degrees, quality assurances, access, scribed in subparagraph (A); grams; and outreach, for early childhood education ‘‘(2) conduct a review of opportunities for ‘‘(H) providing career development advis- program staff, directors, and administrators, and barriers to high quality professional de- ing with respect to the field of early child- that is linked to compensation commensu- velopment, training, and higher education hood education, including informing an indi- rate with experience and qualifications; degree programs, in early childhood develop- vidual regarding— ‘‘(B) articulation agreements that enable ment and learning, including a periodic early childhood education professionals to statewide survey concerning the demo- ‘‘(i) entry into and continuing education transition easily among degrees; and graphics of individuals working in early requirements for professional roles in the ‘‘(C) compensation initiatives for individ- childhood education programs in the State, field; uals working in an early childhood education which survey shall include information ‘‘(ii) available financial assistance; and program that reflect the individuals’ creden- disaggregated by— ‘‘(iii) professional development and career tials, degrees, and experience. ‘‘(A) race, gender, and ethnicity; advancement in the field; ‘‘SEC. 853. DEFINITION OF EARLY CHILDHOOD ‘‘(B) compensation levels; ‘‘(I) enhancing the quality of faculty and EDUCATION PROGRAM. ‘‘(C) type of early childhood education pro- coursework in postsecondary programs that ‘‘In this part, the term ‘early childhood gram setting; lead to an associate, baccalaureate, or grad- education program’ means— ‘‘(D) specialized knowledge of child devel- uate degree in early childhood education; ‘‘(1) a family child care program, center- opment; ‘‘(J) consideration of the availability of on- based child care program, State prekinder- ‘‘(E) years of experience in an early child- line graduate level professional development garten program, or school-based program, hood education program; and offered by institutions of higher education that— ‘‘(F) attainment of— with experience and demonstrated expertise

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in establishing programs in child develop- ‘‘(E) the change in compensation and re- ‘‘(d) USES OF FUNDS.—Grant funds under ment, in order to improve the skills and ex- tention of individuals working in early child- this section shall be used for 1 or more of the pertise of individuals working in early child- hood education programs within the State following: hood education programs; and resulting from the activities; and ‘‘(1) Development or implementation of ‘‘(K) developing or enhancing a system of ‘‘(F) the impact of the activities on the de- cultural, social, or educational transition quality assurance with respect to the early mographic characteristics of individuals programs to assist students to transition childhood education professional develop- working in early childhood education pro- into college life and academics in order to ment and career system, including standards grams; and increase such students’ retention rates in or qualifications for individuals and entities ‘‘(2) submit a report at the end of the grant the fields of science, technology, engineer- who offer training and professional develop- period to the Secretary regarding the evalua- ing, or mathematics, with a focus on Alaska ment in early childhood education. tion described in paragraph (1). Native or Native Hawaiian students. ‘‘(b) PUBLIC HEARINGS.—The State Task ‘‘(b) SECRETARY’S EVALUATION.—Not later ‘‘(2) Development or implementation of Force shall hold public hearings and provide than September 30, 2013, the Secretary, in academic support or supplemental edu- an opportunity for public comment on the consultation with the Secretary of Health cational programs to increase the graduation activities described in the statewide plan de- and Human Services, shall prepare and sub- rates of students in the fields of science, scribed in subsection (a)(3). mit to the authorizing committees an eval- technology, engineering, or mathematics, ‘‘(c) PERIODIC REVIEW.—The State Task uation of the State reports submitted under with a focus on Alaska Native and Native Force shall meet periodically to review im- subsection (a)(2). Hawaiian students. plementation of the statewide plan and to ‘‘SEC. 859. AUTHORIZATION OF APPROPRIATIONS. ‘‘(3) Development or implementation of in- recommend any changes to the statewide ternship programs, carried out in coordina- plan the State Task Force determines nec- ‘‘There are authorized to be appropriated tion with educational institutions and pri- essary. to carry out this part such sums as may be vate entities, to prepare students for careers ‘‘SEC. 857. STATE APPLICATION AND REPORT. necessary for fiscal year 2008 and each of the 5 succeeding fiscal years. in the fields of science, technology, engineer- ‘‘(a) IN GENERAL.—Each State desiring a ing, or mathematics, with a focus on pro- grant under this part shall submit an appli- ‘‘PART K—IMPROVING SCIENCE, TECH- grams that serve Alaska Native or Native cation to the Secretary at such time, in such NOLOGY, ENGINEERING, AND MATHE- Hawaiian students. manner, and accompanied by such informa- MATICS EDUCATION WITH A FOCUS ON ‘‘(4) Such other activities that are con- tion as the Secretary may reasonably re- ALASKA NATIVE AND NATIVE HAWAIIAN sistent with the purposes of this section. quire. Each such application shall include a STUDENTS ‘‘(e) APPLICATION.—Each eligible partner- description of— ‘‘SEC. 861. IMPROVING SCIENCE, TECHNOLOGY, ship that desires a grant under this section ‘‘(1) the membership of the State Task ENGINEERING, AND MATHEMATICS shall submit an application to the Secretary Force; EDUCATION WITH A FOCUS ON ALAS- at such time, in such manner, and con- ‘‘(2) the activities for which the grant as- KA NATIVE AND NATIVE HAWAIIAN STUDENTS. taining such information as the Secretary sistance will be used; may require. ‘‘(a) PURPOSE.—The purpose of this section ‘‘(3) other Federal, State, local, and private ‘‘(f) PRIORITY.—In awarding grants under resources that will be available to support is— this section, the Secretary shall give pri- the activities of the State Task Force de- ‘‘(1) to develop or expand programs for the ority to an eligible partnership that provides scribed in section 856; development of professionals in the fields of 1 or more programs in which 30 percent or ‘‘(4) the availability within the State of science, technology, engineering, and mathe- more of the program participants are Alaska training, early childhood educator prepara- matics; and Native or Native Hawaiian. tion, professional development, compensa- ‘‘(2) to focus resources on meeting the edu- ‘‘(g) PERIOD OF GRANT.—A grant under this tion initiatives, and career systems, related cational and cultural needs of Alaska Na- section shall be awarded for a period of 5 to early childhood education; and tives and Native Hawaiians. years. ‘‘(5) the resources available within the ‘‘(b) DEFINITIONS.—In this section: ‘‘(h) EVALUATION AND REPORT.—Each eligi- State for such training, educator prepara- ‘‘(1) ALASKA NATIVE.—The term ‘Alaska ble partnership that receives a grant under tion, professional development, compensa- Native’ has the meaning given the term ‘Na- this section shall conduct an evaluation to tion initiatives, and career systems. tive’ in section 3(b) of the Alaska Natives determine the effectiveness of the programs ‘‘(b) REPORT TO THE SECRETARY.—Not later Claims Settlement Act (43 U.S.C. 1602(b)). funded under the grant and shall provide a than 2 years after receiving a grant under ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— report regarding the evaluation to the Sec- this part, a State shall submit a report to The term ‘institution of higher education’ retary not later than 6 months after the end the Secretary that shall describe— has the meaning given the term in section of the grant period. ‘‘(1) other Federal, State, local, and private 101(a). ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— resources that will be used in combination ‘‘(3) ELIGIBLE PARTNERSHIP.—The term ‘eli- There are authorized to be appropriated to with a grant under this section to develop or gible partnership’ means a partnership that carry out this section such sums as may be expand the State’s early childhood education includes— necessary for fiscal year 2008 and each of the professional development and career activi- ‘‘(A) 1 or more colleges or schools of engi- 5 succeeding fiscal years. ties; neering; ‘‘PART L—PILOT PROGRAM TO INCREASE ‘‘(2) the ways in which the State Advisory ‘‘(B) 1 or more colleges of science, engi- PERSISTENCE IN COMMUNITY COLLEGES Council (or similar State entity) will coordi- neering, or mathematics; ‘‘SEC. 865. PILOT PROGRAM TO INCREASE PER- nate the various State and local activities ‘‘(C) 1 or more institutions of higher edu- SISTENCE IN COMMUNITY COL- that support the early childhood education cation that offer 2-year degrees; and LEGES. professional development and career system; ‘‘(D) 1 or more private entities that— ‘‘(a) DEFINITIONS.—In this section: and ‘‘(i) conduct career awareness activities ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— ‘‘(3) the ways in which the State Task showcasing local technology professionals; Except as otherwise provided in this section, Force will use funds provided under this part ‘‘(ii) encourage students to pursue edu- the term ‘institution of higher education’ and carry out the activities described in sec- cation in science, technology, engineering, means an institution of higher education, as tion 856. and mathematics from elementary school defined in section 101, that provides a 1- or 2- ‘‘SEC. 858. EVALUATIONS. through college, and careers in those fields, year program of study leading to a degree or ‘‘(a) STATE EVALUATION.—Each State re- with the assistance of local technology pro- certificate. ceiving a grant under this part shall— fessionals; ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible ‘‘(1) evaluate the activities that are as- ‘‘(iii) develop internships, apprenticeships, student’ means a student who— sisted under this part in order to deter- and mentoring programs in partnership with ‘‘(A) meets the requirements of section mine— relevant industries; and 484(a); ‘‘(A) the effectiveness of the activities in ‘‘(iv) assist with placement of interns and ‘‘(B) is enrolled at least half time; achieving State goals; apprentices. ‘‘(C) is not younger than age 19 and not ‘‘(B) the impact of a career lattice for indi- ‘‘(4) NATIVE HAWAIIAN.—The term ‘Native older than age 33; viduals working in early childhood education Hawaiian’ has the meaning given the term in ‘‘(D) is the parent of at least 1 dependent programs; section 7207 of the Elementary and Sec- child, which dependent child is age 18 or ‘‘(C) the impact of the activities on licens- ondary Education Act of 1965. younger; ing or regulating requirements for individ- ‘‘(c) GRANT AUTHORIZED.—The Secretary is ‘‘(E) has a family income below 200 percent uals in the field of early childhood develop- authorized to award a grant to an eligible of the poverty line; ment; partnership to enable the eligible partner- ‘‘(F) has a secondary school diploma or its ‘‘(D) the impact of the activities, and the ship to expand programs for the development recognized equivalent, and earned a passing impact of the statewide plan described in of science, technology, engineering, or math- score on a college entrance examination; and section 856(a)(3), on the quality of education, ematics professionals, from elementary ‘‘(G) does not have a degree or occupa- professional development, and training re- school through college, including existing tional certificate from an institution of lated to early childhood education programs programs for Alaska Native and Native Ha- higher education, as defined in section 101 or that are offered in the State; waiian students. 102(a).

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‘‘(b) PROGRAM AUTHORIZED.—The Secretary ‘‘(g) PERIOD OF GRANT.—The Secretary may tem for each campus of an institution of is authorized to award grants, on a competi- award a grant under this section for a period higher education or consortium, in order to tive basis, to institutions of higher edu- of 5 years. contact students via cellular, text message, cation to enable the institutions of higher ‘‘(h) EVALUATION.— or other state-of-the-art communications education to provide additional monetary ‘‘(1) IN GENERAL.—Each institution of high- methods when a significant emergency or and nonmonetary support to eligible stu- er education receiving a grant under this dangerous situation occurs. An institution dents to enable the eligible students to section shall conduct an annual evaluation or consortium using grant funds to carry out maintain enrollment and complete degree or of the impact of the grant and shall provide this paragraph shall also, in coordination certificate programs. the evaluation to the Secretary. The Sec- with the appropriate State and local emer- ‘‘(c) USES OF FUNDS.— retary shall disseminate to the public the gency management authorities— ‘‘(1) REQUIRED USES.—Each institution of findings, information on best practices, and ‘‘(A) develop procedures that students, em- higher education receiving a grant under lessons learned, with respect to the evalua- ployees, and others on a campus of an insti- this section shall use the grant funds— tions. tution of higher education or consortium ‘‘(A) to provide scholarships in accordance ‘‘(2) RANDOM ASSIGNMENT RESEARCH DE- will be directed to follow in the event of a with subsection (d); and SIGN.—The evaluation shall be conducted significant emergency or dangerous situa- ‘‘(B) to provide counseling services in ac- using a random assignment research design tion; and cordance with subsection (e). with the following requirements: ‘‘(B) develop procedures the institution of ‘‘(2) ALLOWABLE USES OF FUNDS.—Grant ‘‘(A) When students are recruited for the higher education or consortium shall follow funds provided under this section may be program, all students will be told about the to inform, within a reasonable and timely used— program and the evaluation. manner, students, employees, and others on ‘‘(A) to conduct outreach to make students ‘‘(B) Baseline data will be collected from a campus in the event of a significant emer- aware of the scholarships and counseling all applicants for assistance under this sec- gency or dangerous situation, which proce- services available under this section and to tion. dures shall include the emergency commu- encourage the students to participate in the ‘‘(C) Students will be assigned randomly to nications system described in this para- program assisted under this section; 2 groups, which will consist of— graph. ‘‘(B) to provide gifts of $20 or less, such as ‘‘(i) a program group that will receive the ‘‘(2) Supporting measures to improve safe- a store gift card, to applicants who complete scholarship and the additional counseling ty at the institution of higher education or the process of applying for assistance under services; and consortium, such as— this section, as an incentive and as com- ‘‘(ii) a control group that will receive ‘‘(A) security assessments; pensation for the student’s time; and whatever regular financial aid and coun- ‘‘(B) security training of personnel and stu- ‘‘(C) to evaluate the success of the pro- seling services are available to all students dents at the institution of higher education gram. at the institution of higher education. or consortium; ‘‘(d) SCHOLARSHIP REQUIREMENTS.— ‘‘(3) PREVIOUS COHORTS.—In conducting the ‘‘(C) where appropriate, coordination of ‘‘(1) IN GENERAL.—Each scholarship award- evaluation for the second and third years of campus preparedness and response efforts ed under this section shall— the program, each institution of higher edu- with local law enforcement, local emergency ‘‘(A) be awarded for 1 academic year; cation shall include information on previous management authorities, and other agencies, ‘‘(B) be awarded in the amount of $1,000 for cohorts of students as well as students in the to improve coordinated responses in emer- each of 2 semesters (prorated for quarters), current program year. gencies among such entities; and or $2,000 for an academic year; ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(D) establishing a hotline that allows a ‘‘(C) require the student to maintain dur- There are authorized to be appropriated to student or staff member at an institution or ing the scholarship period at least half-time carry out this section such sums as may be consortium to report another student or enrollment and a 2.0 or C grade point aver- necessary for fiscal year 2008 and each of the staff member at the institution or consor- age; and 5 succeeding fiscal years. tium who the reporting student or staff ‘‘(D) be paid in increments of— member believes may be a danger to the re- ‘‘(i) $250 upon enrollment (prorated for ‘‘PART M—STUDENT SAFETY AND CAMPUS EMERGENCY MANAGEMENT ported student or staff member or to others. quarters); ‘‘(3) Coordinating with appropriate local ‘‘(ii) $250 upon passing midterm examina- ‘‘SEC. 871. STUDENT SAFETY AND CAMPUS EMER- GENCY MANAGEMENT. entities the provision of, mental health serv- tions (prorated for quarters); and ices for students enrolled in the institution ‘‘(iii) $500 upon passing courses (prorated ‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—The Secretary is author- of higher education or consortium, including for quarters). mental health crisis response and interven- ‘‘(2) NUMBER.—An institution may award ized to award grants, on a competitive basis, to institutions of higher education or con- tion services, to individuals affected by a an eligible student not more than 2 scholar- campus or community emergency. ships under this section. sortia of institutions of higher education to ‘‘(e) COUNSELING SERVICES.— enable institutions of higher education or ‘‘(d) APPLICATION.—Each institution of ‘‘(1) IN GENERAL.—Each institution of high- consortia to pay the Federal share of the higher education or consortium desiring a er education receiving a grant under this cost of carrying out the authorized activities grant under this section shall submit an ap- section shall use the grant funds to provide described in subsection (c). plication to the Secretary at such time, in students at the institution with a counseling ‘‘(2) CONSULTATION WITH THE ATTORNEY GEN- such manner, and containing such informa- staff dedicated to students participating in ERAL AND THE SECRETARY OF HOMELAND SECU- tion as the Secretary may require. the program under this section. Each such RITY.—Where appropriate, the Secretary ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- counselor shall— shall award grants under this section in con- retary shall coordinate technical assistance ‘‘(A) have a caseload of less than 125 stu- sultation with the Attorney General of the provided by State and local emergency man- dents; United States and the Secretary of Home- agement agencies, the Department of Home- ‘‘(B) use a proactive, team-oriented ap- land Security. land Security, and other agencies as appro- proach to counseling; ‘‘(3) DURATION.—The Secretary shall award priate, to institutions of higher education or ‘‘(C) hold a minimum of 2 meetings with each grant under this section for a period of consortia that request assistance in devel- students each semester; and 2 years. oping and implementing the activities as- ‘‘(D) provide referrals to and follow-up ‘‘(4) LIMITATION ON INSTITUTIONS AND CON- sisted under this section. with other student services staff, including SORTIA.—An institution of higher education ‘‘(f) RULE OF CONSTRUCTION.—Nothing in financial and career services. or consortium shall be eligible for only 1 this section shall be construed— ‘‘(2) COUNSELING SERVICES AVAILABILITY.— grant under this section. ‘‘(1) to provide a private right of action to The counseling services provided under this ‘‘(b) FEDERAL SHARE; NON-FEDERAL any person to enforce any provision of this section shall be available to participating SHARE.— section; students during the daytime and evening ‘‘(1) IN GENERAL.—The Federal share shall ‘‘(2) to create a cause of action against any hours. be 50 percent. institution of higher education or any em- ‘‘(f) APPLICATION.—An institution of higher ‘‘(2) NON-FEDERAL SHARE.—The institution education that desires to receive a grant of higher education or consortium shall pro- ployee of the institution for any civil liabil- under this section shall submit an applica- vide the non-Federal share, which may be ity; or tion to the Secretary at such time, in such provided from other Federal, State, and local ‘‘(3) to affect the Family Educational manner, and containing such information as resources dedicated to emergency prepared- Rights and Privacy Act of 1974 or the regula- the Secretary may require, including— ness and response. tions issued under section 264 of the Health ‘‘(1) the number of students to be served ‘‘(c) AUTHORIZED ACTIVITIES.—Each institu- Insurance Portability and Accountability under this section; tion of higher education or consortium re- Act of 1996 (42 U.S.C. 1320d–2 note). ‘‘(2) a description of the scholarships and ceiving a grant under this section may use ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— counseling services that will be provided the grant funds to carry out 1 or more of the There are authorized to be appropriated to under this section; and following: carry out this section such sums as may be ‘‘(3) a description of how the program ‘‘(1) Developing and implementing a state- necessary for fiscal year 2008 and each of the under this section will be evaluated. of-the-art emergency communications sys- 5 succeeding fiscal years.

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‘‘SEC. 872. MODEL EMERGENCY RESPONSE POLI- used by a grantee to increase the number of ‘‘(2) STUDENT DATA.—The State educational CIES, PROCEDURES, AND PRAC- veterinarians in the workforce through pay- agency shall ensure that student data from TICES. ing costs associated with the expansion of local educational agencies serving students ‘‘The Secretary of Education, the Attorney academic programs at schools of veterinary who participate in the demonstration General of the United States, and the Sec- medicine, departments of comparative medi- project, as well as student data from local retary of Homeland Security shall jointly cine, departments of veterinary science, or educational agencies serving a comparable have the authority— entities offering residency training pro- group of students who do not participate in ‘‘(1) to advise institutions of higher edu- grams, or academic programs that offer post- the demonstration project, are available for cation on model emergency response poli- graduate training for veterinarians or con- evaluation of the demonstration project, ex- cies, procedures, and practices; and current training for veterinary students in cept that in no case shall such data be pro- ‘‘(2) to disseminate information concerning specific areas of specialization, which costs vided in a manner that would reveal person- those policies, procedures, and practices.’’. may include minor renovation and improve- ally identifiable information about an indi- SEC. 802. ADDITIONAL PROGRAMS. ment in classrooms, libraries, and labora- vidual student. Title VIII (as added by section 801) is fur- tories. ‘‘(3) FEDERAL PELL GRANT COMMITMENT.— ther amended by adding at the end the fol- ‘‘(f) DEFINITION OF PUBLIC HEALTH PRAC- Each student who participates in the dem- lowing: TICE.—In this section, the term ‘public onstration project receives a commitment ‘‘PART N—SCHOOL OF VETERINARY MEDI- health practice’ includes bioterrorism and from the Secretary to receive a Federal Pell CINE COMPETITIVE GRANT PROGRAM emergency preparedness, environmental Grant during the first academic year that health, food safety and food security, regu- the student is in attendance at an institu- ‘‘SEC. 876. SCHOOL OF VETERINARY MEDICINE tion of higher education as an under- COMPETITIVE GRANT PROGRAM. latory medicine, diagnostic laboratory medi- cine, and biomedical research. graduate, if the student applies for Federal ‘‘(a) IN GENERAL.—The Secretary of Health ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— financial aid (via the FAFSA or EZ FAFSA) and Human Services (referred to in this sec- during the student’s senior year of secondary tion as the ‘Secretary’) shall award competi- There are authorized to be appropriated to carry out this section such sums as may be school and during succeeding years. tive grants to eligible entities for the pur- ‘‘(4) APPLICATION PROCESS.—The Secretary pose of improving public health preparedness necessary for fiscal year 2008 and each of the 5 succeeding fiscal years. Amounts appro- shall establish an application process to se- through increasing the number of veterinar- lect State educational agencies to partici- ians in the workforce. priated under this subsection shall remain available until expended. pate in the demonstration program and ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to State educational agencies shall establish an receive a grant under subsection (a), an enti- ‘‘PART O—EARLY FEDERAL PELL GRANT application process to select local edu- ty shall— COMMITMENT DEMONSTRATION PRO- cational agencies within the State to par- ‘‘(1) be— GRAM ticipate in the demonstration project. ‘‘(A) a public or other nonprofit school of ‘‘SEC. 881. EARLY FEDERAL PELL GRANT COM- ‘‘(5) LOCAL EDUCATIONAL AGENCY PARTICIPA- veterinary medicine that is accredited by a MITMENT DEMONSTRATION PRO- TION.—Subject to the 10,000 statewide stu- nationally recognized accrediting agency or GRAM. dent limitation described in paragraph (1), a association recognized by the Secretary of ‘‘(a) DEMONSTRATION PROGRAM AUTHOR- local educational agency serving students, Education pursuant to part H of title IV; ITY.— not less than 50 percent of whom are eligible ‘‘(B) a public or nonprofit, department of ‘‘(1) IN GENERAL.—The Secretary is author- for a free or reduced price meal under the comparative medicine, department of veteri- ized to carry out an Early Federal Pell Grant Richard B. Russell National School Lunch nary science, school of public health, or Commitment Demonstration Program under Act or the Child Nutrition Act of 1966, shall school of medicine that is accredited by a na- which— be eligible to participate in the demonstra- tionally recognized accrediting agency or as- ‘‘(A) the Secretary awards grants to 4 tion project. sociation recognized by the Secretary of State educational agencies, in accordance ‘‘(c) STATE EDUCATIONAL AGENCY APPLICA- Education pursuant to part H of title IV and with paragraph (2), to pay the administrative TIONS.— that offers graduate training for veterinar- expenses incurred in participating in the ‘‘(1) IN GENERAL.—Each State educational ians in a public health practice area as deter- demonstration program under this section; agency desiring to participate in the dem- mined by the Secretary; or and onstration program under this section shall ‘‘(C) a public or nonprofit entity that— ‘‘(B) the Secretary awards Federal Pell submit an application to the Secretary at ‘‘(i) conducts recognized residency training Grants to participating students in accord- such time and in such manner as the Sec- programs for veterinarians that are approved ance with this section. retary may require. by a veterinary specialty organization that ‘‘(2) GRANTS.— ‘‘(2) CONTENTS.—Each application shall in- is recognized by the American Veterinary ‘‘(A) IN GENERAL.—From amounts appro- clude— Medical Association; and priated under subsection (h) for a fiscal year, ‘‘(A) a description of the proposed targeted ‘‘(ii) offers postgraduate training for vet- the Secretary is authorized to award grants information campaign for the demonstration erinarians in a public health practice area as to 4 State educational agencies to enable the project and a copy of the plan described in determined by the Secretary; and State educational agencies to pay the ad- subsection (f)(2); ‘‘(2) prepare and submit to the Secretary ministrative expenses incurred in partici- ‘‘(B) a description of the student popu- an application, at such time, in such man- pating in a demonstration program under lation that will receive an early commit- ner, and containing such information as the which 8th grade students who are eligible for ment to receive a Federal Pell Grant under Secretary may require. a free or reduced price meal described in sub- this section; ‘‘(c) CONSIDERATION OF APPLICATIONS.—The section (b)(1)(B) receive a commitment to re- ‘‘(C) an assurance that the State edu- Secretary shall establish procedures to en- ceive a Federal Pell Grant early in their aca- cational agency will fully cooperate with the sure that applications under subsection (b)(2) demic careers. ongoing evaluation of the demonstration are rigorously reviewed and that grants are ‘‘(B) EQUAL AMOUNTS.—The Secretary shall project; and competitively awarded based on— award grants under this section in equal ‘‘(D) such other information as the Sec- ‘‘(1) the ability of the applicant to increase amounts to each of the 4 participating State retary may require. the number of veterinarians who are trained educational agencies. ‘‘(d) SELECTION CONSIDERATIONS.— in specified public health practice areas as ‘‘(b) DEMONSTRATION PROJECT REQUIRE- ‘‘(1) SELECTION OF STATE EDUCATIONAL determined by the Secretary; MENTS.—Each of the 4 demonstration AGENCIES.—In selecting State educational ‘‘(2) the ability of the applicant to increase projects assisted under this section shall agencies to participate in the demonstration capacity in research on high priority disease meet the following requirements: program under this section, the Secretary agents; or ‘‘(1) PARTICIPANTS.— shall consider— ‘‘(3) any other consideration the Secretary ‘‘(A) IN GENERAL.—The State educational ‘‘(A) the number and quality of State edu- determines necessary. agency shall make participation in the dem- cational agency applications received; ‘‘(d) PREFERENCE.—In awarding grants onstration project available to 2 cohorts of ‘‘(B) the Department’s capacity to oversee under subsection (a), the Secretary shall give students, which shall consist of— and monitor each State educational agency’s preference to applicants that demonstrate a ‘‘(i) 1 cohort of 8th grade students who participation in the demonstration program; comprehensive approach by involving more begin the participation in academic year ‘‘(C) a State educational agency’s— than one school of veterinary medicine, de- 2008–2009; and ‘‘(i) financial responsibility; partment of comparative medicine, depart- ‘‘(ii) 1 cohort of 8th grade students who ‘‘(ii) administrative capability; ment of veterinary science, school of public begin the participation in academic year ‘‘(iii) commitment to focusing State re- health, school of medicine, or residency 2009–2010. sources, in addition to any resources pro- training program that offers postgraduate ‘‘(B) STUDENTS IN EACH COHORT.—Each co- vided under part A of title I of the Elemen- training for veterinarians in a public health hort of students shall consist of not more tary and Secondary Education Act of 1965, on practice area as determined by the Sec- than 10,000 8th grade students who qualify students who receive assistance under such retary. for a free or reduced price meal under the part A; ‘‘(e) USE OF FUNDS.—Amounts received Richard B. Russell National School Lunch ‘‘(iv) ability and plans to run an effective under a grant under this section shall be Act or the Child Nutrition Act of 1966. and thorough targeted information campaign

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for students served by local educational ‘‘(1) IN GENERAL.—Each State educational necessary for fiscal year 2008 and each of the agencies eligible to participate in the dem- agency receiving a grant under this section 5 succeeding fiscal years. onstration project; and shall, in cooperation with the participating ‘‘PART P—HENRY KUUALOHA GIUGNI ‘‘(v) ability to ensure the participation in local educational agencies within the State KUPUNA MEMORIAL ARCHIVES the demonstration program of a diverse and the Secretary, develop a targeted infor- ‘‘SEC. 886. HENRY KUUALOHA GIUGNI KUPUNA group of students, including with respect to mation campaign for the demonstration pro- MEMORIAL ARCHIVES. ethnicity and gender. gram assisted under this section. ‘‘(a) GRANTS AUTHORIZED.—The Secretary ‘‘(2) LOCAL EDUCATIONAL AGENCY.—In se- ‘‘(2) PLAN.—Each State educational agency is authorized to award a grant to the Univer- lecting local educational agencies to partici- receiving a grant under this section shall in- sity of Hawaii Academy for Creative Media pate in a demonstration project under this clude in the application submitted under for the establishment, maintenance, and section, the State educational agency shall subsection (c) a written plan for their pro- periodic modernization of the Henry consider— posed targeted information campaign. The Kuualoha Giugni Kupuna Memorial Archives ‘‘(A) the number and quality of local edu- plan shall include the following: at the University of Hawaii. cational agency applications received; ‘‘(A) OUTREACH.—A description of the out- ‘‘(b) USE OF FUNDS.—The Henry Kuualoha ‘‘(B) the State educational agency’s capac- reach to students and their families at the Giugni Kupuna Memorial Archives shall use ity to oversee and monitor each local edu- beginning and end of each academic year of the grant funds received under this section— cational agency’s participation in the dem- the demonstration project, at a minimum. ‘‘(1) to facilitate the acquisition of a secure onstration project; ‘‘(B) DISTRIBUTION.—How the State edu- web accessible repository of Native Hawaiian ‘‘(C) a local educational agency’s— cational agency plans to provide the out- historical data rich in ethnic and cultural ‘‘(i) financial responsibility; reach described in subparagraph (A) and to significance to the United States for preser- ‘‘(ii) administrative capability; provide the information described in sub- vation and access by future generations; ‘‘(iii) commitment to focusing local re- paragraph (C). ‘‘(2) to award scholarships to facilitate ac- sources, in addition to any resources pro- ‘‘(C) INFORMATION.—The annual provision cess to a postsecondary education for stu- vided under part A of title I of the Elemen- by the State educational agency to all stu- dents who cannot afford such education; tary and Secondary Education Act of 1965, on dents and families participating in the dem- ‘‘(3) to support programmatic efforts asso- students who receive assistance under such onstration program of information regard- ciated with the web-based media projects of part A; ing— the archives; ‘‘(iv) ability and plans to run an effective ‘‘(i) the estimated statewide average cost ‘‘(4) to create educational materials, from and thorough targeted information campaign of attendance for an institution of higher the contents of the archives, that are appli- for students served by the local educational education for each academic year, which cable to a broad range of indigenous stu- agency; and cost data shall be disaggregated by— dents, such as Native Hawaiians, Alaskan ‘‘(v) ability to ensure the participation in ‘‘(I) type of institution, including— Natives, and Native American Indians; the demonstration project of a diverse group ‘‘(aa) 2-year public degree-granting institu- ‘‘(5) to develop outreach initiatives that in- of students with respect to ethnicity and tions of higher education; troduce the archival collections to elemen- gender. ‘‘(bb) 4-year public degree-granting institu- tary schools and secondary schools; ‘‘(e) EVALUATION.— tions of higher education; and ‘‘(6) to develop supplemental web-based re- ‘‘(1) IN GENERAL.—From amounts appro- ‘‘(cc) 4-year private degree-granting insti- sources that define terms and cultural prac- priated under subsection (h) for a fiscal year, tutions of higher education; tices innate to Native Hawaiians; the Secretary shall reserve not more than ‘‘(II) component, including— ‘‘(7) to rent, lease, purchase, maintain, or $1,000,000 to award a grant or contract to an ‘‘(aa) tuition and fees; and repair educational facilities to house the ar- organization outside the Department for an ‘‘(bb) room and board; chival collections; independent evaluation of the impact of the ‘‘(ii) Federal Pell Grants, including— ‘‘(8) to rent, lease, purchase, maintain, or demonstration program assisted under this ‘‘(I) the maximum Federal Pell Grant for repair computer equipment for use by ele- section. each award year; mentary schools and secondary schools in ‘‘(2) COMPETITIVE BASIS.—The grant or con- ‘‘(II) when and how to apply for a Federal accessing the archival collections; tract shall be awarded on a competitive Pell Grant; and ‘‘(9) to provide pre-service and in-service basis. ‘‘(III) what the application process for a teacher training to develop a core group of ‘‘(3) MATTERS EVALUATED.—The evaluation Federal Pell Grant requires; kindergarten through grade 12 teachers who described in this subsection shall— ‘‘(iii) State-specific college savings pro- are able to provide instruction in a way that ‘‘(A) determine the number of individuals grams; is relevant to the unique background of in- who were encouraged by the demonstration ‘‘(iv) State merit-based financial aid; digenous students, such as Native Hawaiians, program to pursue higher education; ‘‘(v) State need-based financial aid; and Alaskan Natives, and Native American Indi- ‘‘(B) identify the barriers to the effective- ‘‘(vi) Federal financial aid available to stu- ans, in order to— ness of the demonstration program; dents, including eligibility criteria for such ‘‘(A) facilitate greater understanding by ‘‘(C) assess the cost-effectiveness of the aid and an explanation of the Federal finan- teachers of the unique background of indige- demonstration program in improving access cial aid programs, such as the Student Guide nous students; and to higher education; published by the Department of Education ‘‘(B) improve student achievement; and ‘‘(D) identify the reasons why participants (or any successor to such document). ‘‘(10) to increase the economic and finan- in the demonstration program either re- ‘‘(3) COHORTS.—The information described cial literacy of postsecondary education stu- ceived or did not receive a Federal Pell in paragraph (2)(C) shall be provided to 2 co- dents through the dissemination of best Grant; horts of students annually for the duration practices used at other institutions of higher ‘‘(E) identify intermediate outcomes re- of the students’ participation in the dem- education regarding debt and credit manage- lated to postsecondary education attend- onstration program. The 2 cohorts shall con- ment and economic decision-making. ance, such as whether participants— sist of— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) were more likely to take a college-prep ‘‘(A) 1 cohort of 8th grade students who There are authorized to be appropriated to curriculum while in secondary school; begin the participation in academic year carry out this section such sums as may be ‘‘(ii) submitted any college applications; 2008–2009; and necessary for fiscal year 2008 and each of the and ‘‘(B) 1 cohort of 8th grade students who 5 succeeding fiscal years.’’. ‘‘(iii) took the PSAT, SAT, or ACT; begin the participation in academic year SEC. 803. STUDENT LOAN CLEARINGHOUSE. ‘‘(F) identify the number of individuals 2009–2010. (a) DEVELOPMENT.—Not later than 180 days participating in the demonstration program ‘‘(4) RESERVATION.—Each State educational after the date of enactment of this Act, the who pursued an associate’s degree or a bach- agency receiving a grant under this section Secretary of Education shall establish 1 or elor’s degree, or other postsecondary edu- shall reserve not more than 15 percent of the more clearinghouses of information on stu- cation; grant funds received each fiscal year to carry dent loans (including loans under parts B ‘‘(G) compare the findings of the dem- out the targeted information campaign de- and D of title IV of the Higher Education Act onstration program with respect to partici- scribed in this subsection. of 1965 (20 U.S.C. 1071 et seq. and 1087a et pants to comparison groups (of similar size ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—A State seq.) and private loans, for both under- and demographics) that did not participate educational agency shall use grant funds re- graduate and graduate students) for use by in the demonstration program; and ceived under this section only to supplement prospective borrowers or any person desiring ‘‘(H) identify the impact on the parents of the funds that would, in the absence of such information regarding available interest students eligible to participate in the dem- funds, be made available from non-Federal rates and other terms from lenders. Such a onstration program. sources for students participating in the clearinghouse shall— ‘‘(4) DISSEMINATION.—The findings of the demonstration program under this section, (1) have no affiliation with any institution evaluation shall be reported to the Sec- and not to supplant such funds. of higher education or any lender; retary, who shall widely disseminate the ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— (2) accept nothing of value from any lend- findings to the public. There are authorized to be appropriated to er, guaranty agency, or any entity affiliated ‘‘(f) TARGETED INFORMATION CAMPAIGN.— carry out this section such sums as may be with a lender or guaranty agency, except

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MINORITY SERVING INSTITUTIONS ity business, to provide education regarding fee to be charged to each listed lender, based FOR ADVANCED TECHNOLOGY AND technology in the classroom; on the costs necessary to establish and main- EDUCATION. ‘‘(5) to provide professional development in tain the clearinghouse; ‘‘(a) GRANTS AUTHORIZED.— science, technology, engineering, or mathe- (3) provide information regarding the in- ‘‘(1) IN GENERAL.—The Secretary is author- matics to administrators and faculty of eli- terest rates, fees, borrower benefits, and any ized to award grants, on a competitive basis, gible institutions with institutional respon- other matter that the Department of Edu- to eligible institutions to enable the eligible sibility for technology education; cation determines relevant to enable pro- institutions to carry out the activities de- ‘‘(6) to provide capacity-building technical spective borrowers to select a lender; scribed in subsection (d). assistance to eligible institutions through (4) provide interest rate information that ‘‘(2) GRANT PERIOD.—The Secretary may remote technical support, technical assist- complies with the Federal Trade Commission award a grant to an eligible institution ance workshops, distance learning, new tech- guidelines for consumer credit term disclo- under this part for a period of not more than nologies, and other technological applica- sures; and 5 years. tions; and ‘‘(b) APPLICATION AND REVIEW PROCE- (5) be a nonprofit entity. ‘‘(7) to foster the use of information com- DURE.— (b) PUBLICATION OF LIST.—The Secretary of munications technology to increase sci- ‘‘(1) IN GENERAL.—To be eligible to receive Education shall publish a list of clearing- entific, technological, engineering, and a grant under this part, an eligible institu- houses described in subsection (a) on the mathematical instruction and research. tion shall submit an application to the Sec- website of the Department of Education and ‘‘(e) DATA COLLECTION.—An eligible institu- retary at such time, in such manner, and such list shall be updated not less often than tion that receives a grant under this part containing such information as the Sec- every 90 days. shall provide the Secretary with any rel- retary may reasonably require. The applica- evant institutional statistical or demo- (c) DISCLOSURE.—Beginning on the date the tion shall include— graphic data requested by the Secretary. first clearinghouse described in subsection ‘‘(A) a program of activities for carrying ‘‘(f) INFORMATION DISSEMINATION.—The Sec- (a) is established, each institution of higher out 1 or more of the purposes described in retary shall convene an annual meeting of education that receives Federal assistance section 890; and eligible institutions receiving grants under under the Higher Education Act of 1965 (20 ‘‘(B) such other policies, procedures, and this part for the purposes of— U.S.C. 1001 et seq.) and that designates 1 or assurances as the Secretary may require by ‘‘(1) fostering collaboration and capacity- more lenders as preferred, suggested, or oth- regulation. erwise recommended shall include a standard building activities among eligible institu- ‘‘(2) REGULATIONS.—After consultation tions; and disclosure developed by the Secretary of with appropriate individuals with expertise ‘‘(2) disseminating information and ideas Education on all materials that reference in technology and education, the Secretary generated by such meetings. such lenders to inform students that the stu- shall establish a procedure by which to ac- ‘‘(g) LIMITATION.—An eligible institution dents might find a more attractive loan, cept and review such applications and pub- that receives a grant under this part that ex- with a lower interest rate, by visiting a lish an announcement of such procedure, in- ceeds $2,500,000 shall not be eligible to re- clearinghouse described in subsection (a). cluding a statement regarding the avail- ceive another grant under this part until (d) REPORT.—Not later than 18 months ability of funds, in the Federal Register. every other eligible institution that has ap- after the date of enactment of this Act, the ‘‘(3) APPLICATION REVIEW CRITERIA.—The plied for a grant under this part has received Comptroller General of the United States application review criteria used by the Sec- such a grant. shall submit a report to Congress on whether retary for grants under this part shall in- students are using a clearinghouse described clude consideration of— ‘‘SEC. 893. ANNUAL REPORT AND EVALUATION. in subsection (a) to find and secure a student ‘‘(A) demonstrated need for assistance ‘‘(a) ANNUAL REPORT REQUIRED FROM RE- loan. The report shall assess whether stu- under this part; and CIPIENTS.—Each eligible institution that re- dents could have received a more attractive ‘‘(B) diversity among the types of eligible ceives a grant under this part shall provide loan, one with a lower interest rate or better institutions receiving assistance under this an annual report to the Secretary on the eli- benefits, by using a clearinghouse described part. gible institution’s use of the grant. in subsection (a) instead of a preferred lender ‘‘(c) MATCHING REQUIREMENT.— ‘‘(b) EVALUATION BY SECRETARY.—The Sec- list. ‘‘(1) IN GENERAL.—An eligible institution retary shall— SEC. 804. MINORITY SERVING INSTITUTIONS FOR that receives a grant under this part shall ‘‘(1) review the reports provided under sub- ADVANCED TECHNOLOGY AND EDU- agree that, with respect to the costs to be in- section (a) each year; and CATION. curred by the institution in carrying out the ‘‘(2) evaluate the program authorized under At the end of title VIII (as added by sec- program for which the grant is awarded, this part on the basis of those reports every tion 801), add the following: such institution will make available (di- 2 years. ‘‘PART Q—MINORITY SERVING INSTITU- rectly or through donations from public or ‘‘(c) CONTENTS OF EVALUATION.—The Sec- TIONS FOR ADVANCED TECHNOLOGY private entities) non-Federal contributions retary, in the evaluation under subsection AND EDUCATION in an amount equal to 25 percent of the (b), shall— amount of the grant awarded by the Sec- ‘‘(1) describe the activities undertaken by ‘‘SEC. 890. PURPOSES. retary, or $500,000, whichever is the lesser the eligible institutions that receive grants ‘‘The purposes of the program under this amount. under this part; and part are to— ‘‘(2) WAIVER.—The Secretary shall waive ‘‘(2) assess the short-range and long-range ‘‘(1) strengthen the ability of eligible insti- the matching requirement for any eligible impact of activities carried out under the tutions to provide capacity for instruction in institution with no endowment, or an endow- grant on the students, faculty, and staff of digital and wireless network technologies; ment that has a current dollar value as of the institutions. and the time of the application of less than ‘‘(d) REPORT TO CONGRESS.—Not later than ‘‘(2) strengthen the national digital and $50,000,000. 3 years after the date of enactment of the wireless infrastructure by increasing na- ‘‘(d) USES OF FUNDS.—An eligible institu- Higher Education Amendments of 2007, the tional investment in telecommunications tion shall use a grant awarded under this Secretary shall submit a report on the pro- and technology infrastructure at eligible in- part— gram supported under this part to the au- stitutions. ‘‘(1) to acquire equipment, instrumenta- thorizing committees that shall include such ‘‘SEC. 891. DEFINITION OF ELIGIBLE INSTITU- tion, networking capability, hardware and recommendations, including recommenda- TION. software, digital network technology, wire- tions concerning the continuing need for ‘‘In this part, the term ‘eligible institu- less technology, and infrastructure; Federal support of the program, as may be tion’ means an institution that is— ‘‘(2) to develop and provide educational appropriate. ‘‘(1) a historically Black college or univer- services, including faculty development, re- ‘‘SEC. 894. AUTHORIZATION OF APPROPRIATIONS. sity that is a part B institution, as defined in lated to science, technology, engineering, ‘‘There are authorized to be appropriated section 322; and mathematics; to carry out this part such sums as may be ‘‘(2) a Hispanic-serving institution, as de- ‘‘(3) to provide teacher preparation and necessary for fiscal year 2008 and each of the fined in section 502(a); professional development, library and media 5 succeeding fiscal years.’’. ‘‘(3) a Tribal College or University, as de- specialist training, and early childhood edu- TITLE IX—AMENDMENTS TO OTHER LAWS fined in section 316(b); cator and teacher aide certification or licen- ‘‘(4) an Alaska Native-serving institution, sure to individuals who seek to acquire or PART A—EDUCATION OF THE DEAF ACT as defined in section 317(b); enhance technology skills in order to use OF 1986 ‘‘(5) a Native Hawaiian-serving institution, technology in the classroom or instructional SEC. 901. LAURENT CLERC NATIONAL DEAF EDU- as defined in section 317(b); or process to improve student achievement; CATION CENTER. ‘‘(6) an institution determined by the Sec- ‘‘(4) to form consortia or collaborative Section 104 of the Education of the Deaf retary to have enrolled a substantial number projects with a State, State educational Act of 1986 (20 U.S.C. 4304) is amended— of minority, low-income students during the agency, local educational agency, commu- (1) by striking the section heading and in- previous academic year who received a Fed- nity-based organization, national nonprofit serting ‘‘LAURENT CLERC NATIONAL DEAF eral Pell Grant for that year. organization, or business, including a minor- EDUCATION CENTER’’;‘‘

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.080 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7697 (2) in subsection (a)(1)(A), by inserting (2) in subsection (b)— Human Resources of the Senate’’ and insert- ‘‘the Laurent Clerc National Deaf Education (A) in paragraph (3), by striking ‘‘Com- ing ‘‘Committee on Health, Education, Center (referred to in this section as the mittee on Labor and Human Resources of the Labor, and Pensions of the Senate’’; ‘Clerc Center’) to carry out’’ after ‘‘maintain Senate’’ and inserting ‘‘Committee on (2) in paragraph (1), by striking ‘‘pre- and operate’’; and Health, Education, Labor, and Pensions of paratory,’’; (3) in subsection (b)— the Senate’’; and (3) in paragraph (2)(C), by striking ‘‘upon (A) in the matter preceding subparagraph (B) in paragraph (5)— graduation/completion’’ and inserting ‘‘on (A) of paragraph (1), by striking ‘‘elementary (i) by striking ‘‘the Act of March 3, 1931 (40 the date that is 1 year after the date of grad- and secondary education programs’’ and in- U.S.C. 276a–276a–5) commonly referred to as uation or completion’’; and serting ‘‘Clerc Center’’; the Davis-Bacon Act’’ and inserting ‘‘sub- (4) in paragraph (3)(B), by striking ‘‘of the (B) in paragraph (2), by striking ‘‘elemen- chapter IV of chapter 31 of title 40, United institution of higher education’’ and all that tary and secondary education programs’’ and States Code, commonly referred to as the follows through the period and inserting ‘‘of inserting ‘‘Clerc Center’’; and Davis-Bacon Act’’; and NTID programs and activities.’’. (C) by adding at the end the following: (ii) by striking ‘‘section 2 of the Act of SEC. 907. MONITORING, EVALUATION, AND RE- ‘‘(5) The University, for purposes of the ele- June 13, 1934 (40 U.S.C. 276c)’’ and inserting PORTING. mentary and secondary education programs ‘‘section 3145 of title 40, United States Code’’. Section 205 of the Education of the Deaf Act of 1986 (20 U.S.C. 4355) is amended— carried out at the Clerc Center, shall— SEC. 904. CULTURAL EXPERIENCES GRANTS. (1) in subsection (b), by striking ‘‘The Sec- ‘‘(A)(i) select challenging academic con- (a) CULTURAL EXPERIENCES GRANTS.—Title retary, as part of the annual report required tent standards, challenging student aca- I of the Education of the Deaf Act of 1986 (20 under section 426 of the Department of Edu- demic achievement standards, and academic U.S.C. 4301 et seq.) is amended by adding at cation Organization Act, shall include a de- assessments of a State, adopted and imple- the end the following: mented, as appropriate, pursuant to para- scription of’’ and inserting ‘‘The Secretary ‘‘PART C—OTHER PROGRAMS graphs (1) and (3) of section 1111(b) of the El- shall annually transmit information to Con- ementary and Secondary Education Act of ‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. gress on’’; and 1965 (20 U.S.C. 6311(b)(1) and (3)) and approved ‘‘(a) IN GENERAL.—The Secretary shall, on (2) in subsection (c), by striking ‘‘fiscal by the Secretary; and a competitive basis, make grants to, and years 1998 through 2003’’ and inserting ‘‘fiscal ‘‘(ii) implement such standards and assess- enter into contracts and cooperative agree- years 2008 through 2013’’. ments for such programs by not later than ments with, eligible entities to support the SEC. 908. LIAISON FOR EDUCATIONAL PRO- the beginning of the 2009–2010 academic year; activities described in subsection (b). GRAMS. Section 206(a) of the Education of the Deaf ‘‘(B) annually determine whether such pro- ‘‘(b) ACTIVITIES.—In carrying out this sec- Act of 1986 (20 U.S.C. 4356(a)) is amended by grams at the Clerc Center are making ade- tion, the Secretary shall support activities striking ‘‘Not later than 30 days after the quate yearly progress, as determined accord- providing cultural experiences, through ap- propriate nonprofit organizations with a date of enactment of this Act, the’’ and in- ing to the definition of adequate yearly serting ‘‘The’’. progress defined (pursuant to section demonstrated proficiency in providing such SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR 1111(b)(2)(C) of such Act (20 U.S.C. activities, that— ‘‘(1) enrich the lives of deaf and hard-of- GALLAUDET UNIVERSITY AND THE 6311(b)(2)(C))) by the State that has adopted NATIONAL TECHNICAL INSTITUTE and implemented the standards and assess- hearing children and adults; FOR THE DEAF. ments selected under subparagraph (A)(i); ‘‘(2) increase public awareness and under- Section 207(h) of the Education of the Deaf and standing of deafness and of the artistic and Act of 1986 (20 U.S.C. 4357(h)) is amended by ‘‘(C) publicly report the results of the aca- intellectual achievements of deaf and hard- striking ‘‘fiscal years 1998 through 2003’’ each demic assessments implemented under sub- of-hearing persons; or place it appears and inserting ‘‘fiscal years paragraph (A) and whether the programs at ‘‘(3) promote the integration of hearing, 2008 through 2013’’. the Clerc Center are making adequate yearly deaf, and hard-of-hearing persons through SEC. 910. OVERSIGHT AND EFFECT OF AGREE- progress, as determined under subparagraph shared cultural, educational, and social ex- MENTS. (B).’’. periences. Section 208(a) of the Education of the Deaf SEC. 902. AGREEMENT WITH GALLAUDET UNI- ‘‘(c) APPLICATIONS.—An eligible entity that Act of 1986 (20 U.S.C. 4359(a)) is amended by VERSITY. desires to receive a grant, or enter into a striking ‘‘Committee on Labor and Human Section 105(b)(4) of the Education of the contract or cooperative agreement, under Resources of the Senate and the Committee Deaf Act of 1986 (20 U.S.C. 4305(b)(4)) is this section shall submit an application to on Education and the Workforce of the amended— the Secretary at such time, in such manner, House of Representatives’’ and inserting (1) by striking ‘‘the Act of March 3, 1931 (40 and containing such information as the Sec- ‘‘Committee on Education and Labor of the U.S.C. 276a–276a–5) commonly referred to as retary may require. House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Davis-Bacon Act’’ and inserting ‘‘sub- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— the Senate’’. chapter IV of chapter 31 of title 40, United There are authorized to be appropriated to States Code, commonly referred to as the carry out this section such sums as may be SEC. 911. INTERNATIONAL STUDENTS. Davis-Bacon Act’’; and necessary for fiscal year 2008 and each of the Section 209 of the Education of the Deaf Act of 1986 (20 U.S.C. 4359a) is amended— (2) by striking ‘‘section 2 of the Act of 5 succeeding fiscal years.’’. (1) in subsection (a)— June 13, 1934 (40 U.S.C. 276c)’’ and inserting (b) CONFORMING AMENDMENT.—The title (A) by striking ‘‘preparatory, under- ‘‘section 3145 of title 40, United States Code’’. heading of title I of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is graduate,’’ and inserting ‘‘undergraduate’’; SEC. 903. AGREEMENT FOR THE NATIONAL TECH- amended by adding at the end ‘‘; OTHER (B) by striking ‘‘Effective with’’ and in- NICAL INSTITUTE FOR THE DEAF. PROGRAMS’’. serting the following: Section 112 of the Education of the Deaf SEC. 905. AUDIT. ‘‘(1) IN GENERAL.—Except as provided in Act of 1986 (20 U.S.C. 4332) is amended— paragraph (2), effective with’’; and (1) in subsection (a)— Section 203 of the Education of the Deaf Act of 1986 (20 U.S.C. 4353) is amended— (C) by adding at the end the following: (A) in paragraph (1)— ISTANCE LEARNING.—International (1) in subsection (b)— ‘‘(2) D (i) in the first sentence— students who participate in distance learn- (A) in paragraph (2), by striking ‘‘sections’’ (I) by striking ‘‘an institution of higher ing courses that are at NTID or the Univer- and all that follows through the period and education’’ and inserting ‘‘the Rochester In- sity and who are residing outside of the inserting ‘‘sections 102(b), 105(b)(4), 112(b)(5), stitute of Technology, Rochester, New United States shall— 203(c), 207(b)(2), subsections (c) through (f) of York’’; and ‘‘(A) not be counted as international stu- section 207, and subsections (b) and (c) of sec- (II) by striking ‘‘of a’’ and inserting ‘‘of dents for purposes of the cap on inter- tion 209.’’; and the’’; and national students under paragraph (1), ex- (B) in paragraph (3), by inserting ‘‘and the (ii) by striking the second sentence; cept that in any school year no United Committee on Education and Labor of the (B) by redesignating paragraph (2) as para- States citizen who applies to participate in graph (3); and House of Representatives and the Committee distance learning courses that are at the (C) by inserting after paragraph (1) the fol- on Health, Education, Labor, and Pensions of University or NTID shall be denied participa- lowing: the Senate’’ after ‘‘Secretary’’; and tion in such courses because of the participa- ‘‘(2) If, pursuant to the agreement estab- (2) in subsection (c)(2)(A), by striking tion of an international student in such lished under paragraph (1), either the Sec- ‘‘Committee on Labor and Human Resources courses; and retary or the Rochester Institute of Tech- of the Senate’’ and inserting ‘‘Committee on ‘‘(B) not be charged a tuition surcharge, as nology terminates the agreement, the Sec- Health, Education, Labor, and Pensions of described in subsection (b).’’; and retary shall consider proposals from other the Senate’’. (2) by striking subsections (b), (c), and (d), institutions of higher education and enter SEC. 906. REPORTS. and inserting the following: into an agreement with one of those institu- Section 204 of the Education of the Deaf ‘‘(b) TUITION SURCHARGE.—Except as pro- tions for the establishment and operation of Act of 1986 (20 U.S.C. 4354) is amended— vided in subsections (a)(2)(B) and (c), the tui- a National Technical Institution for the (1) in the matter preceding paragraph (1), tion for postsecondary international stu- Deaf.’’; and by striking ‘‘Committee on Labor and dents enrolled in the University (including

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.081 S29JYPT1 erowe on PRODPC61 with SENATE S7698 CONGRESSIONAL RECORD — SENATE July 29, 2008 undergraduate and graduate students) or as may be necessary for fiscal years 2008 comes for non-program participants with NTID shall include, for academic year 2008– through 2013.’’; and similar demographic characteristics; and 2009 and any succeeding academic year, a (2) by adding at the end the following: ‘‘(B) measures, consistent with the data surcharge of— ‘‘(d) EXTENSION.—Any authorization of ap- elements and definitions described in sub- ‘‘(1) 100 percent for a postsecondary inter- propriations made for the purposes of car- section (d)(1)(A), of— national student from a non-developing rying out this title shall be extended in the ‘‘(i) program completion, including an ex- country; and same manner as applicable programs are ex- plicit definition of what constitutes a pro- ‘‘(2) 50 percent for a postsecondary inter- tended under section 422 of the General Edu- gram completion within the proposal; national student from a developing country. cation Provisions Act.’’. ‘‘(ii) knowledge and skill attainment, in- ‘‘(c) REDUCTION OF SURCHARGE.— PART C—THE HIGHER EDUCATION cluding specification of instruments that ‘‘(1) IN GENERAL.—Beginning with the aca- AMENDMENTS OF 1998 will measure knowledge and skill attain- demic year 2008–2009, the University or NTID ment; may reduce the surcharge— SEC. 931. REPEALS. ‘‘(iii) attainment of employment both prior ‘‘(A) under subsection (b)(1) from 100 per- The following provisions of title VIII of the to and subsequent to release; cent to not less than 50 percent if— Higher Education Amendments of 1998 (Pub- ‘‘(iv) success in employment indicated by ‘‘(i) a student described under subsection lic Law 105–244) are repealed: job retention and advancement; and (b)(1) demonstrates need; and (1) Part A. ‘‘(v) recidivism, including such subindica- ‘‘(ii) such student has made a good faith ef- (2) Part C (20 U.S.C. 1070 note). tors as time before subsequent offense and fort to secure aid through such student’s (3) Part F (20 U.S.C. 1862 note). severity of offense; government or other sources; and (4) Part J. ‘‘(5) describes how the proposed programs ‘‘(B) under subsection (b)(2) from 50 percent (5) Section 861. are to be integrated with existing State cor- to not less than 25 percent if— (6) Section 863. rectional education programs (such as adult ‘‘(i) a student described under subsection SEC. 932. GRANTS TO STATES FOR WORKPLACE education, graduate education degree pro- (b)(2) demonstrates need; and AND COMMUNITY TRANSITION grams, and vocational training) and State ‘‘(ii) such student has made a good faith ef- TRAINING FOR INCARCERATED YOUTH OFFENDERS. industry programs; fort to secure aid through such student’s ‘‘(6) describes how the proposed programs Section 821 of the Higher Education government or other sources. will have considered or will utilize tech- Amendments of 1998 (20 U.S.C. 1151) is ‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The nology to deliver the services under this sec- amended to read as follows: University and NTID shall develop a sliding tion; and scale model that— ‘‘SEC. 821. GRANTS TO STATES FOR IMPROVED ‘‘(7) describes how students will be selected ‘‘(A) will be used to determine the amount WORKPLACE AND COMMUNITY TRANSITION TRAINING FOR INCAR- so that only youth offenders eligible under of a tuition surcharge reduction pursuant to CERATED YOUTH OFFENDERS. subsection (e) will be enrolled in postsec- paragraph (1); and ‘‘(a) DEFINITION.—In this section, the term ondary programs. ‘‘(B) shall be approved by the Secretary. ‘youth offender’ means a male or female of- ‘‘(d) PROGRAM REQUIREMENTS.—Each State ‘‘(d) DEFINITION.—In this section, the term fender under the age of 35, who is incarcer- correctional education agency receiving a grant under this section shall— ‘developing country’ means a country with a ated in a State prison, including a prerelease ‘‘(1) annually report to the Secretary re- per-capita income of not more than $4,825, facility. measured in 1999 United States dollars, as garding— ‘‘(b) GRANT PROGRAM.—The Secretary of adjusted by the Secretary to reflect inflation Education (in this section referred to as the ‘‘(A) the results of the evaluations con- since 1999.’’. ‘Secretary’)— ducted using data elements and definitions SEC. 912. RESEARCH PRIORITIES. ‘‘(1) shall establish a program in accord- provided by the Secretary for the use of Section 210(b) of the Education of the Deaf ance with this section to provide grants to State correctional education programs; Act of 1986 (20 U.S.C. 4359b(b)) is amended by the State correctional education agencies in ‘‘(B) any objectives or requirements estab- striking ‘‘Committee on Education and the the States, from allocations for the States lished by the Secretary pursuant to sub- Workforce of the House of Representatives, under subsection (h), to assist and encourage section (b)(2); and and the Committee on Labor and Human Re- youth offenders to acquire functional lit- ‘‘(C) the additional performance objectives sources of the Senate’’ and inserting ‘‘Com- eracy, life, and job skills, through— and evaluation methods contained in the mittee on Education and Labor of the House ‘‘(A) the pursuit of a postsecondary edu- proposal described in subsection (c)(4) as nec- of Representatives, and the Committee on cation certificate, or an associate or bach- essary to document the attainment of Health, Education, Labor, and Pensions of elor’s degree while in prison; and project performance objectives; and the Senate’’. ‘‘(B) employment counseling and other re- ‘‘(2) provide to each State for each student SEC. 913. AUTHORIZATION OF APPROPRIATIONS. lated services which start during incarcer- eligible under subsection (e) not more than— Section 212 of the Education of the Deaf ation and end not later than 1 year after re- ‘‘(A) $3,000 annually for tuition, books, and Act of 1986 (20 U.S.C. 4360a) is amended— lease from confinement; and essential materials; and (1) in subsection (a), in the matter pre- ‘‘(2) may establish such performance objec- ‘‘(B) $300 annually for related services such ceding paragraph (1), by striking ‘‘fiscal tives and reporting requirements for State as career development, substance abuse years 1998 through 2003’’ and inserting ‘‘fiscal correctional education agencies receiving counseling, parenting skills training, and years 2008 through 2013’’; and grants under this section as the Secretary health education. (2) in subsection (b), by striking ‘‘fiscal ‘‘(e) STUDENT ELIGIBILITY.—A youth of- determines are necessary to assess the effec- fender shall be eligible for participation in a years 1998 through 2003’’ and inserting ‘‘fiscal tiveness of the program under this section. years 2008 through 2013’’. program receiving a grant under this section ‘‘(c) APPLICATION.—To be eligible for a if the youth offender— PART B—UNITED STATES INSTITUTE OF grant under this section, a State correc- ‘‘(1) is eligible to be released within 5 years PEACE ACT tional education agency shall submit to the (including a youth offender who is eligible SEC. 921. UNITED STATES INSTITUTE OF PEACE Secretary a proposal for a youth offender for parole within such time); ACT. program that— ‘‘(2) is 35 years of age or younger; and (a) POWERS AND DUTIES.—Section 1705(b)(3) ‘‘(1) identifies the scope of the problem, in- ‘‘(3) has not been convicted of— of the United States Institute of Peace Act cluding the number of youth offenders in ‘‘(A) a ‘criminal offense against a victim (22 U.S.C. 4604(b)(3)) is amended by striking need of postsecondary education and voca- who is a minor’ or a ‘sexually violent of- ‘‘the Arms Control and Disarmament Agen- tional training; fense’, as such terms are defined in the Jacob cy,’’. ‘‘(2) lists the accredited public or private Wetterling Crimes Against Children and Sex- (b) BOARD OF DIRECTORS.—Section 1706 of educational institution or institutions that ually Violent Offender Registration Act (42 the United States Institute of Peace Act (22 will provide postsecondary educational serv- U.S.C. 14071 et seq.); or U.S.C. 4605) is amended— ices; ‘‘(B) murder, as described in section 1111 of (1) by striking ‘‘(b)(5)’’ each place the term ‘‘(3) lists the cooperating agencies, public title 18, United States Code. appears and inserting ‘‘(b)(4)’’; and and private, or businesses that will provide ‘‘(f) LENGTH OF PARTICIPATION.—A State (2) in subsection (e), by adding at the end related services, such as counseling in the correctional education agency receiving a the following: areas of career development, substance grant under this section shall provide edu- ‘‘(5) The term of a member of the Board abuse, health, and parenting skills; cational and related services to each partici- shall not commence until the member is con- ‘‘(4) describes specific performance objec- pating youth offender for a period not to ex- firmed by the Senate and sworn in as a mem- tives and evaluation methods (in addition to, ceed 5 years, 1 year of which may be devoted ber of the Board.’’. and consistent with, any objectives estab- to study in a graduate education degree pro- (c) FUNDING.—Section 1710 of the United lished by the Secretary under subsection gram or to remedial education services for States Institute of Peace Act (22 U.S.C. 4609) (b)(2)) that the State correctional education students who have obtained a secondary is amended— agency will use in carrying out its proposal, school diploma or its recognized equivalent. (1) by striking ‘‘to be appropriated’’ and all including— Educational and related services shall start that follows through the period at the end ‘‘(A) specific and quantified student out- during the period of incarceration in prison and inserting ‘‘to be appropriated such sums come measures that are referenced to out- or prerelease, and the related services may

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.081 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7699 continue for not more than 1 year after re- sociation for Continuing Education and (2) in paragraphs (1), (2), and (3), by strik- lease from confinement. Training; and ing ‘‘4 succeeding’’ and inserting ‘‘5 suc- ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State ‘‘(B) shall be limited to 10 percent of the ceeding’’; correctional education agencies and cooper- Indian student count of a tribally controlled (3) in paragraph (2), by striking ating institutions shall, to the extent prac- college or university.’’; and ‘‘$40,000,000’’ and inserting ‘‘such sums as ticable, use high-tech applications in devel- (3) by striking paragraph (6). may be necessary’’; oping programs to meet the requirements (d) ACCREDITATION REQUIREMENT.—Section (4) in paragraph (3), by striking and goals of this section. 103 of the Tribally Controlled College or Uni- ‘‘$10,000,000’’ and inserting ‘‘such sums as ‘‘(h) ALLOCATION OF FUNDS.—From the versity Assistance Act of 1978 (25 U.S.C. 1804) may be necessary’’; and funds appropriated pursuant to subsection (i) is amended— (5) in paragraph (4), by striking ‘‘suc- for each fiscal year, the Secretary shall allot (1) in paragraph (2), by striking ‘‘and’’ at ceeding 4’’ and inserting ‘‘5 succeeding’’. to each State an amount that bears the same the end; (h) ENDOWMENT PROGRAM REAUTHORIZA- relationship to such funds as the total num- (2) in paragraph (3), by striking the period TION.—Section 306(a) of the Tribally Con- ber of students eligible under subsection (e) at the end and inserting ‘‘; and’’; and trolled College or University Assistance Act in such State bears to the total number of (3) by inserting after paragraph (3), the fol- of 1978 (25 U.S.C. 1836(a)) is amended— such students in all States. lowing: (1) by striking ‘‘1999’’ and inserting ‘‘2008’’; ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4)(A) is accredited by a nationally recog- and There are authorized to be appropriated to nized accrediting agency or association de- (2) by striking ‘‘4 succeeding’’ and insert- carry out this section such sums as may be termined by the Secretary of Education to ing ‘‘5 succeeding’’. necessary for fiscal years 2008 through 2013.’’. be a reliable authority with regard to the (i) TRIBAL ECONOMIC DEVELOPMENT REAU- SEC. 933. UNDERGROUND RAILROAD EDU- quality of training offered; or THORIZATION.—Section 403 of the Tribal Eco- CATIONAL AND CULTURAL PRO- ‘‘(B) according to such an agency or asso- nomic Development and Technology Related GRAM. ciation, is making reasonable progress to- Education Assistance Act of 1990 (25 U.S.C. Section 841(c) of the Higher Education ward accreditation.’’. 1852) is amended— Amendments of 1998 (20 U.S.C. 1153(c)) is (e) TECHNICAL ASSISTANCE CONTRACTS.— (1) by striking ‘‘$2,000,000 for fiscal year amended by striking ‘‘this section’’ and all Section 105 of the Tribally Controlled Col- 1999’’ and inserting ‘‘such sums as may be that follows through the period at the end lege or University Assistance Act of 1978 (25 necessary for fiscal year 2008’’; and and inserting ‘‘this section such sums as U.S.C. 1805) is amended— (2) by striking ‘‘4 succeeding’’ and insert- may be necessary for fiscal years 2008 (1) by striking the section designation and ing ‘‘5 succeeding’’. through 2013.’’. heading and all that follows through ‘‘The (j) TRIBALLY CONTROLLED POSTSECONDARY SEC. 934. OLYMPIC SCHOLARSHIPS UNDER THE Secretary shall’’ and inserting the following: CAREER AND TECHNICAL INSTITUTIONS.— HIGHER EDUCATION AMENDMENTS ‘‘SEC. 105. TECHNICAL ASSISTANCE CONTRACTS. (1) IN GENERAL.—The Tribally Controlled OF 1992. ‘‘(a) TECHNICAL ASSISTANCE.— College or University Assistance Act of 1978 Section 1543(d) of the Higher Education ‘‘(1) IN GENERAL.—The Secretary shall’’; (25 U.S.C. 1801 et seq.) is amended by adding Amendments of 1992 (20 U.S.C. 1070 note) is (2) in the second sentence, by striking ‘‘In at the end the following: amended by striking ‘‘to be appropriated’’ the awarding of contracts for technical as- ‘‘Subtitle V—Tribally Controlled Postsec- and all that follows through the period at sistance, preference shall be given’’ and in- ondary Career and Technical Institutions the end and inserting ‘‘to be appropriated serting the following: ‘‘SEC. 501. DEFINITION OF TRIBALLY CON- such sums as may be necessary for fiscal ‘‘(2) DESIGNATED ORGANIZATION.—The Sec- TROLLED POSTSECONDARY CAREER years 2008 through 2013.’’. retary shall require that a contract for tech- AND TECHNICAL INSTITUTION. PART D—INDIAN EDUCATION nical assistance under paragraph (1) shall be ‘‘In this title, the term ‘tribally controlled awarded’’; and postsecondary career and technical institu- Subpart 1—Tribal Colleges and Universities (3) in the third sentence, by striking ‘‘No tion’ has the meaning given the term in sec- SEC. 941. REAUTHORIZATION OF THE TRIBALLY authority’’ and inserting the following: tion 3 of the Carl D. Perkins Career and CONTROLLED COLLEGE OR UNIVER- ‘‘(b) EFFECT OF SECTION.—No authority’’. Technical Education Act of 2006 (20 U.S.C. SITY ASSISTANCE ACT OF 1978. (f) AMOUNT OF GRANTS.—Section 108(a) of 2302). (a) CLARIFICATION OF THE DEFINITION OF NA- the Tribally Controlled College or University ‘‘SEC. 502. TRIBALLY CONTROLLED POSTSEC- TIONAL INDIAN ORGANIZATION.—Section 2(a)(6) Assistance Act of 1978 (25 U.S.C. 1808(a)) is ONDARY CAREER AND TECHNICAL of the Tribally Controlled College or Univer- amended— INSTITUTIONS PROGRAM. sity Assistance Act of 1978 (25 U.S.C. (1) by redesignating paragraphs (1) and (2) ‘‘(a) IN GENERAL.—Subject to the avail- 1801(a)(6)) is amended by striking ‘‘in the as subparagraphs (A) and (B), respectively, ability of appropriations, for fiscal year 2008 field of Indian education’’ and inserting ‘‘in and indenting the subparagraphs appro- and each fiscal year thereafter, the Sec- the fields of tribally controlled colleges and priately; retary shall— universities and Indian higher education’’. (2) by striking ‘‘(a) Except as provided in ‘‘(1) subject to subsection (b), select 2 trib- (b) INDIAN STUDENT COUNT.—Section 2(a) of section 111,’’ and inserting the following: ally controlled postsecondary career and the Tribally Controlled College or University ‘‘(a) REQUIREMENT.— technical institutions to receive assistance Assistance Act of 1978 (25 U.S.C. 1801(a)) is ‘‘(1) IN GENERAL.—Except as provided in under this title; and amended— paragraph (2) and section 111,’’; ‘‘(2) provide funding to the selected trib- (1) by redesignating paragraphs (7) and (8) (3) in paragraph (1) (as redesignated by ally controlled postsecondary career and as paragraphs (8) and (9), respectively; and paragraphs (1) and (2))— technical institutions to pay the costs (in- (2) by inserting after paragraph (6) the fol- (A) in the matter preceding subparagraph cluding institutional support costs) of oper- lowing: (A) (as redesignated by paragraph (1))— ating postsecondary career and technical ‘‘(7) ‘Indian student’ means a student who (i) by striking ‘‘him’’ and inserting ‘‘the education programs for Indian students at is— Secretary’’; and the tribally controlled postsecondary career ‘‘(A) a member of an Indian tribe; or (ii) by striking ‘‘product of’’ and inserting and technical institutions. ‘‘(B) a biological child of a member of an ‘‘product obtained by multiplying’’; ‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.— Indian tribe, living or deceased;’’. (B) in subparagraph (A) (as redesignated by ‘‘(1) REQUIREMENT.—For each fiscal year (c) CONTINUING EDUCATION.—Section 2(b) of paragraph (1)), by striking ‘‘section 2(a)(7)’’ during which the Secretary determines that the Tribally Controlled College or University and inserting ‘‘section 2(a)(8)’’; and a tribally controlled postsecondary career Assistance Act of 1978 (25 U.S.C. 1801(b)) is (C) in subparagraph (B) (as redesignated by and technical institution described in para- amended— paragraph (1)), by striking ‘‘$6,000,’’ and in- graph (2) meets the definition referred to in (1) in the matter preceding paragraph (1), serting ‘‘$8,000, as adjusted annually for in- section 501, the Secretary shall select that by striking ‘‘paragraph (7) of subsection (a)’’ flation.’’; and tribally controlled postsecondary career and and inserting ‘‘subsection (a)(8)’’; (4) by striking ‘‘except that no grant shall technical institution under subsection (a)(1) (2) by striking paragraph (5) and inserting exceed the total cost of the education pro- to receive funding under this section. the following: gram provided by such college or univer- ‘‘(2) INSTITUTIONS.—The 2 tribally con- ‘‘(5) DETERMINATION OF CREDITS.—Eligible sity.’’ and inserting the following: trolled postsecondary career and technical credits earned in a continuing education pro- ‘‘(2) EXCEPTION.—The amount of a grant institutions referred to in paragraph (1) are— gram— under paragraph (1) shall not exceed an ‘‘(A) the United Tribes Technical College; ‘‘(A) shall be determined as 1 credit for amount equal to the total cost of the edu- and every 10 contact hours in the case of an in- cation program provided by the applicable ‘‘(B) the Navajo Technical College. stitution on a quarter system, or 15 contact tribally controlled college or university.’’. ‘‘(c) METHOD OF PAYMENT.—For each appli- hours in the case of an institution on a se- (g) GENERAL PROVISIONS REAUTHORIZA- cable fiscal year, the Secretary shall provide mester system, of participation in an orga- TION.—Section 110(a) of the Tribally Con- funding under this section to each tribally nized continuing education experience under trolled College or University Assistance Act controlled postsecondary career and tech- responsible sponsorship, capable direction, of 1978 (25 U.S.C. 1810(a)) is amended— nical institution selected for the fiscal year and qualified instruction, as described in the (1) in paragraphs (1), (2), (3), and (4), by under subsection (a)(1) in a lump sum pay- criteria established by the International As- striking ‘‘1999’’ and inserting ‘‘2008’’; ment for the fiscal year.

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.081 S29JYPT1 erowe on PRODPC61 with SENATE S7700 CONGRESSIONAL RECORD — SENATE July 29, 2008

‘‘(d) DISTRIBUTION.— ‘‘(a) GRANT PROGRAM.—Subject to the (3) in subsection (c), in the first sentence, ‘‘(1) IN GENERAL.—For fiscal year 2009 and availability of appropriations, the Secretary by striking ‘‘the Navajo Community Col- each fiscal year thereafter, of amounts made shall make grants under this section, to pro- lege’’ and inserting ‘‘Dine´ College’’. available pursuant to section 504, the Sec- vide basic support for the education and (d) AUTHORIZATION OF APPROPRIATIONS.— retary shall distribute to each tribally con- training of Indian students, to tribally con- Section 5 of the Navajo Community College trolled postsecondary career and technical trolled postsecondary career and technical Act (25 U.S.C. 640c–1) is amended— institution selected for the fiscal year under institutions that are not receiving Federal (1) in subsection (a)— subsection (a)(1) an amount equal to the assistance as of the date on which the grant (A) in paragraph (1), by striking greater of— is provided under— ‘‘$2,000,000’’ and all that follows through the ‘‘(A) the total amount appropriated for the ‘‘(1) title I of the Tribally Controlled Col- end of the paragraph and inserting ‘‘such tribally controlled postsecondary career and lege or University Assistance Act of 1978 (25 sums as are necessary for fiscal years 2008 technical institution for fiscal year 2006; or U.S.C. 1802 et seq.); or through 2013.’’; and ‘‘(B) the total amount appropriated for the ‘‘(2) the Navajo Community College Act (25 (B) by adding at the end the following: tribally controlled postsecondary career and U.S.C. 640a et seq.).’’; and ‘‘(3) Sums described in paragraph (2) shall technical institution for fiscal year 2008. (B) by striking subsection (d) and inserting be used to provide grants for construction activities, including the construction of ‘‘(2) EXCESS AMOUNTS.—If, for any fiscal the following: buildings, water and sewer facilities, roads, year, the amount made available pursuant to ‘‘(d) APPLICATIONS.—To be eligible to re- information technology and telecommuni- section 504 exceeds the sum of the amounts ceive a grant under this section, a tribally cations infrastructure, classrooms, and ex- required to be distributed under paragraph controlled postsecondary career and tech- ternal structures (such as walkways).’’; (1) to the tribally controlled postsecondary nical institution that is not receiving Fed- (2) in subsection (b)(1)— career and technical institutions selected for eral assistance under title I of the Tribally (A) in the matter preceding subparagraph the fiscal year under subsection (a)(1), the Controlled College or University Assistance (A)— Secretary shall distribute to each tribally Act (25 U.S.C. 1802 et seq.) or the Navajo (i) by striking ‘‘the Navajo Community controlled postsecondary career and tech- Community College Act (25 U.S.C. 640a et College’’ and inserting ‘‘Dine´ College’’; and nical institution selected for that fiscal year seq.) shall submit to the Secretary an appli- (ii) by striking ‘‘, for each fiscal year’’ and a portion of the excess amount, to be deter- cation at such time, in such manner, and all that follows through ‘‘for—’’ and insert- mined by— containing such information as the Sec- ing ‘‘such sums as are necessary for fiscal ‘‘(A) dividing the excess amount by the ag- retary may require.’’. years 2008 through 2013 to pay the cost of—’’; gregate Indian student count (as defined in (k) SHORT TITLE.— (B) in subparagraph (A)— section 117(h) of the Carl D. Perkins Career (1) IN GENERAL.—The first section of the (i) by striking ‘‘college’’ and inserting and Technical Education Act of 2006 (20 Tribally Controlled College or University As- ‘‘College’’; U.S.C. 2327(h)) of such institutions for the sistance Act of 1978 (25 U.S.C. 1801 note; Pub- (ii) in clauses (i) and (iii), by striking the prior academic year; and lic Law 95–471) is amended to read as follows: commas at the ends of the clauses and in- ‘‘(B) multiplying the quotient described in ‘‘SECTION 1. SHORT TITLE. serting semicolons; and subparagraph (A) by the Indian student ‘‘This Act may be cited as the ‘Tribally (iii) in clause (ii), by striking ‘‘, and’’ at count of each such institution for the prior Controlled Colleges and Universities Assist- the end and inserting ‘‘; and’’; academic year. ance Act of 1978’.’’. (C) in subparagraph (B), by striking the ‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. (2) REFERENCES.—Any reference in law (in- comma at the end and inserting a semicolon; ‘‘(a) IN GENERAL.—Paragraphs (4) and (7) of cluding regulations) to the Tribally Con- (D) in subparagraph (C), by striking ‘‘, subsection (a), and subsection (b), of section trolled College or University Assistance Act and’’ at the end and inserting a semicolon; 2, sections 105, 108, 111, 112 and 113, and titles of 1978 shall be considered to be a reference (E) in subparagraph (D), by striking the pe- II, III, and IV shall not apply to this title. to the ‘‘Tribally Controlled Colleges and Uni- riod at the end and inserting ‘‘; and’’; and ‘‘(b) INDIAN SELF-DETERMINATION AND EDU- versities Assistance Act of 1978’’. (F) by adding at the end the following: CATION ASSISTANCE.—Funds made available ‘‘(E) improving and expanding the College, Subpart 2—Navajo Higher Education pursuant to this title shall be subject to the including by providing, for the Navajo people Indian Self-Determination and Education SEC. 945. SHORT TITLE. and others in the community of the Col- Assistance Act (25 U.S.C. 450 et seq.). This subpart may be cited as the ‘‘Navajo lege— ‘‘(c) ELECTION TO RECEIVE.—A tribally con- Nation Higher Education Act of 2006’’. ‘‘(i) higher education programs; trolled postsecondary career and technical SEC. 946. REAUTHORIZATION OF NAVAJO COM- ‘‘(ii) career and technical education; institution selected for a fiscal year under MUNITY COLLEGE ACT. ‘‘(iii) activities relating to the preserva- section 502(b) may elect to receive funds pur- (a) PURPOSE.—Section 2 of the Navajo Com- tion and protection of the Navajo language, suant to section 502 in accordance with an munity College Act (25 U.S.C. 640a) is amend- philosophy, and culture; agreement between the tribally controlled ed— ‘‘(iv) employment and training opportuni- postsecondary career and technical institu- (1) by striking ‘‘Navajo Tribe of Indians’’ ties; tion and the Secretary under the Indian Self- and inserting ‘‘Navajo Nation’’; and ‘‘(v) economic development and commu- Determination and Education Assistance Act (2) by striking ‘‘the Navajo Community nity outreach; and (25 U.S.C. 450 et seq.) if the agreement is in College’’ and inserting ‘‘Dine´ College’’. ‘‘(vi) a safe learning, working, and living existence on the date of enactment of the (b) GRANTS.—Section 3 of the Navajo Com- environment.’’; and Higher Education Amendments of 2007. munity College Act (25 U.S.C. 640b) is amend- (3) in subsection (c), by striking ‘‘the Nav- ‘‘(d) OTHER ASSISTANCE.—Eligibility for, or ed— ajo Community College’’ and inserting ‘‘Dine´ receipt of, assistance under this title shall (1) in the first sentence— College’’. not preclude the eligibility of a tribally con- (A) by inserting ‘‘the’’ before ‘‘Interior’’; (e) EFFECT ON OTHER LAWS.—Section 6 of trolled postsecondary career and technical (B) by striking ‘‘Navajo Tribe of Indians’’ the Navajo Community College Act (25 institutions to receive Federal financial as- and inserting ‘‘Navajo Nation’’; and U.S.C. 640c–2) is amended— (1) by striking ‘‘the Navajo Community sistance under— (C) by striking ‘‘the Navajo Community College’’ each place it appears and inserting ‘‘(1) any program under the Higher Edu- College’’ and inserting ‘‘Dine´ College’’; and ‘‘Dine´ College’’; and cation Act of 1965 (20 U.S.C. 1001 et seq.); (2) in the second sentence— (2) in subsection (b), by striking ‘‘college’’ ‘‘(2) any program under the Carl D. Perkins (A) by striking ‘‘Navajo Tribe’’ and insert- and inserting ‘‘College’’. Career and Technical Education Act of 2006; ing ‘‘Navajo Nation’’; and or (f) PAYMENTS; INTEREST.—Section 7 of the (B) by striking ‘‘Navajo Indians’’ and in- Navajo Community College Act (25 U.S.C. ‘‘(3) any other applicable program under serting ‘‘Navajo people’’. 640c–3) is amended by striking ‘‘the Navajo which a benefit is provided for— (c) STUDY OF FACILITIES NEEDS.—Section 4 Community College’’ each place it appears ‘‘(A) institutions of higher education; of the Navajo Community College Act (25 and inserting ‘‘Dine´ College’’. ‘‘(B) community colleges; or U.S.C. 640c) is amended— ‘‘(C) postsecondary educational institu- ‘‘SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL (1) in subsection (a)— ASSISTANCE ATTORNEYS. tions. (A) in the first sentence— ‘‘(a) PURPOSE.—The purpose of this section ‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. (i) by striking ‘‘the Navajo Community is to encourage qualified individuals to enter ‘‘There are authorized to be appropriated College’’ and inserting ‘‘Dine´ College’’; and and continue employment as civil legal as- such sums as are necessary for fiscal year (ii) by striking ‘‘August 1, 1979’’ and insert- sistance attorneys. 2008 and each fiscal year thereafter to carry ing ‘‘October 31, 2010’’; and ‘‘(b) DEFINITIONS.—In this section: out this title.’’. (B) in the second sentence, by striking ‘‘(1) CIVIL LEGAL ASSISTANCE ATTORNEY.— (2) CONFORMING AMENDMENTS.—Section 117 ‘‘Navajo Tribe’’ and inserting ‘‘Navajo Na- The term ‘civil legal assistance attorney’ of the Carl D. Perkins Career and Technical tion’’; means an attorney who— Education Act of 2006 (20 U.S.C. 2327) is (2) in subsection (b), by striking ‘‘the date ‘‘(A) is a full-time employee of a nonprofit amended— of enactment of the Tribally Controlled organization that provides legal assistance (A) by striking subsection (a) and inserting Community College Assistance Act of 1978’’ with respect to civil matters to low-income the following: and inserting ‘‘October 1, 2007’’; and individuals without a fee;

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.081 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7701 ‘‘(B) as such employee, provides civil legal ‘‘(i) $6,000 for any borrower in any calendar ‘‘(i) a full-time employee of a State or assistance as described in subparagraph (A) year; or local agency who provides legal representa- on a full-time basis; and ‘‘(ii) an aggregate total of $40,000 in the tion to indigent persons in criminal or juve- ‘‘(C) is continually licensed to practice case of any borrower. nile delinquency cases (including super- law. ‘‘(B) BEGINNING OF PAYMENTS.—Nothing in vision, education, or training of other per- ‘‘(2) STUDENT LOAN.—The term ‘student this section shall authorize the Secretary to sons providing such representation); loan’ means— pay any amount to reimburse a borrower for ‘‘(ii) a full-time employee of a nonprofit or- ‘‘(A) subject to subparagraph (B), a loan any repayments made by such borrower prior ganization operating under a contract with a made, insured, or guaranteed under part B, to the date on which the Secretary entered State or unit of local government, who de- D, or E of this title; and into an agreement with the borrower under votes substantially all of his or her full-time ‘‘(B) a loan made under section 428C or this subsection. employment to providing legal representa- 455(g), to the extent that such loan was used ‘‘(e) ADDITIONAL AGREEMENTS.— tion to indigent persons in criminal or juve- to repay— ‘‘(1) IN GENERAL.—On completion of the re- nile delinquency cases, (including super- ‘‘(i) a Federal Direct Stafford Loan, a Fed- quired period of service under an agreement vision, education, or training of other per- eral Direct Unsubsidized Stafford Loan, or a under subsection (d), the borrower and the sons providing such representation); or Federal Direct PLUS Loan; Secretary may, subject to paragraph (2), ‘‘(iii) employed as a full-time Federal de- ‘‘(ii) a loan made under section 428, 428B, or enter into an additional agreement in ac- fender attorney in a defender organization 428H; or cordance with subsection (d). established pursuant to subsection (g) of sec- ‘‘(iii) a loan made under part E. ‘‘(2) TERM.—An agreement entered into tion 3006A of title 18, United States Code, ‘‘(c) PROGRAM AUTHORIZED.—The Secretary under paragraph (1) may require the bor- that provides legal representation to indi- shall carry out a program of assuming the rower to remain employed as a civil legal as- gent persons in criminal or juvenile delin- obligation to repay a student loan, by direct sistance attorney for less than 3 years. quency cases. payments on behalf of a borrower to the ‘‘(f) AWARD BASIS; PRIORITY.— ‘‘(3) STUDENT LOAN.—The term ‘student holder of such loan, in accordance with sub- ‘‘(1) AWARD BASIS.—Subject to paragraph loan’ means— section (d), for any borrower who— (2), the Secretary shall provide repayment ‘‘(A) a loan made, insured, or guaranteed under part B of title IV of the Higher Edu- ‘‘(1) is employed as a civil legal assistance benefits under this section on a first-come, cation Act of 1965 (20 U.S.C. 1071 et seq.); attorney; and first-served basis, and subject to the avail- ‘‘(B) a loan made under part D or E of title ‘‘(2) is not in default on a loan for which ability of appropriations. IV of the Higher Education Act of 1965 (20 the borrower seeks repayment. ‘‘(2) PRIORITY.—The Secretary shall give U.S.C. 1087a et seq. and 1087aa et seq.); and ‘‘(d) TERMS OF AGREEMENT.— priority in providing repayment benefits under this section in any fiscal year to a bor- ‘‘(C) a loan made under section 428C or ‘‘(1) IN GENERAL.—To be eligible to receive 455(g) of the Higher Education Act of 1965 (20 repayment benefits under subsection (c), a rower who— ‘‘(A) has practiced law for 5 years or less U.S.C. 1078–3 and 1087e(g)) to the extent that borrower shall enter into a written agree- such loan was used to repay a Federal Direct ment with the Secretary that specifies and, for at least 90 percent of the time in such practice, has served as a civil legal as- Stafford Loan, a Federal Direct Unsubsidized that— Stafford Loan, or a loan made under section ‘‘(A) the borrower will remain employed as sistance attorney; ‘‘(B) received repayment benefits under 428 or 428H of such Act. a civil legal assistance attorney for a re- ‘‘(c) PROGRAM AUTHORIZED.—The Attorney this section during the preceding fiscal year; quired period of service of not less than 3 General shall establish a program by which and years, unless involuntarily separated from the Department of Justice shall assume the ‘‘(C) has completed less than 3 years of the that employment; obligation to repay a student loan, by direct ‘‘(B) if the borrower is involuntarily sepa- first required period of service specified for payments on behalf of a borrower to the rated from employment on account of mis- the borrower in an agreement entered into holder of such loan, in accordance with sub- conduct, or voluntarily separates from em- under subsection (d). section (d), for any borrower who— ployment, before the end of the period speci- ‘‘(g) REGULATIONS.—The Secretary is au- ‘‘(1) is employed as a prosecutor or public fied in the agreement, the borrower will thorized to issue such regulations as may be defender; and repay the Secretary the amount of any bene- necessary to carry out the provisions of this ‘‘(2) is not in default on a loan for which fits received by such employee under this section. the borrower seeks forgiveness. agreement; ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) TERMS OF AGREEMENT.— ‘‘(C) if the borrower is required to repay an There are authorized to be appropriated to ‘‘(1) IN GENERAL.—To be eligible to receive amount to the Secretary under subparagraph carry out this section $10,000,000 for fiscal repayment benefits under subsection (c), a (B) and fails to repay such amount, a sum year 2008 and such sums as may be necessary borrower shall enter into a written agree- equal to that amount shall be recoverable by for each succeeding fiscal year.’’. ment that specifies that— the Federal Government from the employee PART E—OMNIBUS CRIME CONTROL AND ‘‘(A) the borrower will remain employed as by such methods as are provided by law for SAFE STREETS ACT OF 1968 a prosecutor or public defender for a required the recovery of amounts owed to the Federal SEC. 951. SHORT TITLE. period of service of not less than 3 years, un- Government; This part may be cited as the ‘‘John R. less involuntarily separated from that em- ‘‘(D) the Secretary may waive, in whole or Justice Prosecutors and Defenders Incentive ployment; in part, a right of recovery under this sub- Act of 2007’’. ‘‘(B) if the borrower is involuntarily sepa- section if it is shown that recovery would be rated from employment on account of mis- SEC. 952. LOAN REPAYMENT FOR PROSECUTORS against equity and good conscience or AND DEFENDERS. conduct, or voluntarily separates from em- against the public interest; and Title I of the Omnibus Crime Control and ployment, before the end of the period speci- ‘‘(E) the Secretary shall make student loan Safe Streets Act of 1968 (42 U.S.C. 3711 et fied in the agreement, the borrower will payments under this section for the period of seq.) is amended by inserting after part II (42 repay the Attorney General the amount of the agreement, subject to the availability of U.S.C. 3797cc et seq.) the following: any benefits received by such employee appropriations. under this section; ‘‘(2) REPAYMENTS.— ‘‘PART JJ—LOAN REPAYMENT FOR ‘‘(C) if the borrower is required to repay an ‘‘(A) IN GENERAL.—Any amount repaid by, PROSECUTORS AND PUBLIC DEFENDERS amount to the Attorney General under sub- or recovered from, an individual under this ‘‘SEC. 3001. GRANT AUTHORIZATION. paragraph (B) and fails to repay such subsection shall be credited to the appropria- ‘‘(a) PURPOSE.—The purpose of this section amount, a sum equal to that amount shall be tion account from which the amount in- is to encourage qualified individuals to enter recoverable by the Federal Government from volved was originally paid. and continue employment as prosecutors and the employee (or such employee’s estate, if ‘‘(B) MERGER.—Any amount credited under public defenders. applicable) by such methods as are provided subparagraph (A) shall be merged with other ‘‘(b) DEFINITIONS.—In this section: by law for the recovery of amounts owed to sums in such account and shall be available ‘‘(1) PROSECUTOR.—The term ‘prosecutor’ the Federal Government; for the same purposes and period, and sub- means a full-time employee of a State or ‘‘(D) the Attorney General may waive, in ject to the same limitations, if any, as the local agency who— whole or in part, a right of recovery under sums with which the amount was merged. ‘‘(A) is continually licensed to practice this subsection if it is shown that recovery ‘‘(3) LIMITATIONS.— law; and would be against equity and good conscience ‘‘(A) STUDENT LOAN PAYMENT AMOUNT.— ‘‘(B) prosecutes criminal or juvenile delin- or against the public interest; and Student loan repayments made by the Sec- quency cases at the State or local level (in- ‘‘(E) the Attorney General shall make stu- retary under this section shall be made sub- cluding supervision, education, or training of dent loan payments under this section for ject to such terms, limitations, or conditions other persons prosecuting such cases). the period of the agreement, subject to the as may be mutually agreed upon by the bor- ‘‘(2) PUBLIC DEFENDER.—The term ‘public availability of appropriations. rower and the Secretary in an agreement defender’ means an attorney who— ‘‘(2) REPAYMENTS.— under paragraph (1), except that the amount ‘‘(A) is continually licensed to practice ‘‘(A) IN GENERAL.—Any amount repaid by, paid by the Secretary under this section law; and or recovered from, an individual or the es- shall not exceed— ‘‘(B) is— tate of an individual under this subsection

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.081 S29JYPT1 erowe on PRODPC61 with SENATE S7702 CONGRESSIONAL RECORD — SENATE July 29, 2008 shall be credited to the appropriation ac- spect to energy commodities, and for ‘‘(B) not more than 200 nautical miles from count from which the amount involved was other purposes; which was ordered to the geographic center of any leased tract. originally paid. lie on the table; as follows: ‘‘(2) EASTERN GULF PRODUCING STATE.—The ‘‘(B) MERGER.—Any amount credited under term ‘Eastern Gulf producing State’ means At the end, add the following: subparagraph (A) shall be merged with other each of the States of Alabama, Florida, Lou- sums in such account and shall be available SEC. 17. MORATORIUM OF OIL AND GAS LEASING isiana, Mississippi, and Texas. IN CERTAIN AREAS OF GULF OF for the same purposes and period, and sub- MEXICO. ‘‘(3) MORATORIUM AREA.—The term ‘mora- ject to the same limitations, if any, as the (a) IN GENERAL.—Section 104(a) of the Gulf torium area’ means an area covered by sec- sums with which the amount was merged. of Mexico Energy Security Act of 2006 (43 tion 104(a) of the Gulf of Mexico Energy Se- ‘‘(3) LIMITATIONS.— U.S.C. 1331 note; Public Law 109–432) is curity Act of 2006 (43 U.S.C. 1331 note; Public ‘‘(A) STUDENT LOAN PAYMENT AMOUNT.— amended— Law 109–432) (as in effect on the day before Student loan repayments made by the Attor- (1) by striking paragraph (1); the date of enactment of this section). ney General under this section shall be made (2) in paragraph (2), by striking ‘‘125 miles’’ ‘‘(4) NEW PRODUCING AREA.—The term ‘new subject to such terms, limitations, or condi- and inserting ‘‘50 miles’’; producing area’ means any moratorium area tions as may be mutually agreed upon by the (3) in paragraph (3), by striking ‘‘100 miles’’ beyond the submerged land of a State that is borrower and the Attorney General in an each place it appears and inserting ‘‘50 located greater than 50 miles from the coast- agreement under paragraph (1), except that miles’’; and line of the State of Florida. the amount paid by the Attorney General (4) by redesignating paragraphs (2) and (3) ‘‘(5) QUALIFIED OUTER CONTINENTAL SHELF under this section shall not exceed— as paragraphs (1) and (2), respectively. REVENUES.—The term ‘qualified outer Conti- ‘‘(i) $10,000 for any borrower in any cal- (b) REGULATIONS.— nental Shelf revenues’ means all rentals, endar year; or (1) IN GENERAL.—The Secretary of the Inte- royalties, bonus bids, and other sums due ‘‘(ii) an aggregate total of $60,000 in the rior shall promulgate regulations that estab- and payable to the United States from leases case of any borrower. lish appropriate environmental safeguards entered into on or after the date of enact- ‘‘(B) BEGINNING OF PAYMENTS.—Nothing in for the exploration and production of oil and ment of this section for new producing areas. this section shall authorize the Attorney natural gas on the outer Continental Shelf. ‘‘(b) PETITION FOR LEASING NEW PRODUCING General to pay any amount to reimburse a (2) MINIMUM REQUIREMENTS.—At a min- AREAS.— borrower for any repayments made by such imum, the regulations shall include— ‘‘(1) IN GENERAL.—Beginning on the effec- borrower prior to the date on which the At- (A) provisions requiring surety bonds of tive date of the regulations promulgated pur- torney General entered into an agreement sufficient value to ensure the mitigation of suant to section 17(b) of the Stop Excessive with the borrower under this subsection. any foreseeable incident; Energy Speculation Act of 2008, the Governor ‘‘(e) ADDITIONAL AGREEMENTS.— (B) provisions assigning liability to the of a State, with the concurrence of the legis- ‘‘(1) IN GENERAL.—On completion of the re- leaseholder in the event of an incident caus- lature of the State, with a new producing quired period of service under an agreement ing damage or loss, regardless of the neg- area within the offshore administrative under subsection (d), the borrower and the ligence of the leaseholder or lack of neg- boundaries beyond the submerged land of the Attorney General may, subject to paragraph ligence; State may submit to the Secretary a peti- (2), enter into an additional agreement in ac- (C) provisions no less stringent than those tion requesting that the Secretary make the cordance with subsection (d). contained in the Spill Prevention, Control, new producing area available for oil and gas ‘‘(2) TERM.—An agreement entered into and Countermeasure regulations promul- leasing. under paragraph (1) may require the bor- gated under the Oil Pollution Act of 1990 (33 ‘‘(2) ACTION BY SECRETARY.—Notwith- rower to remain employed as a prosecutor or U.S.C. 2701 et seq.); standing section 18, as soon as practicable public defender for less than 3 years. (D) provisions ensuring that— after receipt of a petition under paragraph ‘‘(f) AWARD BASIS; PRIORITY.— (i) no facility for the exploration or pro- (1), the Secretary shall approve the petition ‘‘(1) AWARD BASIS.—Subject to paragraph duction of resources is visible to the unas- if the Secretary determines that leasing the (2), the Attorney General shall provide re- sisted eye from any shore of any coastal new producing area would not create an un- payment benefits under this section— State; and reasonable risk of harm to the marine, ‘‘(A) giving priority to borrowers who have (ii) the impact of offshore production fa- human, or coastal environment. the least ability to repay their loans, except cilities on coastal vistas is otherwise miti- ‘‘(c) DISPOSITION OF QUALIFIED OUTER CON- that the Attorney General shall determine a gated; TINENTAL SHELF REVENUES FROM NEW PRO- fair allocation of repayment benefits among (E) provisions to ensure, to the maximum DUCING AREAS.— prosecutors and public defenders, and among extent practicable, that exploration and pro- ‘‘(1) IN GENERAL.—Notwithstanding section employing entities nationwide; and duction activities will result in no signifi- 9 and subject to the other provisions of this ‘‘(B) subject to the availability of appro- cant adverse effect on fish or wildlife (in- subsection, for each applicable fiscal year, priations. cluding habitat), subsistence resources, or the Secretary of the Treasury shall deposit— ‘‘(2) PRIORITY.—The Attorney General shall the environment; and ‘‘(A) 50 percent of qualified outer Conti- give priority in providing repayment bene- (F) provisions that will impose seasonal nental Shelf revenues in the general fund of fits under this section in any fiscal year to a limitations on activity to protect breeding, the Treasury; and borrower who— spawning, and wildlife migration patterns. ‘‘(B) 50 percent of qualified outer Conti- ‘‘(A) received repayment benefits under (c) CONFORMING AMENDMENT.—Section 105 nental Shelf revenues in a special account in this section during the preceding fiscal year; of the Department of the Interior, Environ- the Treasury from which the Secretary shall and ment, and Related Agencies Appropriations disburse— ‘‘(B) has completed less than 3 years of the Act, 2006 (Public Law 109–54; 119 Stat. 521) (as ‘‘(i) 75 percent to Eastern Gulf producing first required period of service specified for amended by section 103(d) of the Gulf of Mex- States in accordance with paragraph (2); and the borrower in an agreement entered into ico Energy Security Act of 2006 (43 U.S.C. ‘‘(ii) 25 percent to provide financial assist- 1331 note; Public Law 109–432)) is amended by under subsection (d). ance to States in accordance with section 6 inserting ‘‘and any other area that the Sec- ‘‘(g) REGULATIONS.—The Attorney General of the Land and Water Conservation Fund retary of the Interior may offer for leasing, is authorized to issue such regulations as Act of 1965 (16 U.S.C. 460l –8), which shall be preleasing, or any related activity under sec- may be necessary to carry out the provisions considered income to the Land and Water tion 104 of that Act’’ after ‘‘2006)’’. of this section. Conservation Fund for purposes of section 2 ‘‘(h) STUDY.—Not later than 1 year after SEC. 18. DISPOSITION OF REVENUES FROM NEW of that Act (16 U.S.C. 460l–5). the date of enactment of this section, the PRODUCING AREAS OF THE EAST- ‘‘(2) ALLOCATION TO EASTERN GULF PRO- Government Accountability Office shall ERN GULF OF MEXICO. DUCING STATES AND COASTAL POLITICAL SUB- study and report to Congress on the impact The Outer Continental Shelf Lands Act (43 DIVISIONS.— of law school accreditation requirements and U.S.C. 1331 et seq.) is amended by adding at ‘‘(A) ALLOCATION TO EASTERN GULF PRO- other factors on law school costs and access, the end the following: ‘‘SEC. 32. DISPOSITION OF REVENUES FROM NEW DUCING STATES.—Effective for fiscal year 2009 including the impact of such requirements and each fiscal year thereafter, the amount on racial and ethnic minorities. PRODUCING AREAS OF THE EAST- ERN GULF OF MEXICO. made available under paragraph (1)(B)(i) ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) DEFINITIONS.—In this section: shall be allocated to each Eastern Gulf pro- There are authorized to be appropriated to ‘‘(1) COASTAL POLITICAL SUBDIVISION.—The ducing State in amounts (based on a formula carry out this section $25,000,000 for fiscal term ‘coastal political subdivision’ means a established by the Secretary by regulation) year 2008 and such sums as may be necessary political subdivision of an Eastern Gulf pro- that are inversely proportional to the respec- for each succeeding fiscal year.’’. ducing State any part of which political sub- tive distances between the point on the Mr. CRAIG submitted an division is— coastline of each Eastern Gulf producing SA 5251. ‘‘(A) within the coastal zone (as defined in State that is closest to the geographic center amendment intended to be proposed by section 304 of the Coastal Zone Management of the applicable leased tract and the geo- him to the bill S. 3268, to amend the Act of 1972 (16 U.S.C. 1453)) of the Eastern graphic center of the leased tract. Commodity Exchange Act, to prevent Gulf producing State as of the date of enact- ‘‘(B) PAYMENTS TO COASTAL POLITICAL SUB- excessive price speculation with re- ment of this section; and DIVISIONS.—

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‘‘(i) IN GENERAL.—The Secretary shall pay (4) by redesignating paragraphs (2) and (3) (B) the design of tooling and equipment 20 percent of the allocable share of each as paragraphs (1) and (2), respectively. and the development of manufacturing proc- Eastern Gulf producing State, as determined (b) REGULATIONS.— esses and material for suppliers of produc- under subparagraph (A), to the coastal polit- (1) IN GENERAL.—The Secretary of the Inte- tion facilities that produce qualifying com- ical subdivisions of the Eastern Gulf pro- rior shall promulgate regulations that estab- ponents or advanced batteries. ducing State. lish appropriate environmental safeguards (3) SECRETARY.—The term ‘‘Secretary’’ ‘‘(ii) ALLOCATION.—The amount paid by the for the exploration and production of oil and means the Secretary of Energy. Secretary to coastal political subdivisions natural gas on the outer Continental Shelf. (b) ADVANCED BATTERY RESEARCH AND DE- shall be allocated to each coastal political (2) MINIMUM REQUIREMENTS.—At a min- VELOPMENT.— subdivision in accordance with subpara- imum, the regulations shall include— (1) IN GENERAL.—The Secretary shall— graphs (B) and (C) of section 31(b)(4). (A) provisions requiring surety bonds of (A) expand and accelerate research and de- ‘‘(3) MINIMUM ALLOCATION.—The amount al- sufficient value to ensure the mitigation of velopment efforts for advanced batteries; located to an Eastern Gulf producing State any foreseeable incident; and each fiscal year under paragraph (2)(A) shall (B) provisions assigning liability to the (B) emphasize lower cost means of pro- be at least 10 percent of the amounts avail- leaseholder in the event of an incident caus- ducing abuse-tolerant advanced batteries able under paragraph (1)(B)(i). ing damage or loss, regardless of the neg- with the appropriate balance of power and ‘‘(4) TIMING.—The amounts required to be ligence of the leaseholder or lack of neg- energy capacity to meet market require- deposited under subparagraph (B) of para- ligence; ments. graph (1) for the applicable fiscal year shall (C) provisions no less stringent than those (2) AUTHORIZATION OF APPROPRIATIONS.— be made available in accordance with that contained in the Spill Prevention, Control, There is authorized to be appropriated to subparagraph during the fiscal year imme- and Countermeasure regulations promul- carry out this subsection $100,000,000 for each diately following the applicable fiscal year. gated under the Oil Pollution Act of 1990 (33 of fiscal years 2010 through 2014. (c) DIRECT LOAN PROGRAM.— ‘‘(5) AUTHORIZED USES.— U.S.C. 2701 et seq.); (1) IN GENERAL.—Subject to the avail- ‘‘(A) IN GENERAL.—Subject to subparagraph (D) provisions ensuring that— ability of appropriated funds, not later than (B), each Eastern Gulf producing State and (i) no facility for the exploration or pro- 1 year after the date of enactment of this coastal political subdivision shall use all duction of resources is visible to the unas- Act, the Secretary shall carry out a program amounts received under paragraph (2) in ac- sisted eye from any shore of any coastal to provide a total of not more than cordance with all applicable Federal and State; and $250,000,000 in loans to eligible individuals State laws, only for 1 or more of the fol- (ii) the impact of offshore production fa- and entities for not more than 30 percent of lowing purposes: cilities on coastal vistas is otherwise miti- the costs of 1 or more of— gated; ‘‘(i) Projects and activities for the purposes (A) reequipping a manufacturing facility in (E) provisions to ensure, to the maximum of coastal protection, including conserva- the United States to produce advanced bat- tion, coastal restoration, hurricane protec- extent practicable, that exploration and pro- teries; tion, and infrastructure directly affected by duction activities will result in no signifi- (B) expanding a manufacturing facility in coastal wetland losses. cant adverse effect on fish or wildlife (in- the United States to produce advanced bat- ‘‘(ii) Mitigation of damage to fish, wildlife, cluding habitat), subsistence resources, or teries; or or natural resources. the environment; and (C) establishing a manufacturing facility ‘‘(iii) Implementation of a federally ap- (F) provisions that will impose seasonal in the United States to produce advanced proved marine, coastal, or comprehensive limitations on activity to protect breeding, batteries. conservation management plan. spawning, and wildlife migration patterns. (2) ELIGIBILITY.— (c) CONFORMING AMENDMENT.—Section 105 ‘‘(iv) Mitigation of the impact of outer (A) IN GENERAL.—To be eligible to obtain a Continental Shelf activities through the of the Department of the Interior, Environ- loan under this subsection, an individual or funding of onshore infrastructure projects. ment, and Related Agencies Appropriations entity shall— ‘‘(v) Planning assistance and the adminis- Act, 2006 (Public Law 109–54; 119 Stat. 521) (as (i) be financially viable without the receipt trative costs of complying with this section. amended by section 103(d) of the Gulf of Mex- of additional Federal funding associated ‘‘(B) LIMITATION.—Not more than 3 percent ico Energy Security Act of 2006 (43 U.S.C. with a proposed project under this sub- of amounts received by an Eastern Gulf pro- 1331 note; Public Law 109–432)) is amended by section; ducing State or coastal political subdivision inserting ‘‘and any other area that the Sec- (ii) provide sufficient information to the under paragraph (2) may be used for the pur- retary of the Interior may offer for leasing, Secretary for the Secretary to ensure that poses described in subparagraph (A)(v). preleasing, or any related activity under sec- the qualified investment is expended effi- ‘‘(6) ADMINISTRATION.—Amounts made tion 104 of that Act’’ after ‘‘2006)’’. ciently and effectively; and available under paragraph (1)(B) shall— (iii) meet such other criteria as may be es- ‘‘(A) be made available, without further ap- SA 5253. Mr. ALLARD submitted an tablished and published by the Secretary. propriation, in accordance with this sub- amendment intended to be proposed by (B) CONSIDERATION.—In selecting eligible section; him to the bill S. 3268, to amend the individuals or entities for loans under this ‘‘(B) remain available until expended; and Commodity Exchange Act, to prevent subsection, the Secretary may consider ‘‘(C) be in addition to any amounts appro- excessive price speculation with re- whether the proposed project of an eligible priated under— spect to energy commodities, and for individual or entity under this subsection ‘‘(i) other provisions of this Act; would— ‘‘(ii) the Land and Water Conservation other purposes; which was ordered to lie on the table; as follows: (i) reduce manufacturing time; Fund Act of 1965 (16 U.S.C. 460l–4 et seq.); or (ii) reduce manufacturing energy inten- ‘‘(iii) any other provision of law.’’. At the end, add the following: sity; SEC. ll. DOMESTIC PRODUCTION. (iii) reduce negative environmental im- SA 5252. Mr. CRAIG submitted an (a) REPEAL.—Section 433 of the Depart- pacts or byproducts; or amendment intended to be proposed by ment of the Interior, Environment, and Re- (iv) increase spent battery or component him to the bill S. 3268, to amend the lated Agencies Appropriations Act, 2008 recycling Commodity Exchange Act, to prevent (Public Law 110–161; 121 Stat. 2152) is re- (3) RATES, TERMS, AND REPAYMENT OF excessive price speculation with re- pealed. LOANS.—A loan provided under this sub- spect to energy commodities, and for (b) COMMENCEMENT OF COMMERCIAL LEAS- section— ING.—Section 369(e) of the Energy Policy Act (A) shall have an interest rate that, as of other purposes; which was ordered to of 2005 (42 U.S.C. 15927(e)) is amended in the the date on which the loan is made, is equal lie on the table; as follows: second sentence by inserting ‘‘, not earlier to the cost of funds to the Department of the At the appropriate place, insert the fol- than December 31, 2011,’’ before ‘‘conduct’’. Treasury for obligations of comparable ma- lowing: SEC. ll. ADVANCED BATTERIES FOR ELECTRIC turity; SEC. ll. MORATORIUM OF OIL AND GAS LEAS- DRIVE VEHICLES. (B) shall have a term that is equal to the ING IN CERTAIN AREAS OF GULF OF (a) DEFINITIONS.—In this section: lesser of— MEXICO. (1) ADVANCED BATTERY.—The term ‘‘ad- (i) the projected life, in years, of the eligi- (a) IN GENERAL.—Section 104(a) of the Gulf vanced battery’’ means an electrical storage ble project to be carried out using funds from of Mexico Energy Security Act of 2006 (43 device that is suitable for a vehicle applica- the loan, as determined by the Secretary; or U.S.C. 1331 note; Public Law 109–432) is tion. (ii) 25 years; and amended— (2) ENGINEERING INTEGRATION COSTS.—The (C) may be subject to a deferral in repay- (1) by striking paragraph (1); term ‘‘engineering integration costs’’ in- ment for not more than 5 years after the (2) in paragraph (2), by striking ‘‘125 miles’’ cludes the cost of engineering tasks relating date on which the eligible project carried out and inserting ‘‘50 miles’’; to— using funds from the loan first begins oper- (3) in paragraph (3), by striking ‘‘100 miles’’ (A) the incorporation of qualifying compo- ations, as determined by the Secretary. each place it appears and inserting ‘‘50 nents into the design of an advanced battery; (4) PERIOD OF AVAILABILITY.—A loan under miles’’; and and this subsection shall be available for—

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.066 S29JYPT1 erowe on PRODPC61 with SENATE S7704 CONGRESSIONAL RECORD — SENATE July 29, 2008 (A) facilities and equipment placed in serv- mittee on Health, Education, Labor, Finance Committee staff be allowed ice before December 30, 2020; and and Pensions be authorized to meet, floor privileges: Eric Taylor, Damian (B) engineering integration costs incurred during the session of the Senate, to Kudelka, Helia Jazayeri, Mollie Lane, during the period beginning on the date of conduct a hearing entitled ‘‘Dangerous Adam Lythgoe, Ashleen Williams, enactment of this Act and ending on Decem- ber 30, 2020. Dust: Is OSHA Doing Enough to Pro- Susan Hinck, Kevin Olp, Lucan Ham- (5) FEES.—The cost of administering a loan tect Workers?’’ on Tuesday, July 29, ilton, Katie Meyer, Matt Smith, Connie made under this subsection shall not exceed 2008. The hearing will commence at 10 Cookson, Hy Hinojosa, Mary Baker, $100,000. a.m. in room 430 of the Dirksen Senate and Bridget Mallon. (6) AUTHORIZATION OF APPROPRIATIONS.— Office Building. The ACTING PRESIDENT pro tem- There are authorized to be appropriated such The PRESIDING OFFICER. Without pore. Without objection, it is so or- sums as are necessary to carry out this sub- objection, it is so ordered. dered. section for each of fiscal years 2009 through COMMITTEE ON THE JUDICIARY Mr. GRASSLEY. I ask unanimous 2013. consent that Paraskevi Maddox, (d) SENSE OF THE SENATE ON PURCHASE OF Mr. BAUCUS. Mr. President, I ask Lyndsey Arnold, and Cale Kassel be PLUG-IN ELECTRIC DRIVE VEHICLES.—It is the unanimous consent that the Senate sense of the Senate that, to the maximum Committee on the Judiciary be author- granted the privilege of the floor dur- extent practicable, the Federal Government ized to meet during the session of the ing the duration of the 110th Congress. The PRESIDING OFFICER. Without should implement policies to increase the Senate, to conduct a hearing entitled purchase of plug-in electric drive vehicles by objection, it is so ordered. the Federal Government. ‘‘Music and Radio in the 21st Century: Assuring Fair Rates and Rules Across f f Platforms’’ on Tuesday, July 29, 2008, ORDERS FOR WEDNESDAY, JULY AUTHORITY FOR COMMITTEES TO at 10 a.m., in room SD–226 of the Dirk- 30, 2008 MEET sen Senate Office Building. Mr. SALAZAR. Mr. President, I ask COMMITTEE ON ARMED SERVICES The PRESIDING OFFICER. Without unanimous consent that when the Sen- Mr. BAUCUS. Mr. President, I ask objection, it is so ordered. ate completes its business today, it unanimous consent that the committee SELECT COMMITTEE ON INTELLIGENCE stand adjourned until 10 a.m. tomor- on Armed Services be authorized to Mr. BAUCUS. Mr. President, I ask row, July 30; that following the prayer meet during the session of the Senate unanimous consent that the Select and pledge, the Journal of proceedings on Tuesday July 29, 2008, at 5:30 p.m.. Committee on Intelligence be author- be approved to date, the morning hour The PRESIDING OFFICER. Without ized to meet during the session of the be deemed expired, the time for the two objection, it is so ordered. Senate on July 29, 2008, at 2:30 p.m. leaders be reserved for their use later COMMITTEE ON BANKING, HOUSING, AND URBAN The PRESIDING OFFICER. Without in the day, and the Senate then resume AFFAIRS objection, it is so ordered. consideration of the motion to proceed Mr. BAUCUS. Mr. President, I ask SUBCOMMITTEE ON CLEAN AIR AND NUCLEAR to S. 2035, the media shield legislation. unanimous consent that the Com- SAFETY I further ask that the hour prior to the mittee on Banking, Housing, and Mr. BAUCUS. Mr. President, I ask cloture vote be equally divided and Urban Affairs be authorized to meet unanimous consent that the Sub- controlled by the two leaders or their during the session of the Senate on committee on Clean Air and Nuclear designees, with Senators permitted to July 29, 2008 at 10 a.m., to conduct a Safety, Committee on Environment speak for up to 10 minutes each, with committee hearing entitled ‘‘State of and Public Works, be authorized to the final 20 minutes under the control the Insurance Industry: Examining the meet during the session of the Senate of the two leaders, with the majority Current Regulatory and Oversight on Tuesday, July 29, 2008 in room 406 of leader controlling the final 10 minutes Structure.’’ The PRESIDING OFFICER. Without the Dirksen Senate Office Building at prior to the vote and with 10 minutes objection, it is so ordered. 10 a.m. to hold a hearing entitled, of majority time under the control of ‘‘EPA’s Clean Air Interstate Rule Senator LEAHY; that upon the use or COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION (CAIR): Recent Court Decision and Its yielding back of time, the Senate pro- Mr. BAUCUS. Mr. President, I ask Implications.’’ ceed to vote on the motion to invoke unanimous consent that the Com- The PRESIDING OFFICER. Without cloture on the motion to proceed. mittee on Commerce, Science, and objection, it is so ordered. The PRESIDING OFFICER. Without Transportation be authorized to meet PERMANENT SUBCOMMITTEE ON INVESTIGATIONS objection, it is so ordered. during the session of the Senate on Mr. BAUCUS. Mr. President, I ask f Tuesday, July 29,2008, at 10:30 a.m., in unanimous consent that the Perma- PROGRAM nent Subcommittee on Investigations room 253 of the Russell Senate Office Mr. SALAZAR. Mr. President, Sen- of the Committee on Homeland Secu- Building. ators should expect the first vote of the The PRESIDING OFFICER. Without rity and Governmental Affairs be au- day to begin tomorrow around 11 a.m. objection, it is so ordered. thorized to meet during the session of That vote will be on the motion to pro- the Senate on Tuesday, July 29, at 9:30 COMMITTEE ON FINANCE ceed to the media shield bill. If cloture a.m., to conduct a hearing entitled, Mr. BAUCUS. Mr. President, I ask is not invoked, Senators should be pre- ‘‘Payroll Tax Abuse: Businesses Owe unanimous consent that the Com- pared for a cloture vote on the motion Billions and What Needs To Be Done mittee on Finance be authorized to to proceed to the tax extenders bill, S. About It.’’ meet during the session of the Senate 3335. on Tuesday, July 29, 2008, at 10 a.m., in The PRESIDING OFFICER. Without 215 Dirksen Senate Office Building. objection, it is so ordered. f The PRESIDING OFFICER. Without f ORDER FOR ADJOURNMENT objection, it is so ordered. PRIVILEGES OF THE FLOOR Mr. SALAZAR. If there is no further COMMITTEE ON FOREIGN RELATIONS business to come before the Senate, I Mr. BAUCUS. Mr. President, I ask Mr. NELSON of Florida. Mr. Presi- ask unanimous consent that it stand unanimous consent that the Com- dent, I ask unanimous consent that adjourned under the previous order, mittee on Foreign Relations be author- Catherine Zebrowski, a fellow in Sen- following the remarks of Senator ator BROWN’s office, be granted the ized to meet during the session of the ARLEN SPECTER. Senate on Tuesday, July 29, 2008, at 2:15 privilege of the floor during consider- The PRESIDING OFFICER. Without p.m. ation of S. 3335, the Jobs, Energy, Fam- objection, it is so ordered. The PRESIDING OFFICER. Without ilies, and Disaster Relief Act of 2008. The Senator from Pennsylvania. objection, it is so ordered. The ACTING PRESIDENT pro tem- f COMMITTEE ON HEALTH EDUCATION, LABOR, AND pore. Without objection, it is so or- PENSIONS dered. FREE FLOW OF INFORMATION ACT Mr. BAUCUS. Mr. President, I ask Mr. BAUCUS. Mr. President, I ask Mr. SPECTER. Mr. President, I have unanimous consent that the Com- unanimous consent that the following sought recognition to speak on the

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A29JY6.067 S29JYPT1 erowe on PRODPC61 with SENATE July 29, 2008 CONGRESSIONAL RECORD — SENATE S7705 Free Flow of Information Act, which is subpoenaed numerous witnesses and where no other Senator can offer an the reporters’ privilege legislation. At conducted a very high profile publicity amendment. the outset, I thank the cosponsors, investigation. Ultimately, Judith Mil- What has happened on global warm- Senators SCHUMER, LUGAR, DODD, and ler spent 85 days in jail under very un- ing, for example, where I came to the GRAHAM. I especially thank Senator pleasant circumstances. I can person- floor and outlined four amendments LUGAR for his contribution to this leg- ally attest to the conditions because which I intended to offer on a very im- islation, because he was the first to Michael O’Neal, my chief counsel when portant bill, I was precluded from offer- take a stand for this issue some time I chaired the Judiciary Committee, and ing them, because the Senate majority ago. I visited her in the Virginia prison leader had taken action to put this pro- This legislation is very important to where she was detained. The legislation cedure in effect on so-called filling the maintain the flow of information to which we are proposing is necessary to tree. The FAA bill came up, which had the American people from the news- maintain the flow of information. funding for a new satellite system for papers and radio and television sta- I think it is vital to emphasize that air safety. I had amendments to offer, tions. It is necessary because we have this legislation benefits the American very important for my State, on over- seen in recent times a flurry of sub- people, allowing them access to the flights from the Philadelphia Inter- poenas being issued to reporters to dis- news and information that results from national Airport and for scheduling close their confidential sources. A re- investigative reporting. Investigative issues, where the airport was over- porter’s source of information depends reporting has done so much for the scheduled, leading to long delays; peo- upon their being able to fulfill a com- public welfare in disclosing fraud, cor- ple, myself included, sitting on the mitment of confidentiality. It is unnec- ruption, misfeasance, and wrongdoing tarmac waiting to take off. essary to recite the long history of the at all levels of the Government, as well The tearing that I undertake is a re- investigative reporting which has pro- as at all levels of private, corporate, sult, for those who see me wiping my vided so much good to the American and public life. eyes, not for any sorrow about what I people or, for that matter, the people This issue and the vote which is im- am doing but a consequence of having of the world. We have had reporters fer- minent pose a problem for this Senator Hodgkin’s. It makes a fellow pale and ret out corruption in government, mis- because of the practice which has thin. Tough but tolerable, as I put it, and I have been able to stay on the job. feasance, and wrongdoing. Senators evolved to preclude amendments from But if anybody is watching on C–SPAN turn the first part of every day to the being offered. We are only facing to- 2, which is highly doubtful, they may newspapers to see what is occurring in morrow the motion for cloture on the wonder why I am tearing. I am not cry- the world. Frequently in the mix of the motion to proceed. I do think we ought ing. I am tearing because of the impact news, there are investigative reports to proceed to this bill. It is my hope of all of the chemicals from the treat- which tell Senators more than even our that the majority leader will not act to ment of Hodgkin’s. staffs know. I believe Thomas Jefferson preclude other Senators from offering At any rate, I was commenting about put it best in the founding days of the amendments. This is a subject I have the Philadelphia airport. This affects Republic, when he said that if he had addressed at considerable length on the the State of New Jersey. The Presiding to choose newspapers without govern- global warming bill. I have talked Officer is a Senator from the State of ment or government without news- about it on the FAA bill. I have dis- New Jersey. You sit on the tarmac at papers, he would choose newspapers cussed it with the oil speculators bill. the Philadelphia airport for a long without government. It is a matter of great concern as to time because they are overbooked. It is This legislation passed the Senate what has happened to the operation of like a restaurant that has 100 seats and Judiciary Committee by the decisive the Senate. they put in 150 patrons. Well, you can’t vote of 15 to 4. A version passed the When I came to this world’s greatest get your table on a reservation. You House of Representatives by an over- deliberative body some 28 years ago, have a flight leaving at 7 a.m. You wait whelming margin of 398 to 21. It is the tradition of the Senate had been until many other planes have left. Or worth noting that both of the presump- maintained that any Senator could when you land, the airport is over- tive candidates for President are sup- offer virtually any amendment on any booked, and it is not a very pleasant portive of this legislation. Senator bill at any time. That was the great sensation to circle the city of Philadel- OBAMA is a cosponsor, and Senator unique quality of the Senate and the phia for a long period of time in the fog MCCAIN has publicly confirmed that he ability of any Senator to offer an and in the rain, wondering how good would vote for this legislation. A group amendment to call public attention to those air controllers are. They are of some 40 sitting State attorneys gen- an important issue, to have the floor of pretty good, but it is something you eral, including both Democrats and Re- the Senate to publicize the issue and to wonder about in any event. publicans, have written in support of move for the enactment of legislation. We weren’t able to offer amendments this legislation. More than 100 news- But what has happened, surprisingly on the FAA bill. We haven’t been able papers from all parts of the country only in the last 15 years—and it has to offer amendments on the oil specu- have endorsed this legislation, includ- happened by majority leaders of both lators bill. The headlines in the news- ing the Washington Post, the Wash- parties—is that a procedure has been papers over the weekend were: Repub- ington Times, the New York Times, adopted on what is called filling the licans block oil speculators bill. They and the Philadelphia Inquirer. I will tree. That is an arcane expression, recited the Senators from the Philadel- make a part of the RECORD a full list of known only inside the Beltway. But let phia region, and they noted that the those newspapers and public media op- me explain it. distinguished Senator who is presiding erations in support of this legislation. When a bill is on the agenda, it is the now, Senator MENENDEZ, voted in favor There have been some 72 subpoenas prerogative of the majority leader to of advancing the bill, as did Senator issued since 2006. The chilling effect call for action of the Senate. Then the LAUTENBERG, as did Senator CASEY, as has been overwhelming, in part because majority leader, under Senate practice did Senator CARPER, as did Senator of the issuance of subpoenas and con- and custom, has the right of first rec- BIDEN. Only ARLEN SPECTER voted not tempt citations. For example, the case ognition. So that the rule that the first to advance the bill. You don’t get the of Judith Miller of the New York Times Senator to ask for recognition gets the picture in a short story. You don’t get has received extensive publicity. She recognition is true, unless the majority the picture in the recitation of the vote was jailed for around 85 days for failing leader has sought recognition. On cases that I voted against cloture because to disclose the source of information of a tie, it is the majority leader. As a neither I nor any other Senator had the she had in the case involving the out- matter of practice, nobody challenges opportunity to offer amendments. So ing of CIA agent Valerie Plame. It has the majority leader’s right to first rec- that if we get to that point, I am con- always been a mystery to me why Ju- ognition. So after the bill is before the flicted as to what to do. But I don’t dith Miller was held in contempt, when Senate, the majority leader then offers think we will face that tomorrow with it was known that Deputy Secretary of an amendment. Then he offers another the motion to proceed. I am hopeful we State Armitage was the source of the amendment. Without going into all of will pass that by a very substantial information. But a special prosecutor the details, a procedure is adopted majority.

VerDate Aug 31 2005 04:08 Jul 30, 2008 Jkt 069060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\G29JY6.081 S29JYPT1 erowe on PRODPC61 with SENATE S7706 CONGRESSIONAL RECORD — SENATE July 29, 2008 There have been opponents who have tant to the functioning of the democ- quorum call and to be denied an oppor- come to the floor to debate this bill. It racy that there be a free press to report tunity to speak is not quite a denial of is important to note that as a result of to the American people what has hap- my first-amendment rights. I can go to the hearings which were held when I pened, especially on investigative re- the Radio and TV Gallery and call a was chairman, Senator KYL stated porting. You cannot have a free press if news conference or walk out and talk there have been no hearings on this bill a reporter cannot obtain information to reporters or go on the steps. But in the 110th Congress. Well, when I from a confidential source, promise having been elected to the Senate, and chaired the Judiciary Committee in confidentiality, and then deliver. And having a commission to serve here, the 109th Congress in 2005 and 2006, we you cannot have a free press if people when no one is on the floor speaking, had three hearings on the subject and such as Tony Loci and Judith Miller and there is no reason why I ought to went into the issue in some detail. Sen- are subjected to contempt citations— be denied an opportunity to speak ex- ator KYL said the Government could large fines with Tony Loci, actual im- cept for the technicality of a quorum not get information to investigate an prisonment with Judith Miller of some call, I take umbrage at it. It is just one act of terrorism. That is not so. The 85 days. indication of how we have to go back bill states specifically that it is reason- So this bill is long past due. I am to the—well, you might call them the ably likely to stop, prevent, or miti- glad to see it brought to the floor. I am old days. Maybe they were good old gate any, or identify the perpetrator of hopeful the majority leader will not days, where the Senate functioned with an act of international terrorism or do- pursue a course of filling the tree to every Senator being able to offer mestic terrorism, there will be no preclude amendments. I am hopeful we amendments. shield. can return to the day when the Senate A critical part of the functioning of Those who have raised objections to regains its luster as the world’s great- our Government, I suggest, is the abil- ity of the free press to function and re- the bill have been taken into account. est deliberative body, which means porters to get confidential informa- The bill has been substantially im- that any 1 of the other 99 Senators can tion, to be able to promise confiden- proved. offer amendments, and that it is not tiality and to be able to deliver with- For example, the bill now explicitly just the one Senator, the senior Sen- out being fearful of being held in con- states that sensitive governmental in- ator from Nevada, who has the position formation will not be disclosed in open tempt of court and being put in jail. of majority leader, who can, in effect, Mr. President, before yielding the court. The provisions have always been dictate what happens in the Senate. subjected to the Classified Information floor, I ask unanimous consent that Yesterday, we had a heated exchange the full text of a substitute be printed Protection Act. It had always been on the floor. When we finished voting available to prosecutors. But when the in the RECORD, which contains the on the cloture motion, the majority modifications referred to in the course concern was raised, we put in the spe- leader refused to allow a quorum call cific provision that a ‘‘Federal court of my oral statement. to be taken off. If anyone may be There being no objection, the mate- may receive and consider submissions watching on C–SPAN, a quorum call is from the parties in camera or under rial was ordered to be printed in the when there is the absence of a quorum. RECORD, as follows: seal, and where the court determines There are frequent quorum calls when appropriate, ex parte’’ in order to pro- Strike all after the enacting clause and in- no one seeks recognition. But it is a sert the following: tect sensitive information. relatively infrequent occurrence that SECTION 1. SHORT TITLE. The bill further provides that the def- there is quorum. A quorum means 51 or This Act may be cited as the ‘‘Free Flow of inition of a covered person has been more Senators. Right now, we are 50 Information Act of 2008’’. narrowed to ensure it protects only le- Senators short of a quorum. Most of SEC. 2. COMPELLED DISCLOSURE FROM COV- gitimate journalists. The definition of ERED PERSONS. the time, you only have a few Senators the Second Circuit has been adopted. (a) CONDITIONS FOR COMPELLED DISCLO- on the floor who may be speaking— That definition has worked very well. SURE.—In any proceeding or in connection It requires that the individual have the three or four. When there are votes, with any issue arising under Federal law, a intent to distribute the information to there are many Senators on the floor. Federal entity may not compel a covered But it is a relatively rare occurrence person to comply with a subpoena, court the public and that he or she had such that a quorum is present. So if some- order, or other compulsory legal process intent at the time that he or she gath- one suggests there is an absence of a seeking to compel the production of pro- ered the information. tected information, unless a Federal court in The provision also provides that even quorum, there is a quorum call. And a the jurisdiction in which the subpoena, court if terrorists pose as journalists, they do quorum call cannot be taken off except order, or other compulsory legal process has not qualify for the act’s protections. by unanimous consent or to have a live been or would be issued determines, by a pre- The modifications create an expedited quorum or to have a motion for the at- ponderance of the evidence, after providing appeals process, ensuring that litiga- tendance of absent Senators. notice and an opportunity to be heard to such covered person— tion regarding whether the privilege But, invariably, when there is a quorum call and someone asks unani- (1) that the party seeking to compel pro- applies will be quickly resolved. duction of such protected information has This is motivated by the case involv- mous consent—or virtually invari- ably—it is granted unless somebody exhausted all reasonably known alternative ing USA Today reporter, Tony Loci, sources of the protected information; and who was held in contempt of court and wants to hold up an action on some- (2) that— fined $5,000 a day. The judge entered an thing that is pending. But I have not (A) in a criminal investigation or prosecu- order that her employer or friends and seen, in my tenure in the Senate, a de- tion— relatives could not pay it. Fortunately nial of an application to eliminate the (i) there are reasonable grounds to believe, for Tony Loci, that case was settled so quorum call so speeches can be made. based on information obtained from a source the contempt citation did not stand. I and other Senators were waiting for other than the covered person, that a crime has occurred; Numerous journalists across the more than an hour. And in conjunction with what the majority leader has done (ii) there are reasonable grounds to be- country have seen what happened to lieve, based on information obtained from a Tony Loci and Judith Miller. It has on filling the tree in denying 99 other source other than the covered person, that had a very chilling effect on their ac- Senators—mostly minority Senators— the protected information sought is essential tivities. People who might give sen- the right to offer amendments and re- to the investigation or prosecution or to the sitive information under the promises fusing to allow the quorum to be lifted, defense against the prosecution; and of confidentiality are reluctant to I used the word ‘‘tyrannical,’’ and I (iii) nondisclosure of the information share that information. stand by that. would be contrary to the public interest, Also, under the revisions, prosecutors This body is a great body and has taking into account both the interest in will not have to prove they have ex- earned great prestige worldwide and I compelling disclosure (including the extent think has earned the stature of the of any harm to national security) and the hausted all other options for finding public interest in gathering and dissemi- the information or the information is world’s greatest deliberative body be- nating the information or news conveyed and essential to their investigation. cause of the ability of Senators to offer maintaining the free flow of information; or So what we have, in essence, is very amendments and the ability of Sen- (B) in a matter other than a criminal in- important legislation. It is very impor- ators to speak. To be on this floor in a vestigation or prosecution—

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(ii) the interest in disclosure clearly out- from the account of a person who is known (2) EXPEDITION OF APPEALS.—It shall be the weighs the public interest in gathering and to be, or reasonably likely to be, a covered duty of a Federal court to which an appeal is disseminating the information or news con- person is sought from a communications made under this subsection to advance on veyed and maintaining the free flow of infor- service provider, sections 2 through 5 shall the docket and to expedite to the greatest mation. apply in the same manner that such sections possible extent the disposition of that ap- (b) LIMITATIONS ON DEMAND FOR PROTECTED apply to any document or information peal. INFORMATION.—A subpoena, court order, or sought from a covered person. SEC. 9. RULE OF CONSTRUCTION. other compulsory legal process seeking pro- (b) NOTICE AND OPPORTUNITY PROVIDED TO Nothing in this Act may be construed to— tected information that is compelled under COVERED PERSONS.—A Federal court may (1) preempt any State law relating to defa- subsection (a) shall, to the extent possible be compel the disclosure of a document or other mation, slander, or libel; narrowly tailored in purpose, subject matter, information described in subsection (a) only (2) modify the requirements of section 552a and period of time covered so as to avoid after the covered person from whose account of title 5, United States Code, or Federal compelling production of peripheral, non- such document or other information is laws or rules relating to grand jury secrecy essential, or speculative information. sought has been given— (except that this Act shall apply in any pro- SEC. 3. EXCEPTION RELATING TO EYEWITNESS (1) notice of the subpoena, court order, or ceeding and in connection with any issue OBSERVATION OR CRIMINAL OR other compulsory legal process for such doc- arising under that section or the Federal TORTIOUS CONDUCT BY THE COV- ument or other information from the com- laws or rules relating to grand jury secrecy); ERED PERSON. munications service provider not later than (3) preclude a plaintiff from asserting a (a) IN GENERAL.—Section 2 shall not apply the time at which such subpoena, court claim of defamation against a covered per- to any protected information obtained as the order, or other compulsory legal process is son, regardless of whether the claim is raised result of the eyewitness observations by a issued to the communications service pro- in a State or Federal court; or covered person of alleged criminal conduct vider; and (4) create new obligations, or affect or or the commission of alleged criminal or (2) an opportunity to be heard by the court. modify the authorities or obligations of a tortious conduct by the covered person, in- (c) EXCEPTION TO NOTICE REQUIREMENT.— Federal entity with respect to the acquisi- cluding any physical evidence or visual or Upon motion by a Federal entity, notice and tion or dissemination of information pursu- audio recording of the observed conduct. opportunity to be heard under subsection (b) ant to the Foreign Intelligence Surveillance (b) EXCEPTIONS.— may be delayed for not more than 45 days if Act of 1978 (50 U.S.C. 1801 et seq.). (1) IN GENERAL.—This section shall not the court determines that there is substan- apply, and section 2 shall apply, if the al- tial basis for believing that such notice SEC. 10. DEFINITIONS. leged criminal or tortious conduct is the act would pose a substantial threat to the integ- In this Act: of communicating information to a covered rity of a criminal or national security inves- (1) COMMUNICATIONS SERVICE PROVIDER.— person. tigation or intelligence gathering, or that The term ‘‘communications service pro- (2) CLASSIFIED INFORMATION.—Notwith- exigent circumstances exist. This period vider’’— standing paragraph (1), this section shall not may be extended by the court for an addi- (A) means a person that transmits infor- apply, and section 5 shall apply, if the al- tional period of not more than 45 days each mation of the customer’s choosing by elec- leged criminal or tortious conduct is an un- time the court makes such a determination. tronic means; and (B) includes a telecommunications carrier, authorized release of properly classified in- SEC. 7. SOURCES AND WORK PRODUCT PRO- formation. DUCED WITHOUT PROMISE OR an information service provider, an inter- active computer service provider, and an in- SEC. 4. EXCEPTION TO PREVENT AN ACT OF TER- AGREEMENT OF CONFIDENTIALITY. RORISM, DEATH, KIDNAPPING, SEX- Nothing in this Act shall supersede, dilute, formation content provider (as such terms UAL ABUSE OF A MINOR, OR SUB- or preempt any law or court decision regard- are defined in sections 3 or 230 of the Com- STANTIAL BODILY INJURY. ing a subpoena, court order, or other compul- munications Act of 1934 (47 U.S.C. 153 and (a) IN GENERAL.—Section 2 shall not apply sory legal process relating to disclosure by a 230)). to any protected information that a Federal covered person or communications service (2) COVERED PERSON.—The term ‘‘covered court finds is reasonably likely to stop, pre- provider of— person’’— vent, or mitigate, or identify the perpetrator (1) information identifying a source who (A) means a person who— of, an act of international terrorism or do- provided information without a promise or (i) with the primary intent to investigate mestic terrorism, as those terms are defined agreement of confidentiality made by the events and procure material in order to dis- in section 2331 of title 18, United States covered person; or seminate to the public news or information Code. (2) records or other information, or con- concerning local, national, or international (b) OTHER ACTIVITIES.—Section 2 shall not tents of a communication obtained without a events or other matters of public interest, apply to any protected information that a promise or agreement that such records, regularly gathers, prepares, collects, photo- Federal court finds is reasonably likely to other information, or contents of a commu- graphs, records, writes, edits, reports, or stop, prevent, or mitigate a specific case of— nication would be confidential. publishes on such matters by— (1) death; SEC. 8. PROCEDURES FOR REVIEW AND APPEAL. (I) conducting interviews; (2) kidnapping; (a) CONDITIONS FOR EX PARTE REVIEW OR (II) making direct observation of events; or (3) substantial bodily harm; SUBMISSIONS UNDER SEAL.—With regard to (III) collecting reviewing or analyzing (4) conduct that would violate section 2251 any determination made by a Federal court original writings, statements, communica- or section 2252 of title 18, United States Code under this Act, upon a showing of good tions, reports, memoranda, records, tran- (relating to the sexual exploitation of chil- cause, that Federal court may receive and scripts, documents, photographs, recordings, dren and child pornography); or consider submissions from the parties in tapes, materials, data or other information (5) incapacitation or destruction of critical camera or under seal, and if the court deter- whether in paper, electronic or other form; infrastructure (as defined in section 1016(e) mines it is necessary, ex parte. and of the USA PATRIOT Act (42 U.S.C. (b) CONTEMPT OF COURT.—With regard to (ii) has such intent at the inception of the 5195c(e))). any determination made by a Federal court newsgathering process; SEC. 5. EXCEPTION TO PREVENT HARM TO THE under this Act, a Federal court may find a (B) includes a supervisor, employer, parent NATIONAL SECURITY. covered person to be in civil or criminal con- company, subsidiary, or affiliate of such per- Section 2 shall not apply to any protected tempt if the covered person fails to comply son; and information, and a Federal court shall com- with an order of a Federal court compelling (C) does not include any person— pel the disclosure of such protected informa- disclosure of protected information. (i) who is a foreign power or an agent of a tion, if the court— (c) TO PROVIDE FOR TIMELY DETERMINA- foreign power, or as to whom there is prob- (1) finds that the protected information— TION.—With regard to any determination to able cause to believe that the person is a for- (A) would assist in stopping or preventing be made by a Federal court under this Act, eign power or an agent of a foreign power, as significant and articulable harm to national that Federal court, to the extent practicable, those terms are defined in section 101 of the security; or shall make that determination not later Foreign Intelligence Surveillance Act of 1978 (B) relates to an unauthorized release of than 30 days after the date of receiving a mo- (50 U.S.C. 1801); properly classified information that has tion requesting the court make that deter- (ii) who is a foreign terrorist organization caused or will cause significant and mination. designated under section 219(a) of the Immi- articulable harm to the national security; (d) EXPEDITED APPEAL PROCESS.— gration and Nationality Act (8 U.S.C. and (1) IN GENERAL.—The courts of appeal shall 1189(a)); (2) takes into account the balancing of the have jurisdiction— (iii) who is designated as a Specially Des- harm described in paragraph (1) against the (A) of appeals by a Federal entity or cov- ignated Global Terrorist by the Department public interest in gathering and dissemi- ered person of an interlocutory order of a of the Treasury under Executive Order Num- nating the information or news conveyed. Federal court under this Act; and ber 13224 (50 U.S.C. 1701 note);

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(iv) who is a specially designated terrorist, (5) PROPERLY CLASSIFIED INFORMATION.— Amend the title so as to read: ‘‘A bill to as that term is defined in section 595.311 of The term ‘‘properly classified information’’ maintain the free flow of information to the title 31, Code of Federal Regulations (or any means information or documents that have public by prescribing conditions under which successor thereto); or been classified in accordance with Executive Federal entities may compel disclosure of (v) who is a terrorist organization, as that Orders, statutes, applicable procedures, and confidential information from journalists.’’. term is defined in section 212(a)(3)(B)(vi)(II) regulations regarding classification of infor- Mr. SPECTER. I thank the Chair and of the Immigration and Nationality Act (8 mation or documents. U.S.C. 1182(a)(3)(B)(vi)(II)). yield the floor. (6) PROTECTED INFORMATION.—The term (3) DOCUMENT.—The term ‘‘document’’ ‘‘protected information’’ means— f means writings, recordings, and photo- graphs, as those terms are defined by rule (A) information identifying a source who 1001 of the Federal Rules of Evidence (28 provided information under a promise or ADJOURNMENT UNTIL 10 A.M. U.S.C. App.). agreement of confidentiality made by a cov- TOMORROW (4) FEDERAL ENTITY.—The term ‘‘Federal ered person; or (B) any records, contents of a communica- The PRESIDING OFFICER. Under entity’’ means an entity or employee of the the previous order, the Senate stands judicial or executive branch or an adminis- tion, documents, or information that a cov- trative agency of the Federal Government ered person obtained or created upon a prom- adjourned until 10 a.m. tomorrow. with the power to issue a subpoena, court ise or agreement that such records, contents Thereupon, the Senate, at 7:08 p.m., order, or issue other compulsory legal proc- of a communication, documents, or informa- adjourned until Wednesday, July 30, ess. tion would be confidential. 2008, at 10 a.m.

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