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

Vol. 153 WASHINGTON, WEDNESDAY, JULY 25, 2007 No. 120 Senate The Senate met at 9:30 a.m. and was appoint the Honorable SHELDON WHITEHOUSE, about—not only about the veterans called to order by the Honorable SHEL- a Senator from the State of Rhode Island, to care system, which had many bureau- DON WHITEHOUSE, a Senator from the perform the duties of the Chair. cratic failures, but also the physical fa- State of Rhode Island. ROBERT C. BYRD, cilities that were there failed to meet a President pro tempore. minimum level of acceptability. The PRAYER Mr. WHITEHOUSE thereupon as- American people were outraged by the The Chaplain, Dr. Barry C. Black, of- sumed the chair as Acting President facts that came to light, and the Sen- fered the following prayer: pro tempore. ate took prompt action. Let us pray. f Almighty God, we thank You for this The Wounded Warrior amendment, day and for the freedoms and liberties RECOGNITION OF THE MAJORITY now in legislation that is before the of this Nation. Bless our leaders with LEADER Senate, would address the substandard wisdom and compassion so that they The ACTING PRESIDENT pro tem- facilities we have talked about and we may serve You with faithfulness. pore. The majority leader is recog- have seen. It would address the lack of Guide our Senators so that they will nized. seamless transition and develop one honor one another and serve the com- when medical care for troops is trans- f mon good. Help them to remember that ferred from the Department of Defense they live and govern only through SCHEDULE to the Veterans’ Administration, which oftentimes in the past has led to dimin- Your grace. Lord, pour Your love into Mr. REID. Mr. President, this morn- ished care. It addresses the inadequacy their hearts so that their words and ac- ing we will be in a period of morning of severance pay. It addresses the need tions may be seasoned with Your fra- business for 1 hour. The first half will for improved sharing of medical grance. be controlled by the Republicans. Once records between the Department of De- Also, Lord, extend Your loving-kind- morning business is closed, the Senate ness to those in our world who do not fense and the Veterans’ Administra- will resume consideration of the Home- experience the blessings of freedom. tion. We are told now that there are as land Security appropriations bill. Use our lawmakers to bring deliver- many as 600,000 pending claims of re- I understand there are a number of ance to captives and to help the op- turning veterans. It addresses the inad- amendments that are being talked pressed go free. We desire to pray ac- equate care and treatment of trau- about to be offered on this legislation cording to Your will. Amen. matic brain injury and post-traumatic today. I hope Members come and do stress disorder, and a number of other f that as quickly as possible. very important items. PLEDGE OF ALLEGIANCE f So I again renew my request. Yester- The Honorable SHELDON WHITEHOUSE WOUNDED WARRIOR ASSISTANCE day we were told that the Republicans led the Pledge of Allegiance, as follows: ACT OF 2007 were looking at this. Mr. President, I I pledge allegiance to the Flag of the United States of America and to the Repub- Mr. REID. Mr. President, I yesterday am going to renew this request. There lic for which it stands, one nation under God, asked by unanimous consent that we are all kinds of reasons, I guess, for ob- indivisible, with liberty and justice for all. adopt the Wounded Warrior legislation jecting to something such as this. Now f that was brought to the Senate during I am told the reason for objecting is the Defense authorization bill in a the pay raise isn’t included. The APPOINTMENT OF ACTING Wounded Warrior legislation becomes PRESIDENT PRO TEMPORE form of a bipartisan amendment. A number of Senators worked very hard. effective upon passage and approval. The PRESIDING OFFICER. The Senator MURRAY is on the floor. She The pay raise for the troops doesn’t be- clerk will please read a communication worked very hard, and a number of come effective until October 1 or Janu- to the Senate from the President pro Senators have worked very hard on ary 1—I don’t know how the legislation tempore (Mr. BYRD). this legislation. It came about as a re- reads, but it is not now. So that would The legislative clerk read the fol- sult of what we learned at Walter Reed not be a good reason in my estimation, lowing letter: about how our returning troops from and I think in the estimation of these U.S. SENATE, Iraq and Afghanistan were being basi- wounded warriors, for objecting. PRESIDENT PRO TEMPORE, cally neglected. They had been wound- The pay raise does not become effec- Washington, DC, July 25, 2007. To the Senate: ed, and they were receiving unaccept- tive until the beginning of the fiscal Under the provisions of rule I, paragraph 3, able and poor treatment when they year. In fact, I think it is January 1 of of the Standing Rules of the Senate, I hereby came home. That failure was learned next year. It is different than a number

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

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VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9858 CONGRESSIONAL RECORD — SENATE July 25, 2007 of things we pass. But it does not be- The amendment was ordered to be consultation with the Secretary of Vet- come effective now. So if that is a rea- engrossed, and the bill to be read a erans Affairs, report to Congress with son for objecting, it is a poor reason, third time. comprehensive plans to prevent, diag- because they are two different issues. The bill (H.R. 1538), as amended, was nose, mitigate and treat TBI and One is the pay raise does not become read the third time and passed. PTSD. effective now; this does become effec- Mr. LEVIN. Mr. President, I have of- This bill increases the minimum sev- tive. fered the Dignified Treatment of erance pay to 1 year’s basic pay for So I ask unanimous consent that the Wounded Warriors Act as a stand-alone those separated with disabilities in- Armed Services Committee be dis- bill that incorporates the provisions of curred in a combat zone or combat-re- charged from further consideration of the Dignified Treatment of Wounded lated activity and 6 months basic pay H.R. 1538, and the Senate proceed to its Warriors Act as marked up by the for all others. This is quadrupling or immediate consideration; that the sub- Armed Services Committee and as doubling, depending on the cir- stitute amendment at the desk, which amended when offered as an amend- cumstance, the current arrangement. is the text of the Wounded Warriors ment to the Department of Defense Au- The bill also eliminates the require- provision in H.R. 1585, be considered thorization Act and passed by a vote of ment that severance pay be deducted and agreed to; the bill, as amended, be 94 to 0. from disability compensation for dis- read a third time, passed, and the mo- Our wounded warriors cannot wait, abilities incurred in a combat zone. tion to reconsider be laid on the table; and should not have to wait, for us to This bill also addresses the problem and any statements relating to this finish the Department of Defense Au- that exists because medically retired matter be printed in the RECORD, with thorization Act to get the relief con- servicemembers who are eligible for no intervening action or debate. tained in this bill. The bill incor- Tricare as retirees do not have access The ACTING PRESIDENT pro tem- porates the ideas of many Senators and to some of the cutting-edge treatments pore. Is there objection? the consideration of both the Armed that are available to members still on Mr. MCCONNELL. Mr. President, re- Services Committee and the Com- active duty. The bill does that by au- serving the right to object, and I will mittee on Veterans’ Affairs. A total of thorizing medically retired service- not object, I would hope to get the ma- 51 Senators have cosponsored this leg- members to receive the active duty jority leader to amend his unanimous islation. It is truly a bipartisan effort medical benefit for 3 years after the consent request. I notified him through to address shortfalls in the care of our member leaves active duty. This can be floor staff that it would be my hope we wounded warriors. I am delighted the extended to 5 years where medically re- could modify the unanimous consent Senate is passing this bill today so quired. The bill authorizes military request and not only pass the Wounded that we can move forward to con- and VA health care providers to pro- Warrior provision, which was regret- ference with the House of Representa- vide medical care and counseling to fully taken down along with the De- tives to reach agreement on a bill that family members who leave their homes fense authorization bill last week, but both the House and Senate can pass and often leave their jobs to help pro- modify that to include the language of and send to the President. vide care to their wounded warriors. section 601 of the Defense authoriza- This bill addresses the issue of incon- The Dignified Treatment of Wounded tion bill, which would provide for an sistent disability ratings by requiring Warriors Act requires the Secretary of increase in military basic pay of all of that the military departments use VA Defense to establish standards for the our uniformed military personnel. So if standards for rating disabilities unless treatment of and housing for military the majority leader would modify his the Department of Defense rating is outpatients. These standards will re- consent agreement as I have suggested, higher. The bill adopts a more favor- quire compliance with Federal and the bill, in effect, that we would be able statutory presumption for deter- other standards for military medical passing would be Wounded Warrior, mining whether a disability is incident treatment facilities, specialty medical plus the military pay raise. That would to military service by adopting the care facilities, and military housing for be my suggestion to the majority lead- more favorable VA presumption. The outpatients that will be uniform and er. bill requires two pilot programs to test consistent and high level throughout I am not going to object to his unani- the viability of involving the Veterans’ mous-consent agreement. I agree with the Department of Defense. Administration in the assignment of This bill also includes measures pro- him that the Wounded Warrior provi- disability ratings for the Department posed by the Committee on Veterans’ sions are extremely important. I was of Defense. The bill also establishes an Affairs under the leadership of Senator disappointed it was taken down along independent board to review and, where AKAKA that address shortfalls in the with the Defense authorization bill last appropriate, correct unjustifiably low VA system for care of our wounded week, but I would respectfully suggest Department of Defense disability rat- warriors after their transition to the that it be modified to include the pay ings awarded since 2001. VA. raise as well. This bill also addresses the lack of a So in summary, the Dignified Treat- Mr. REID. I accept the modification. seamless transition from the military The ACTING PRESIDENT pro tem- ment of Wounded Warriors Act is a to the Veterans’ Administration by re- pore. Is there objection to the request, comprehensive approach that lays out quiring the Secretary of Defense and as modified? a path for the Department of Defense Without objection, it is so ordered. the Secretary of Veterans Affairs to and the Department of Veterans Af- Mr. REID. Mr. President, could we jointly develop a comprehensive policy fairs to address shortfalls in the care of also send this matter to conference? on the care and management of injured our wounded warriors while they re- Mr. MCCONNELL. Mr. President, let servicemembers who will transition main in military service, during the me suggest, I do need to consult with from the Department of Defense to the transition from the military to the VA, the ranking member. I am sure that VA. The bill establishes a Department and after this transition, while in the won’t be a problem, but to do it on the of Defense and a Department of Vet- care of the VA. spur of the moment without consulting erans Affairs interagency program of- Our wounded warriors deserve the with the ranking member, it would fice to develop and implement a joint best care and support that we can mus- probably not be acceptable to my side. electronic health record. ter. The American people rightly insist But I can’t imagine this would be a This bill authorizes $50 million for on no less. This wide-ranging legisla- problem, and we will get back to the improved diagnosis, treatment and re- tion will improve the provision of majority leader shortly. habilitation of military members with health care and benefits to injured Mr. REID. I understand that, Mr. traumatic brain injury, TBI, and post- military personnel and make the sys- President. I appreciate the coopera- traumatic stress disorder, PTSD. The tem much more efficient as well. tion. This is a good step forward. bill requires the establishment of cen- ∑ Mr. MCCAIN. Mr. President, today The amendment (No. 2402) was agreed ters of excellence for both TBI and the Senate adopted, by unanimous con- to. PTSD to conduct research and train sent, legislation that will make a sig- (The amendment is printed in today’s health care professionals. The bill re- nificant difference in the lives of Amer- RECORD under ‘‘Text of Amendments.’’) quires that the Secretary of Defense, in ica’s wounded warriors and veterans. I

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9859 applaud the passage of the Dignified training, and equipment that this bill Commission, found that the survival Treatment of Wounded Warriors Act would provide. Examples of the impor- rate of those seriously injured has and the 3.5 percent across-the-board tant authorities that are being held markedly increased compared to the pay raise for the men and women of the hostage to the contentious debate on rate in Vietnam and previous wars. U.S. military. policy in Iraq include: increasing in The report of a commission ap- This legislation bridges the gap in end-strength for the Army and Marine pointed by Secretary Gates, and led by health care coverage for the severely Corps; providing combat-related spe- two distinguished former Secretaries of wounded, and ensures their access to cial compensation to serve members the Army, Togo West and John Marsh the broadest possible range of health who are; medically retired because of a confirms this by stating: Through ad- care services. It authorizes additional combat-related disability; paying over vances in battlefield medicine, evacu- care and support for families who are 25 special pays and bonuses designed to ation care, the Department has caring for the wounded. The bill in- improve military recruiting and reten- achieved the lowest mortality rates of creases traumatic brain injury care for tion; improving military equipment wounded in history. veterans, and access to mental health needed to protect deploying forces, in- Let us never doubt the bravery and evaluations. It requires the Secretaries cluding $4.0 billion for mine-resistant skill of our medical personnel. of Defense and Veterans Affairs to de- vehicles known as MRAPs; updating This bill, approved by the Senate this velop and implement new policy to bet- Army combat systems and additional morning, addresses the failure of sys- ter manage the care and transition of funding for armor and aviation surviv- tems—again, quoting from the Depart- our wounded soldiers. It also empowers ability equipment; building five war- ment of Defense Commission report— a special board to review disability rat- ships and funding for Virginia class failures which included the: product of ings of 20 percent or less, and to restore submarines; increasing the number of bureaucratic behavior, inability to rec- to wounded soldiers, if appropriate, a Department of Defense and Depart- oncile institutional disparities, and higher disability rating or retired sta- ment of Energy programs to help re- leaving the wounded warrior and fam- tus. And, it authorizes additional fund- duce the threat of nuclear materials ily to untangle that which government ing for traumatic brain injury and from the former Soviet Union falling agencies cannot. post-traumatic stress disorder. into the hands of terrorists; encour- It is with great humility that I recall The disability evaluation systems of aging more focused competition for the that I was the first Member of the Sen- the Departments of Defense and Vet- billions of dollars that the Department ate to visit Walter Reed—on February erans Affairs are out of date and in of Defense spends on contract services; 23, 2007. It happened to be the same day need of reform. This legislation ad- and providing critical authorities to that Secretary Gates visited Walter vances that reform by requiring the combatant commanders to address se- Reed to conduct his own inspection. immediate initiation of pilot projects curity priorities and support allies, co- In the intervening months, many en- to fundamentally change and stream- alition partners, and others in the war couraging developments have taken line those antiquated systems. The bill on terror. place. I applaud the leadership of Sec- also improves benefits related to ad- I call on the Senate leadership to re- retary Gates in promptly taking action ministrative separation from the mili- sume consideration of the Defense au- to correct deficiencies at Walter Reed, tary due to injury, increasing sever- thorization bill at the earliest possible and insisting on accountability for fail- ance pay and eliminating the require- time, so that these and many other ures in leadership that contributed to ment that severance pay be deducted critical pieces of the legislation will unacceptable conditions for our sol- from VA disability compensation for become law for the benefit of our diers. injuries incurred in a combat zone. troops. Swift passage of the National Our committee has also have re- The legislation requires the Sec- Defense Authorization Act for 2008, ceived assurances from the Secretary retary of Defense to inspect and im- coupled with support for our wounded of the Army Pete Geren, Deputy Sec- prove medical treatment and residen- warriors and hard-working troops to- retary of Defense Gordon England and tial facilities, and to study the acceler- gether represent the full measure of the Deputy Secretary of Veterans’ Af- ated construction of new facilities at support for our military forces that fairs Gordon Mansfield, that each will the National Military Medical Center they need, and that they unquestion- work tirelessly to improve the consist- at Bethesda, MD. ably deserve.∑ ency and effectiveness of their manage- This legislation is an important step Mr. WARNER. Mr. President, Sen- ment of all soldiers and veterans. toward restoring trust for America’s ator LEVIN, along with Senator The bill which has now been passed wounded soldiers and veterans. The MCCAIN, have forged a comprehensive, by unanimous consent is comprehen- Senate can be proud that it has put the bipartisan legislative package to en- sive and deserving of our support. It in- needs of wounded warriors and our self- sure that wounded and injured mem- corporates many of the findings of less service men and women ahead of bers of the Armed Forces receive the completed studies and reviews, as well partisanship, jurisdictional boundaries finest care and benefits, which they as the constructive ideas of Members of and disagreements over policy. We are richly deserve. the Senate. now ready to move foward to con- I thank Senators on both sides who This legislation will ensure that ference with the House of Representa- participated in this legislation, on the wounded and injured members of the tives and make overdue improvements basis of their own legislative initia- Armed Forces receive the care and ben- for our soldiers, their families, and our tives and their amendments—10 of efits that they deserve. veterans. which were agreed to when the bill was It will improve physical and mental While I am pleased we have been able considered by the full Senate on July health benefits for the severely wound- to take this action today, very critical 12, 2007. ed, to ensure that they have the broad- improvements to defense policy and I want to underscore that this bill est possible options for care from mili- programs remain in the unfinished is—in no way—a reflection of concern tary, veterans and private sector work on the National Defense Author- about the quality of acute medical care health care resources. ization Act for 2008, which the Demo- that our soldiers, sailors, airmen, and It includes significant initiatives in cratic Senate leadership pulled from marines receive when they sustain the areas of traumatic brain injury, the Senate floor last week because of wounds or illness in the field of battle. TBI, and post-traumatic stress dis- policy disagreements on Iraq. Our men and women in uniform re- order, PTSD, for soldiers and veterans. Failure to pass the Defense author- ceive the best treatment anywhere in This addresses the Dole-Shalala find- ization bill will curtail many needed the world, and that fact has been sus- ings that over 52,000 Iraq and Afghani- initiatives to support our military per- tained by every outside panel studying stan returning veterans have been sonnel and their families and to con- the problems arising from the disclo- treated for PTSD symptoms by the VA. tinue the fight on the global war on sures at Walter Reed last February. This legislation also creates a special terror. Our military forces deployed In fact, just today, the President’s review board to reexamine disability throughout the world, including Iraq Commission on Care for America’s determinations which fall below the 20 and Afghanistan, need the resources, Wounded Warriors, the Dole-Shalala percent threshold if a former member

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9860 CONGRESSIONAL RECORD — SENATE July 25, 2007 of the armed services feels that he or Mr. MCCONNELL. Mr. President, I men Jason trained at Fort Knox—a re- she received an unfair rating. wish to proceed on my leader time. markable record. ‘‘There is no doubt in Additionally, the bill requires the The ACTING PRESIDENT pro tem- my mind soldiers are coming back Departments of Defense and Veterans pore. Without objection, it is so or- from Iraq and Afghanistan alive be- Affairs to rapidly move to fundamen- dered. cause Jason was so committed to their tally change and improve the disability f training,’’ SFC Webster added. evaluation systems within the two de- In July of 1999, while stationed at HONORING OUR ARMED FORCES partments. Fort Knox, Jason met the woman he I am pleased that the legislation will SERGEANT FIRST CLASS JASON LEE BISHOP would marry, Katrina Bishop. They ensure that as policies and programs Mr. MCCONNELL. Mr. President, took their vows in 2002. ‘‘He and I were are developed to improve care and most of the men and women who wear soulmates,’’ Katrina says. management of wounded soldiers and our country’s uniform would not call They had a son, Matthew Franklin veterans, that such policies and im- themselves heroes, but I am afraid I Bishop. Only 11⁄2 years old when Jason provements will apply equally to mem- would have to disagree with that. deployed for the last time, he idolized bers of the Active and Reserve compo- Those who fight abroad for our freedom his father. Matt ‘‘quickly became his nents. here at home are, indeed, heroes. I rise shadow,’’ Katrina says. ‘‘Wherever The bill also requires that military to honor one special Kentuckian Daddy was, Matt had to be too.’’ personnel continue to receive the best among them who was lost to us in the In September 2005, Jason and his unit possible care at Walter Reed Army line of duty. deployed to Iraq. They would come Medical Center until equivalent med- SFC Jason Lee Bishop of Covington, home without him in September of ical facilities are constructed at the KY, was killed by a car bomb while on 2006. National Naval Medical Center, Be- patrol operations in Siniya, Iraq, on Jason is loved and remembered by his thesda, MD, and the Fort Belvoir, VA, New Year’s Day of 2006. A member of parents Frank and Brenda Bishop; his Army Community Hospital—and re- the 1st Squadron, 33rd Cavalry, 3rd Bri- sisters Jamie, Lacey, and Julia Bishop; quires the Department of Defense to gade Combat Team, 101st Airborne Di- his wife Katrina Bishop; his son Mat- study the feasibility of accelerating vision, based in Fort Campbell, KY, he thew Bishop; his daughter Morgan the relocation of medical capabilities was 31 years old. Bishop, as well as many other beloved in the National Capital Region re- For his outstanding service as a sol- family members. quired by the Base Realignment and dier in the U.S. Army, SFC Bishop was A wall that stands at Fort Knox to Closure Act of 2005. awarded the Bronze Star Medal and the honor all of the fallen heroes in Iraq The Senate can be proud that it has Purple Heart, as well as many other and Afghanistan has been named for put the needs of our wounded warriors medals and honors of distinction. the soldier who once served there. It is first and set forth bipartisan jurisdic- Jason was the first of four children called ‘‘Bishop’s Wall of Remem- tional boundaries. born to his parents Frank and Brenda brance.’’ I want to thank my colleagues—espe- Bishop in the northern Kentucky town There is also a Sergeant First Class cially Senator AKAKA, chairman of the of Covington. His mother remembers Jason Bishop Memorial Park at Cov- Senate Committee on Veterans Affairs, Jason as a young child standing on the ington that sits directly across from and Senator CRAIG, the ranking mem- seat in the family car and singing the house in which Jason grew up. ber, for their cooperation, and for the along with the radio, especially to But the tribute to Sergeant First work of both our committee staffs— Kenny Rogers. Class Bishop I can speak to most is this working together—in the preparation Riding in the car with his father was medal. of this legislation. a different experience. Frank taught This medal, this coin was sent to me It is my hope that we will proceed ex- young Jason how to drive by putting by Katrina Bishop. The Bishop family peditiously to conference with the him in the driver’s seat at the top of a had it made in honor of their son. On other body on wounded warrior legisla- hill, disengaging the parking brake, one side it lists Jason’s dates of birth tion and promptly resume consider- and issuing one command: ‘‘Drive.’’ On and death, his assignment in the 101st ation of the National Defense Author- a stick shift, no less. Airborne Division, and his service in ization Act for 2008 when Congress re- Jason and his dad enjoyed deer hunt- Operation Iraqi Freedom. convenes in September. ing and fishing together, something On the other side of the coin it reads: We owe this to our men and women they did whenever the opportunity ‘‘Sergeant First Class Jason Lee in uniform and their families stationed arose. Playing cards was another way Bishop’’ and has a picture of his ser- throughout the world. They deserve the two enjoyed each other’s company. geant’s stripes. It also lists seven at- nothing less than our full support. His family says Jason learned to count tributes that the Bishop family chose f using playing cards. to remember their son, husband, and RESERVATION OF LEADER TIME Jason graduated from Covington father by: loyalty, honor, duty, integ- The ACTING PRESIDENT pro tem- Holmes High School in 1993 with 4 rity, respect, selfless service, personal pore. Under the previous order, the years of junior ROTC experience. He courage. leadership time is reserved. entered the Army immediately upon Mr. President, this medal is the graduation. Bishop family’s reminder of Jason’s f After basic training and assignment life, which was tragically ended, and of MORNING BUSINESS at Fort Knox, also in my State of Ken- their love for him, which will never The ACTING PRESIDENT pro tem- tucky, Jason was sent to the Republic end. pore. Under the previous order, there of Korea. He also was deployed to Bos- I thank Katrina Bishop for this gift, will now be a period of morning busi- nia for a 10-month tour. Later assigned and I will be honored to keep it in my ness for 60 minutes, with Senators per- to Fort Campbell back in Kentucky, office. It will serve as a reminder to mitted to speak therein up to 10 min- Jason was promoted to sergeant first me, as well, of how much we owe the utes, with the time equally divided and class. men and women of our Armed Forces controlled between the two leaders or Completing Drill Sergeant School whose highest calling is to fight for the their designees, and with the Repub- was one of SFC Bishop’s proudest ac- freedom of others. licans controlling the first half and the complishments. Earning that drill ser- I ask the Senate to pause for a mo- majority controlling the second. geant badge was physically and men- ment today and hold the family and f tally grueling, perhaps the toughest of friends of SFC Jason Lee Bishop in all of his assignments. their prayers. They certainly will be in RECOGNITION OF THE MINORITY Jason became a darn good drill ser- mine. LEADER geant. A fellow drill sergeant who I yield the floor. The ACTING PRESIDENT pro tem- served with him at Fort Knox, SFC The ACTING PRESIDENT pro tem- pore. The Republican leader is recog- Daniel Webster, says he is not aware of pore. The Senator from Arizona is rec- nized. any combat deaths among the 1,000 ognized.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9861 DEFENSE AUTHORIZATION Crocker will report back here in Sep- behind. Here are a few of the things we Mr. KYL. Mr. President, first, I want tember. It is an interim report on this are not adopting as a result of this to compliment the distinguished mi- new strategy. But we have an idea that piecemeal approach: Senator JOE BIDEN nority leader for not just recalling the it will tell us a lot about the future noted that the MRAP, or Mine Resist- sacrifices of the family and members of course of action we should pursue. I ant Ambush Protected vehicles, ‘‘are the U.S. military today, but for his ef- think most Americans believe, even the best available vehicle for force pro- forts to do that for a long time now on though all of us would like to have the tection’’ for our troops. He is right. the Senate floor. He focuses on Ken- troops come home and have our en- There was $4.1 billion in the act to au- tuckians who have a long history of gagement there ended as much as it thorize payment for this equipment. service to their country, and rightly can, the reality is that Americans Not adopted. so. I know he would add to that the don’t want to lose, don’t want to be de- It authorizes the new hiring and service of those members of our mili- feated. They certainly don’t want to bonus authorities to assist the Defense tary and their families from all over see the consequences of that defeat, Department in recruiting and retaining this country and add them to our pray- with al-Qaida having a base of oper- needed, quality health and mental care ers and thoughts as well. We spend ations in Iraq, perhaps millions of professionals in the military. Not time in Washington debating policies Iraqis slaughtered in the ensuing adopted. that affect them, and they are living it chaos, and U.S. policy in the war It authorized $50 million in supple- every day, every minute of every day. I against terror undercut dramatically mental educational aid to local school appreciate the words he brought to the in that very important region of the districts affected by the assignment Senate floor not just on this occasion world. So the timing was off. and location of military families. That but on previous occasions as well. Secondly, using the Defense author- is something all military families Mr. President, I will talk about the ization bill as the surrogate for that know about. Not adopted. action taken earlier by the majority debate was wrong. This is a little bit of It authorized payment of combat-re- and minority leaders. We have now, by an inside-the-beltway discussion, but lated special compensation to service- unanimous consent, approved two key the American people need to know why members who are medically retired due provisions of the Defense authorization this is wrong. Each year, for 45 years, to combat-related disability. Not bill by unanimous consent in a period the Senate has passed a Defense au- adopted. of 3 or 4 minutes. Yet it took the last thorization bill setting the policy for It included provisions to examine and 2 weeks to debate the Defense author- our national security for the following strengthen security forces at defense ization bill, only to have it pulled from year and establishing the authorization sites storing weapons-grade nuclear the floor so that we could not vote on for troop strength, military weapons materials. That is a very important it. It was used by the majority leader acquisitions, policy related to missile provision relating to nuclear deterrent. as a surrogate for the debate on Iraq defense, and you name it. The Presi- Not adopted. policy. We have had something like dent has signed the Defense authoriza- It would have satisfied the Army seven or eight different resolutions— tion bill. That then enables the Con- Chief of Staff’s unfunded requirements perhaps more, I have forgotten the gress to appropriate the money to pay list by authorizing an additional $2.7 count this year—on policy relating to for the things that we believe are nec- billion for items such as reactive Iraq. There is no more important na- essary for the military. armor, aviation survivability equip- tional security issue facing our coun- But this year, instead of having the ment, combat training centers, and try than the war against terrorists, and debate and amending that bill and machine guns—a variety of things the certainly the central battle field in passing it, it was simply used as a vehi- Pentagon said were necessary to sup- that war is the Iraq war. cle to debate Iraq. Then when the last port the missions of our men and Republicans do not shy away from Iraq resolution was defeated, the bill women in the military. Not adopted. the debate about what to do. It is an was not passed. It was pulled from the My point here is that when you use extraordinarily important debate. On floor. That left extraordinarily impor- the Defense authorization bill for the the other hand, I would have two argu- tant policy hanging—policy on which purpose simply of having a debate on ments with the way this has been done. our military troops rely. Iraq, there are a lot of bad con- First, the time of the debate right now This is not the first time the Demo- sequences to not passing that bill. You is misplaced because after the Senate cratic majority has had second cannot cure them by simply picking a unanimously confirmed General thoughts about action it has taken on couple of the more politically popular Petraeus, after the President had the Senate floor. I am glad it is having items, such as we have done today, and changed his course and consulted with second thoughts about this bill. But by getting those adopted by unanimous General Petraeus and others about a the action that has been taken, we are consent. I am delighted that we have new strategy, and that strategy was de- still not going to be adopting good pol- done it, but that is not the end of the veloped, we sent General Petraeus to icy in the right way. There are con- story if we are really going to support Iraq to begin executing that strategy. sequences to this piecemeal approach. the mission of our troops. We put together five brigades to rep- Let me illustrate my point. What we Mr. President, let me conclude on resent a surge in troop strength to ac- have just done this morning is to do this thought. To some extent, this de- complish the mission, the last of which two very important parts of that bill: bate we had in the last 2 weeks just on went into the theater about a month to adopt a 3.5-percent, across-the-board the Iraq war is a manifestation of what ago. pay raise for uniform military service has gone on in the Congress for the last When we did that, we made a com- personnel, and to adopt the language 200 days. It is hard to believe that 200 mitment to the soldiers, marines, air- from the Dignified Treatment of days is gone. What does this Congress men, and all the Navy personnel to Wounded Warriors Act, both of which have to show for its actions and being back them in what we sent them to do, were critical components. in session for these 200 days? I cannot not to immediately begin questioning Senator JOHN MCCAIN, my colleague say nothing because the reality is, we whether they could succeed in their from Arizona, spoke eloquently regard- have approved and named 20 post of- mission. We heard a lot of calls from ing both matters on this floor on nu- fices. That is a post office every 10 the other side of the aisle that were merous occasions. I know were he here days. It is not exactly heavy lifting, very defeatist in nature, saying it was now, he would be pleased at the action but it is something. As a matter of already lost and there was no way they the Senate has taken. fact, it is the main thing this Senate could win. That is, obviously, not a Let me cite a few of the things that can point to in terms of accomplish- good sendoff for the young men and have been left on the cutting room ment. The only other thing of sub- women you are putting in harm’s way floor as a result of not passing the De- stance was the minimum wage in- to accomplish a mission that is impor- fense authorization bill, but rather crease, which, unfortunately, did not tant to the American people. simply taking a couple of provisions include the benefits to small businesses So the timing of the debate was off. that are obviously popular with our that have to pay the minimum wage in General Petraeus and Ambassador constituents and leaving the remainder terms of tax relief, which Republicans

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9862 CONGRESSIONAL RECORD — SENATE July 25, 2007 tried to have included. Of course, we fered to embarrass the President and year. I note that beyond the unani- had to pass the supplemental appro- this side of the aisle based upon the mous consent requests that were prof- priations bill to fund the war effort. commutation of the sentence of Scoot- fered this morning that passed the That is it. er Libby. There was an amendment of- Wounded Warrior legislation and the I apologized yesterday for calling fered highlighting the dozens of par- pay raise for our men and women in this a ‘‘do-nothing Congress.’’ After all, dons issued by President Clinton. As uniform, the minimum wage increase we have named 20 post offices. Let’s you will recall, Mr. President, people is the only substantive legislation that call it the ‘‘post office Congress.’’ Per- paused at where we had gotten to in has passed so far this year, notwith- haps in the remaining time this year this debate—the acrimony and incrimi- standing that being part of the ‘‘6 for we will pick up the action. Perhaps we nations—and decided to figuratively ’06’’ part of the campaign our friends will find ways to accomplish things lay our guns on the table and walk on the other side of the aisle made part that the American people really want away. of their agenda. us to do. That vote on the Scooter Libby com- I note, as Senator KYL has pointed One of the big problems we can see is mutation was actually vitiated, some- out, that since taking power more than because we have not done the appro- thing I have never seen happen before, 200 days ago, the new majority has re- priations bills to fund everything from but I guess anything can happen by named 20 post offices. But my point is the military to the Departments of unanimous consent in the Senate, and that it has opened more than 300 inves- Justice and Commerce, all of the other it did. And there was no vote on the tigations and held more than 600 over- departments of Government that serve amendment to deal with the Clinton sight hearings. Unfortunately, this has the American people are going to be pardons. resulted in an effort to try to score po- litical points by looking backward, facing a trillion-dollar-plus Omnibus I mention those because I think, un- conducting investigations about mat- appropriations bill this winter. That is fortunately, the Senate has gotten to a ters that have happened in the past or, the worst of legislating. It is kind of bad place, not only in the eyes of the I fear, too often partisan purposes and the opposite of what we are doing with American people, where 16 percent, ac- at the loss of our ability to look for- cording to the most recent poll I have the Defense authorization bill where ward and figure out how do we work to- seen, believe the Senate is doing a good we don’t pass the bill, but we pick two gether to solve problems. or three items that are politically pop- job, but we have gotten to a bad place I guess one of the most recent mani- ular and do them by unanimous con- in terms of the hyperpartisan atmos- festations of this hyperpartisan atmos- sent. phere and the point-scoring that seems phere and the kind of point-scoring we In this case, you don’t do anything to to take precedence over all other mat- see going on, to the detriment of pass- fund the Government until the last few ters. That is not the kind of Senate I ing good bipartisan legislation, the ran to serve in, and I know that a num- days, and then you ball it up into one Senator from Wisconsin, Mr. FEINGOLD, giant bill, thinking nobody can vote ber of colleagues feel exactly the same announced recently his intention to against it because, after all, it is either way. submit two resolutions to censure the all or nothing. On Tuesday mornings, thanks to Sen- President, one for his handling of the That is very bad legislating and ator LAMAR ALEXANDER of Tennessee war in Iraq and the other for antiter- something I think we are going to re- and Senator JOE LIEBERMAN of Con- rorism policies the administration has sist because it represents not just an necticut, we have instituted a new established. Of course, if he does follow increase in spending but will undoubt- breakfast meeting each week. It is a bi- through with his stated intention to edly represent bad policy as well. partisan meeting. This was the subject submit these censure resolutions, that Mr. President, my hope is that this of some conversation—the amend- would prompt debate on what I believe ‘‘post office Congress’’ can get on to ments, the hyperpartisan atmosphere, would be meaningless political ges- some other business. I am delighted we and really the episodes I just men- tures and would further delay sub- have been able to select two items from tioned that occurred last week. stantive legislation we should be con- the Defense authorization bill to adopt Again this morning, on Wednesday sidering. by unanimous consent today. But that morning, one of the highlights of my Senator KYL mentioned the most di- will not correct the deficiencies. I hope week, I attended the Senate Prayer rect example of the kind of game-play- my colleagues, in the remaining time Breakfast. It is also bipartisan, obvi- ing we have seen recently with the De- before the August work period, and in ously. This was brought up again, al- fense authorization bill. Of course, that the months of September and October, though I am not going to go into any served as the platform for the debate will roll up their sleeves and work on detail since both of those meetings on the withdrawal resolutions and the the problems the American people sent occur without any policy statements sense-of-the-Senate resolution offered us here to resolve. and, obviously, press is not invited; it by Senator LEVIN and Senator REED, The ACTING PRESIDENT pro tem- is a private meeting where Senators but when that did not pass, of course, pore. The Senator from Texas is recog- can come together on a bipartisan that legislation was pulled from the nized. basis, both at the Wednesday breakfast Senate’s agenda. Of course, as Senator Mr. CORNYN. Mr. President, how and the Tuesday breakfast, and talk KYL pointed out, there are a lot of im- much time remains on this side in about issues we care about, trying to portant parts of that bill which will morning business? do things for the American people, in not be enacted because it was pulled The ACTING PRESIDENT pro tem- the case of a prayer breakfast to share down. pore. There remains 171⁄2 minutes. stories and get to know each other a I am glad to see that the Wounded f little bit better. Warrior legislation, which I have I will say that there is some recogni- worked on as part of the Senate Armed RECENT SENATE ACTIONS tion that the Senate has too many Services Committee, has now passed, Mr. CORNYN. I thank the Chair. team meetings—and by that I mean as well as the 3-percent across-the- Mr. President, last week was not a with Republicans meeting with other board pay raise. But other important great week in the U.S. Senate. We had Republicans trying to figure out how parts of that legislation have not been an overnight session that was designed we can win or score points against passed, including a $4.1 billion author- to highlight the efforts by the majority Democrats and Democrats meeting ization to procure Mine Resistant Am- to pass a timetable for withdrawal in with Democrats thinking about ways bush Protected vehicles. These, of Iraq, regardless of the consequences of they can score points against Repub- course, are a new design of vehicles that timeline and that withdrawal. licans—and not enough meetings where that are designed to defeat improvised We then had another episode where I we get together on a bipartisan basis to explosive devices, which have been one think both sides of the aisle were sort try to figure out what we can do to get of the most deadly weapons used of forced to look in the abyss and to business done for the benefit of the against our troops in Iraq. Unfortu- pull back because, as I am sure the American people. nately, many of these weapons have Chair and other colleagues will recall, Senator KYL mentioned the woeful been shipped, especially explosive for- there was an amendment clearly of- record of accomplishments so far this eign penetrators, from Iran to Iraq.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9863 There are other important parts of sistant attorney general for the U.S. Mrs. MURRAY. Mr. President, I ask this legislation: For example, adding Department of Justice. In 1994, Judge unanimous consent that the order for $2.7 billion for items on the Army Chief Southwick was elected 1 of the first 10 the quorum call be rescinded. of Staff’s unfunded requirements list, judges on the Mississippi Court of Ap- The PRESIDING OFFICER (Mr. including money for reactive armor peals. He remained on the bench, ex- CARDIN). Without objection, it is so or- and Stryker requirements; $207 million cept for a military leave of absence dered. for aviation survivability equipment; from 2004 until 2006. During that time, f he served as a staff judge advocate for $102 million for combat training cen- DIGNIFIED TREATMENT OF the 155th Brigade combat team in Iraq. ters, and funding for explosive ord- WOUNDED WARRIORS ACT nance equipment, night-vision devices, Despite his stellar qualifications and and the like. strong support from his two home Mrs. MURRAY. Mr. President, earlier There is also $50 million in supple- State senators, so far it has been the this morning, the majority leader, Sen- mental educational aid to local school demonstrated intent of our colleagues ator REID, asked unanimous consent districts affected by the assignment or on the other side of the aisle to block for the Senate to pass a significant location of military families, so-called his ability to get a vote in the Senate piece of legislation, the Dignified impact aid, which affects my State. A Judiciary Committee and to prevent Treatment of Wounded Warriors Act. lot of school districts depend on that him from getting an up-or-down vote That was agreed to, and the Senate has money which is provided to local on the floor of the Senate. now accomplished a major step that I school districts because, of course, Fed- I should correct that. In fairness, the wish to take a few minutes to highlight eral property cannot be taxed for pur- chairman of the Judiciary Committee this morning. All of us were astounded earlier this poses of local education, and when you has offered to give Judge Southwick a year when the Washington Post ran a have a Federal military installation vote in the committee, but we know series of articles about the treatment there with a lot of children going to committee Democrats are poised not of our soldiers, our men and women, at those schools, the only way they can only to tarnish the good record of this the Walter Reed facility. They outlined pay the bills is to get this impact aid. judge but then to perhaps send him the horrific conditions that some of I could go on and on. Unfortunately, here with a negative vote in com- our soldiers were living in as they re- because of what we have seen in this mittee. I know there are talks that are ceived treatment for their wounds from hyperpartisan atmosphere, those im- ongoing. a war far away. After that, we talked portant provisions of the Defense au- Unfortunately, I think this is a dem- to and heard about many soldiers who thorization bill have not been passed, onstration again of the hyperpartisan were in medical hold units not only at although I am glad that the Wounded atmosphere that unfortunately poisons Walter Reed but across the country Warrior legislation and the 3-percent relations, not only between colleagues who were waiting not a few weeks, not pay raise did pass this morning by in the Senate but turns off so many a few months, but months on end—and unanimous agreement. people across the country. It is regret- even almost 2 years—to get their dis- Then, of course, we see another cas- table. ability ratings so that they could be ualty of the hyperpartisan atmosphere My hope is, as we did last Thursday night, that we can walk away from this discharged from the military and con- where it took more than 100 days for hyperpartisan atmosphere, seeing that tinue on with their lives once they had the new majority to allow the passage basically no one wins when congres- been wounded. of an emergency war funding bill for sional approval hovers at 16 percent. It I went up to Walter Reed with our our troops in combat. This delay is hard to imagine that it could go majority leader and members of our caused a lot of dislocation and hardship much lower. Unless we turn away from leadership team to talk to some of the for our men and women in uniform and the kinds of practices we have seen for soldiers who were in medical hold at their families, the very people we the first 200 days under this new major- Walter Reed. They expressed complete ought to be trying to lighten the bur- ity and unless we try harder to work frustration at what they found them- den for rather than burden them fur- together, have less team meetings and selves in. It was not just the physical ther with the political theater and the have more bipartisan meetings where part of their living conditions, but it political wars in the Senate. we talk about what we can do to pass was the fact that they had other Then there is the issue of judicial legislation for the benefit of the Amer- wounded soldiers who were their advo- nominees. The last 2 years of President ican people, I fear Congress will con- cates trying to help them work Clinton’s term of office, with a Repub- tinue to be held in low esteem by the through a disability system that made lican-controlled Congress, there were, American people. no sense to them, their advocate or to if memory serves me correctly, 15 to 17 It is important that we wake to what any of us who were listening. circuit court nominees confirmed. So should be a wake-up call that is pro- They talked about their family mem- far, we have only had a handful con- vided by these low poll numbers and bers who were literally left on hold not firmed by this Congress, and we have the recognition that this serves no knowing when they would be able to judges stuck in this slow walk of a one’s best interests, certainly not the come home, get a job, go back to work, process—for example, judges such as best interests of the American people. and resume being a part of their family Leslie Southwick, a nominee for the My hope is that rather than just again. They talked about long lines. Fifth Circuit Court of Appeals. naming more post offices, rather than They talked about paperwork that had Judge Southwick’s qualifications and passing one or two bills, such as the gotten lost. They talked about not credentials are outstanding. The Amer- minimum wage bill and now these bills knowing they had traumatic brain in- ican Bar Association has given him its by unanimous consent this morning, jury even a year and a half after they highest rating. He was approved unani- we will seize this opportunity to try to had been wounded and came home. mously by the Senate Judiciary Com- do what is in the best interest of the No one had taken the time to ask mittee for a life-tenured position as a American people. That is why most of them if they had been near an explo- U.S. district judge during the 109th us came to the Senate. Unfortunately, sive device and perhaps they had some Congress. Although he is from Mis- we have been captivated by the par- kind of brain injury. Yet they knew sissippi now and serves on the State tisanship that is insisted upon too that they couldn’t find their keys that courts in Mississippi, he graduated often by narrow special interest groups they had set down, they couldn’t re- from the University of Texas in 1975. that seem to spend a lot of time at the member the dates of their kids’ birth, After completing law school, he Capitol and have way too much influ- they couldn’t remember what they had clerked for the presiding judge of the ence, in my view. done a few years ago, much less today. Texas Court of Criminal Appeals and Mr. President, I yield the floor. I sug- They knew something was wrong, but then for Judge Charles Clark on the gest the absence of a quorum. no one had taken the time to ask them Fifth Circuit Court of Appeals. After a The ACTING PRESIDENT pro tem- what they had seen on the ground in few years in private practice, Judge pore. The clerk will call the roll. Iraq or what they had been involved Southwick reentered Government serv- The assistant legislative clerk pro- with that might have caused a brain ice in 1989 when he became a deputy as- ceeded to call the roll. injury.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9864 CONGRESSIONAL RECORD — SENATE July 25, 2007 I went home to the State of Wash- of Veterans Affairs to jointly come of the President of the United States. ington and talked to some of our sol- back to us with a policy that makes That is what our soldiers deserve. I am diers who were in medical hold at one sense for this country’s men and sorry it happened 41⁄2 years after this of our facilities in Washington State. I women who have fought for all of us. war started. It should have happened invited anyone who would like to In this legislation, we also dealt with before this war started with the come. I expected maybe a dozen, two enhanced health care for our men and preplanning that I will not go into this dozen men and women to come over women who have served us. Too often morning that obviously we did not and talk to me. Over 200 showed up, ex- they find their health care cut off long have. But I will say as a Senator who pressing anger, frustration, and telling before they are able to get back and did not vote to go to war in Iraq, I have story after story after story of long get a job. We authorize disability rat- said consistently—no matter how we delays in getting their disability rat- ings of 50 percent or higher to receive felt about that war then or how we feel ings, in being unable to get their lives health care benefits for 3 years. For about it today—that we have an obliga- put back together, in not being diag- some of the family members of a tion, as leaders of this country, to nosed correctly. spouse—husband or wife—who have make sure the men and women who Well, I am proud the Senate, in a few been injured, they lose their own fight for us get the care they deserve. short months, has stood up and said: health care. So we make sure we ag- The passage of this bill today is part of Not on our watch. Not anymore. This gressively move forward and not allow that commitment, and I am very proud morning, in passing the Dignified our families to be left without health of the Senate. Treatment of Wounded Warriors Act, care while their servicemember is Later this morning, the commission we are moving forward in an aggressive being cared for at one of our medical the President has put in place, the way to make sure the men and women facilities. Dole-Shalala commission, will also who have served our country so honor- We also focus dramatically on TBI, come forward with their recommenda- ably are treated well when they come traumatic brain injury, and post-trau- tions. I look forward to seeing what home. We are making sure those men matic stress syndrome, two significant they have to say, but this Senate is not and women who were asked to fight a wounds of this war. We establish new going to sit around and wait for a re- war for this country, no matter how we centers of excellence within the De- port from anybody. We are moving, and felt about that war personally, those partment of Defense, one for TBI and moving aggressively. I hope whatever who went to the war and fought for our one for post-traumatic stress syn- recommendations come out in the country don’t have to come home and drome. We require the Department of Dole-Shalala commission report that fight their own country to get the Defense to analyze soldiers so they do we see today do not end up on a dusty health care they so deserve and should not go home and end up like the young shelf in the White House, as the 9/11 get without having to fight someone man who told me he had been dis- Commission recommendations did or for it. charged from the Army and for 18 as the Iraq study commission rec- This Senate acted in an aggressive months was at home. No one asked him ommendations did. I hope the White way. Two of our committees, the Vet- when he was discharged whether he had House works aggressively to make sure erans’ Affairs Committee, headed by been around any kind of IED explosion these recommendations—both from Senator AKAKA, and the Armed Serv- in Iraq. No one asked him how he was Congress and from their commission— ices Committee, headed by Senator doing. For 18 months, he sat at home in are put into effect because whatever LEVIN, in a bipartisan way, put to- a rural community in my State and laws we pass will only be managed effi- gether, for the first time, a historic wondered why he could no longer talk ciently and effectively and work if the joint committee to bring in experts to to his friends; wondered why he White House joins us in a partnership talk to us about what the needs were couldn’t remember what he learned in to make this happen. and what we needed to do. From those school a few years ago; wondered why, I wanted all of our colleagues in the excellent recommendations from that as a young man of 22, he felt his life Senate to know, and for the country to joint hearing, we worked together in a had changed dramatically and he didn’t know, we are moving aggressively for- bipartisan way to craft legislation that know who he was anymore. Eventually, ward to make sure the men and women would require the Secretary of Defense he tried to take his own life. That who serve us are served as well by this and the Secretary of Veterans Affairs should not happen to a service man or country, and I am proud of the action to develop a comprehensive policy by woman who has served us honorably. of the Senate this morning. January 1 of next year on the care, What happened to him has happened I yield the floor. management, and transition of our to many other soldiers who have served The PRESIDING OFFICER. The Sen- servicemembers from the military to us in Iraq. He had been around not 1, ator from New Jersey is recognized. the VA, or to civilian life, so our brave not 5, not 20, but more than 100 explo- Mr. MENENDEZ. Mr. President, I ask men and women don’t fall into that sions while he was on the ground in unanimous consent to speak for 10 min- transitional trap between the DOD and Iraq. As a result, he had severe trau- utes as in morning business. the VA anymore and feel like they matic brain injury that was not diag- The PRESIDING OFFICER. The Sen- have come home and been lost. nosed when he left. No one asked him ator has that right. This is critically important. It is an when he was discharged whether he aggressive action that, for the first was having any problems. No one fol- f time, will require the Department of lowed up when he got home, to see if he HOMELAND SECURITY the Defense and the Department of the was adjusting okay. VA to work together. Soldiers, men We say, no more. We say the Depart- APPROPRIATIONS and women, too often feel like when ment of Defense looks at every soldier Mr. MENENDEZ. Mr. President, I am they are in the service—in the Army, when they come in and when they pleased to rise today to talk about a in the Navy, in the Armed Forces— leave, asks them what kind of action bill that I am proud of, and of which all there is a completely different system they have seen on the ground in Iraq, Americans should be proud. that doesn’t even talk to our VA, and follows up with them and gives I first want to commend the es- which has a totally different disability them the care so they can perform and teemed chairman of the Appropriations system. Their paperwork doesn’t go come back to normal life as quickly as Committee, Senator BYRD for his com- back and forth between each regarding possible. This is the least we can do. mitment to drafting a bill that is in how they are rated as disabled. The It has taken the Senate just a few our Nation’s best interest. I also would Army is completely different than how months to aggressively go after this, to like to convey my respect for Senator they are rated by the Veterans Affairs pass a bill through committee, to bring BYRD and the ranking member, Sen- Department. That means their care is it here to the floor of the Senate and, ator COCHRAN, for the exemplary bipar- not adequate, it means they are frus- very importantly, the full Senate this tisan they have shown in negotiating trated, it means they are angry, and we morning supporting that legislation this bill and bringing it to the floor. say: No more. We are requiring now the and passing it to the House, hopefully The Homeland Security Appropria- Secretary of Defense and the Secretary quickly to conference and to the desk tions bill that will be before us later

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9865 today is a clear indication that our pri- I am proud that this bill rejects the those 2 miles are not isolated—thou- orities have changed. After years of ne- President’s cuts to first responders, sands drive by it every day, and many glecting key homeland security initia- and actually increases funding by $644 live close enough to call it their back- tives, this bill ends a trend that has million. Nearly 6 years after Sep- yard. When we pass this bill, I can tell been straining our first responders, tember 11, would seem unfathomable them that yes, we are working to make forcing our States to come up with that we would actually cut funding for more funding available, yes, we are ad- more, and leaving us more vulnerable first responders, but that is exactly dressing those areas most at risk. than we should be 6 years after Sep- what the President’s budget called for. Our bill also seeks to end the trend of tember 11. In this bill, we provide more than pouring our resources into aviation se- This bill is part of a framework that $400 million than the President for fire- curity and spending pennies in com- we have created this year to restruc- fighters. We increase funding for FIRE parison on rail, mass transit, port, and ture our priorities—and it is clear that grants by $25 million more than last chemical security. This bill more than homeland security is at the top of the year so that fire departments can pur- doubles funding for rail and transit se- list. I am proud of the levels we set in chase new equipment. When nearly a curity, and far exceeds what our past the budget resolution we passed earlier third of firefighters are not equipped funding bills have done for port secu- this year. As a member of the Budget with a self-contained breathing appa- rity. We provide $400 million for port Committee, one of my top requests to ratus or portable radios, I think there security grants, a level which our ports Chairman CONRAD was that we provide is no question that these funds are have been calling for for some time. enough to the Appropriations Com- sorely needed. One of the grant pro- Anyone who knows the Port of New mittee so that it could not just reject grams I hear about the most, as I am York and New Jersey understands the the President’s cuts to key homeland sure do many members, is the SAFER daunting task of securing the perim- security funding, but go above and be- grants. I have listened to firefighters eter of the port. The port is surrounded yond what has been funded in recent from my State far too many times by storage facilities and warehouses, years. I thank Chairman CONRAD, for plead for the SAFER grants not to be with waterways on one side, and a his commitment to homeland security cut. And yet, every year, this is a fight major highway and an airport on the funding in the budget resolution and we have had to have with the adminis- other, and rail lines and a major pipe- for understanding what those funds tration. I truly hope this is the last line running along side it. So, for a site mean to a State like New Jersey. year. These grants help departments as complex as our port, perimeter secu- This year we have set the tone. The increase their staff, often so they can rity is no easy feat. message is clear—when it comes to cover more 24-hour shifts. Our bill in- Our Nation’s ports have a long to-do homeland security, the status quo just creases funding by $13 million over last list, and I guarantee you, every one of won’t cut it. This bill says that loud year. the improvements they want to make and clear. By increasing overall fund- I am also extremely proud of the di- costs money. In the wake of the SAFE Port Act, which the President signed ing by 8 percent over last year, we rec- rection this bill takes us for improving into law last year, our ports have even ognize that those on our front lines key grant funding to States and our more requirements they are supposed need our support. In this bill, they will most at-risk areas. This bill restores to carry out. Yet the President did not get it. the two major grant programs, the For New Jersey, the funds in this bill State Homeland Security Grant Pro- call for any funding to implement mean the difference between having gram and the Law Enforcement Ter- these initiatives. Our bill does. We double port security grants, to what we need to protect our high-risk rorism Prevention Program, and in- the level authorized in the SAFE Port areas and leaving our infrastructure creases funding for urban area security Act. vulnerable. The grants this bill pro- grants. For reasons I cannot explain, We provide $15 million for the Coast vides means millions more for our the President sought to cut State Guard so they can increase the number ports to increase site security and im- homeland grants in half, and prac- of inspections at facilities, conduct plement key initiatives. tically eliminate the law enforcement vulnerability assessments, and develop The increases for next year mean our grants. long-range vessel tracking systems. fire departments will have the re- For States like New Jersey, these We provide $60 million for oper- sources they need to hire new fire- funds are not just an added bonus— ational centers as called for in the fighters, to upgrade their equipment, they are essential. These grants allow SAFE Port Act that will help coordi- and to reduce the long shifts far too States to purchase equipment, train nate information sharing, intelligence many of them are working. The focus first responders, put in place response gathering, and support cooperation on first responder funding means our plans, and a whole host of other crit- among Federal, State, and local agen- law enforcement will continue to have ical activities. By restoring cuts to cies. support to carry out key terrorism pre- these programs, officials in New Jersey And, we provide $15 million to help vention efforts in our cities. will have the confidence that we are ports implement the TWIC port worker Perhaps most importantly, this bill working to provide them every last ID program, which has been delayed does not take the approach that we can dollar, and that we understand how again and again. It is past time for us do what is minimally required and pre- critical this funding is. to have something as simple as uni- tend that is enough. For all of the Our bill also provides an increase for form, technologically advanced ID cads President’s talks about how critical se- the Urban Area Security Initiative, the for those workers at our ports. curity at home is, for all the adminis- only fully-risked based funding of its This bill also contains a very short, tration continues to warn us about how kind, designed to help the most high- but very crucial provision that is well at risk we are for an attack, I am just threat urban areas. I have spoken on known to people in New Jersey. It al- dumbfounded because no matter where this floor before about the unique lows States to have more stringent I look, I cannot find where he makes threats that our UASI—Urban Area Se- chemical security standards. If you supporting our first responders a pri- curity Initiative—region in northern have ever been to Newark’s Liberty ority. No matter how hard I try, I can- New Jersey faces. As one of the most Airport, than you were within a few not see how he expects our ports to be densely populated areas in the Nation, short miles of the Kuehne plant in as secure as they should be 6 years we face the complexity of populous South Kearny, in a range that would after September 11. For all the remind- neighborhoods nestled among high-pro- without question be devastated by an ers this administration likes to give file infrastructure, including the larg- attack at that facility. Because plants the American people that we are at est port on the east coast, a major like this one are uniquely sandwiched war, that we are vulnerable, that we international airport, and a string of between highways and neighborhoods, must be vigilant, I do not see where we chemical plants—which makes up what in an area that rises to the level of are matching that rhetoric with dol- is known as the ‘‘2 most dangerous being called the ‘‘2 most dangerous lars. miles’’ in America. When people back miles,’’ New Jersey has taken action to This bill is about more than rhetoric. home hear that, they ask me what we make sure we are doing everything pos- It is about providing what is needed. are doing to protect that area, because sible to keep these plants secure.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9866 CONGRESSIONAL RECORD — SENATE July 25, 2007 Because it is far ahead of the curve ney General or Deputy or Associate Attorney against political adversaries, against when it comes to chemical security, General. attempts to conduct Government in se- the notion that the Department of That is seven people, total. Four in cret and in darkness and sometimes in Homeland Security can issue regula- the White House, three in the Depart- defiance of the law. tions that could preempt New Jersey’s, ment of Justice. In the process, the administration and possibly be weaker than our stand- As I pointed out to the Attorney Gen- has done grave damage to the prin- ards, turns logic on its head. The bot- eral, this administration has dramati- ciples and values that have made this tom line is, when it comes to the secu- cally expanded this policy to allow lit- country an example for the world. The rity of things uniquely New Jersey, erally hundreds of people at the White writ of habeas corpus? Adherence to like the location of this chemical House to discuss sensitive case-specific the Geneva Conventions? The inde- plant, no one knows what we need bet- information with dozens of people at pendence of Federal prosecutors? The ter than our State. And that is the po- the Department of Justice. Even worse, principle of judicial review? The notion sition that this bill takes. I applaud a further revision to this policy signed that a citizen in a democracy has a my fellow Senator from New Jersey, by Attorney General Gonzales specifi- right to know what their Government Mr. LAUTENBERG, for ensuring this lan- cally added the Vice Presidents’s Chief is doing in his name? guage is part of this bill, and I thank of Staff and the Vice President’s Coun- Each of these, in ways great and Senator BYRD for realizing how essen- sel, David Addington, to the list of small, has been eroded by this adminis- tial preserving New Jersey’s standards those empowered to have these con- tration. Then, when you think they are for the future of chemical security. versations. Karl Rove, by the way, is cannot possibly push the envelope any When this Homeland Security appro- also on the list. further, they do. I am referring to two priations bill is passed and signed into Why in the world would it be appro- recent episodes: First, the Vice Presi- law, we will be able to definitively say priate to give the Vice President’s staff dent’s now infamous and incredible as- we have passed legislation that makes a green light to muck around in sen- sertion that his office is exempt from us smarter and stronger when it comes sitive Department of Justice affairs? an Executive order designed to protect to our Nation’s security. Based on my experience as a U.S. at- classified information because it is not, The bill ensures we are protecting, torney, I can think of no reason. get this, it is not an entity within the not neglecting, our critical infrastruc- So why did the Attorney General executive branch, and the Attorney ture; our first responders have more, himself issue a memo specifically au- General’s apparent complicity with not less, to do their jobs; and our thorizing that? Well, the Attorney this theory. States will have the critical resources General himself seemed to have no Executive Order No. 12958, as amend- they deserve. idea. When I asked him about it yester- ed by President Bush, regulates the I urge all my colleagues to support day, he said: classification, safeguarding, and de- this incredibly sound bill and take this As a general matter, I would say that classification of national security in- important step to getting our home- that’s a good question. I’d have to go back formation. It also requires the Na- land security funding where it should and look at this. On it’s face, I must say, sit- tional Archives’ Information Security be in finally meeting the challenge of ting here, I am troubled by this. Oversight Office to, among other securing our Nation. Well, Mr. Gonzales, I am troubled by things, conduct onsite inspection of I yield the floor. this too. Troubled but, unfortunately, Federal agencies and White House of- The PRESIDING OFFICER. The Sen- not surprised. fices to ensure compliance with these ator from Rhode Island. Not surprised because this adminis- important regulations. Mr. WHITEHOUSE. Mr. President, I tration has, at almost every turn, done Despite cooperating with the Na- ask unanimous consent that I be per- everything possible to enhance the tional Archives in 2001 and 2002, in 2003, mitted to speak for up to 10 minutes as power of the President and the Vice the Vice President abruptly decided he in morning business. President to dismiss Congress’s essen- was above complying with an Execu- The PRESIDING OFFICER. Without tial constitutional oversight respon- tive order, even one signed by Presi- objection, it is so ordered. sibilities, to disrupt the balance of dent Bush. power crafted by our forefathers and to Repeated attempts by the National f thwart those who would stand up and Archives to secure the Vice President’s ATTORNEY GENERAL GONZALES say: Enough is enough. cooperation or at least an explanation Mr. WHITEHOUSE. Mr. President, But now a chorus of Senators is fi- for noncompliance were met with si- yesterday, as you will recall, in the nally saying: Enough is enough. lence and then, apparently, an effort to Senate Judiciary Committee, Attorney When I ran for the Senate, I spoke abolish the office that had dared try to General Gonzales appeared. I spoke often about the need for a check on the enforce the law. with him about a seemingly simple Bush administration’s relentless abuse In the meantime, in January 2007, concept, the impartial administration of power. Now, after having served in the National Archives referred the 1 of justice. this great institution for only 6 ⁄2 question to the Department of Justice But, as is so often the case with this months, I feel more strongly than ever for clarification, as to whether the administration and with this Attorney that it is vital for our Democratic ma- Vice President is an executive branch General, the simple is often confused, jority to serve as an essential bulwark entity required to comply with an Ex- and what should be impartial is often against an imperial executive branch. ecutive order. You might think that in tainted with politics. Without 60 votes, we cannot get 6 months the Department of Justice I asked the Attorney General about things done over objection from the would produce a memo stating the Vice the administration’s policy regarding other side as often as we would like. President must comply with Executive communications between staff at the But with a majority, we can at least orders and that he is, in fact, as we all Department of Justice and at the stop some of the mischief. We can stop know, in the executive branch. White House, about ongoing investiga- them from politicizing everything from Well, you would be wrong. The Vice tions and cases. This kind of conversa- Government-funded scientific research President makes an argument that tion, of course, should be very limited to U.S. attorney’s offices, Government would flunk an elementary school in scope. Until recently, it was. functions that have historically oper- civics test so he may circumvent safe- Attorney General Janet Reno wrote, ated entirely free of partisan influence. guards on national security informa- in a 1994 letter to White House Counsel We can spotlight their efforts to undo tion. The Attorney General goes along Lloyd Cutler: our system of checks and balances, with this by refusing even to respond their penchant for unneeded secrecy, to a letter seeking clarification of the Initial communications between the White and often, disregard for the law and our House and the Justice Department regarding law, which is a core function of the De- any pending Department investigation or American principles. partment of Justice Office of Legal criminal or civil case should involve only the We can call them out when they use Counsel. White House Counsel or Deputy Counsel (or national security as a shield against le- What is going on here? Second, in President or Vice President), and the Attor- gitimate oversight and as a weapon this ignominious list is the President’s

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9867 personal intervention to deny security tinue this effort, challenging the ad- open mind. I attended his nomination clearances to investigators from the ministration to work for the Demo- hearing and tried to give him the ben- Justice Department’s Office of Profes- cratic Congress, to stop playing poli- efit of the doubt. Today I am sorry to sional Responsibility, or as we call it, tics with national security, and to end report I have only doubt about his ap- OPR, who were looking into the admin- the secrecy and abuse of power that pointment to this lifetime position. istration’s warrantless domestic sur- have become the hallmark of the Bush There are too many questions about veillance program. era. whether Judge Southwick would bring This is the first time ever an OPR in- I yield the floor and suggest the ab- a measure of fairness in cases involving vestigator was denied necessary clear- sence of a quorum. civil rights and the rights of ordinary ances to conduct their investigation. The PRESIDING OFFICER. The people in his court. This perception as Of course, the denial of security clear- clerk will call the roll. to whether he will be fair or even- ances had the intended effect: The in- The assistant legislative clerk pro- handed is determinative in my mind. vestigation by OPR was shut down. ceeded to call the roll. Whether you agree with that percep- Now, as we all know, the distin- Mr. DURBIN. I ask unanimous con- tion, it is there. guished chairman of the Senate Judici- sent that the order for the quorum call It is sad but accurate to report that ary Committee, Senator LEAHY, has be rescinded. Judge Southwick has lost the con- been forced to issue subpoenas to the The PRESIDING OFFICER. Without fidence of the civil rights community White House, the Office of the Vice objection, it is so ordered. in the State of Mississippi and across President, the Department of Justice, Mr. DURBIN. I ask unanimous con- the Nation. There is one case I wish to and the National Security Council, in sent to speak as in morning business. mention which may help explain why order to obtain information Congress The PRESIDING OFFICER. Without this has occurred. The case is called has sought for months related to the objection, it is so ordered. Richmond v. Mississippi Department of administration’s legal justification for Human Services. Because of the word- f ing in the case, it is unfortunate, I will the warrantless wiretapping program. NOMINATION OF JUDGE LESLIE If the White House’s refusal to honor be unable to read it into the RECORD; it SOUTHWICK would be inappropriate. But suffice it earlier congressional subpoenas and to say, in this 1998 case, the Mississippi turn over information on the U.S. at- Mr. DURBIN. Mr. President, one of State Court of Appeals ruled 5 to 4 to torney firings is any indication of the more challenging tasks for a Sen- reinstate and give back pay to a White things to come, we can expect more ator is not to stand in judgment of a employee who had been fired for call- stalling and more stonewalling by this bill or even a law or a policy but to ing a Black employee the ‘‘N’’ word. administration as Congress seeks to stand in judgment of a person. I served Judge Southwick was in the five-per- learn the truth. in the House of Representatives for 14 son majority and thus was the deciding Again, what is going on here? What is years before coming to the Senate. It is the one dramatic difference between vote in that case. going on, I believe, is a systematic ef- Here is the background. The plaintiff, fort on the part of the Bush adminis- the two bodies. Time and again we are called on in the Senate, in our capacity Bonnie Richmond, was a White em- tration, to twist, to partisan and polit- ployee who worked at the Mississippi ical advantage, threats to our national to advise and consent to Presidential nominations, to stand in judgment of Department of Human Services, a security as justification for conducting State agency with a 50-percent African- people. It is not an easy assignment. Government in secret and in darkness, American workforce. After referring to You have to, in a matter of a short pe- shadowed from congressional oversight an African-American colleague as a riod, maybe meet a person, read about and far from the light of public scru- ‘‘good ole’’ ‘‘N’’ word, Bonnie Rich- their background, and try to think tiny. mond, the white employee, was fired. ahead whether they are ready for the If this requires making preposterous She appealed her termination and was job they are being sent to do. For some arguments, such as the Vice Presi- successful. A State hearing officer re- it is only a temporary assignment. It dent’s, in their view, that is fine. If instated her. That decision was af- might be for a year or two or more in this requires taking unprecedented ac- firmed by the full Mississippi Em- a Federal agency with an important re- tion to deny clearance to Government ployee Appeals Board, then reversed by investigators, fine by them. If this re- sponsibility. I look at those judgments the State court trial judge. Judge quires dispensing with many years of and assignments seriously, but not Southwick’s court reversed it again, tradition and practice, distorting the nearly as seriously as the task of pick- ruling for the White employee who had plain language of Executive orders and ing Federal judges. A Federal judge, used the offensive racial epithet. Fi- abdicating the Department of Justice’s that man or woman, is appointed for a nally, the Mississippi Supreme Court watchdog role, again, fine with them. If lifetime. The decision you make about weighed in. The Mississippi Supreme this requires attempts to a evade even a person has to be done more carefully. Court unanimously reversed the major- a congressional subpoena, well, that is There has to be more reflection. If ity opinion which Judge Southwick apparently fine too. questions are raised about a person, had signed his name to, ordering the I will end where I began, with the their judgment, their values, their case to be remanded to determine an issue of communications regarding on- background, their veracity, their integ- appropriate punishment short of termi- going cases and investigations between rity, those questions are taken more nation for the White employee, Bonnie the White House and the Department seriously because that judge on that Richmond. of Justice. As Mr. Gonzales acknowl- bench will be the face of America’s law Mr. Southwick’s defenders point out edged yesterday, the greatest danger of for the rest of his or her natural life. that he didn’t write the opinion he infection of the Department of Justice As a member of the Judiciary Com- signed on to. That is certainly true. with improper political influence mittee, I come face to face with these But he didn’t have to sign on to it, if he comes from the White House. decisions on a regular basis and try to didn’t agree with it. He could have filed Along with Chairman LEAHY, I have do my best to not only help pick good a concurrence agreeing in the judg- introduced a bill to set the Reno-Cutler judges for my own State of Illinois but ment but not the reasoning. He chose policy for White House contacts as a to be fair in judging those the Presi- not to do so. The opinion Judge South- baseline and to require the Department dent, whether a Democrat or Repub- wick signed stated that the White em- of Justice and the White House to re- lican, sends to us for approval. ployee who used the ‘‘N’’ word in this port to Congress any time they author- There is a controversial nomination case ‘‘was not motivated out of racial ize someone else to have these sen- now pending for the U.S. Court of Ap- hatred or animosity directed toward sitive discussions. peals for the Fifth Circuit, the nomina- her co-worker or toward blacks in gen- It is my sincere hope this bill will tion of a local State judge in Mis- eral.’’ have bipartisan support. But this bill is sissippi named Leslie Southwick. I I don’t believe that is a mainstream only one small part of a larger effort to came to the Southwick nomination view in America. I don’t believe it is a restore checks and balances to our with no advance knowledge of the man mainstream view to say that the ‘‘N’’ Government. We must and we will con- or anything he had done. I truly had an word is ‘‘not motivated out of racial

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In a letter So when we speak of the Fifth Cir- as calling someone ‘‘a good old boy or sent to the Judiciary Committee, the cuit, and its history, and Federal Uncle Tom or chubby or fat or slim.’’ Congressional Black Caucus opposed judges, I think of Frank Johnson and Again, is that a mainstream view in the confirmation of Judge Southwick what he meant to America’s history America? and said: because of his courage. Recently a civil rights organization Our Caucus is most concerned about Mr. At Judge Southwick’s nomination had a symbolic ceremonial burial for Southwick’s ability to afford equal justice hearing, I wanted to be fair with him, the ‘‘N’’ word, saying it is time it be under law in the Circuit where racial dis- and I asked him a question which was removed from the American language, crimination has always been most pro- maybe one of the easiest questions you nounced. it is so offensive. For someone in Judge could ask of a nominee. I asked him to Southwick’s court to be so dismissive In another letter of opposition sent name a single time in his career or in of this term is truly to be insensitive. to the Judiciary Committee, the his life when he took an unpopular I don’t believe the opinion which Judge NAACP, the NAACP Legal Defense point of view on behalf of the voiceless Southwick signed on to reflected the Fund, National Urban League, and the or powerless. He could not name a sin- type of racial sensitivity we need in a Rainbow/PUSH Coalition said: gle instance. Federal judge. This position is a lifetime appointment. If I thought, perhaps that was not fair. The dissent in the case was eloquent confirmed, Southwick will often provide the final word on the civil rights of millions of The judge should be allowed to reflect and powerful. It said: minority residents within the Fifth Circuit. on that question. I will send it to him The [‘‘N’’ word] is, and has always been, of- Historically, there have been some in writing and ask him: Was there a fensive. Search high and low, you will not time in your life when you sided, for find any non-offensive definition of this judicial giants in the Fifth Circuit who have served with great courage. Ala- example, with a civil rights plaintiff term. There are some words, which by their when your court was split? He could nature and definition are so inherently offen- bama used to be part of that Circuit. A sive, that their use establishes the intent to few years ago, I went to Alabama for not name a single case in his judicial offend. the first time as a guest of an organiza- career. I certainly agree with that powerful tion known as the Faith and Politics There has been a heavy focus placed dissent. I am sorry Judge Southwick Institute on Capitol Hill. It is a bipar- on Judge Southwick’s votes in the so- does not. tisan group, and it tries to blend some called ‘‘N’’ word case—which I have At his May 10, 2007 hearing, Judge views toward values with political de- discussed—and a custody case in which Southwick was asked if he still stood cisions. he voted to take an 8-year-old girl by his vote in that case. He said he did. Under the leadership of JOHN LEWIS, away from her lesbian mother. I find that very troubling. the Congressman from Atlanta, GA, I disagree with Judge Southwick’s This is particularly important given who was a pioneer in the civil rights position in these cases. I think, sadly, the context of this nomination. This movement, we went down to visit some they show an inclination toward intol- Fifth Circuit covers the States of Mis- of the key places where the civil rights erance and insensitivity. But I am sissippi, Texas, and Louisiana. Those struggle occurred. sympathetic to the argument that three States have the largest percent- We went to Birmingham and Mont- these are only two cases out of thou- age of minority residents of any Fed- gomery and Selma, AL. I had to leave sands in which he has taken part. How- eral circuit in America—44 percent. a little early, and so it appeared I ever, it is not the end of the story. The State of Mississippi has the largest would not have a chance to visit the A business group in Mississippi percentage of African Americans of any Edmund Pettus Bridge, the notorious looked at 638 cases during an 8-year pe- State in the Union—36 percent. bridge where the march from Selma riod of time and rated Judge South- There are 19 judges on the Fifth Cir- was stopped with violence. John Lewis, wick as the judge on the Mississippi cuit. Of those 19, only one is African typical of what a fine person he is, Court of Appeals most likely to rule American. That would be Judge Carl said: I will get up extra early Sunday against common, ordinary people, em- Stewart of Louisiana. morning. I will drive you over there. ployees suing their employers. Another Now, some have suggested that re- You and I will walk across the bridge study showed he voted with companies cent nominees to the Fifth Circuit re- together. and employers, businesses and powerful flect a deliberate design to protect this Well, Senator SAM BROWNBACK joined interests, in 160 out of 180 cases in imbalance. Others say it is a conscious us, and I am sure Senator BROWNBACK which there was a split decision. disregard of the obvious unfairness. felt as I did, that it was an extraor- Many groups that do not normally The most generous view is that it is dinary day. That early, cool Sunday take a position on a Federal judge have only a coincidence. morning, JOHN LEWIS took us across spoken out against Judge Southwick. Two previous nominees to this Fifth that bridge and showed us the point There are many positive things about Circuit seat—Charles Pickering and where he had been clubbed and almost this judge’s life. He has served his Michael Wallace—were not confirmed killed, as he tried to walk on that civil country. He has served in the military. because of their anti-civil rights back- rights march. And I am sure he has done many good grounds. I will never forget that scene. As a things. But when a Senator has to Judge Pickering had unethically college student, I thought that maybe I make a decision about a lifetime ap- tried to lower the prison sentence for a could be there at that march. As luck pointment to a critical circuit court convicted cross burner. Mr. Wallace de- would have it, I was not. I have regret- position, in a controversial area, where fended the discriminatory policies of ted it ever since. But to be there that we have had a string of controversial Bob Jones University and was so noto- moment with JOHN LEWIS a few years nominees, you have to take that very rious for his hostility to civil rights ago really was a touching experience. seriously. that the American Bar Association As we were driving back from the Ed- There is just too much doubt about gave him a rating of ‘‘not qualified.’’ mund Pettus Bridge, JOHN LEWIS said whether Judge Southwick will have an The Southwick nomination has be- to me: Do you know who the real hero open mind when it comes to civil rights come a controversial nomination, with was that day? It was Federal Judge and the rights of ordinary people in his more focus than any other current cir- Frank Johnson of Alabama. Johnson court, and that is why I will oppose cuit court nomination I can think of on ordered the integration of Montgomery him if he comes before the Judiciary the racial issue. Time and again, the buses after Rosa Parks’ protest in 1956, Committee. nominees sent by the White House to and he was the one who allowed that A final word. Senator PATRICK the Senate Judiciary Committee fail march in Selma to take place. Because LEAHY, the chairman of the Senate Ju- the most basic test as to whether they of Judge Johnson’s courage, he was diciary Committee, has said he will

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9869 call Judge Southwick for a vote when- Mr. BYRD. Mr. President, I thank my tion security, and for first responder ever Senator SPECTER and the Repub- friend and colleague, the very able and grants as excessive. lican minority want his name to be distinguished Senator from South The President has every right to called. I do not know how my col- Carolina, for his characteristic cour- make this threat, but, in my view, the leagues on the Democratic side will tesy. view of this West Virginia moun- vote. I know many of them share my Mr. President, this morning, we re- taineer, the threat is irresponsible. Let misgivings. turn to the consideration of the fiscal me say that again. In my view—and I Judge Southwick has had a hearing, year 2008 Homeland Security appro- am a U.S. Senator—the threat is irre- which is more than can be said for priations bill. The Appropriations Com- sponsible. many nominees from the Clinton ad- mittee, by a vote of 29 to 0, produced a If the President is going to scare the ministration—over 60 judicial nomi- balanced and responsible bill. Nation by issuing intelligence esti- nees were bottled up in the Senate Ju- The bill includes significant re- mates that say the threat of a terrorist diciary Committee during those years, sources for border security, for enforc- attack is persistent and evolving, he, never even given the dignity or cour- ing our immigration laws, and for im- the President—President Bush—has a tesy of a hearing and vote. Judge proving security at our airports. We in- responsibility to back it up with re- Southwick had his hearing. He had his clude—we include, may I say—signifi- sources to deter that threat. The Ap- opportunity to speak and answer ques- cant new resources for implementing propriations Committee recognizes the tions, unlike dozens of Clinton nomi- the SAFE Port Act. We also restore threat, and the Appropriations Com- nees who never had that chance. cuts in the first responder grants pro- mittee of the Senate has responded re- Now his record is there for everyone gram. sponsibly. to view, and his name is there if the Last week, the administration re- I ask unanimous consent to have Republicans decide they wish to call leased its latest National Intelligence printed in the RECORD the Statement him for a vote. This is not obstruc- Estimate concerning the terrorist of Administration Policy dated July 25, tionism. This is the process as it threat to the U.S. homeland. Hear me 2007. should work. I urge my colleagues, par- now. I will say that again. Last week, Mr. President, I yield the floor. ticularly from the State of Mississippi, the administration released its latest There being no objection, the mate- if Judge Southwick does not prevail, I National Intelligence Estimate con- rial was ordered to be printed in the hope they will be able to find in that cerning the terrorist threat to the U.S. RECORD, as follows: great State someone who can be homeland. That is right here, the U.S. STATEMENT OF ADMINISTRATION POLICY, S. brought to this nomination who will homeland. I will quote from the report. 1644—DEPARTMENT OF HOMELAND SECURITY not incur the wrath and doubt that This is not just ROBERT BYRD talking. APPROPRIATIONS ACT, 2008 Judge Southwick has over his decisions Let me say that again. Last week, (Sponsor: Senator Byrd (D), West Vir- and over his testimony before the Sen- the administration released its latest— ginia.) I am talking about the administration, The Administration strongly opposes S. ate Judiciary Committee. 1644 because, in combination with the other Mr. President, I yield the floor. the Bush administration, the adminis- FY 2008 appropriations bills, it includes an The PRESIDING OFFICER. The Sen- tration in control of the executive irresponsible and excessive level of spending ator from South Carolina. branch—the administration released and includes other objectionable provisions. f its latest National Intelligence Esti- The President has proposed a responsible mate concerning the terrorist threat to plan for a balanced budget by 2012 through HOMELAND SECURITY the U.S. homeland. I will quote from spending restraint and without raising taxes. Mr. GRAHAM. Mr. President, a bit the report: To achieve this important goal, the Adminis- tration supports a responsible discretionary later I will be calling up an amendment We judge the U.S. Homeland will face a to the Homeland Security appropria- spending total of not more than $933 billion persistent and evolving terrorist threat over in FY 2008, which is a $60 billion increase tions bill pending before the Senate. I the next three years. over the FY 2007 enacted level. The Demo- would like a moment, if I could—— That ought to make us sit up and cratic Budget Resolution and subsequent The PRESIDING OFFICER. If the take notice. I am going to say it again. spending allocations adopted by the Senate Senator will suspend. Hear me. Appropriations Committee exceed the Presi- Mr. GRAHAM. Yes, I certainly will. I Last week, the administration re- dent’s discretionary spending topline by $22 believe Senator BYRD wants to make a leased its latest National Intelligence billion causing a 9 percent increase in FY statement first. Estimate concerning the terrorist 2008 discretionary spending. In addition, the Administration opposes the Senate Appro- f threat to the U.S. homeland. I will priations Committee’s plan to shift $3.5 bil- CONCLUSION OF MORNING quote from the report: lion from the Defense appropriations bill to BUSINESS We judge the U.S. Homeland will face a non-defense spending, which is inconsistent persistent and evolving terrorist threat over with the Democrats’ Budget Resolution and The PRESIDING OFFICER. Morning the next three years. The main threat comes risks diminishing America’s war fighting ca- business is closed. from Islamic terrorist groups and cells, espe- pacity. f cially al-Qa’ida, driven by their S. 1644 exceeds the President’s request for undiminished intent to attack the Homeland programs funded in this bill by $2.2 billion, DEPARTMENT OF HOMELAND SE- and a continued effort by these terrorist part of the $22 billion increase above the CURITY APPROPRIATIONS ACT, groups to adapt and improve their capabili- President’s request for FY 2008 appropria- 2008 ties. . . . tions. The Administration has asked that [W]e judge that al-Qa’ida will intensify its The PRESIDING OFFICER. Under Congress demonstrate a path to live within efforts to put operatives here. the President’s topline and cover the excess the previous order, the Senate will re- Let me repeat that word—here, H–E– spending in this bill through reductions else- sume consideration of H.R. 2638, which R–E. where. Because Congress has failed to dem- the clerk will report. Yesterday, in light of this latest onstrate such a path. if S. 1644 were pre- The legislative clerk read as follows: threat assessment from the Govern- sented to the President, he would veto the bill. A bill (H.R. 2638) making appropriations ment’s most senior intelligence ana- for the Department of Homeland Security for The President has called on Congress to re- the fiscal year ending September 30, 2008, and lyst—I better read that again. Yester- form the earmarking process that has led to for other purposes. day, in light of this latest threat as- wasteful and unnecessary spending. Specifi- Pending: sessment from the Government’s most cally, he called on Congress to provide great- senior intelligence analyst, I urged the er transparency and full disclosure of ear- Byrd/Cochran amendment No. 2383, in the President to reconsider his veto threat marks, to put them in the language of the nature of a substitute. bill itself, eliminate wasteful earmarks, and Bingaman amendment No. 2388 (to amend- of this bill. This morning, we received to cut the cost and number by at least half. ment No. 2383), to provide financial aid to the White House’s response. The Presi- The Administration opposes any efforts to local law enforcement officials along the Na- dent has said he will veto this bill be- shield earmarks from public scrutiny and tion’s borders. cause he, the President—President urges Congress to bring full transparency to The PRESIDING OFFICER. The Sen- Bush—regards the additional spending the earmarking process and to cut the cost ator from West Virginia. for border security, port security, avia- and number of earmarks by at least half.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9870 CONGRESSIONAL RECORD — SENATE July 25, 2007 The Administration would like to take this approximately $8.5 billion will be unspent and buildout of the St. Elizabeths campus, opportunity to share additional views re- and available for preparedness projects in FY which is the first critical step toward a con- garding the Committee’s version of the bill. 2008. Rather than appropriating additional solidated DHS headquarters. SECURING OUR BORDERS unjustified dollars, Congress should work to- The Administration is strongly opposed to The Administration has requested a total gether with the Administration to ensure any effort to reduce, limit, or delay funding of $11.8 billion in FY 2008 for border security that existing dollars are being appropriately for DHS human resources initiatives. The and interior enforcement measures, rep- spent and to develop a better understanding bill provides only $5 million of the $15 mil- resenting a nearly 50 percent increase since of what reductions in risk and increases in lion requested for a human capital system, State and local capabilities will be achieved FY 2006. The Administration is pleased that whi?h would severely impact support to with these unspent funds. The Administra- the bill supports the requested funding for basic human resource services and develop- tion strongly believes that the FY 2008 re- strengthening border security by adding 3,000 ment of practices designed to meet the De- quest level of $2.2 billion is appropriate and new Border Patrol agents, enhancing inte- partment’s diverse personnel requirements. allows the Federal Government to meet na- rior enforcement efforts, and providing $1 While the Administration understands the tional priorities and stand together with billion for fencing and other infrastructure need for prompt delivery of reports to Con- State and local first responders in preparing improvements through the Secure Border gress, the requirement to deliver reports on for terrorist attacks and other major disas- Initiative. The Senate is asked to support complicated matters before receiving fund- ters. Further, the Administration is opposed other key elements of the Administration’s ing could inhibit the Department’s efforts to to the creation of a new regional prepared- effort to control our border as well. carry out its mission. Congress already re- The Administration strongly objects to the ness grant program, which would be duplica- quires more than 1,000 appropriations-related $100 million reduction to the US–VISIT budg- tive of current programs. While the Adminis- DHS reports and is urged to ease the admin- et. While the Administration appreciates the tration strongly supports efforts to enhance istrative burden upon DHS and reduce the Senate’s support for the Unique Identity pro- preparedness on a regional scale, existing additional reports required in the bill. gram, US–VISIT cannot collect and analyze grant programs currently offer strong incen- The Administration objects to the provi- 10-print or move towards completing IDENT/ tives for regional collaboration through sion that would prohibit the use of funds for IAFIS interoperability without the full re- State homeland security strategies and pro- further data center development until the quest, as these funds are necessary to crit- grams. National Center for Critical Information ical support operations and key program CHEMICAL FACILITY SECURITY Processing is fully used. The Department is management and support functions, such as The Administration opposes section 531, consolidating its data center operations into data center operations and fingerprint exam- which would prevent the Department of two primary facilities and this provision iners. This shortfall will deny DHS and the Homeland Security (DHS) from establishing would limit the Department’s ability to im- FBI the ability to search each other’s data- and enforcing, for the first time, a single, na- prove and streamline its data management bases using a full 10 fingerprints, to assist tional performance-based standard for en- capabilities. with terrorism and criminal investigations. hancing the security of high-risk chemical The Administration appreciates the impor- The Administration opposes any provision facilities. Allowing State preemption of Fed- tance of GAO’s ability to conduct inquiries delaying Western Hemisphere Travel Initia- eral law could thwart DHS’s efforts to estab- efficiently and effectively, and DHS is tak- tive (WHTI) implementation at our land and lish a national chemical facility security ing action to speed its response to GAO re- sea borders to June 2009. The Administration framework. Separately, while the Adminis- quests. However, the Administration objects is committed to working with Congress and tration would prefer that Congress not re- to the requirement that DHS revise depart- the public to implement WHTI in a manner strict the Department’s authorities in this mental guidance regarding relations with that will cause as little disruption as pos- manner, the Administration notes that the GAO in consultation with the Comptroller sible, while providing Americans with the approach taken by this bill would cause less General. Congress’s directing the adoption of enhanced security that they expect. Re- disruption to the chemical security program certain truncated deadlines and procedural cently, the U.S. Departments of State and than language contained in the House hurdles is inconsistent with the principle of Homeland Security announced that U.S. citi- version of the bill, H.R. 2638 which in addi- separation of powers, because it would inter- zens traveling to Canada, Mexico, the Carib- tion to allowing State preemption, would fere with the time-tested process of accom- bean, and Bermuda, by air, who have applied also lessen the protection of sensitive infor- modation between the Executive and Legis- for but not yet received passports can never- mation relating to the security of these fa- lative branches. theless temporarily enter and depart the cilities. The Administration strongy objects to sec- United States with a government issued SECRET SERVICE tion 502, which would suspend for FY 2008 the photo identification and proof of application The Administration strongly objects to the DHS Secretary’s authority to reorganize the for a passport from the Department of State elimination of $3.1 million for presidentially Department to rapidly meet changing mis- through September 30, 2007. The federal gov- designated Secret Service protection for Ex- sion needs. ernment is making this accommodation for ecutive Office of the President (EOP) per- NATIONAL COMMUNICATIONS SYSTEM air travel due to longer-than-expected proc- sonnel, which leaves these costs unfunded for The Administration is concerned with the essing times for passport applications in the FY 2008. In addition, beyond FY 2008, the un- level of funding provided for Next Generation face of record demand. In addition, earlier certainty of who will be protected and how Network priority telecommunications serv- this summer, DHS announced that it will ac- much the Secret Service protection will cost ices. Without the full request, the Wireless cept an expanded list of secure documents at would create an unnecessary burden for the Priority Service and Government Emergency land and sea ports of entry when WHTI be- EOP. Telecommunications Service would lose cov- comes effective on January 31, 2008. The Administration also strongly objects erage as communications carriers migrate The Administration is concerned by the de- to section 516(b) that would limit the Secret from circuit-switched networks to packet- cision to significantly reduce funding for the Service’s protective mission by creating a switched networks, preventing national se- Secure Flight program, which addresses crit- burdensome reimbursable mechanism in lieu curity decision makers from receiving of the appropriate flexibility needed to pro- ical vulnerabilities in the Nation’s aviation prioritized bandwidth for emergency commu- tect these officials. The Secret Service is security system. The program has been de- nications. layed for many years, and lack of sufficient better equipped to manage these costs. UNITED STATES COAST GUARD (USCG) funding in FY 2008 would further delay it be- PRINCIPAL FEDERAL OFFICIAL (PFO) yond the current target deployment of 2010. The Department of Homeland Security The Administration objects to section 529, TSA has provided all requested information supports the Senate bill’s omission of lan- which prohibits alteration of the Civil Engi- on the program and continues to work close- guage previously included in the House bill, neering Program of the Coast Guard. This ly with Congress and the Government Ac- H.R. 2638, which would prohibit funding language would severely limit USCG’s ad- countability Office (GAO) to meet the ten PFOs during disasters or emergencies. The ministration of its engineering programs, in- mandates specified in P.L. 108–334. Hence, Secretary of Homeland Security serves as cluding its ability to make such programs the Administration asks that Congress fund the principal Federal official for domestic in- more cost-effective, and undermine the Com- the Secure Flight program at the requested cident management. The PFO plays a valu- mandant’s authority under 14 U.S.C. 632. It level while providing TSA authority to able role as the representative of the Sec- would also significantly affect the Com- transfer sufficient funds, if needed, after retary in the field by coordinating Federal mandant’s efforts to realign the USCG’s mis- Congressional notification, to meet the ten operations to respond to and recover from sion support organization, of which civil en- requirements as soon as possible. terrorist attacks, major disasters, and other gineering activities and elements comprise FEDERAL EMERGENCY MANAGEMENT AGENCY emergencies. The Administration under- only one part. (FEMA) stands the need to clarify the chain of com- UNITED STATES CITIZENSHIP AND IMMIGRATION The Administration strongly opposes the mand for incident management and is cur- SERVICES (USCIS) dramatic increase of $1.8 billion for State rently revising the National Response Plan The Administration is disappointed that and local homeland security grant programs. to address this need. the bill does not include a provision nec- By the end of FY 2007, DHS will have pro- MANAGEMENT essary to clarify fee authority with respect vided over $23 billion in direct preparedness The Administration strongly supports to the USCIS Systematic Alien Verification support to State and local agencies of which funding provided in the bill for the design for Entitlements (SAVE) program. The

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9871 SAVE program serves the needs of numerous Senator JUDD GREGG has been one of illegal aliens and transfer them to the Federal, State and local agencies that need the leading advocates for stronger bor- Department of Homeland Security. It to verify immigration status for the purpose der security since I have been in the basically allows them to take money of determining eligibility for a wide variety Senate. from Homeland Security grants and of public benefit programs by providing them During the last immigration debate the necessary information from DHS records. apply it to the cost of detaining and in terms of a comprehensive approach COMPETITIVE SOURCING turning over illegal immigrants they to solving immigration policy, one of may run into and apprehend. The Administration strongly opposes sec- the things we seemed to find common tions 515 and 528, which impose restrictions As to visa overstayers, the 19 hijack- on competitive sourcing for work performed ground on was the idea of providing ad- ers who came into America who per- by the Immigration Information Officers at ditional border security. So the amend- petrated the acts of 9/11, I believe all of the U.S. Citizenship and Immigration Serv- ment I have just offered, which will be them—if not all of them, most of ices and the Federal Law Enforcement cosponsored by Senators GREGG, SES- them—were visa overstayers. Forty Training Center instructor staff. Depriving SIONS, KYL, CORNYN, MCCONNELL, percent of the illegal aliens in this DHS of the operational efficiencies gained by DOMENICI, MCCAIN, SUNUNU, MARTINEZ, country never come across the border; competition limits its ability to direct Fed- COLEMAN, SPECTER, and many others, they overstay their visa. This will eral resources to other priorities. Manage- seeks to build on what we did in the ment decisions about public-private competi- allow the Department of Homeland Se- tion and accountability for results should be last debate—to make it a reality in the curity to come up with a tracking sys- vested with the Department. area in which we have common ground. tem to better identify visa overstayers, The amendment has $3 billion in CONSTITUTIONAL CONCERNS who have proven to be in the past some Several provisions of the bill purport to re- terms of spending, emergency funding. of the most dangerous people in terms quire advance approval by congressional I would argue that the border security of threat to the homeland. It will allow committees prior to the obligation of funds. situation in this country and visa the agency to coordinate with local law These include sections 504, 505, 509, and 534; overstays are emergencies and that we enforcement mandatory detention and and under the headings, ‘‘Border Security have lost operational control of our deportation. Fencing, Infrastructure, and Technology,’’ border. We have lost the ability to and ‘‘Air and Marine Interdiction, Oper- It also gets tough on those who keep track people who come here on visas in coming back across the border. There ations, Maintenance, and Procurement,’’ terms of when their visas expire and U.S. Customs and Border Protection; ‘‘Sala- is this catch-and-release concept which ries and Expenses,’’ United States Secret whether they left, and we will pay a needs to end. That is why we have Service; ‘‘Management and Administration,’’ heavy price, not only economically and 45,000 new bedspaces to detain people, National Protection and Programs Direc- socially but from a national security give them the hearings required by perspective. Of the ‘‘Fort Dix Six’’ peo- torate; and ‘‘Indicator Technology,’’ United law, and under this amendment, if you States Visitor and Immigrant Status. ple who were caught conspiring to at- are caught coming back into the coun- Section 513 of the bill, which purports to tack Fort Dix, NJ, I think three over- try after you have been deported, it has prohibit the Executive Branch from screen- stayed their visas and three came ing certain airline passengers, should be mandatory jail time. across the border illegally earlier on in stricken as inconsistent with the President’s One reason we have 12 million people constitutional authority as Commander in their life. So this amendment puts the here is that no one seems to take our Chief to take steps necessary to protect the Senate and the American people’s laws too seriously, including ourselves. money where our mouth has been, and Nation from foreign attack. So now it is time to tell the world at Section 518 purports to prohibit the use of $3 billion will go a long way. large and those who would violate our funds with respect to the transmission of The goal of this amendment is to pro- certain information to Congress. This sec- vide complete operational control of laws that there will be a price to be tion could impede communications within the U.S.-Mexican border. It will in- paid, unlike the current system; that if the Executive Branch and could undercut the crease the number of Border Patrol you are caught coming back into the President’s constitutional duty to ‘‘take country after you have been deported, care that the Laws be faithfully executed.’’ agents to 23,000. It will allow us to ap- propriate four new unmanned aerial ve- there will be mandatory jail time. This The Administration urges the Senate to de- has been tried in some areas of the bor- lete the provision. hicles, 105 ground-based radar camera towers, 300 miles of vehicle barriers, 700 der, and it has been enormously suc- The PRESIDING OFFICER (Mr. CAR- cessful. PER). The Senator from South Carolina miles of border fencing, and a perma- nent end to the catch-and-release pol- There are many parts in this bill re- is recognized. garding employment eligibility and AMENDMENT NO. 2412 TO AMENDMENT NO. 2383 icy with 45,000 new detention beds. This is a comprehensive border secu- verification. The pilot program to have Mr. GRAHAM. Mr. President, I offer biometric cards to determine employ- an amendment and ask for its imme- rity amendment. It also authorizes things we need to have authorized from ment will be expanded, and those who diate consideration. tell us about possible threats to our The PRESIDING OFFICER. The the last debate where we were not able to pass a comprehensive bill. It takes Nation’s transportation system or clerk will report. homeland, we are going to protect The legislative clerk read as follows: some of the stronger border security measures and makes them part of this them from civil lawsuits. If you are The Senator from South Carolina [Mr. trying to identify a problem and you GRAHAM], for himself, Mr. GREGG, Mr. SES- amendment. As I said, it will increase SIONS, Mr. KYL, Mr. CORNYN, Mr. MCCONNELL, the number of border security agents call your government and say: I think Mr. DOMENICI, Mr. MCCAIN, Mr. SUNUNU, Mr. to 23,000. It adds 14,500 new Customs there is a problem here, we are going to MARTINEZ, Mr. COLEMAN, and Mr. SPECTER, Border Patrol agents through fiscal make sure you don’t get sued for doing proposes an amendment numbered 2412. year 2012, increasing the overall num- your civic duty. Mr. GRAHAM. I ask unanimous con- ber to 30,000. The Sanctuary City prob- So it is a comprehensive approach. It sent that the reading of the amend- lem Senator COBURN identified—he has is a $3 billion dollar appropriation, and ment be dispensed with. modified his original proposal, and that within that appropriation, we have The PRESIDING OFFICER. Without is in this amendment. some change in policy that will secure objection, it is so ordered. This amendment authorizes a contin- the homeland in a better fashion than (The amendment is printed in today’s ued National Guard presence. It the current system does. If this is not RECORD under ‘‘Text of Amendments.’’) strengthens our laws to deny immigra- an emergency, I don’t know what Mr. GRAHAM. Mr. President, this tion benefits to aggravated felons, gang would be in terms of our national secu- amendment builds a little bit on what members, sex offenders, and child abus- rity interests. Senator BYRD is talking about. How ers. It really goes into our law and The one thing the Congress—the Sen- the threats to the Nation are real, how cleans up what is pretty much a mess ate and the House—should agree on im- to handle those threats, how much by making sure we have the ability to mediately, in my opinion, is gaining money we need, and where to put the detain and deport people who are dan- operational control, regaining oper- money are all honest and genuine de- gerous, who have been convicted of se- ational control of our border and con- bates. But I think we found some com- rious offenses. trolling the visa program that allows mon ground here as a nation from the It gives State and local law enforce- millions of people over time to come to last immigration debate. ment authorities the ability to detain the United States.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9872 CONGRESSIONAL RECORD — SENATE July 25, 2007 I would just make one point here. the cosponsors and the effort to do the reason. I have voted to make sure RAHM EMANUEL, one of the Democratic something constructive now. Let’s, for our troops are fully funded in Iraq. I House leaders, was quoted recently as heaven’s sake, not wait 6 more years am voting for this amendment because saying that his party will not attempt before we do something. Let’s seize the it will make sure we have the people comprehensive immigration reform moment, and the moment is now. we need on the border to assure that until at least the second term of a pro- I yield the floor. our national security is maintained. In spective Democratic President. That is The PRESIDING OFFICER. The Sen- maintaining security over the border, a chilling statement. I think that is a ator from New Hampshire is recog- this amendment, once and for all, will very dangerous thing to be saying at a nized. put into place the necessary funding— time when our Nation is under siege, Mr. GREGG. Mr. President, I ask this isn’t an authorizing event, remem- and to suggest to the American people unanimous consent that at the conclu- ber—to be sure we have the boots on that the Democratic leadership in the sion of my remarks, the Senator from the ground, the technology in place, House is going to put this topic off Maryland be recognized. and the detention capability in place in until the second term of a prospective The PRESIDING OFFICER. Without order to manage the border. Democratic President misses the point objection, it is so ordered. It takes the present situation where and really, literally, misses the boat. Mr. GREGG. Mr. President, before we are ramping up the 20,000 border This is an emergency if there ever was congratulating the Senator from South agents and increases that number to one, and the idea of putting this off for Carolina for bringing forward this ex- 30,000 by 2012, and prefunds it, for all 6 or 7 more years I think would be a na- tremely important amendment, let me intents and purposes. In addition, it tional security nightmare. It would be begin by congratulating the Senator gives us 45,000 detention beds, which is an economic and social mistake for the from West Virginia and the Senator what we need to stop the catch-and-re- ages in terms of the role the Congress from Mississippi, the senior members lease process. So when the border would play. of the Appropriations Committee, agents apprehend someone whom they So I urge my colleagues in the Sen- chairman and ranking member of the deem to be in this country inappropri- ate not to go down the road that Con- Appropriations Committee, who also ately, they have a place they can put gressman EMANUEL has laid out for the are chairman and ranking member of that person, where they can find them Democratic-controlled House; that is, the Subcommittee on Homeland Secu- until they make a final determina- putting this whole discussion off until rity, for bringing forward a bill which tion—when the court system makes a the second term of a prospective Demo- makes major strides toward addressing final determination of whether that cratic President. I couldn’t find a bet- our needs as a nation to protect our- person is illegally in this country and ter issue to show difference between selves and to make sure our borders are should be returned. myself and my colleagues in the House secure. The way the law works now, unfortu- at the Democratic leadership level This has been a very integral issue nately, we don’t have enough beds. than this issue. Not only should we do for both of these leaders for many What happens is the person gets de- this now on this bill at this moment, years. Senator COCHRAN, who chaired tained and the court system says re- we should have done this years ago. this committee before the Democratic turn in a couple weeks and we will dis- This is one of the issues facing the majority took over, and Senator BYRD, pose of whether you are here legally. American people where there is broad who was the ranking member on this For the most part, they don’t show up consensus by Republicans, Democrats, committee for years and has been inti- for court. This amendment will end and Independents. People want oper- mately involved in the effort to try to that practice of catch and release, and ational control of their borders. They make sure we adequately address I congratulate the Department for hav- want more money spent to secure their things like port security—their leader- ing worked hard to try to do this with borders and to control who comes to ship is extraordinary, and this bill is a the resources they presently have. the country, and for those who violate reflection of that. I do not want this In addition, this amendment will our laws and commit crimes, a better amendment to in any way imply they fully fund the commitment that we as process to detain them and deport have not made an extraordinary and a a Congress made at least 2 years ago them. That is exactly what this amend- very effective effort to move forward now to put into place the necessary ment does. with border security because within hard fence and the virtual fence so that I believe our thinking on this amend- the context of the dollars they had we know who is crossing the border, or ment is very much in line with the available to them, they have done ex- when someone is crossing illegally, and American people. They see this very cellent work. we can stop, as well as possible, those much as something we should have What this amendment does, how- who attempt to enter illegally. We done a long time ago. Let’s not forgo ever—and I congratulate the Senator know we need hard fencing in urban this opportunity. We tried just a few from South Carolina for bringing it for- areas and we need virtual fencing along weeks ago, and that failed; a chance of ward—is acknowledge the fact that we the less populated areas. We put out a having comprehensive reform failed. I have an emergency here. It is as big plan and hired a contractor to put up feel an obligation to join forces with and important an emergency relative the virtual fencing. This amendment people who were disagreeing with me to national security as the war in Iraq guarantees that that virtual fencing, on a comprehensive approach to find is. I look at them pretty much as the which involves a lot of electronics and common ground. I think the country is same type of national emergency. The air observation through Predators and urging us to find that common ground. issue of controlling our borders is an the equipment necessary, such as heli- I believe this is a great place to start. issue of national security, of making copters and vehicles, will enable the The Border Security First Act of 2007 sure that we as a country are safe and people on the ground to apprehend has been a product that has been bipar- we maintain our viability as a nation. these individuals who come in illegally tisan in nature. It is a collaborative ef- A country that doesn’t control its bor- where the crossing occurs, and it in- fort between people who have a com- ders is not safe and will lose its viabil- volves the necessary resources and cap- mon view of our border security needs, ity as a nation. So nothing is more im- ital investment to accomplish all of and it is good legislation. It is needed portant to us from the standpoint of that, which is absolutely critical. money at the right time. It is policy protecting national security and mak- It has the capital resources in it nec- changes that will make us safer as a ing sure we get operational control essary to get the job done of protecting nation. over the borders, which the Senator our borders, and the American people, I would like to recognize Senator pointed out effectively, as this amend- if this amendment passes, will be able JUDD GREGG’s efforts over many years ment moves forward. to look at the dollars that have been to push the administration—and the Some have said: Why would the put into the pipeline, which will ac- Senate particularly—to deal better former Budget Committee chairman, complish what is the first thing the with the lack of control on our borders. and now ranking member, be willing to American people want relative to im- I look forward to talking about this offer an emergency resolution which migration reform, which is secure bor- amendment further. I appreciate all brings this bill up by $3 billion? That is ders.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9873 I supported the last comprehensive they have probable cause. This bill Mr. BYRD. Mr. President, I thank immigration bill. I was one of the few gives that authority. the very distinguished Senator from members on our side who voted for This is a good and appropriate piece Maryland, the able Senator, for yield- that bill. I believe we need to do some- of legislation for us to take up at this ing. thing in a comprehensive way. But I time. I recognize it puts the bill in fur- I rise to discuss the Graham amend- also recognize the reality of the situa- ther jeopardy because it is emergency ment. In total, in fiscal year 2008, the tion, which is that the American peo- funding and it adds $3 billion to the bill includes $11,377,816,000 for border ple will not move forward or will not bill. But this is a national security security programs within U.S. Customs accept movement in the area of com- issue and it needs to be done. I also rec- and Border Protection and U.S. Immi- prehensive immigration reform until ognize the Senator from West Virginia gration and Customs Enforcement. they are confident we have regained pointed out that this bill has received This is $1,288,302,000, or 12.7 percent, control over our borders. This amend- a letter from the administration saying above fiscal year 2007, and $338,846,000 ment accomplishes that. they may or may not—but implying above the President’s request. That is 3 In addition, there are a number of au- they would—veto it because it is over percent over the President’s request. thorizing events in here. I recognize their allocation. With these funds, by the end of fiscal that authorizing appropriations is Like the Senator from West Virginia, year 2008, there will be a total of 17,819 anathema to many of us. As was point- that concerns me a great deal because Border Patrol agents, 31,500 detention ed out eloquently by the Senator from I, again, must state that I don’t see a beds, and more than 12,700 immigration South Carolina, we don’t have effective whole lot of difference between fight- enforcement and detention personnel. immigration reform. So the vehicle for ing the war in Iraq and fighting the Additionally, the combined funding in accomplishing very targeted law en- war on the border to protect ourselves fiscal years 2006, 2007, and 2008 for bor- forcement reform—and this is law en- from people coming into this country der security fencing, infrastructure, forcement reform—in the area of pro- who may do us harm. Those are two and technology is more than $2.5 bil- tecting our borders is going to have to issues which merge in this entire ques- lion. fall to the Appropriations Committee. tion of how we fight the war on terror. Including the funding provided in It has not been unusual for the Appro- I can separate this bill from the other this bill, since 2004, on a bipartisan priations Committee to assume the appropriations bills that may be over basis under the leadership of Senators role of taking on an authorizing event the administration’s request—maybe in BYRD, CRAIG, and GREGG, Congress will when it is narrow and aimed at an agriculture, or in foreign operations, or have increased the number of Border issue of doing something that delivers in education and labor, or maybe in Patrol agents by 7,000, the number of a better service, and in this instance it transportation, which is the actual immigration enforcement personnel by is protecting our borders. That is not day-to-day operations of the Govern- 2,546, and the number of detention beds an unusual event for the Appropria- ment. But when it comes to fighting by 13,150. tions Committee. It is a lift, but it is the war on terror and protecting na- The President has threatened to veto something the Committee has done in tional security, I believe we have to do this bill because of what he considers the past and done rather well. I have everything necessary to accomplish to be ‘‘excessive’’ spending. However, it chaired a couple of committees where that, and that means, in this instance, is not ‘‘excessive’’ when we provide that has been done. fully funding the necessary people to funds to secure our borders. I support This is the time to do it. This is the go on the border and the capital re- continued bipartisan efforts to provide time to put into place the authorizing sources necessary to support those peo- funding for real border security. We do language necessary to do the dem- ple on the border. not yet have the amendment, but I onstration programs on US–VISIT, AMENDMENT NO. 2415 TO AMENDMENT NO. 2412 look forward to reviewing it. which we absolutely need, to address Mr. GREGG. Mr. President, at this I yield the floor. the issue of how you deal with criminal time, I send a second-degree amend- The PRESIDING OFFICER. The Sen- aliens who have committed a felony, a ment to the desk. ator from Maryland is recognized. rape, or are child abusers—that lan- The PRESIDING OFFICER. The Mr. CARDIN. Mr. President, first, I guage is in here—and to address the clerk will report. thank Senator BYRD and Senator COCH- issue of how you deal with sanctuary The legislative clerk read as follows: RAN and the members of the Appropria- cities, and especially give State and The Senator from New Hampshire [Mr. tions Committee for the fine work they local law enforcement individuals the GREGG] proposes an amendment numbered have done on this 2008 Department of 2415 to amendment No. 2412. authority to be an adjunct to the law Homeland Security appropriations bill. enforcement effort being put forward Mr. GREGG. Mr. President, I ask As has been pointed out, this will by border control and Customs in the unanimous consent that reading of the provide $2.2 billion more than the area of making sure our borders are se- amendment be dispensed with. President’s request for homeland secu- The PRESIDING OFFICER. Without cure. rity. I note that it received the unani- When someone comes through the objection, it is so ordered. mous support of all members of the The amendment is as follows: northern border, for example—we don’t committee, and for good reason: It is have a lot of security on the northern At the end of the amendment, add the fol- lowing: an important investment in the secu- border in the sense that we have it on This division shall become effective one rity of our Nation. It provides the the southern border because it is most- day after the date of enactment. needed resources so we can deal with ly forest or terrain that is not open. Mr. GREGG. This amendment simply the security concerns in our own coun- People can cross that border fairly changes the date, Mr. President. It is a try, whether they be at our airports, quickly and easily and always have technical amendment. I appreciate the seaports, rail stations, or in our home been able to. We don’t have the same courtesy of the Senator from Maryland communities. That is what we should problem on the southern border. We in allowing me to proceed and, obvi- be doing. It should be our highest pri- have waves of people coming in there. ously, the Senators from West Virginia ority. I congratulate the committee for Most of the first individuals coming in and Mississippi. the manner in which it considered this at the northern border will usually The PRESIDING OFFICER. Under legislation and has brought it forward. meet people of a law enforcement na- the previous order, the Senator from I urge us to move it forward as rapidly ture, but not our Customs and Border Maryland is recognized. as possible. Patrol agents. It is probably going to Mr. CARDIN. Mr. President, first, I Two weeks ago, Michael Chertoff, the be somebody south of there, in Epping, yield to the chairman of the com- Secretary of the Department of Home- NH, or in New Ipswich, who says I want mittee, the Senator from West Vir- land Security, said he had a gut feeling to know if you are here legally, and ginia, who I understand would like our Nation is at an increased risk of a they have to have some authority to be some time to respond to the amend- terrorist attack this summer. While I able to raise that issue. They have to ment offered. hope his warnings would be based on have probable cause. They have to have The PRESIDING OFFICER. The Sen- more than a feeling, the National Intel- the authority to step forward when ator from West Virginia is recognized. ligence Estimate released last week

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9874 CONGRESSIONAL RECORD — SENATE July 25, 2007 supports Secretary Chertoff’s instincts. quest as authorized—as authorized—by cargo placed on passenger aircraft, and Based upon the facts before it, the Na- the SAFE Port Act of 2006, which the that is what we should be doing. tional Intelligence Council judged that President signed. These grants will The bill provides nearly $530 million, al- ‘‘the U.S. homeland will face a per- provide Maryland with critical support most $90 million above the President’s re- sistent and evolving terrorist threat.’’ to improve perimeter fencing, under- quest, to purchase and install explosive de- Al-Qaida has ‘‘protected and regen- water detection capability, and en- tection equipment at airports around the erated key elements of its Homeland hanced video surveillance systems. country. We need to do that. We need to have attack capability’’ and is now as strong I am pleased the committee recog- the latest equipment for explosives at our airports. as it was in 2001. The NIE states that nizes the importance of the Coast ‘‘the United States currently is in a Guard’s presence at Curtis Bay, MD, I am disappointed the committee was heightened threat environment.’’ and notes it is a ‘‘critical component of forced to shift $45 million from con- Based upon that, it is disheartening the Coast Guard’s core logistics capa- tainer security to secure pathways, that while the intelligence community bility’’ and ‘‘directly supports fleet such as airfreight. We should not be in is discovering evidence of an increased readiness.’’ a position where we have to make threat to this country, President Bush The committee further recognizes those kinds of choices. has recommended cutting funding to the vital role the yard has played in We must do more to ensure the safe- grant programs that secure our ports, ‘‘the Coast Guard’s readiness and infra- ty of the Nation’s chemical facilities. airports, and bolster local law enforce- structure for more than 100 years’’ and Enhanced security requires strong reg- ment and fire departments around recommends ‘‘that sufficient industrial ulatory standards and policies attuned Maryland and our Nation. work should be assigned to the Yard to to the risks faced by the communities The increased funding in this bill for maintain this capability.’’ I agree, and surrounding such facilities. In Decem- our port and aviation security and first I intend to do my best to make sure ber 2006, the Bush administration pro- responders will have a profound impact the committee’s recommendations are, posed regulations to preempt State and on my State of Maryland. in fact, followed. local governments from adopting Let me start with the Port of Balti- The bill provides $15 million above stronger chemical security protections more. It is one of our country’s most President Bush’s request to address a than those proposed by the Federal important ports and a significant eco- shortage of Coast Guard boats and Government. While the Federal Gov- nomic engine for our entire region, pro- qualified personnel to allow the Coast ernment must ensure chemical facili- viding more than 33,000 jobs in Mary- Guard to enforce security zones and ties meet minimal safety standards, land and generating $1.5 billion in rev- protect critical infrastructure. States must retain the ability to set enue every year. It is the Nation’s The bill provides $60 million above stricter standards to address the eighth largest port, handling about the President’s request for the estab- unique needs of their local commu- 2,000 ships and 3l million tons of cargo lishment of Coast Guard interagency nities. This bill ensures the essential each year. maritime operational centers author- ability of States to pass and enforce With the size of the Port of Balti- ized, again, by the SAFE Port Act of tougher chemical site standards than more, proximity to Washington, work- 2006, which will improve collection and existing Federal standards, and it pro- load, and productivity come increased coordination of intelligence, increase vides an additional $15 million to help risks. That is why I was a strong pro- information sharing, and unify efforts States meet those standards. ponent of the Security and Account- among Federal, State, and local agen- Again, I applaud the committee for ability for Every Port Act of 2006, the cies. providing that help. It is very impor- SAFE Port Act of 2006. This bill au- The bill gives equal attention to tant to the area I represent in Mary- thorized more funding for programs transportation security, providing $3.7 land, where we have so many chemical that are critically important to the se- billion for transportation security im- plants. curity of our ports, including risk- provements, $764 million more than the Despite tragically ample proof in the based port and cargo security grant President’s request. This funding in- wake of Hurricane Katrina that State programs, the development of a long- cludes $400 million for rail and mass and local governments were unprepared range ship-tracking system, the devel- transit security grants, $529 million for for a major natural disaster or ter- opment of a biometric transportation explosive detection systems, and $41 rorist attack, the President’s budget security card for port workers, and de- million for surface transportation secu- proposes a $1.2 billion cut in vital velopment of a system to identify high- rity. The bill provides the needed funds homeland security grant programs that risk containers. for passenger and luggage screening. provide critical support to local law These were all programs that, after These grants will provide much-need- enforcement and firefighting depart- hearings in the Congress, we felt were ed funding to protect airports in Mary- ments. critically important to secure our sea- land and across the Nation. In the past, I know we all talk about how impor- ports. I have worked with the Transportation tant these agencies are, our local fire- You can imagine my dismay and the Security Administration, TSA, to fighters, our local first responders. The distress of the public safety officials bring the latest high-tech devices to President’s budget cuts those funds. I and emergency planners in Maryland Baltimore, including state-of-the-art am pleased the Appropriations Com- when President Bush, who signed the equipment to scan baggage and pas- mittee did not follow the recommenda- SAFE Port Act, did not propose to fund sengers for explosives. I am proud the tion of President Bush but instead in- many of the new activities that legisla- BWI Thurgood Marshall Airport was creased funding by $1.8 billion over the tion authorized. I am grateful to the the first airport in the Nation to have President’s request for our States and Appropriations Committee for recog- a fully federalized screening workforce cities to improve their ability to re- nizing the risk to the Port of Balti- after the 9/11 terrorist attacks. spond to attacks and natural disasters. more and other ports around the coun- Despite continued threats to aviation These allocations include $560 mil- try. It provided the funds so we can security, President Bush sought to cut lion for firefighter equipment grants, move forward with those initiatives. funds to purchase and install explosive $525 million for State homeland secu- The bill will provide $15 million detection equipment at airports by 17 rity grants, $275,000 more than Presi- above President Bush’s request to hire percent. Once again, I thank the com- dent Bush’s request, and $375 million additional port security inspectors, mittee for not following the Presi- for law enforcement and terrorist pre- conduct vulnerability assessments at dent’s recommendation in that area. vention grants. 10 high-risk ports, and develop a long- This bill provides $66 million for TSA The committee also provided FEMA range vessel-tracking system so we can air cargo security, $10 million above with $100 million to rebuild its core monitor ships as they travel around the President’s request. When com- competencies and improve manage- the world. bined with the $80 million included in ment. I hope the Agency will make Most importantly, this bill provides the fiscal year 2007 emergency supple- wise use of these additional funds. $400 million in port security grants, mental appropriations bill, these funds Emergency preparedness officials in $190 million above the President’s re- will put TSA on a path to screen all Maryland are especially happy to see

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9875 increased allocations in FEMA’s budg- security measures will pose ‘‘to vital I am joined in this very important et for predisaster mitigation. Increased personal and civil liberties.’’ In other amendment by Senator NELSON of Flor- preparedness funding will lead to long- words, put our money where it is need- ida and Senator STABENOW of Michigan, term savings by decreasing subsequent ed based on risk assessment, but be and I thank my colleagues, and many damage claims. Most importantly, in- mindful of civil liberties. other colleagues, who are supportive of creased preparedness ensures we are S. 2 increases the amount of grant this idea. This will be a continuation of ready to keep our people out of harm’s money distributed based on risk, and it a very important, very productive pol- way. strengthens protections for all our icy we began last year. Last year, I I am pleased the bill contains critical most cherished liberties. I hope the again joined with Senator NELSON of resources to develop and implement Senate will get a chance to pass the Florida, Senator STABENOW, and many improved detection and communica- conference report to this bill before the others in coming forward with this spe- tions technology, improve communica- August recess. I look forward to send- cific amendment on last year’s Home- tions, and improve and streamline in- ing it to President Bush for his signa- land Security appropriations bill. telligence-gathering agencies. Better ture. It nicely complements the appro- We had a full and healthy debate on technology and intelligence are a crit- priations bill we are poised to pass in the topic. After that full and healthy ical part of us being prepared against the next day or two. debate, it passed the Senate floor 68 to threats. We need to do better on intel- Nearly 6 years ago, on a sunny Sep- 32. After it was retained in the con- ligence gathering, and this bill pro- tember morning, Americans received a ference committee and passed through vides help in doing that. terrible wakeup call, telling us we can the House and the Senate in the final Congress can provide resources, but be attacked here and we need to do version of the appropriations bill, this we cannot legislate appropriate action more to protect ourselves. Congress amendment and the policy was signed by DHS officials. All of us remember took that responsibility to heart, pass- into law. Because of that, we effec- with outrage how DHS officials placed ing legislation empowering the Presi- tively ended the practice by Customs the Washington, DC, and the New York dent to protect our Nation. and Border Patrol of seizing from City metropolitan areas in a low-risk I am proud to offer my support for Americans what are otherwise lawful, category for terrorist attacks or catas- this critical bill. Given the current safe, prescription drugs that happen to trophe. That decision was ridiculous. state of our national security and the be purchased from Canada—drugs most recent NIE report, it is impera- That decision, if it had been allowed to which are identical to those that can tive we pass this bill immediately. stand, would have cost those regions be purchased in the United States. millions of dollars of antiterrorist There is no time for delay. Again, Mr. President, I want to make Once again, I thank the leadership of funds and would have had a dev- clear to all my colleagues that this the Appropriations Committee for astating impact on their ability to re- amendment merely continues the im- bringing this bill forward. It deserves spond to attacks. Last year, many of portant work we began last year, which our support. I hope we will have a DHS’s grants were not released until received a very resoundingly positive chance to vote on it within the next December 29, 2006, the day before the vote of the full Senate—68 to 32. Why day or two so this bill can become en- end of the fiscal year. When the money do we need to continue that? Well, ev- acted in a timely way to meet the Congress appropriates sits around in erybody knows—everybody who buys needs of our Nation. Washington for more than 11 months, I yield the floor. prescription drugs, everyone who has Americans certainly are not any safer. The PRESIDING OFFICER. The Sen- an elderly parent, grandparent, or aunt The delay in releasing funds under- ator from Louisiana. whom they are helping in terms of mines the budget and plans of emer- Mr. VITTER. Mr. President, I ask those very real needs and costs—we are gency response agencies in all our com- unanimous consent to be recognized for burdened with sky-high prescription munities. The appropriations bill will up to 10 minutes and then immediately drug costs in this country, while vir- penalize DHS for releasing grants thereafter for my colleague on this tually the rest of the world pays far late—a reduction of $1,000 per day when issue, Senator NELSON, to be recognized greater reduced prices for exactly the mandated timelines are not met. Local for up to 10 minutes. same prescription drugs. That is the officials are hamstrung waiting for The PRESIDING OFFICER. Without system we are trying to break up and guidance and grant moneys from DHS. objection, it is so ordered. break through. That is what we are Once again, I thank the Appropriations AMENDMENT NO. 2400 trying to end in order to allow Ameri- Committee for putting that provision Mr. VITTER. Mr. President, I call up cans to have access to safe and cheaper in the bill. the Vitter amendment No. 2400, which prescription drugs from Canada, and This bill takes other unusual meas- is at the desk. elsewhere. ures, such as requiring the Department The PRESIDING OFFICER. Is there It is very important that we take to submit expenditure plans for key objection to setting aside the pending this step forward to continue the pol- programs to the committee for review matter? icy we started last year, to continue it before funds will be released. We saw Mrs. MURRAY. Mr. President, at this for this fiscal year, in order to allow the devastating results of incompetent time, I object to setting aside the Americans this opportunity. Again, I management in the disastrous days be- amendment. Certainly, the Senator can want to underscore several things, at fore, during, and after Hurricane speak on the amendment, but we are the risk of repeating myself. Katrina hit the gulf coast in 2005. working through the process on the No. 1, this is a continuation of what At the beginning of this month, the first amendment and are unable to, at we did last year by a vote of 68 to 32. Washington Post reported the Bush ad- this point, set it aside. Certainly, he is No. 2, this applies to individuals only, ministration had failed to fill roughly welcome to speak. and individual amounts of prescription one-quarter of the top leadership posts The PRESIDING OFFICER. Objec- drugs for individual use. We are not at DHS, ‘‘creating a ‘gaping hole’ in tion is heard. The Senator from Lou- talking about wholesalers, we are not the nation’s preparedness for a ter- isiana is recognized to speak on his talking about businesses getting into rorist attack or other threat.’’ These amendment. the business of buying from Canada. are serious problems the administra- Mr. VITTER. Mr. President, that is And, No. 3, this does apply to Canada tion needs to address immediately. disappointing because we have been in only. We are not talking about any Earlier this year, the Senate passed communication with all the floor lead- other country. S. 2, a bill implementing many of the ers of this bill to actually call up the Now, let me say straight off that I remaining 9/11 recommendations. Ever amendment, but I will certainly pro- support much broader and stronger re- since I served on the House Select ceed to speak on it. It is amendment importation legislation. I have sup- Committee on Homeland Security, I No. 2400, which is at the desk, which ported that position consistently since have strongly supported the 9/11 rec- would amend the Homeland Security I came to the Senate and before that ommendations that we distribute Appropriations Act to allow the rea- while I was in the House, and I am very homeland security money based on risk sonable reimportation of prescription hopeful that I will be successful, work- and ‘‘be mindful of threats’’ increased drugs from Canada only. ing with others on this issue, in passing

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9876 CONGRESSIONAL RECORD — SENATE July 25, 2007 that broader reimportation language States that have a border with Canada, nomena has always occurred to some this year. But in the meantime, this is maybe that helps them, but it doesn’t extent. a very important step forward that we help our constituents who live else- Perhaps these Senators will also visit must preserve into the next fiscal year. where in the country, particularly in a with local residents, such as farmers Mr. President, I yield the floor and State such as mine, Florida, where who have been able to graze their sheep invite Senator NELSON to share his re- they are trying to make financial ends longer during this warmer weather marks. meet. that now seems to be there. The PRESIDING OFFICER. The Sen- I recall for the Senate the fact that However, I wonder if, for a little his- ator from Florida is recognized. there are senior citizens in America torical perspective, the group will be Mr. NELSON of Florida. Mr. Presi- today who cannot afford the cost of visiting the Viking ruins on the south- dent, I want to discuss this bipartisan their prescriptions and the cost of their ern tip of Greenland. As someone inter- amendment, which we overwhelmingly food as well. They go in and they cut ested in history, I think such a visit passed last year as an amendment to their prescription tablets in half, would be very fascinating. I have al- the Homeland Security appropriations which, of course, does not solve their ways believed that we can learn a lot bill. It basically gets at one little thing problem. So what we are trying to do from history, so I am sure some value that we can do to protect against the is, in one little way here, to get at the could be found in such an excursion to rising cost of prescription drugs. cost of these drugs to be able to bring the Viking ruins at the southern tip of At the end of the day, what we are them down. Greenland. going to have to be able to do, on a big What we want to do is pass this As many of my colleagues may be program such as Medicare and the amendment. If we can get it up for a aware, archeologists have dug through Medicare prescription drug benefit, we vote, it will pass the Senate. What Sen- the permafrost to excavate the remains are going to have to give that negoti- ator is going to say to a senior citizen: of Viking farms, part of two major set- ating power to the Federal Govern- You cannot order prescription drugs tlements that at one time may have ment, through Medicare, to negotiate, from Canada at half the price. Every had up to 5,000 inhabitants, and those through bulk purchases, the price of Senator is going to vote for it, and settlements, presumably, lasted for the drugs in order to bring them down. then we will have to protect it again over 400 years. As we all know, Greenland was first Until we can get that—and we tried when it gets down in the conference settled by Erik the Red, who encour- earlier this year and we were not suc- committee with the House to see that cessful in getting 60 votes to cut off de- aged fellow Norsemen to join him in it doesn’t get watered down. And we colonizing the empty land that we call bate. So until we can get that, we have will have to protect against the put- to go at whatever avenue we can. Greenland today. These men grew ting in of such limitations as they have grain and grazed sheep and cows in pas- One way is to allow citizens to order, in the past, saying: Oh, well, the White through Canadian pharmacies, the very tures. They prospered, at least at first, House will approve this amendment if building structures like a great hall same drugs they get from American they make it subject to the Secretary pharmacies. And it is not only the and a cathedral, as well as homes and of HHS determining that it is safe. barns. The remains of about 400 stone same drug, it is manufactured in the Well, of course, they never make that same place—indeed, with the same structures still exist on Greenland. determination, so, in effect, it doesn’t For reasons I am not sure are fully packaging. They can order from Cana- ever happen. In point of fact, if you ask understood, sometime around the end dian pharmacies where they get that these officials privately, they will of the 15th century, the Viking settle- drug, in many cases, at half the retail admit that it is safe because it is the ment in Greenland disappeared. No one price they are paying in pharmacies in same drug, made by the same manufac- knows precisely why the Vikings dis- the United States. I am talking about turer, even with the same packaging. appeared from Greenland, but it ap- not only going across the border and So Senator VITTER and I will be offer- pears from the archeological evidence bringing it back, but I am talking ing this amendment later, at a time that life got somewhat harder and the about also being able to order by mail, that we are allowed under the par- climate became cooler and the land by telephone, and by the Internet with- liamentary procedure to offer it, just more difficult to farm, until Greenland out having U.S. Customs intercept and as we offered it last year, and I would could no longer sustain the Viking set- confiscate these packages. then encourage the Senate to pass it tlements. We went through this whole discus- overwhelmingly, just as we did last I had an opportunity to be reminded sion a year ago, and we pointed out the year. of this as I saw on the Discovery Chan- history of this program. We pointed Mr. President, I yield the floor. nel this week where they were talking out how Customs had gotten into it The PRESIDING OFFICER. Who about a small ice age overcoming the and were confiscating these packages. seeks recognition? Northern Hemisphere during the late Yet the Acting FDA—Food and Drug Mrs. MURRAY. Mr. President, I sug- 1400s, 1500s, and 1600s. Maybe that had Administration—Commissioner said it gest the absence of a quorum. something to do with the Viking set- wasn’t a safety factor if the drugs were The PRESIDING OFFICER. The tlements disappearing from Greenland. coming from Canada. I want to under- clerk will call the roll. But 500 years later, we are able to score Canada. I didn’t say another Mr. GRASSLEY. Mr. President, I ask catch a glimpse of what their life must country. I said Canada—if the drugs unanimous consent that the order for have been like by digging through a were for the personal use of the person the quorum call be rescinded. farm buried in that permafrost on ordering the prescriptions, and if they The PRESIDING OFFICER (Mr. Greenland. Only a little more time has were for a limited supply. And they de- MENENDEZ). Without objection, it is so passed since the Viking settlements fined that limited supply as 90 days or ordered. disappeared until today, than from the less—3 months. And, of course, that is Mr. GRASSLEY. Mr. President, I ask time they were established there in what a lot of our constituents have unanimous consent to speak for 3 min- Greenland until they were abandoned. been doing for years, and getting their utes as in morning business. Contemplating the passage of time prescriptions at less than half the cost. The PRESIDING OFFICER. Without over centuries humbles us by putting So we passed that amendment last objection, it is so ordered. our own short lifespan in historical year overwhelmingly. What happened CONGRESSIONAL DELEGATION TO GREENLAND perspective. It makes us realize that was, the pharmaceutical lobby got hold Mr. GRASSLEY. Mr. President, I un- God is ultimately in control and the of it when it got into the conference derstand we are going to have a group activities of human beings today are committee with the House and it got of Senators visiting Greenland this one tiny part of that divine plan. I watered down so you could do it as weekend to see the effects of global think, from time to time, we need to long as you traveled into Canada and warming on glaciers. I am sure they reflect that way, which is why I hope brought the drugs back. Well, for some- will visit areas where you can see ice- my colleagues visiting Greenland this body who lives in Detroit, maybe that bergs breaking off glaciers, presumably weekend have an opportunity to take helps them, or somebody who lives on more frequently than normal, due to time out of their schedule to visit the the northern end of any of the northern global warming, although this phe- Viking ruins.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9877 I suggest the absence of a quorum. To authorize money for a fence is not number of agents. In my opinion, some- The PRESIDING OFFICER. The to build a fence. That is the point. You body who has been involved in law en- clerk will call the roll. have to appropriate some money to forcement most of my career, I believe The assistant legislative clerk pro- build a fence. That was the gimmick, I we can get to a point where the word is ceeded to call the roll. believed all along, and that led to a out worldwide that our borders are not Mr. SESSIONS. Mr. President, I ask suggestion I made about having a trig- wide open, and if you come to the unanimous consent the order for the ger. Senator ISAKSON went into that in United States, you are likely going to quorum call be rescinded. some depth and offered the amendment be caught, unless you come legally. If The PRESIDING OFFICER. Without to have a trigger. The trigger said: Be- we do, we could see a substantial re- objection, it is so ordered. fore any of these other law changes duction in the number of people at- Mr. SESSIONS. Mr. President, I about amnesty or legalization of those tempting to come here illegally. But would like to share some thoughts on here illegally could occur, some other we have to get other agents out there the Graham-Gregg-McConnell amend- things had to happen first. If you didn’t to get to that point—so 23,000 would ment that has been offered this morn- spend the money on the others, this help a lot. It is more than this bill has ing and to support it. It is the Border would never happen. There was a trig- in it. Security First Act. It includes actual ger. That was a good idea, it was. It Another thing you have to have is de- funding which would be emergency dealt with the problem we were dealing tention beds. In other words, if you ar- funding. I think this is justified. with. rest someone for illegally entering our I know my colleague, Senator GREGG, There is cynicism that is out there country, if you are in a position where is a former chairman of the Budget because of what happened in 1986. Let’s they are released on a promise to come Committee. He is very astute and alert be honest about it, what happened in back for some proceeding because you that we do not abuse emergency fund- 1986 was amnesty occurred. They didn’t do not have a prison bed, a detention ing, and he believes this is a justified deny it was amnesty. They were giving bed in which to put them, they do not emergency—and I do too. In other people legal residence and path to citi- show up. We have examples of the words, how much longer can we con- zenship in 1986. But they promised to catch-and-release policy, where 95 per- tinue to have lawlessness at our bor- do the things necessary to create a cent of the people released on bail on a ders? This bill would go a long way in lawful system in the future and that it promise to come back for their hearing fixing that. Certainly, every aspect of would not happen again. Three million didn’t show up—surprise, surprise. the bill, I believe, is a positive step in people in 1986 were provided amnesty. They were willing to come to the coun- returning us to a lawful system of im- But as we all know, the promises were try illegally. Who thinks they are migration in America. never fulfilled. We did not create a law- going to show up legally to be de- One reason actually funding this ful system of immigration. We did not ported? How silly is that? It was an in- project, these efforts, through this bill do the things necessary to enforce our dication to me and the American peo- and through emergency spending is so laws at the border. As a result of that, ple that this Government was not seri- important is because we have a history we now have 12 million people illegally ous about immigration. We were not of promising things and not doing in our country. Right? That is what serious. Any government that allows them. Not this year but last year the happened. There is no mystery about such a silly, worthless, no-good policy bill came forward in the Judiciary this. This is actually fact. as that is not serious about it. Committee to comprehensively reform We had this bill that came up, the so- So this bill would add detention beds. immigration. I realized we had a short- called comprehensive reform bill. I ab- The underlying bill is at 31,000. This age of border enforcement officers, solutely believe it did not get us there. would take us to 45,000. Hopefully, that Border Patrol, and I offered an amend- That is why I opposed it. I made up my will take us to that tipping point, so ment to do that as part of that author- mind I was not going to participate in then we can say to a person who has ization bill, that immigration reform a legislative process that would tell been apprehended: We are not going to bill. It was readily accepted. our people of America, and my con- release you, we are going to hold you I offered an amendment that added stituents, we were going to create a until you are deported. Sometimes it is bed spaces, and it was readily accepted, lawful system in the future, if we were difficult, if they are from foreign coun- because I knew we needed more if we not going to do it. That is why a num- tries, distant countries, not our border were going to be effective. ber of people suggested we should have countries, to get them back to their I offered more funding to train State a border security first bill. That is countries. It takes some time to get a and local law enforcement. It was ac- what the House of Representatives said plane or a boat to ship them out. cepted. last year. They said they were not even Another thing that is a part of this— I offered amendments on fencing going to consider our bill because they certainly, if we are serious about immi- which were accepted as well—at least believed we ought to prove to the gration, one of the things we want to some of them. More on the floor were American people we could create a law- do is welcome legitimate help from our accepted. ful system of immigration first. State and local law enforcement agen- Then I had an insight that hit me. In this amendment, Senator GREGG cies. There are only a few thousand That insight was that when we pass an and Senator GRAHAM and Senator KYL Federal immigration agents inside the authorization, what occurs is we au- and MCCONNELL—many of those who United States—not at the border, I thorize certain legal changes. Those had supported the comprehensive re- mean inside the United States. There legal changes take place at once. For form—are saying let’s get some credi- are 600,000-plus State and local law en- example, the guaranteed path to citi- bility with the American people. I forcement agents. They basically have zenship in that immigration bill—it thank them for that. I believe this is a been blocked from being able to par- passed, it became law, it was guaran- step in the right direction. ticipate in any way. teed, it would happen no matter what. Senator GRAHAM and Senator There is, however, a program called a But I realized it was real easy for my GREGG—we discussed it recently with 287(g) provision that gives training to colleagues to agree to things that in- members of the press and they made State and local officers so they don’t volved enforcement that required the point: The American people want mess up, and they treat everybody ex- money, real dollars, to carry out be- to see we are serious about what we actly properly and help in an effective cause I realized they may have no in- promise first. That is why they support way to partner with Federal officers to tention of seeing that effort be funded. that. enforce immigration laws. Or, if they did have an intention to see For example, this legislation would If you don’t want immigration laws it funded, there are so many steps, hur- fund 23,000 border agents. The bill that enforced, you don’t want the 600,000 dles, and loopholes to go through be- is on the floor today, the basic Home- State and local law officers partici- fore it is ever funded it may never get land Security bill, would fund a little pating. See? If you don’t want the law funding because it would have to go less than 18,000 agents. We need more enforced, you don’t want these people through the appropriators and they agents. We have to get to that tipping to participate in any way because right would have to appropriate the money. point. We don’t need a whole unlimited now we only have several thousand

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9878 CONGRESSIONAL RECORD — SENATE July 25, 2007 Federal agents—not on the border, in- put them in jail—you could, because it ments until we have disposed of or de- side the whole United States of Amer- is a crime—and you deport them, and termined how we are going to dispose ica. The only people we can rely on here they are the next week, or even of some of the other amendments that would be voluntary State and local the next day coming back into the are in front of us. I would be happy to support. country. You have got to, at some let the Senator speak on the amend- What we learned in Alabama, my point, if you are serious about law, ment at this time. We are going to ob- home State, we trained 60 State troop- have a penalty extracted. ject until we have a way to proceed for- ers in this program. It took far too So this bill would require penalties ward with the amendments that have long, in my view. The State had to pay for people who reenter a second time, been offered. their salaries. It cost the State of Ala- at least, in our country illegally. Cer- The PRESIDING OFFICER. Objec- bama $120,000 to be a partner with the tainly that is a good step, but it is not tion is heard. Federal Government to enforce laws happening today. There is a deal going Mr. ISAKSON. Mr. President, I thank that they have authority to enforce— on among certain judges, and it has the Senator from Washington. I ask but to enforce laws of the Federal Gov- gotten to be a real problem for our im- unanimous consent—I am going to ernment on an issue, immigration, that migration enforcement system. That speak briefly—Senator CHAMBLISS be should be primarily a Federal responsi- is, local State judges, if they have an allowed to speak immediately after bility. individual who is about to be deported, me. This bill, the amendment that was often will cut the sentence and not The PRESIDING OFFICER. Without offered, this border security first make it the required sentence, and objection, it is so ordered. amendment, would provide some grant that would obviate their deportation AMENDMENT NO. 2392 programs to enable more States to par- from the country for being convicted of Mr. ISAKSON. Mr. President, I asso- ticipate in this program. a felony. This would keep judges from ciate myself with the remarks that I It also funds—actually puts the going back and manipulating the have been able to hear this morning by money out to fund the fence. We have criminal justice system to try to pre- Senator GREGG, Senator SESSIONS, Sen- had a half dozen votes on the fence, and vent a result that should naturally ator GRAHAM, and others. I rise to it has still not been built. They are occur in the future. bring forward—I cannot bring it for- building some now, they say. They are It has institutional removal program ward because they will not let me call doing some. But it is still not on track funding. This is important as a prac- it up, but at least talk about amend- to be completed, and it is not funded tical matter. It does not work to wait ment 2392 offered by myself and Sen- according to what we voted. We voted until a person has completed their jail ator CHAMBLISS from Georgia. To that to build 700 miles of fencing. The un- time for a serious criminal offense, and end, I ask unanimous consent to have derlying legislation, this appropria- then have the Federal Government printed in the RECORD our joint let- tions bill, only funds 370 miles. That is start up a proposal to deport them. ters—Senator CHAMBLISS and my joint not what we voted to do. They run away; they do not show up to letters—of June 12 and July 12. You see what I am saying? It is one be deported. It is so obvious that that The PRESIDING OFFICER. Without thing to authorize and vote to do some- is happening. So we have a program, objection, it is so ordered. thing. We all go back home and we are the institutional removal program, (See Exhibit 1.) so proud: I voted to build a fence. But that does allow the Federal Govern- Mr. ISAKSON. Mr. President, the nobody ever comes around to provide ment to take those people before they reason I entered these two letters is the money to actually do it. So this are released from jail and do the paper- they reflect precisely what the amend- bill would fund that. work and commence the hearing so at ment does. The amendment offered is a On the question of our local facilities the time of their departure, they are sense-of-the-Senate amendment. It is to apprehend people for serious crimes, released into State prison for the seri- the sense of the Senate that expresses people who are in the country illegally, ous offense they have committed, they the following: This is a team sport. It who are subject to being deported as would directly be deported. That only takes the executive and the legislative soon as they are released from jail oc- makes sense. We are doing some of that branch to get our Nation secured, our curs—under current law, that is not now, and this bill would provide extra homeland security, and in this case, working well at all. money for that. our borders secured. The letters I sub- This bill would allow local facilities, In every aspect of the legislation, it mitted by Senator CHAMBLISS and my- detention facilities, to detain them for is a step in the right direction. It does self are letters to the President of the up to 14 days, to give the Federal Gov- not get us there if the executive branch United States—one submitted during ernment the right to do that, to get or if the Government does not want to the debate on immigration, one sub- them deported, as they should be, if enforce these laws. It does not get us mitted 2 weeks following the debate on they committed felonies in the United there if the House or conferees fail to immigration—asking the President of States. put this money in the bill. There are the United States to send an emer- Last September, 80 Senators voted to still a lot of loopholes. We should not gency supplemental to the floor of the build 700 miles of fencing along our pat ourselves on the back. But these House and Senate to fund all of the border. Ninety-four Senators voted for are all critical steps toward creating a border security measures we have the amendment I offered for $1.8 billion lawful immigration system. If we can passed, such as the fence bill, which we to be appropriated. It eventually got do that and regain some confidence authorized last year, and the five key reduced in conference to $1.2 billion to among the American people, we will be provisions of the immigration bill that build the fence we said we were going able to talk about many more of the were lost that deal with border secu- to build. This bill, the underlying bill, issues in favor of that. rity. That is Border Patrol agents; the calls for an additional $1 billion toward I yield the floor. unmanned aerial vehicles and ground construction of the fencing. But that is The PRESIDING OFFICER. The Sen- positioning radar; it is detention facili- not enough. The Gregg-Graham-Kyl ator from Georgia is recognized. ties; and, most importantly, most im- amendment would provide the money Mr. ISAKSON. Mr. President, I ask portantly, it is the biometrical secure sufficient to do that and get us on the unanimous consent that the pending ID which gives you the redundancy to right track. amendment be set aside and that see to it that we finally stop the forged I will mention briefly a couple of amendment No. 2392, the Isakson- document business, close the border, other things in the legislation that I Chambliss amendment, be called for- remove the attractive nuisance to strongly favor. Senator GRAHAM has ward. come to America, and motivate people advocated previously that we need to The PRESIDING OFFICER. Is there to go back and come in the right way have penalties for people who come objection? and the legal way. back into the country illegally. I mean, The Senator from Washington. Some may say, well, an emergency how silly is it to have persons enter the Mrs. MURRAY. Mr. President, I re- supplemental is not the way to go. I country illegally, you apprehend them, gretfully inform the Senator at this would submit it is the only way to go. you do not prosecute them, you do not point we are not setting aside amend- If anybody doesn’t think this is an

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9879 emergency, I don’t know about your EXHIBIT 1 Many Americans from across the nation phone system, but mine broke down U.S. SENATE, have become engaged in this issue, and with the volume of calls we had last Washington, DC, June 12, 2007. shared with us their wide ranging and pas- sionate opinions on how we can reform our month. The Senate broke down with President GEORGE W. BUSH, The White House, immigration system. While there is no con- the volume of calls and the weight and Washington, DC. sensus on the best approach to comprehen- the complexity of this issue. But, most DEAR MR. PRESIDENT: Although the Sen- sive immigration reform, there is near una- importantly of all, we broke down be- ate’s effort to reform our nation’s immigra- nimity in the belief that we should secure cause the people of the United States tion laws through the Secure Borders, Eco- our borders first. We sincerely believe the greatest obstacle we face with the American do not have the confidence in this Con- nomic Opportunity and Immigration Reform Act of 2007 is stalled, illegal immigration re- people on the issue of immigration reform is gress or the President that they will mains our nation’s number one domestic trust. The government’s past failures to up- secure the border. issue. We therefore believe it is incumbent hold and enforce our immigration laws have There is no question that this coun- upon us and our colleagues to tackle this eroded respect for those laws and eliminated the faith of the American people in the abil- try needs an immigration policy sys- issue and not leave this problem for future generations to solve. ity of the government to responsibly admin- tem that works for high skilled, mod- As we travel around Georgia and continue ister immigration programs. erately skilled and lower skilled. There to hear from our constituents, the message We believe there is a clear way to regain is no question that we need to review from a majority of Georgians is that they the trust of the American public in the com- our entire immigration system. There have no trust that the United States Govern- petency of the federal government to enforce ment will enforce the laws contained in this our immigration laws and manage our immi- is no question it needs fixing. But there gration system: We should prove our abili- is equally no question that is never new legislation and secure the border first. This lack of trust is rooted in the mistakes ties with actions rather than make promises. going to take place until the American made in 1986 and the continued chaos sur- To that end, we believe that you and your people feel we have secured the home- rounding our immigration laws. Understand- administration could alleviate many of the land and, in particular, have secured ably, the lack of credibility the federal gov- fears of our constituents by calling for an the border to the South with Mexico. ernment has on this issue gives merit to the emergency supplemental bill to fully fund skepticism of many about future immigra- the border and interior security initiatives We know what it takes to do it. It is tion reform. contained in the Secure Borders, Economic delineated in the bill that was on the We believe the way to build greater sup- Opportunity and Immigration Reform Act of floor of the Senate a month ago. We port for immigration reform in the United 2007, as well as any outstanding existing au- know what it takes to do it. We know States Senate and among the American pub- thorizations. Such a move would show your commitment to securing the border first, how to do it. In fact, in the last year, lic is to regain the trust in the ability of the federal government to responsibly admin- stopping the flow of illegal immigrants and we developed an entire new system of ister immigration programs and enforce im- drugs into our nation, and creating a tam- building fences that has allowed us to migration laws. There is bipartisan agree- per-proof biometric identification card for accelerate barrier construction along ment that we need to secure our borders foreign workers. It will also work towards the border. It is being done right now first, and we believe this approach will serve restoring the credibility of the federal gov- as a platform towards addressing the other ernment on this critical issue. at San Luis, between San Luis and We urge you to carefully consider this re- Yuma, AZ. I have been there and seen issues surrounding immigration reform. To that end, we believe that you and your quest, and thank you for the opportunity to it. It speeds up the system, and it is administration could alleviate many of the express the views of the people of Georgia on foolproof. It gets the redundancy we fears of our constituents by calling for an this matter. need in our security system to make it emergency supplemental bill to fully fund Sincerely, work. the border and interior security initiatives SAXBY CHAMBLISS, contained in legislation currently pending in Senator. I am not asking the Senate to do the Senate, as well as any outstanding exist- JOHNNY ISAKSON, anything I have not asked the Presi- ing authorizations. Such a move would show Senator. dent of the United States to do. I think your commitment to securing the border The PRESIDING OFFICER. The Sen- every day we wait is a serious mistake. first and to stopping the flow of illegal im- ator from Georgia. We know it will take a minimum of 24 migrants and drugs into our nation. It will also work towards restoring the credibility AMENDMENT NO. 2392 months to do the biometric ID, train of the federal government on this critical the number of Border Patrol officers Mr. CHAMBLISS. Mr. President, issue. first, I associate myself with the re- we need to add, build the 30,000 deten- We urge you to carefully consider this re- marks of my good friend and my col- tion cells, put the unmanned aerial ve- quest, and thank you for the opportunity to express the views of the people of Georgia on league from Georgia relative to this hicles in the sky, and get the ground particular amendment. He is dead on positioning radar and ground sensor this matter. Sincerely, target. We have been there for 2 years systems in. We know it is going to take SAXBY CHAMBLISS, now encouraging this border security 24 months. But it is going to take 24 Senator. issue, that it be brought forward to the months from when we finally have the JOHNNY ISAKSON, forefront on this issue of immigration. political courage and will to fund the Senator. We are going to continue to pound at money. The only way to ensure that is this until it is, in fact, realized by Con- for us to join hands with the President, U.S. SENATE, Washington, DC, July 12, 2007. gress and the administration and some- pass a singular bill without any other President GEORGE W. BUSH, thing is done. subject on it, that appropriates the The White House, I also associate myself with the re- emergency funds necessary to accom- Washington, DC. marks of my good friend from Ala- plish those things. DEAR MR. PRESIDENT: On June 12, 2007, we bama, Senator SESSIONS, along with wrote to you regarding our commitment to It is not complicated, and I do not Senator GREGG and Senator GRAHAM. securing our nation’s borders and suggesting This problem relative to illegal immi- think it should be controversial. It is a way forward on comprehensive immigra- gration was debated here thoroughly in my hope when the majority reads this tion reform. Now that the Senate has again the halls of the Senate a year ago as amendment and decides on whatever rejected the comprehensive approach em- well as last month. Unfortunately, we their posturing would be on this bill, bodied in the Secure Borders, Economic Op- portunity and Immigration Reform Act of have not come to any conclusion as to that they understand this is a clear, 2007, we want to underscore our belief that any part of this issue. The problem has concise message that a unanimous Sen- illegal immigration remains our nation’s top not gone away. So I rise today to dis- ate should send to the President of the domestic issue. Although the Senate has cuss amendment No. 2392, which is an United States to see to it that we start turned its attention to other legislative pri- amendment Senator ISAKSON and I that 24-month clock by funding the orities, the American public, who daily en- have offered regarding the need for money and appropriating it and getting counters the effects of our current failed im- migration system, has not forgotten the emergency spending to secure the bor- the job done. This issue is too critical; duty we have, as their federal representa- ders of the United States. it is too important. It is job one and we tives, to address the issue of illegal immigra- Since September 11, our local, State, must do it now. tion. and Federal law enforcement officials

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9880 CONGRESSIONAL RECORD — SENATE July 25, 2007 have taken great strides to make com- I sincerely believe the greatest obsta- MySA.com entitled ‘‘Breaching Amer- munities, air and water ports, cities, cle this body faces with the American ica: War refugees or threats?’’ printed and national landmarks safer and more people on the issue of border security in the RECORD at the conclusion of my secure. I think it is a credit to this ad- and immigration reform is trust. The remarks. ministration, as well as to the Con- Federal Government’s lack of action to The PRESIDING OFFICER. Without gress, that we have not suffered an- uphold and enforce our immigration objection, it is so ordered. other attack domestically since Sep- laws and secure our borders has eroded (See Exhibit 1.) tember 11. But we must continue to be respect for those laws and eliminated Mr. CORNYN. Mr. Bensman, in this vigilant. One part of that is securing the faith of the American people in the article, found the following in his in- our borders. We have improved our in- ability of the Government to respon- vestigation, and I will summarize. formation-sharing capabilities between sibly administer immigration pro- More than 5,700 illegal immigrants Federal and local first responders and grams and protect our citizenry. from 43 countries with majority Mus- law enforcement officials. I believe there is a clear way to re- lim populations, including state spon- Within our intelligence community— gain the trust of the American people sors of terror, have been caught while the CIA, the FBI, NSA—we have also in the ability of the Federal Govern- traveling over the Canadian and Mexi- increased our information-sharing ca- ment to enforce our immigration laws can border along well-established un- pabilities -both vertically within each and secure our borders. We should derground smuggling routes since 9/11, agency and horizontally with each prove our abilities with actions rather a traffic that continues today. Mr. other. than continuing to make promises. Bensman estimates between 20,000 and Since the inception of our global war To that end, Senator ISAKSON and I 60,000 of these so-called special interest on terrorism, we have made numerous believe the President could alleviate aliens, by virtue of their country of or- arrests, disrupted al-Qaida communica- many of the fears of our constituents igin being countries where terrorism is, tion and planning capabilities, pre- and other great citizens of America by unfortunately, alive and well or be- vented and foiled potential terror at- calling for an emergency supplemental cause they are state sponsors of inter- tacks, broken up sleeper cells, and cap- bill to fully fund the border and inte- national terrorism, have gotten tured members of al-Qaida’s top leader- rior security initiatives contained in through without being caught since 9/ ship. the Secure Borders, Economic Oppor- 11. These migrants, although relatively When it comes to our national secu- tunity and Immigration Reform Act of small in total numbers, are high risk rity, terrorists only have to get it right 2007, as well as any outstanding exist- because they hail from countries where once. We have to get it right every sin- ing authorizations. American troops are actively battling gle time. None of us can afford to take Such a move would show his commit- Islamic insurgents, nations where rad- our safety and our freedom for granted. ment to securing the border first, stop- ical Islamic organizations have bombed Much more still needs to be done, But ping the flow of illegal immigrants and U.S. interests or murdered Americans. there is no doubt about it, we are win- drugs into this country, and creating a Unguarded U.S. borders are most cer- ning the war on terrorism. tamper proof biometric identification tainly in the terrorists’ playbooks as a On June 28, 2007, the Senate, by a card for foreign workers who are here means of entering the country. Since vote of 46 to 53, rejected cloture on a legally. It will also work toward restor- the late 1990s, at least a dozen con- bill to provide for comprehensive im- ing the credibility of the Federal Gov- firmed terrorists have sneaked over migration reform. However, illegal im- ernment on this very critical issue. U.S. borders, including operatives from migration remains as a top domestic Frankly, Congress has not done a very Hezbollah, Hamas, Tamil Tigers, and issue in the United States. The Amer- good job of addressing this issue for one al-Qaida terrorist once No. 27 on ican people continue to encounter the about two decades. It is imperative the FBI’s most wanted terrorist list. effects of our failed immigration sys- that we find and implement a solution On the U.S. side of the border, the tem on a daily basis. They have not quickly. This is a national security FBI is supposed to interrogate and con- forgotten the duty of Congress and the emergency which must be addressed duct a threat assessment and interro- President to address this issue of ille- immediately. I certainly do not have gations on every captured special in- gal immigration and the security of all of the answers, but I do know that, terest alien, but the process is severely the international borders of the United first and foremost, what we have to do flawed and open to error. Often, the States. This amendment will help re- is secure the borders. This is where the FBI signs off on captured special inter- mind the President and Congress that problem originates, and this is where it est aliens, allowing them access to the the problem of illegal immigration is must be halted. If we don’t secure our political asylum process without con- still with us. There is no consensus on borders, then nothing else we do rel- clusively knowing whether they are or the best overall approach to com- ative to immigration reform or na- are not associated with terrorist orga- prehensive immigration reform, but I tional security will really matter. nizations. Furthermore, Border Patrol believe, and many Americans do as I yield the floor. agents are simply using expedited re- well, that the first step is funding the The PRESIDING OFFICER. The Sen- moval processes to kick special inter- necessary tools to defend our country. ator from Texas. est aliens back over the border into The Federal Government has the re- Mr. CORNYN. Mr. President, I rise to Mexico, where they will certainly try sponsibility to, and immediately join my colleagues in support of the to cross again, with no investigation should, secure the borders of the Graham amendment, of which I am and no FBI referral whatsoever. United States. pleased to be a cosponsor, and to pro- This series of articles published in Even with our best efforts, illegal vide my colleagues some information I the San Antonio Express News will be entry into the United States remains a found particularly revealing in the an eye-opener for the people of this vast problem that is getting more and form of a four-part series in my home- country. more out of control. This is a security town newspaper, the San Antonio Ex- Frankly, those of us who are Mem- breach we must address. We must com- press News, written in May of 2007. The bers of the Senate have the privilege of mit the sufficient money for our border author of the series, a reporter by the having classified briefings from time to security agencies, including Customs name of Todd Bensman, chronicles the time. Of course, we cannot talk about and Border Patrol, Immigration and movement of an Iraqi individual from that intelligence information on which Customs Enforcement, as well as the Damascus, Syria, to Detroit, MI. It is we are briefed behind closed doors. But National Guard currently on our bor- particularly instructive, as we are con- here in the public domain are the re- ders through Operation Jump Start. templating this amendment and the sults of Mr. Bensman’s investigation in Many Americans from across the Na- importance of funding border security chilling detail, chronicling the move- tion have become engaged in this issue measures, that this kind of informa- ment of an individual from Damascus, and shared with me their wide-ranging tion be brought to the attention of the Syria, to Detroit, MI, via Moscow, Ha- and passionate opinions on how we can Senate. vana, into Guatemala, and then up secure our borders and resolve our ille- I ask unanimous consent to have the through Mexico’s southern border and gal immigration crisis. first of the four-part article from into the United States.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9881 I have met with Border Patrol tem because roughly 45 percent of the lot of that property is private property agents. Perhaps the current occupant people who are illegally present in the and would require, if fencing was going of the chair and others have had the country today in violation of our im- to be built on it, that some sort of emi- same experience I have. I asked them, migration laws came in on a legal visa nent domain proceeding would go for- out of the 1.1 or the 1.3 million people but simply overstayed and melted into ward. Obviously, the ranking member we actually detain coming across our the vast American landscape. So we of the Appropriations Committee, the southern border, for every person we have to, as this amendment does, make Senator from Mississippi, and the detain, how many people do you think sure we find ways to police visa over- chairman of the Appropriations Com- get across? I have heard estimates stayers. We need to make sure we con- mittee would want to know whether ranging from detaining maybe one out tinue to work on document fraud and the Federal taxpayer is going to be of every three to one out of every four. identity theft that makes it hard for asked to pay just compensation for The truth is, nobody knows for sure even good faith employers to deter- eminent domain proceedings if, in fact, who gets away. We do know that people mine the legal eligibility of prospective those were contemplated. who are detained and returned across employees to work in America. This There is a lot of beneficial discussion the border likely try again. So it is amendment is the first big step toward going on as we talk about this with hard to get good information. regaining the public’s confidence again local officials and others. For example, This is not a matter of solely eco- and demonstrating that we are actu- on my many visits to the U.S.-Mexico nomic migrants coming from Mexico or ally serious about delivering on our border in Texas, I have heard local law Central or South America into the promises, not engaged in overprom- enforcement officials and the Border United States. The truth is, Central ising but underdelivering, as we have Patrol talk about the problems caused America and Mexico are a land bridge in the past. by an invasive plant commonly called into the United States for anybody I will be offering at a later time some Carrizo cane. Carrizo cane, as it turns anywhere around the world who wants amendments myself. Coming from a out, grows so big and so fast that not to come here, anybody who has the border State with 1,600 miles of com- even the night-vision technology used money to pay the human smugglers to mon border with Mexico, this is a per- by Border Patrol agents can penetrate get them here. Obviously, these could sonal issue to many of my constitu- the Carrizo cane. It serves as a safe be individuals who want to work and ents, particularly. While some, such as haven for human smugglers and com- who want nothing but a better life— the Senator from Alabama, Mr. SES- mon criminals along the border. If the what we all have and want in Amer- SIONS, believe strongly in the need for Federal Government could work with ica—but it can also be very dangerous more fencing along the border, it is local officials and local property own- people who want to do us harm. That is controversial along the border in south ers to eradicate Carrizo cane, this ro- the reason this funding, this emer- Texas. I have worked with those local bust perennial grass that can grow to a gency funding for border security, is so officials and property owners. We have height of 20 to 30 feet, multistemmed important. two amendments I will be talking more clumps that resemble bamboo and It is also important that we begin to about later. The consultations we have forms large colonies, it would enhance regain the lost public confidence that conducted have been useful in coming the natural barrier the Rio Grande the Federal Government can actually up with creative ways to accomplish River already provides in many places deliver on its promises. We have been the nonnegotiable goal of border secu- along the border. Thus, it would also telling people for a long time how im- rity. assist the local Border Patrol agents portant it is in a post-9/11 world to I noticed most of the property abut- by providing a clear line of sight and know who is coming into our country ting the Rio Grande River is private ready access to areas that are cur- and why people are coming here. Rec- property. I am not sure the Border Pa- rently not available to them because of ognizing that if there is a way to sepa- trol or the Department of Homeland the dense growth of this Carrizo cane. rate the economic migrants and to cre- Security has really thought through I am pleased to say the Border Patrol ate an immigration system that would the fencing idea and what it would has taken the suggestion and is talking give people an opportunity through mean to condemn through eminent do- to local officials and property owners. legal immigration to come to the main proceedings private property This shows some real promise. But it United States on a controlled basis, it along the border in Texas. I am in- demonstrates what happens when you will then allow law enforcement agen- formed that in Arizona and other have local officials and people who live cies an effort to target those who are places, much of the property along the in the community talking to Federal common criminals, drug dealers or, in- border is already owned by the Federal officials trying to come up with a solu- deed, terrorists or special interest Government, so we don’t have that tion to a common problem. aliens from state sponsors of terrorism. issue. But I have found in Texas, this is Now, when the Federal Government— We were reminded again about the a controversial issue. folks operating in the Beltway—decide dangers from our porous borders when, I have been pleased to work with my they have a better idea, and they do on Monday, officials with Immigration colleague, Senator HUTCHISON, to make not care what local and State officials and Customs Enforcement announced sure that in this amendment and in think about it, well, usually that cre- that they had arrested more than 100 every opportunity, we have insisted ates a lot of conflict and it also creates gang members in Texas. These 121 sus- upon consultation with local elected a less perfect solution and maybe not a pects represent 27 different gangs, in- officials and property owners to solution at all. cluding the notorious Mexican Mafia achieve the most effective means of So I will be offering that Carrizo cane and MS–13. Of course, MS–13 is the border security, recognizing that result amendment as well as another amend- ultraviolent Central American gang is nonnegotiable but how we get there ment which would require a report by that has come into the United States should be the subject of consultation the Department of Homeland Security through our broken borders. More than and negotiation. on the impact of border security meas- half of these gang members had crimi- Getting back to the private property ures on private property owners along nal charges against them, and nearly issue, one of my amendments will ask the Rio Grande River a little later on. half of them were arrested on adminis- the Department of Homeland Security But I close by saying the threat trative and immigration-related to produce a report talking about the posed by common criminals—as a re- charges. So we see time and time impact on border security due to the sult of our broken borders—to drug again, as most recently as the daily fact that much of the property, for ex- dealers is very real. As Mr. Bensman’s newspaper, what the threat is. Yet Con- ample, in Texas is private property and article points out, the access through gress continues to do not nearly asking them to come back and tell our broken borders to virtually any- enough to fix it. Congress so we can make more intel- body in the world who has enough This amendment gives us an oppor- ligent decisions about how to effec- money to pay the smugglers to get tunity to fix the problem at the border. tively use the taxpayers’ money to ac- them in is an open door to people It is not just at the border. We need to complish that nonnegotiable goal of whom we prefer not come here; name- deal with our broken immigration sys- border security, given the fact that a ly, people who come from countries

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9882 CONGRESSIONAL RECORD — SENATE July 25, 2007 that are state sponsors of international When the waiter walked away, the Syrian The perceived danger is that they can terror and, perhaps, people with the approached Boles, leaned over the cheap evade being screened through terror-watch goals of harming innocent Americans, plastic table and spoke softly. He introduced lists. The 43 countries of interest are singled out taking advantage of the same broken himself as Abu Nabil, a common street nick- name revealing nothing. because terrorist groups operate there. Spe- borders that yield access to economic ‘‘I noticed your accent,’’ the Syrian said cial-interest immigrants are coming all the migrants. politely. ‘‘Are you from Iraq?’’ time, from countries where U.S. military EXHIBIT 1 Boles nodded. personnel are battling radical Islamist move- [From the San Antonio Express-News] ‘‘I could help you if you want to leave,’’ ments, such as Iraq, Afghanistan, Somalia the Syrian said. ‘‘Just tell me when and and the Philippines. They come from coun- BREACHING AMERICA: WAR REFUGEES OR where. I can get you wherever you want to tries where organized Islamic extremists THREATS? go.’’ have bombed U.S. interests, such as Kenya, (By Todd Bensman) For an instant, Boles hesitated. Was the Tanzania and Lebanon. They come from DAMASCUS, SYRIA.—Al Nawateer restaurant Syrian a Mukhabarat agent plotting to take U.S.-designated state sponsors of terror, is a place where dreams are bartered and se- his money and send him back to Iraq? Was such as Iran, Syria and Sudan. crets are kept. he a con artist who would deliver nothing in And they come from Saudi Arabia, the na- Dining areas partitioned by thickets of return for a man’s money? tion that spawned most of the 9–11 hijackers. crawling vines and knee-high concrete foun- ‘‘I want to go to the USA,’’ Boles blurted. Iraq war refugees, trapped in neighboring tains offer privacy from informants and ‘‘It can be done,’’ said the Syrian. But it countries with no way out, are finding their agents of the Mukhabarat secret police. wouldn’t be cheap, he warned. The cost way into the pipeline. The Mukhabarat try to monitor the hun- might be as high as $10,000. Zigzagging wildly across the globe on their dreds of thousands of Iraq war refugees in Hedging against a con, Boles said he didn’t own or more often with well-paid smugglers, this ancient city, where clandestine human have that kind of money. their disparate routes determined by the smuggling rings have sprung up to help refu- The Syrian told him there was a bargain- availability of bogus travel documents and gees move on—often to the United States. basement way of getting to America. For relative laxity of customs-enforcement prac- But the refugees who frequent Al $750, he could get Boles a visitor’s visa from tices, special-interest immigrants often con- Nawateer, gathering around Table 75 or sit- the government of Guatemala in neighboring verge in Latin America. ting alone in a corner, are undaunted, will- Jordan. And, there, a northward flow begins. ‘‘After that you’re on your own,’’ the Syr- ing to risk everything to meet a smuggler. NOMINATION OF JUDGE LESLIE SOUTHWICK ian said. ‘‘But it’s easy. You fly to Moscow, They come to be solicited by someone who, Mr. CORNYN. Mr. President, I would for the right price, will help them obtain then Cuba and from there to Guatemala.’’ visas from the sometimes bribery-greased The implication was obvious. The Syrian like to, if I may, turn to one other consulates of nations adversarial or indif- would help Boles get within striking dis- issue; and that has to do with the nom- ferent to American security concerns. tance of the U.S. border. The rest was up to ination of Judge Leslie Southwick. The deals cut at places like Al Nawateer him. I heard the distinguished Democratic could affect you. Americans from San Anto- Boles knew it wouldn’t be easy or quick: whip, majority whip, speak to the nio to Detroit might find themselves living Not until a year later in-fact, in the-dark- Southwick nomination earlier, and I among immigrants from Islamic countries ness just before dawn on April 29, 2006, would he finally swim across the Rio Grande on an wish to make sure, in fairness, there is who have come to America with darker pur- a complete consideration of the facts. suits than escaping war or starting a new inner tube and clamber up the Texas river- life. bank 40 miles west of Brownsville. Of course, Judge Southwick, the U.S.-bound illicit travel from Islamic But Boles was undaunted. He cut a deal nominee to which the majority whip countries, which started long before 9–11 and with the Syrian, setting in motion a journey objects, has been given the highest includes some reputed terrorists, has gained into the vortex of a little-known American marks by his peers for the qualities of momentum and worried counterterrorism of- strategy in the war on terror: stopping peo- fairness and compassion by both the ficials as smugglers exploit 2 million Iraq ple like him from stealing over the border. Mississippi Bar Association and the war refugees. The irony is that the war RIVER OF IMMIGRANTS American Bar Association on two occa- America started to make itself safer has Near the tiny Texas community of Los sions, both when he was nominated to forced more people regarded as security Indios, the Rio Grande is deep, placid and serve as a Federal district judge and threats toward its borders. seemingly of little consequence. A stark reminder of U.S. vulnerability at But its northern bank is rigged with mo- now with his nomination to the Fifth home came this month when six foreign-born tion sensors that U.S. Border Patrol agents Circuit. Muslims, three of whom had entered the monitor closely, swarming whenever the sen- Regarding Senator DURBIN’s con- country illegally, were arrested and accused sors are tripped: cerns, of course, as a member of the Ju- of plotting to attack the Army’s Fort Dix in Here and all along the river, an abstract diciary Committee, he voted to con- New Jersey. concept becomes real. America’s border with firm Judge Southwick to a lifetime What might have happened there is sure to Mexico isn’t simply a political issue or secu- Federal bench. So I wonder why, now stoke the debate in Congress, which this rity concern. It is a living body of water, sur- week will take up border security and immi- prisingly narrow, with one nation abutting that he has been nominated to the gration reform. But the Iraqi refugee prob- its greenish-brown waters from the north Fifth Circuit, those concerns have aris- lem provides a twist on the question of what and another from the south. en when, in fact, there were no such assurances America owes itself in uncertain Since 9–11, the U.S. government has made concerns expressed when Judge South- times: What do we owe Iraqis thrown into guarding the 1,952–mile Mexican border a top wick was nominated and confirmed chaos by the war? priority. One million undocumented immi- unanimously by the Senate Judiciary Politically, immigration can be a faceless grants are caught each year trying to cross Committee to the Federal district issue. But beyond the rhetoric, the lives of the southern and northern U.S. borders. real people hang in the balance. A relatively Because all but a tiny fraction of those ar- bench. small but politically significant number are rested crossing the southern border are I heard Senator DURBIN criticize from Islamic countries, raising the specter, Mexican or Central American, issues of bor- Judge Southwick for his participation some officials say, of terrorists at the gate. der security get framed accordingly and cast in the case of Richmond v. Mississippi For those few, the long journey to America in the image of America’s neighbors to the Department of Human Services. The starts at places like Al Nawateer. south. Right or wrong, in this country the fact of it is, Judge Southwick did not The restaurant’s reputation as a meeting public face of illegal immigration has Latino write the opinion Senator DURBIN is place is what drew Aamr Bahnan Boles. features. critical of. Of course, as a judge, unlike Night after night, Boles, a lanky 24-year- But there are others coming across the Rio old, sat alone eating grilled chicken and Grande, and many are in Boles’ image. a legislator, a judge has no choice but tabouli in shadows cast by Al Nawateer’s People from 43 so-called ‘‘countries of in- to vote. He voted for the result, for the profusion of hanging lanterns: Boles always terest’’ in the Middle East, South Asia and outcome of the case, but I think it is came packing the $5,000 stake his father had North Africa are sneaking into the United unfair to attribute the writing of the given him when he fled Iraq. States, many by way of Texas, forming a opinion to Judge Southwick, some- Boles was ordering his meal after another human pipeline that exists largely outside thing he did not write. backbreaking day working a steam iron at the public consciousness but that has wor- Of course, we all deplore the racial one of the area’s many basement-level gar- ried counterterrorism authorities since 9–11. slur which was the subject of that opin- ment shops when he noticed a Syrian man These immigrants are known as ‘‘special- loitering near his table. The Syrian appeared interest aliens.’’ When caught, they can be ion. The board determined, from the to be listening intently. He was of average subjected to FBI interrogation, detention evidence before it, that the racial slur build and wearing a collared shirt. Boles holds that can last for months and, in rare was an isolated comment, was made guessed, he was about 35 years old. instances, federal prison terms. outside of the target’s presence, was

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9883 followed by an apology—which I think nees—or any President’s nominees—an It is the obligation of the Federal is significant—which was accepted and opportunity for an up-or-down vote. Government to adequately secure the did not result in significant disruption Right now, I know the senior Senator Nation’s borders and prevent the flow of the workplace. from Mississippi, Mr. COCHRAN, has of undocumented persons and illegal Under Mississippi law, the board’s been talking to the chairman of the Ju- drugs into the United States. ruling could only be reversed if it was diciary Committee, and the chairman For far too long, local law enforce- ‘‘arbitrary and capricious, accepting in has offered a vote for Judge ment officers—I am talking about sher- principle the notion that a decision un- Southwick’s nomination in the com- iffs, I am talking about police chiefs, supported by any evidence is by defini- mittee. and others—as well as local taxpayers, tion arbitrary and capricious.’’ But right now Judge Southwick is have borne the burden of law enforce- The court of appeals majority, in- continuing to have consultation with ment, given the failure of the Federal cluding Judge Southwick, operating members of the committee, in hopes he Government to adequately fund the under a highly deferential standard of can get an up-or-down vote in the com- Border Patrol and to demonstrate its review—which is applied in the case of mittee and then hopefully come to the willingness to secure the border. So agency decisions routinely—upheld the floor where we can have a debate which now it is time not only to add to the board’s decision and found that there will cover the whole range of Judge Federal law enforcement officials—by was some evidence to support the Southwick’s qualifications and his re- increasing the number of Border Pa- board’s ruling that the isolated com- sume and his record so the Members of trol—but it is time for the Federal ment did not sufficiently disturb the the Senate can fairly ascertain for Government to own up to its respon- workplace so as to justify the employ- themselves whether he should be con- sibilities and fund local law enforce- ee’s termination. firmed and then have an up-or-down ment through this grant program to The majority made clear it did not vote. the extent they are willing and able to endorse or excuse the slur. They said: But right now I hate to see Judge support the Federal Government’s ef- We do not suggest that a public employee’s Southwick unfairly criticized by at- forts to secure the border. use of racial slurs . . . is a matter beyond the tributing to him something he did not This Border Relief Grant Program authority of the employing agency to dis- even say, by joining an opinion which will give the men and women in law en- cipline. was ultimately upheld by the Mis- forcement, who are on the frontline of In other words, they said it would be sissippi Supreme Court in compliance securing America’s border, the nec- appropriate to discipline a person for with appropriate legal standards. That essary support to do their jobs and en- using racial slurs. is what judges do. They do not decide sure that local taxpayers do not have Of course, Judge Southwick reiter- winners and losers and then try to jus- to foot the bill. These funds can be ated his disdain for the use of any ra- tify the result. They apply the law im- used to obtain equipment, hire addi- cial slurs and has repeatedly told the partially to everyone who comes before tional personnel, and upgrade law en- committee that the use of the word at them. From all appearances, Judge forcement technology. issue is—in his words—‘‘always offen- Southwick has been true to that re- It is my hope my colleagues will sup- sive’’—I would hope we would all agree quirement and that great tradition of port this amendment again, as they with that—and ‘‘inherently and highly our judiciary. have before. derogatory.’’ At the hearing he said: I yield the floor. With that, I yield the floor and sug- ‘‘There is no worse word.’’ He said it Mr. COCHRAN. Mr. President, I sug- gest the absence of a quorum. was ‘‘unique’’ and that he could not gest the absence of a quorum. The PRESIDING OFFICER. The imagine anything more offensive. The PRESIDING OFFICER. The clerk will call the roll. In response to a written question clerk will call the roll. The legislative clerk proceeded to from Senator DURBIN, Judge Southwick The bill clerk proceeded to call the call the roll. Mr. SPECTER. Mr. President, I ask wrote: roll. unanimous consent that the order for Use of this word is wrong, improper, and Mr. CORNYN. Mr. President, I ask the quorum call be rescinded. should offend everyone regardless of the unanimous consent that the order for The PRESIDING OFFICER (Mr. speaker’s intent. the quorum call be rescinded. CARDIN). Without objection, it is so or- I agree. The PRESIDING OFFICER. Without dered. The Senator is recognized. As a legal matter, the Supreme Court objection, it is so ordered. Mr. SPECTER. Mr. President, I fur- Mr. CORNYN. My apologies, Mr. of Mississippi explicitly agreed with ther ask unanimous consent that I may President. I will be brief. My staff re- the appellate court’s conclusion that be permitted to speak for up to 30 min- minded me there was one other amend- dismissal was unwarranted. That was utes. the appeal from the Court of Appeals to ment I was going to mention that I The PRESIDING OFFICER. Without the Supreme Court of Mississippi. The failed to mention. It will be an amend- objection, it is so ordered. supreme court said: ment I will also offer later on that NOMINATION OF JUDGE LESLIE SOUTHWICK In this case, we find that the harsh penalty builds upon the good work of Mr. Mr. SPECTER. Mr. President, I have of dismissal of Bonnie Richmond from her BINGAMAN, the Senator from New Mex- sought recognition to reply to a floor employment is not warranted under the cir- ico, that was unanimously approved by cumstances. statement made earlier today by the the Senate earlier this week. senior Senator from Illinois concerning We can agree or disagree with the de- My amendment will actually double the pending nomination of Judge Leslie cision made by the board that reviewed the amount Congress can provide for Southwick for the Fifth Circuit Court that. We can agree or disagree with the the Border Relief Grant Program that of Appeals. decision of the court of appeals. But I will help local law enforcement in The Senator from Illinois asserted do not know why, after the American towns and cities along our borders that ‘‘there are too many questions Bar Association—the professional orga- cover some of the costs they incur about whether Judge Southwick would nization that reviews Federal nomi- serving as the backup to Federal offi- bring a measure of fairness in cases in- nees—after they have reviewed Judge cials when it comes to combating ille- volving civil rights and the rights of Southwick’s record, including his par- gal immigration and fighting drug traf- ordinary people in his court.’’ But in ticipation in that decision, and found fickers and other border-related the course of the speech of the Senator him to be highly qualified, why we crimes. from Illinois, he only raised one ques- would come back and try to besmirch The Senate unanimously approved tion. That one question was about a his reputation as a part of trying to de- this same amendment during debate on specific case. feat this nomination. the immigration bill we considered ear- The Senator from Illinois went on to I am sure there will be more discus- lier this year. It is also included in the say: sion about Judge Southwick as we go comprehensive border security package This perception as to whether he will be forward. I hope we are not heading Senator GRAHAM has offered and is cur- fair or evenhanded is determinative in my down a very dangerous path again, rently pending, and, of course, of which mind. Whether you agree with that percep- which is to deny this President’s nomi- I am a cosponsor. tion, it is there.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9884 CONGRESSIONAL RECORD — SENATE July 25, 2007 I begin by disagreeing categorically Here again, as in the case involving pose would have prevented many plain- with the Senator from Illinois that it the racial slur, Judge Southwick did tiffs from receiving compensation for a is a matter of perception. It is a matter not write the opinion. He concurred in work injury. of fact. When he says this perception as the opinion. I think fairly stated as a In Kitchens v. Jerry Vowell Logging, to whether he will be fair or even- legal matter, when someone writes the Judge Southwick reversed the Workers handed is determinative, I disagree opinion, there is full responsibility for Compensation Commission’s decision strongly. What is determinative is everything in it. In a sense, one might that a truck driver from a logging com- what are the facts of his record taken say the same thing about someone who pany did not suffer a permanent loss of in totality. concurs. That person could write a sep- wage-earning capacity, and remanded The one question which the Senator arate concurring opinion. But unless the case for further consideration. from Illinois has raised involves a case there is something extraordinarily In Total Transportation v. Shores, a where the Mississippi intermediate ap- wrong, out of line, that is not a com- 6-to-4 decision, Judge Southwick joined pellate court upheld a finding by an ad- mon practice. the other three dissenters, who would ministrative board that an employee In the second case to which the Sen- have upheld an award of workmen’s should not be fired under the cir- ator from Illinois referred—only one compensation benefits for a truck driv- cumstances which I will now describe. sentence—there were many factors er’s widow where the majority ruled in The employee had made a racial which led to the award of custody to favor of the employer. statement which was a one-time com- the father, such as he had a steady job, In Burleson v. Hancock County Sher- ment. The slur was not in the presence he had a higher income, he owned a iff’s Department, a 6-to-3 decision, of the targeted coworker. The em- large residence, and he had roots in the again Judge Southwick joined in dis- ployee apologized to the coworker. The community. Although the Senator sent, arguing that a public employee coworker accepted the apology. The in- from Illinois did not refer to one sen- was unconstitutionally fired, while the cident did not produce any significant tence in the opinion—again, which majority ruled in favor of the em- workplace disruption. Judge Southwick did not write but ployer. The administrative board then made concurred in—there was a reference to Similarly, Judge Southwick has the determination that the incident did a ‘‘homosexual lifestyle’’ which has ruled numerous times in favor of tort not warrant dismissal of the employee. been used frequently, including the victims and against businesses. In The question then presented to the Lawrence v. Texas decision. It is per- Ducksworth v. Wal-Mart Stores, Judge court on which Judge Southwick sat, haps not the most sensitive kind of Southwick voted to reverse a trial the intermediate appellate court, was language, and perhaps there could have court’s verdict against a customer who whether the finding by the administra- been a substitution for it, but it cer- had slipped on an unknown substance tive board was arbitrary and capri- tainly does not rise to the level of a at Wal-Mart. cious; that is, whether there was suffi- disqualifier. In Breland v. Gulfside Casino Part- cient evidence for them to find to that The Senator from Illinois has said nership, Judge Southwick voted to re- effect. verse summary judgment for a casino When Judge Southwick testified be- that Judge Southwick could not be fair in a slip-and-fall action brought by a fore the Judiciary Committee, he was to run-of-the-mill litigants in the patron who had suffered multiple inju- emphatic in his statement that the courts and cited a couple of studies, ries falling down a casino staircase. slur was unacceptable, that he did not which are not identified, which do not In Martin v. B. P. Exploration & Oil, agree with that kind of conduct, and specify any authors, and on their face, Judge Southwick voted to reverse sum- that it was the worst kind of word to in the statement by the Senator from mary judgment against the plaintiff, use—the so-called ‘‘N’’ word—but that Illinois, I think fairly stated should be who injured her ankle upon exiting a his role as an appellate judge was to entitled to really very little, if any, make a legal determination on whether weight. But let’s take a look at some of gas station’s restroom on an allegedly there was sufficient evidence to uphold the specific cases that Judge South- poorly constructed access ramp. In Wilkins v. Bloodsaw, Judge South- the decision or whether the adminis- wick has decided. wick voted to reverse a grant of sum- trative board was arbitrary and capri- In a case captioned McCarty Farms cious. Inc. v. Caprice Banks, Judge South- mary judgment in favor of a Pizza Hut The Senator from Illinois then said wick affirmed an award of permanent which was sued by a mother who was that the Mississippi Supreme Court partial disability benefits for a woman injured when her disabled son fell as unanimously reversed the majority who experienced a 70-percent industrial she tried to help him exit the res- opinion. But, the fact is—and this is disability to her right arm and a 30- taurant. implicitly acknowledged by the Sen- percent loss to her left. However, Judge Similarly, Judge Southwick has ator from Illinois—that the only rever- Southwick wrote separately to argue voted in favor of criminal defendants sal was on the very narrow ground of that injured workers deserve more evi- on numerous occasions, often in dis- whether there had been sufficient find- dentiary options to prove damages. He sent. For example, in Jones v. State, a ings by the administrative board to would have instructed the court to con- 5-to-5 decision, Judge Southwick dis- come to its conclusion. sider wage-earning capacity as well as sented, arguing for reversing a convic- The Mississippi Supreme Court functional or medical impairment. tion because the indictment did not agreed with the Mississippi inter- In the case captioned Sherwin Wil- provide the defendant with sufficient mediate appellate court that dismissal liams v. Brown, Judge Southwick held clarity to know with certainty what was an inappropriate remedy. That was a 45-year-old carpet layer was perma- crime was being charged. really the core of the case. But the nently and totally industrially disabled In Parker v. State, Judge Southwick State supreme court said there ought due to an onsite injury and that the dissented, arguing that a murder con- to be more facts stated by the adminis- carpet layer made reasonable efforts to viction should be reversed because the trative board in coming to that conclu- obtain other employment. Judge trial judge failed to give a proper jury sion, which was a highly technical Southwick concluded he was entitled instruction. modification as to what the appellate to permanent total disability benefits. In Mills v. State, a 6-to-3 decision, court had said. In a case captioned United Methodist Judge Southwick dissented from the The Senator from Illinois further Senior Services v. Ice, Judge South- majority, affirming a drug conviction made a very brief reference, a one-sen- wick affirmed the award of workmen’s on the grounds that the court should tence reference, in his speech, to a cus- compensation benefits to a woman who not have admitted a statement by the tody case in which ‘‘he voted to take hurt her back while working as a cer- defendant’s 4-year-old son, and the an 8-year-old girl away from her les- tified nursing assistant, despite her State failed to disclose a piece of evi- bian mother. I disagree with Judge first employer’s claim that she exacer- dence against the defendant that it had Southwick’s position in these cases.’’ bated the injury during her subsequent in its possession. That is the only thing he had to say employment. In addition, Judge South- In Harris v. State, a 5-to-4 decision, about the custody case which has been wick recognized that the evidentiary Judge Southwick dissented from the cited against Judge Southwick. standard the employer sought to im- majority opinion, affirming a drunk

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9885 driving conviction on the grounds that from an affluent family and have no political Now, on the critical question as to the trial court erroneously allowed the ties. While I graduated in the top third of my whether there were any grounds for State to avoid proving all the elements law school class, there were many individ- permanent dismissal because of what uals in my class with higher grade point charged in the indictment. averages and with family ‘‘pedigrees’’ to was said, everybody said no—that is, In Hughey v. State of Mississippi, match. Yet, despite all of the typical re- the administrative board, the inter- Judge Southwick affirmed the trial quirements for the clerkship that I lacked, mediate appellate court, and the State court’s decision to disallow cross-ex- Judge Southwick gave me an opportunity. Supreme Court—contrary to the bland amination as to the victim’s sexual Despite all the press to the contrary, Judge assertion by the Senator from Illinois preference, recognizing that whether Southwick is a fair man and this is one of that the intermediate appellate court the victim was homosexual was not rel- the qualities that makes him an excellent was reversed. The Supreme Court said evant to the defense, and that such a choice for the Fifth Circuit Court of Appeals. everybody is correct, there are not line of inquiry could produce undue Mr. SESSIONS. Mr. President, will grounds for permanent dismissal, but prejudice. the Senator yield for a question? we think the administrative board This Hughey v. State of Mississippi Mr. SPECTER. No. But I will be glad should have given more details as to case, where Judge Southwick excluded to respond to the Senator from Ala- the reasons why it came to that con- bama when I finish my speech. I will be a victim’s sexual preference, is a strong clusion. indication—much stronger than the glad to respond to him at length. Mr. SESSIONS. Mr. President, I The overall record—I have changed one line in the argument by the Sen- thank the Senator for his effort and ator from Illinois—concerning the my mind. I will yield for a question. The PRESIDING OFFICER. The Sen- the time it takes to be able to examine issue of a ‘‘homosexual lifestyle.’’ ator from Alabama. the complexities of this situation. Most There are also testimonials, and I Mr. SPECTER. Maybe the Senator of us are too busy to do it. You do in- will offer two. La’Verne Edney, a dis- from Illinois will change his mind, too. deed have a passion for the truth, and tinguished African-American woman Mr. SESSIONS. Mr. President, for you have done well in getting there, partner in a prominent Jackson, Mis- the first time, on the question of Judge and I thank you for sharing those sissippi, law firm, a member of the Southwick’s ruling, the Senator’s re- thoughts with us. Magnolia Bar Association, the Mis- marks make clear to me that he was Mr. SPECTER. Well, I thank the Sen- sissippi Women Lawyers’ Association, required as a judge, as I understand it, ator from Alabama for complimenting and a member of the Mississippi Task to not reverse the administrative pan- me for my passion for truth. It so hap- Force for Gender Fairness, has shared el’s opinion unless it was arbitrary and pens that is the title of the book I her compelling story of Judge South- capricious, I believe is what the Sen- wrote—Harper Collins, available on- wick, who gave her an opportunity ator said. line. when few would. This is what she said, It seems to me that sometimes we Back to the case, though, Mr. Presi- and I quote: make a mistake, and I was going to ask dent, and I will be brief here. I would When I finished law school . . . I believed the Senator a question, as one of the point to Judge Southwick’s overall that my chances for landing a clerkship were most able lawyers here in this body for record. It is an excellent record: cum slim because there was only one African- sure, about whether he thinks some- laude from Rice, J.D. from the Univer- American Court of Appeals judge on the times we ascribe to the judge who has sity of Texas Law School, clerk for the bench at the time and there were very few Court of Appeals for the Fifth Circuit, Caucasian judges during the history of the to rule on a case following the law, Mississippi Supreme Court or the Court of that somehow we would suggest he an adjunct professor in the Mississippi Appeals . . . who had ever hired African- may have approved this racial slur College of Law, unanimously well American law clerks.... While Judge even though he may have ruled in a qualified by the American Bar Associa- Southwick had many applicants to choose way different from that? tion. from, he saw that I was qualified for the po- In other words, does the Senator And then an extraordinary thing. sition and granted me the opportunity. think we ought to be careful in this When he was in his fifties, he volun- Ms. Edney further observed: body not to unfairly suggest that the teered to go to Iraq in the Judge Advo- It did not matter the parties’ affiliation, judge approved this racial slur, which I cate General’s Corps, and was in areas color or stature—what mattered was what know he did not, as a result of that rul- with very heavy fighting. He inter- the law said and Judge Southwick worked ing? rupted a 12-year service on the Mis- very hard to apply it fairly. Judge South- Mr. SPECTER. Mr. President, the sissippi appellate court to do that. wick valued my opinions and included me in question posed by the distinguished That is an extraordinary act, really ex- all of the discussions of issues presented for Senator from Alabama is illustrative traordinary, for somebody in his posi- discussion. Having worked closely with Judge Southwick, I have no doubt he is fair, of the unfairness of citing that case tion to do. impartial, and has all of the other qualities against Judge Southwick, because he I sat down with Judge Southwick at necessary to be an excellent addition to the did not sanction the slur which was ut- some length to talk to him, and he is United States Court of Appeals for the Fifth tered. an enormously impressive man. He is Circuit. In fact, the administrative review very mild mannered. He has been on Now, contrast what Ms. Edney said, a board did not sanction the slur. The ad- the court, as I say, for 12 years. He has prominent lawyer engaged in all of the ministrative review board had only the participated in 6,000 cases, he has writ- advocacy groups—gender fairness, question to decide as to whether that ten 985 opinions, and all they can ex- women trial lawyers, Magnolia Bar— was grounds for permanent dismissal. tract out of this record is one case compare that to the opinion of Judge That is the only question they had to which, as the colloquy with the Sen- Southwick in one case, where he joined decide. And then when the case came ator from Alabama points out, doesn’t in a concurring opinion, where there before the Mississippi intermediate ap- establish a peppercorn. That is a legal was a racial slur immediately apolo- pellate Court, as the Senator from Ala- expression for being practically gized for, with what this woman, who bama has noted, that court had only to weightless in terms of what their ob- was his law clerk, found in a very de- decide whether the ruling by the ad- jections are. tailed relationship showing fairness ministrative review board was arbi- The Senator from Illinois then went and justice. trary and capricious, which means that through the history of the last two Patrick E. Beasley, a practicing at- there was insufficient evidence to sus- nominees who were shot down. I have a torney in Jackson, Mississippi, who tain it. reputation and a record to back it up, also happens to be African-American, So Judge Southwick is removed by to have supported President Clinton’s endorsed Judge Southwick for, among two major barriers from any conceiv- nominees, crossing party lines, when other qualities, his fairness to minori- able approval of a racial slur: first, on they were qualified. ties. This is what Mr. Beasley had to the fact that the administrative board The Senator from Illinois makes it a say: said it was bad, Judge Southwick said point—not that it has anything to do I speak from personal experience that Les- it was bad; and, in addition, there was with this case—that the Republicans lie Southwick is a good man who has been sufficient evidence for the administra- didn’t give 70 of President Clinton’s kind to me for no ulterior reason. I am not tive board to find what it did. nominees a hearing.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9886 CONGRESSIONAL RECORD — SENATE July 25, 2007 That was wrong. That was wrong. ment proposes is to offer $300 million in guage, that we needed to improve our But what we are doing here is we are funding to the States to implement identification documents in the United visiting on Judge Southwick somebody REAL ID. The offset would be a 0.8-per- States. The Commission found that: else’s sins. If I thought he was not cent across-the-board cut in the rest of [a]ll but one of the 9/11 hijackers acquired qualified, I wouldn’t be taking the lead the bill. The total bill is $37 billion, some form of U.S. identification document, that I am in this case. more or less. I know that offset is not some by fraud. Acquisition of these docu- When we go through these issues, it one the chairman and ranking member ments would have assisted them in boarding is reminiscent of the very contentious of the committee are likely to approve commercial flights, renting cars, and other necessary activities. controversy which was raised on this of, but during our committee discus- floor in 2005 when the Democrats were sions I offered other offsets which So said the 9/11 Commission. The Commission added that the Federal filibustering judges in retaliation for weren’t approved of, and I feel strongly Government should: what had happened during the Clinton that if the Congress requires the States years and the Republicans were threat- to adopt REAL ID or something simi- . . . set standards for the issuance of . . . sources of identification, such as drivers’ li- ening the so-called constitutional or lar to REAL ID, then the Congress censes. Fraud in identification documents is nuclear option. We ought not go back ought to pay for it—hence the $300 mil- no longer just a problem of theft. to those days. lion amendment. The Congress began to implement the When you have a man with the Someone once said about me last recommendations of the 9/11 Commis- record of Judge Leslie Southwick, he is year—and I haven’t been here very sion soon thereafter, and in December being picked on. With the extensive long, this is my fifth year as a Senator, of 2004 the Senate passed the Intel- record he has, to cite one case and to but I have been around a while—they ligence Reform and Terrorism Preven- talk about perception—I repeat, when said the problem with LAMAR is he tion Act of 2004 which called for States the Senator from Illinois says that per- hasn’t gotten over being Governor, to create secure driver’s licenses and ception is determinative, I say that which I was privileged to be in my ID cards under section 7212 of the bill. this body ought to vote on the facts. home State of Tennessee for several It established a negotiated rule- I am pleased to see that a number of years. making process that included State Democrats are interviewing Judge I hope when I get over being Gov- government officials, which was a di- Southwick, and I believe they will find ernor, the people of Tennessee send me rect effort to deal with the problem I him to be very impressive, as I did. I home because I think one of the con- discussed. Through that, standards strongly urge my colleagues to look at tributions I can make is to remind the would be promulgated that would make the facts very carefully. The Senate Congress and remind the country that it more difficult to create and obtain should not function on perception. The our country’s strengths begin with fraudulent driver’s licenses. Senate should not function on what strong communities and strong coun- The purpose of the negotiated rule- somebody else concludes or believes. ties and strong cities and strong States making process was so that as Con- We ought not do that. We ought to and that the central government, ac- gress said that our national needs look at the record and make the deci- cording to our traditions and our Con- called for more secure documents, the sion in fairness to this man and in fair- stitution, is for the rest of the things State and local governments could say ness to the entire process of confirma- that States, communities, cities and let us talk with you about the realities tion of Federal judges. counties can’t do. According to the at home, about what we use driver’s li- I yield the floor. 10th amendment and its spirit, if we re- censes for, about how many there are, The PRESIDING OFFICER. The Sen- quire it of the State and local govern- about what the cost would be of imple- ator from Tennessee is recognized. ments from here, we should fund it menting new standards, and about how Mr. ALEXANDER. I ask the manager from here. long it might take. In addition, we of the bill if it would be appropriate for Nothing used to make me more angry might have some other ideas about a me to speak now on the amendment I as a Governor than for some Senator or different kind of secure document that propose to offer. Seeing no objection, I Congressman to pass a bill with a big- might be better than a driver’s license will proceed. sounding idea in Washington, DC, hold for this purpose. And there are some The PRESIDING OFFICER. The Sen- a press conference, take credit for it, privacy standards we are worried ator is recognized to speak on the and then send the bill to me to pay. about. amendment. Then that same Senator or Congress- In addition to that, the experience AMENDMENT NO. 2405 man more than likely would be back in with national identification cards Mr. ALEXANDER. Mr. President, I Tennessee within the next few weeks around the world hasn’t been all that will not ask unanimous consent that making a big speech at the Lincoln promising. In Nazi Germany it wasn’t a the pending amendment be set aside Day or Jackson Day dinner about local good story. Those who remember the because I understand from the bill’s control. more recent history of South Africa, managers that at this point there This is such an important issue that when every citizen had a card to carry would be an objection to that. the 1994 elections turned on it, to a around which would decree what their That disappoints me. I have an great extent. I remember dozens of Re- race is and whether they were of mixed amendment I would like to offer. It is publican Congressmen and candidates blood, that sort of ‘‘Big Brother’’ atti- an amendment we discussed in the full standing with Newt Gingrich on the tude is of great concern in the land of Appropriations Committee when it was Capitol steps, saying: liberty, the United States of America. considered, and I hope I have the op- No more unfunded Federal mandates. If we So the negotiated rulemaking process portunity to offer the amendment at break our promise, send us home. was to take into account all of that. another time. That may be one of the reasons the Then came along the REAL ID Act of The amendment was filed earlier Republican Congress got sent home 2005 in the midst of all this careful con- today. It is No. 2405. The amendment last year, because we hadn’t paid sideration. It was attached to the has as cosponsor Senator COLLINS. enough attention to that promise. I emergency supplemental appropria- I ask unanimous consent at this time can remember Senator Dole, when he tions bill of 2005. In other words, it was that Senator VOINOVICH and Senator was the majority leader in the Senate stuck in, by the House of Representa- WARNER be added as cosponsors to in 1995. He was campaigning for Presi- tives, on the troop funding bill and it amendment No. 2405. dent, campaigning around the country was signed into law by the President in The PRESIDING OFFICER. Without and I was often at the same events. He May. We had no choice but to pass it. objection, it is so ordered. would hold up his copy of the Constitu- We had our men and women in Afghan- Mr. ALEXANDER. Mr. President, tion and talk about the 10th amend- istan and Iraq. We had to pay the bills this amendment, the Alexander-Col- ment. That is the spirit I wish to talk for their service. This was just stuck in lins-Voinovich-Warner amendment, has about today. there. We had to vote it up or down and to do with the law we call REAL ID. The REAL ID Act began in a good REAL ID became law. The Senate I will describe REAL ID in a moment, way. The 9/11 Commission rec- didn’t hold any hearings. It was swept but fundamentally what the amend- ommended, in some fairly vague lan- through Congress.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9887 The REAL ID Act superseded that ne- consular report—there are a number of My office has worked with the pass- gotiated rulemaking process included other documents that could be used. port office over the last few months. I in the Intelligence Reform bill, in Then you have to prove your date of would compliment them for the dedica- which the States and the Federal Gov- birth. That might mean you have to tion of the employees and how they ernment were working back and forth bring in two documents. Then you have were trying to deal with this massive to set minimum standards for State to prove your Social Security number. surge, but we imposed upon them a driver’s licenses in an effort to deter That might mean you have to go find burden they simply could not handle. terrorists. REAL ID established a de your Social Security card. I wonder What do we say to the people of Ten- facto national ID card by setting Fed- how many people have their Social Se- nessee: Show up at our 53 driver’s li- eral standards for State driver’s li- curity card today. You are up to three cense offices with the correct docu- censes and making the States create documents. You need the address of mentation; otherwise, you may wait and issue them. your principal residence—you have to for 2 hours, you get up to the window, One might say the States don’t have prove that. Then you have to prove you and then they tell you’ve forgotten to do it. They don’t have to do it unless are lawfully here. That is not just for your Social Security card and you they want their citizens to be unable to someone who is becoming a citizen or must come back again. If they show up fly on airplanes or obtain other nec- someone coming here, this is for every over 1 month, this is going to make the essary Federal services. It is a Hob- single person who drives a car or gets passport application surge look like a son’s choice. So, in effect, the REAL ID an ID; he or she has to prove they are small problem. law, with no hearings, no consideration lawfully here under REAL ID. In all I believe we have a choice in Con- of whether there might be some other the States, that is 245 million people. gress. I think insofar as REAL ID goes, kind of card or set of different cards In Tennessee last year, there were we should either fund it or we should that would be more appropriate, be- 1,711,000 new or renewed driver’s li- repeal it. Fund it or repeal it. came law. The States had to comply censes. I renewed mine by mail; 154,000 It may be that we need to have a na- with that and that meant 245 million renewed theirs online. There will be no tional identification card. I have al- U.S. driver’s licenses or ID holders mail renewals, there will be no online ways been opposed to that, but we live would have to get new identification. renewals in Tennessee or Maryland or in a different era now. But I would The Department of Homeland Secu- Mississippi or Washington State. Ev- much prefer to have seen the Senate rity has not yet issued final regula- erybody will get to go to the driver’s li- debate this in the usual way and let us tions of this massive act, even though cense office. There are 53 of those in consider, for example, whether a secure the States are supposed to be ready to Tennessee, and 1.7 million of us will work card, such as the kind Senator comply with these new standards and show up at those 53 offices, not just at SCHUMER and Senator GRAHAM have measures by May 11 of next year, 2008. one time, not just in 1 week, but just in proposed and Senator CORNYN and I Final regulations are expected to be re- 1 month, scrambling around, trying to have talked about, might not be a bet- leased in the early fall, and this will figure out what documents we need to ter form of ID card. give States just months to reach the have. I can imagine there are going to Most of our immigration problems, May 2008 deadline. be phone calls coming into our offices for example, are related to work. It is true that, thanks to Senator that make the phone calls on immigra- Maybe a secure identification card COLLINS and others, and our willing- tion look like a Sunday school class. would be better, a secure Social Secu- ness to forgo an amendment earlier We need only look at the recent pass- rity card would be better, or maybe, this year, the Department of Homeland port backlog to imagine what might because of privacy concerns and our Security agreed to grant waivers to happen with the REAL ID backlog. We memory of Nazi Germany and our States to delay implementation. But, remember that the passport quagmire memory of South Africa, we want to be still, under the present route, 245 mil- in which we have been in the last few very careful about having anything lion people in America will need to get months was triggered by a very well in- that is actually called a national ID new ID cards by May of 2013. tentioned policy change designed to card or even a de facto ID card. So REAL ID is a massive unfunded man- thwart terrorists. Specifically, new maybe we can work over a period of date on the States to begin with. Last rules were implemented in January of years and help to create several cards: fall the National Governors Associa- 2007 requiring Americans to have pass- maybe a travel card that some can use tion and others released a study put- ports for travel between the United on airplanes or other forms of travel; ting the cost of REAL ID at $11 billion States and Canada, Mexico and most of maybe a work card; maybe some States over 5 years. The Department of Home- the islands of the Caribbean. This would want to use the driver’s license land Security itself said the cost may caused a massive surge in passport ap- as that form of ID card. But the point reach $20 billion over 10 years. To date, plications. There were 12 million pass- would be that there would be three or the Federal Government has appro- ports issued in 2006. The State Depart- four choices which could be used for ID priated $40 million for the States to ment expects to issue 17 million this which would be secure and would help comply with REAL ID, and only $6 mil- year—a 42-percent increase. Prior to with the terrorism threat we face. lion of the $40 million has actually the passport regulations, applications I regret very much that we did not been given to the States. were increasing at a rate of 1 to 2 mil- have a chance to take this problem, Here we go again. After a lot of lion a year. We are expecting an in- this recommendation of the 9/11 Com- promises from Washington, DC, on this crease of 5 million applications from mission, properly through the Senate side of the aisle and on that side of the 2006 to 2007. and consider it. I was glad to see the aisle—we say no more unfunded man- In March of this year, there was a legislation that created the negotiated dates, but we have a real big idea, we backlog of 3 million passports. The cur- rulemaking process that at least in- announce it, take credit for it and send rent backlog is 2.3 million passports. volved the States in what is going on. the bill to the Governors and the legis- Prior to the new regulations, turn- We have an obligation in this body to latures. We let them worry about around time was 6 weeks on regular recognize the fact that if we are going whether to raise college tuitions, raise service and 2 weeks on expedited serv- to have something called REAL ID— property taxes, or cut services over ice. At the worst part of this year, they and according to our own Department here—worry how do we pay for this new were running 12 to 14 weeks on regular of Homeland Security, it is going to mandate? service and 4 to 6 weeks on expedited cost $20 billion over 10 years—then we No wonder 17 States now have passed service. This massive backlog de- have a responsibility to appropriate legislation opposing the REAL ID Act, stroyed summer vacations, ruined wed- that money or most of that money to including Tennessee, which became the ding and honeymoon plans, disrupted pay for it. Today, we are at $40 million. 16th State on June 11 of this year. business meetings and educational That is why Senator COLLINS and Sen- To get an idea of what REAL ID trips, caused people to lose days of ator WARNER and Senator VOINOVICH would require, first, you have to prove work waiting in line, and caused people and I intend to offer this amendment the applicant’s identity, which would to lose money for nonrefundable travel to the appropriations bill to provide take a passport, birth certificate, a and hotel deposits and reservations. $300 million in funding to the States to

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9888 CONGRESSIONAL RECORD — SENATE July 25, 2007 implement REAL ID. In the meantime, and test results also done by inde- its job, whether we are asserting our- I am going to work with other Sen- pendent organizations? Nothing. Toxic selves in terms of a branch of Govern- ators to either reestablish the nego- levels of formaldehyde in trailers the ment that is supposed to provide over- tiated rulemaking process or to repeal Government provided to victims of a sight and accountability. I am confused REAL ID and let us move ahead with a hurricane. as to why this did not reach the different way of developing a secure Here is the scary part. The scary part public’s attention prior to January of identification card. is the General Counsel’s Office within this year. I am proud that it has now. I yield the floor. FEMA was advising the department: I am proud that these kinds of hearings The PRESIDING OFFICER. The Sen- Let’s keep this quiet. We don’t want to are going on and that we are providing ator from Washington is recognized. own this issue. the kind of oversight and account- Mrs. MURRAY. Mr. President, I sug- I am quoting now from things writ- ability of the executive branch that gest the absence of a quorum. ten by the lawyers in FEMA. A man ac- protects the American people. The PRESIDING OFFICER. The tually died in a trailer. There was a I urge my colleagues to support this clerk will call the roll. conference call. As a result of the call, amendment so we can make sure our The bill clerk proceeded to call the the General Counsel’s Office put out a job is to protect the people we serve roll. directive: We are in litigation on this and not to protect Government offi- Mrs. MCCASKILL. Mr. President, I issue. We must be on every conference cials. ask unanimous consent that the order call. Nothing should be done on this I yield the floor. for the quorum call be rescinded. without going through us. We don’t Mrs. MURRAY. I suggest the absence The PRESIDING OFFICER (Mr. want to own this issue. of a quorum. SANDERS). Without objection, it is so All of these kinds of messages were The PRESIDING OFFICER. The ordered. sent throughout FEMA. Now we have a clerk will call the roll. Mrs. MCCASKILL. Mr. President, problem; we have a safety issue for The bill clerk proceeded to call the while I am not offering any amend- American citizens living in trailers roll. Mr. KYL. Mr. President, I ask unani- ments now on Homeland Security ap- that we have given them. mous consent that the order for the propriations, I do wish to speak about FEMA finally goes out and does some testing. They open all the windows and quorum call be rescinded. a couple of amendments I will be offer- The PRESIDING OFFICER. Without ing. turn on the exhaust fans and then say: We don’t think the problem is that se- objection, it is so ordered. First, we all understand that the in- Mr. KYL. Mr. President, I want to spector generals are the eyes and ears rious. We better notify people. We want to notify people, but don’t put our talk about the pending amendment to for not only the public and the execu- the bill. This amendment is called the tive branch but also for Congress with- phone number on it. Tell them there might be a problem. In other words, Graham-Gregg-Kyl-Sessions, et al., in Federal agencies. amendment. I wanted to make a couple As part of a piece of broader legisla- let’s see if we can’t avoid being held re- sponsible by giving out information. of quick comments about it. tion I have previously filed, I wanted to Because the immigration bill failed include in this bill the provisions that But for gosh sakes don’t let them ask a question about what they do to get out on the floor of the Senate, a variety of would relate to the Department of States have begun to pass their own Homeland Security. Keep in mind, the of the trailer, how they get a new trail- er, how they can find out how the prob- laws to enforce certain elements of im- Department of Homeland Security has migration policy, including deter- been on the high-risk list as long as it lem is being addressed. We can take two attitudes in Govern- mining employment eligibility. My has been in existence. The high-risk ment. We can take the attitude that we State of Arizona is one of those States. list is put out, in terms of management want to try to ‘‘CYA’’ and look good or What I noticed that at least a couple issues, by the Government Account- we can take the attitude we are here to of them have done, including Arizona, ability Office. serve the public. Those people in FEMA is to require that employers check with There are so many areas I could go were using Federal tax dollars, and the Department of Homeland Security, into of mismanagement and problems their goal was to help people in times and the basic pilot program we have es- within FEMA and other parts of Home- of need and make sure they stayed tablished as a pilot program, to deter- land Security, but suffice it to say that safe. mine the validity of the Social Secu- my amendment is going to help the This Congress has a solemn obliga- rity status of the prospective em- public get access to the inspector gen- tion to make sure we get to the bottom ployee. It may well be that as States eral’s information. It would require of this. My amendment will require the fill the gap created because the Federal that the Department of Homeland Se- inspector general to do an immediate Government has not adopted immigra- curity put on the home page of their and thorough report as to everything tion reform legislation, especially deal- Web site a direct link to the inspector that happened in this incident and, ing with that subject, that the Depart- general’s report and, furthermore, pro- within 15 days of enactment of this ment of Homeland Security and Social vide information on the home page of law, FEMA must report to Congress Security will be increasingly called how people can, in fact, turn in the De- what action they have taken in re- upon to provide information to the partment of Homeland Security for sponse to this issue. States. Because of that, they are prob- issues of fraud, waste, and abuse. When, finally, this all came to light ably going to need to be able to im- We need to enlist the public’s help. In in a very well run House hearing in prove their systems; not to change order for them to do that, they have to July of 2007, they promised swift ac- what they do or create a Federal pro- know what is going on. It is my goal tion. We need to know what is ‘‘swift gram but at least to be able to respond eventually to make sure the IG Web action.’’ We have to have the indoor to those State inquiries. site is on the home page of every Fed- quality testing and the root cause de- My understanding from the Depart- eral agency, and this is a good start in termination. We must make available ment of Homeland Security is that the Department of Homeland Security. alternative safe housing, and we obvi- they have the capacity to deal with ad- The other amendment I have is trou- ously have to make sure the Office of ditional inquiries now, but they wish bling. In fact, it is scary. After the hur- General Counsel is held accountable for to improve their capabilities and make ricanes in 2005, there were a number of an attitude that is all about covering sure the accuracy level is high of the trailers that were distributed to the our risk instead of protecting Amer- information passed back to the States victims of Katrina and Rita. Less than ican citizens. and to the employers requesting infor- a year later, there was a complaint re- Senator OBAMA and Senator PRYOR mation, and perhaps even to expand garding the condition of these trailers, are working with me on this amend- what it is they can provide by way of and it related to the health of the peo- ment. I anticipate it will have bipar- verification of the validity of the So- ple in the trailers. There was testing tisan support and many other Senators cial Security numbers. So as this proc- done, one test, by FEMA. It found dan- will join us. ess unfolds, we are going to have to gerously toxic levels of formaldehyde. There is a lot of talk around right make sure all of our Government agen- What happened after those test results, now about whether Congress is doing cies—primarily the Department of

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9889 Homeland Security—have what they plementation of a couple of programs, What good is it for us to pass new need to respond to these requests. the biggest one of which was the em- ideas, new laws, and new provisions To that end, one of the elements of ployee verification system. That sys- concerning immigration if they will the amendment that has been offered tem obviously failed along with the not be enforced any better than those here authorizes the expenditure of rest of the immigration bill. That was we have had before? That is the real funds for the specific purpose of im- a pretty expensive item. rub, the real problem we have. That proving the reliability of the basic You will recall that we had manda- was my fundamental concern and ob- pilot program and associated programs tory spending of $4.4 billion—money jection to the comprehensive bill that of the Federal Government that would that would have been collected from failed to pass a few weeks ago. It would respond to State inquiries. Obviously, fines and fees. The $3 billion here rep- not have done the job, it would not my preference is that the Federal Gov- resents the bulk of what that money have been effective, and it did not ac- ernment undertake that ourselves. Our would have been spent on, minus the complish what we need to accomplish. responsibility is to form the immigra- employee verification system and a few I want to share some ideas about the tion laws and secure the border. Having other odds and ends. amendments that I have offered and failed to pass legislation, they can help That is the explanation for the par- why they are important. I believe Sen- our citizens around the country by ticular amount of funding in the bill. I ator KYL said that we have broad bi- having the most robust database pos- hope our colleagues will think care- partisan support for this. There was sible that is easy to access and, there- fully about this amendment. Its pur- some belief that if enforcement amend- fore, States and employers throughout pose is good. I think its execution is ments are passed, then some people the States can take advantage of. good. It is on the right bill. What it would never confront the other aspects The only other thing is that I support does that is a bit troublesome to some of immigration that others believe this amendment because it includes Members is provide some authoriza- need to be confronted. I think the many of the features that were part of tion, though that is not the primary truth is that people tried to hold hos- the immigration bill that almost ev- element; it would not be the first time tage enforcement in order to gain sup- erybody agreed with. What you heard we provided authorization on an appro- port for a new idea of immigration, and in the debate was that we all agree we priations bill, but I can see there is an amnesty, or a legalization process need to secure the border, enforce the some of that in here. The other aspect that the American people didn’t agree laws, return to the rule of law, but— is the emergency funding nature. One to. It didn’t work. So let me share a there was always a ‘‘but’’ and different way or another, we are going to have to few thoughts that I think are impor- people had different reasons they didn’t get the funding to do the things the tant with regard to having a good legal want to support the bill. But the bot- American people have insisted on. I system for our borders. tom line was that almost everybody have no objection to doing this as First, we have to have more barriers, here supported the essential enforce- emergency funding. If we can fund $100 more fencing. The funding for the fenc- ment features. billion for the Iraq war, for example, I ing that we asked for—the 700 miles of The Department of Homeland Secu- think we can fund $3 billion to secure fencing—would be included in the rity appropriation bill, therefore, is the our own border. If the loss of the immi- amendment that has been proposed, of- appropriate place to include funding gration bill a month ago taught me fered, and called up. That is a good step for the execution of the laws that cur- anything, it was that the American in the right direction. I will offer sepa- rently exist and, almost without excep- people are very skeptical that we are rately an amendment asking the tion, this amendment does not add new committed to enforcing the law. I be- GAO—our Government Accountability authority or programs for enforcement lieve until we demonstrate to them a Office—to analyze the cost. The cost but rather identifies areas in which en- seriousness of purpose by actions rath- factor that I have heard is about $3.2 forcing existing law would be enhanced er than words, by the appropriation of million per mile for the fence. That ex- through greater capability achieved money and by the expenditure of that ceeds my best judgment of how much through the expenditure of funds that money on things that they can see that I think it ought to cost to build a could, among other things, hire more make a difference in enforcing immi- fence based on my experience of build- personnel or in other ways make the gration policy, they are not going to ing a fence in the country in the past. give us the green light to adopt a more system more robust. Fences usually do not cost millions of Here is one specific example: Most comprehensive immigration reform dollars but, this fence on the border is folks like to refer to securing the bor- bill. That is why I am supportive of going to cost a lot of money. Yes, we der, and the symbol of that is the hir- this amendment as the next step to- need a lot of fencing on the border, and ing of more Border Patrol. That is fine; ward solving the problem. I think we maybe double and triple fencing in we need them. But we also know that want to solve it. I think this is a step some areas. We need high-tech cam- 40 percent of illegal immigrants in the in that direction and I, therefore, urge eras, and that will run the cost up. But my colleagues to support the legisla- United States didn’t cross the border sometimes you get the impression that tion. illegally. They came here on visas and the people who don’t believe in fencing Mr. COCHRAN. Mr. President, I sug- are running the cost up so high that then overstayed their visas illegally. gest the absence of a quorum. The question is, what can we do to en- The PRESIDING OFFICER. The maybe the American people will force our visa policy, as well as what clerk will call the roll. change their mind about the fence. We can we do to secure the border? The legislative clerk proceeded to know the fence at San Diego was a This bill focuses on that visa over- call the roll. great success. People on both sides of stayer problem and provides funding Mr. SESSIONS. Mr. President, I ask the border appreciate it. What was a for the kind of particular investigators unanimous consent that the order for rundown, crime-prone area on both and agents for Immigration and Cus- the quorum call be rescinded. sides of the border in San Diego is now toms Enforcement that would ordi- The PRESIDING OFFICER. Without making economic progress, and illegal narily be looking at that problem. In objection, it is so ordered. immigration and crime in that sector addition, it explores ways in which the Mr. SESSIONS. Mr. President, I filed is way down. Putting up a strong fence entry-exit system can be implemented earlier a number of amendments. I is the right thing for us to do and we and we can understand who has over- want to talk about some of those and must do it if we are serious about en- stayed their visas so that can be en- why I think that they are important. I forcement. forced. am pleased to say many of them have I ask for commonsense purposes, tell There is much else in this amend- been included, all or in part, in the me how we can have enough border ment that is good policy and that Graham-Gregg-Kyl-McConnell amend- agents to cover 1,700 miles for 24 hours backs up that policy by the expendi- ment that I have cosponsored. I think, a day, 7 days a week? Are they just ture of funds. The $3 billion figure in in effect, it represents a positive step going to stand out there all day and all here is, very roughly, an approxima- to creating a lawful system of immi- night? We need barriers that will mul- tion of what the immigration bill that gration, which I believe we owe to the tiply the Border Patrol officer’s capa- we debated provided for, minus the im- American people. They expect that. bility to respond in an effective way to

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9890 CONGRESSIONAL RECORD — SENATE July 25, 2007 apprehend those who break into the across-the-board cut, and the other is tice withdrew that opinion. So there is country. designated as emergency spending. uncertainty—the Presiding Officer Through a combination of these ef- If we are able to adopt the amend- knows how uncertain it can get involv- forts, we can get to the point where we ment offered earlier today by Senator ing the prosecution of cases in multiple go from an open border to a border that GRAHAM and others, perhaps that will jurisdictions—about what the power of people understand to be closed, and, as go a long way to solving the problems local law enforcement is to participate a result, we could see a reduction in I have raised, but, in fact, we could go in helping to enforce immigration the number of people who attempt to further and should go further. laws. come into our country illegally. My next set of amendments addresses The issue is very real. Just today in I am pleased that a good part of the State and local law enforcement’s abil- the Washington Times, there is an arti- State and local law enforcement provi- ity to assist Federal law enforcement. cle about it. The article is entitled sions I have provided for will be in- My amendment allows for some of the ‘‘Virginia eyes plan to deport illegals. cluded in the amendment. I am pleased grant moneys appropriated by the bill Panel suggests a statewide policy.’’ It that a good part of the National Guard to go for State and local training exer- is being discussed all over the country. provisions I have offered, including cises, technical assistance, and other They say in that article: continuing Operation Jump Start, will programs under the law. This would be Other areas, such as the role of local and be included, and the criminal alien pro- a pot of up to $294 million to be used to State police officers in enforcing immigra- visions dealing with removing those reimburse State and local expenses re- tion law, are more ambiguous. It is not clear aliens who have been convicted of lated to the implementation of the INA what the State’s role is in enforcing immi- crimes are deported. section 287(G) agreements. gration law, Mr. Cleator said. I am pleased that we are moving to- Under the Immigration and Nation- He is senior staff lawyer for the Vir- wards ensuring that illegal entrants ality Act, State and local governments ginia State Crime Commission. He said will be prosecuted when they come into can sign memorandums of under- it is not clear what the State role is, the country illegally. This can be done standing—they are referred to as MOUs and there is some ambiguity, less than by expanding the Del Rio, TX, zero-tol- in the Government. When two foreign most people understand, but there is a erance policy to other areas of our bor- nations do it, they call them treaties. perception of ambiguity, and there is der so that illegal aliens who come It is about as complex. MOUs are im- some ambiguity. That is why my across the border are not just met and portant—with the Department of amendment is needed and important. greeted, given free meals, and taken Homeland Security to have their law My amendment will place additional back home, but actually are convicted enforcement officers trained to work information in the National Crime In- of the crime that they committed when with DHS and to enforce immigration formation Center’s immigration viola- they came across the border illegally. law. That is how State and local people tors file so that critical information on We have seen good results from that work together. My amendment encour- final orders of removal, revocation of program. And there are some other ages State and local governments to visas, and expired voluntary departure provisions that are important. seek out these agreements and partici- agreements can be readily available to I have filed three amendments deal- pate in them. The Federal Government State and local law enforcement offi- ing with the fence. The first deals with needs to welcome State and local law cers. They need that information so a GAO study of the cost of the fencing. enforcement’s assistance at every op- they can make the right decisions We need to know how much money has portunity, not discourage it. when they apprehend somebody going been spent thus far—there is a lot of Alabama was the second State, I am about their normal business on matters confusion out there—how much fencing pleased to say, in the Nation to sign such as speeding and the like. is now in place after all the money we such an agreement. We have trained 3 The National Crime Information Cen- have spent, how much it is costing and classes of approximately 20 State ter is the bread-and-butter database of will cost the American taxpayers in troopers each for a total of 60 State local law enforcement, and they need the future, and whether there are bet- troopers who are now ‘‘cross-des- this information properly inputted into ter techniques and procedures by which ignated’’ to work with the immigration that computer center because the we can build more fencing for less cost agency, ICE. Each class cost the State State law officers will be the ones rou- faster without significantly sacrificing of Alabama about $40,000. The State of tinely coming into contact with unlaw- quality. That is what that study would Alabama had to pay to train their offi- ful and deported aliens during the include. The Government Account- course of their normal duties, such as a ability Office regularly evaluates those cers in this fashion so they could par- DUI charge. They want to know some- kinds of issues, and I believe they will ticipate with the Federal Government. thing about them, and the information give us a valuable report that will help They have spent about $120,000 to date is not being readily placed in that com- us in the future. to help the Federal Government en- A second amendment calls for full force Federal immigration laws. I puter. Everybody knows that virtually funding of the fencing. think we can do better. We should en- The Secure Fence Act of 2006 that I courage State law enforcement offi- every law enforcement officer in Amer- offered, which was signed into law, re- cers, and we should help fund this part- ica who stops somebody for an of- quires 700 miles of fencing. This nership program. I have no doubt in my fense—such as DUI, theft, burglary, amendment which I offered would fully mind that is the right way. robbery—runs the suspect’s name in fund the 700 linear miles of southern Then I have an amendment that af- the National Crime Information Cen- border fencing required by providing firms State and local authority and ex- ter, and this is done to determine $1.548 billion to be used for the con- pands of the immigration violators whether there are pending charges struction of topographical mile 371 files in the National Crime Information against the suspect, whether the sus- through 700. That is what the law re- Center, that is not in the Gregg amend- pect had been convicted of other quires. ment. My amendment would reaffirm crimes or if other charges will require The Congressional Research Service the inherent authority of State and that the suspect be held in addition to and the Department of Homeland Secu- local law enforcement to assist the the charge for the original stop. This is rity have told us that 700 linear miles Federal Government in the enforce- done every day through tens of thou- in the act will actually require more ment of immigration laws. sands of inquiries to NCIC. I have dis- miles topographically; so the 700 linear Confusion among the circuit courts, covered that they are not putting a miles becomes close to 854 topo- particularly dicta in a Ninth Circuit sufficient amount of the immigration graphical miles. So my amendment decision that appears to be somewhat violation information in NCIC. We will fund the remaining 484 topo- contradictory to the Fifth and Tenth have to do that if we want that a law- graphical miles of fencing not cur- Circuits, is involved. That has led to a ful system of immigration to work. If rently funded for construction by De- Department of Justice Office of Legal someone doesn’t want lawful immigra- cember 31, 2009. Counsel opinion that questioned some tion to work then they will not put I have drafted this amendment in two powers of State and local law enforce- that immigration violators’ informa- ways. One is to be paid for with an ment. And then the Department of Jus- tion in NCIC.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9891 Another issue I have raised is Oper- end of their State or local criminal That is a huge number of illegal aliens ation Jump Start. This deals with Na- sentences. They should not be allowed that we could eliminate, or reduce, if tional Guard funding through the end to slip through the cracks and be re- we could handle this process of taking of the year 2008 and improvement in leased back into society. That is not care of their deportation as soon as the rules of engagement. There is fund- what our laws call for, but it is hap- they have finished their criminal time ing in the Gregg amendment for this pening every day. in jail. matter, but it did not include rules of Additionally, State court judges Currently, the Department of Home- engagement language. should not be allowed to vacate convic- land Security and the Department of My amendment, and a similar tions or to remit sentences for the pur- Justice have implemented a zero toler- amendment filed by Senator KYL for pose of allowing the alien to escape the ance policy at the Del Rio sector of the another bill, provides the funding, immigration consequences of their border. This policy makes sure that which is $400 million, needed to keep crimes. Those events that criminal every illegal alien is prosecuted for the current National Guard presence of aliens are not being deported and that their illegal entry into the United 6,000 guardsmen on the southern border some criminal aliens are avoiding the States. It is a misdemeanor for the through the end of 2008. The adminis- immigration consequences of their first offense. It is a criminal offense, tration’s plan is to reduce those forces crimes are of great concern to the but it is a misdemeanor for the first of- by half—down to 3,000—by September American people and Border Patrol fense of coming into our country ille- 2007. So by next summer, they want to agents who are out there working their gally. This policy has decreased illegal have those numbers in half. The Na- hearts out. entry into the Del Rio sector by 58 per- tional Guard is working to deter illegal So my amendment will double the cent. border crossings. They are big making funding—$300 million—that DHS has Now, when you consider that last a difference there. They are also help- for the institutional removal program, year we arrested 1 million people at- ing us create the impression that our a program that allows DHS to identify tempting to enter our country ille- gally, you get an understanding of border is no longer open, that it is criminal aliens while they are in jail what a 58-percent reduction in illegal closed and it is not a good thing for serving State and local sentences. Once entries means when that kind of policy someone to try to come across it ille- they have been identified, they go is enacted. Though there are nine bor- gally. Removing the National Guard through the paperwork, and the admin- der sectors, Del Rio is the only one members when they have been so suc- istrative removal process can be com- that has such a policy. My amendment cessful would be premature. pleted while they are in jail. This al- would expand the success of the Del If we take all these actions and keep lows the criminal alien to be put di- Rio project to the two border sectors the National Guard at the border, we rectly into the Department of Home- with the highest crossing rates—Tuc- can help reach that tipping point that land Security’s custody at the end of son, AZ, and San Diego, CA. I referred to earlier. their prison term, so that they can be My amendment also requires that In addition, my amendment will quickly deported. until a zero tolerance policy is fully in allow the National Guard members to My amendment expands the criminal place, the Department of Homeland Se- have a greater role in stopping illegal alien program by directing that the curity must refer all illegal entries aliens along the border. National Secretary of DHS implement a pilot along the Tucson-San Diego sector to Guard members should be permitted to project to evaluate technology to auto- the respective U.S. Attorneys’ Offices aid in the apprehension of illegal aliens matically identify incarcerated illegal for prosecution. The U.S. Attorneys’ crossing the border, at least until a aliens before they are released. Man- Offices must then provide a formal ac- Border Patrol agent comes on the power alone won’t get this job done. ceptance or declaration of that pros- scene. Today, they are only permitted But if we start correctly with tech- ecution request, which would then to use nondeadly force for self-defense nology, we can make great progress. It allow a record so that Congress can or the defense of others. So they can- can be a big improvement in our cur- know what all is happening—whether not apprehend illegal aliens that they rent system. additional resources are needed to fully see crossing the border because they In addition, my amendment ensures implement this highly effective policy cannot use force unless it is to defend that when a criminal alien commits a along the entire border. I think that is themselves or others. The rules of en- crime, then the original conviction and a good step in the right direction. gagement prevent them from effec- sentencing will stand when DHS has Also, Madam President, we have the tively apprehending illegal aliens. My determined whether the alien is deport- question of affidavits of support and amendment will allow those brave and able based on their crimes. This en- their lack of use and my amendment effective National Guard members to sures that the trial judge’s decision to deals with that. Since 1997, most fam- apprehend illegal border crossers until change the sentence or the judgment of ily-based and some employment-based the Border Patrol officer can come to conviction won’t be able to undermine immigrants have to have, and do have, their location. the immigration impact of the original a sponsor that guarantees the immi- Another big deal is that we want to judgment. grant will not become a public charge. make sure criminal aliens are de- Madam President, we have a real In other words, they are admitted into ported. In effect, this language in the problem. We have a situation in which the country, but only on the condition amendment I will offer and filed is in- 27 percent of the persons in the Federal that if they have financial needs, this cluded in the Gregg amendment. It and State penitentiaries are foreign sponsor will take care of that, not the deals with this problem. The American born—this is an amazing number to taxpayers of the United States. That is people understand the need to deport me—and they are there for crimes a legitimate condition, I submit, to aliens, legal and illegal, who have com- other than immigration—for drugs, place on entrance into the United mitted crimes in the United States, fraud, sexual abuse, violent crimes. States. crimes that make them deportable. We Large numbers of them—the majority So the sponsor would enter into a have laws that say that if you are here of them—are persons who are not citi- contract with the Federal Government, in a nonpermanent status and you zens. They have been involved in promising to pay back any means-test- commit a crime, then you are to be de- crimes of a serious nature, and they ed public benefits the immigrant would ported; nonpermanent status means should be deported when they complete receive. There are some exceptions— that you do not have legal permanent serving their sentence for those crimes. medical assistance, school lunch, Fed- status or citizenship in America. And That is what is not occurring. eral disaster relief. one of the conditions of that admission In fact, we have at this moment, we To my knowledge, the Federal Gov- is that you don’t commit crimes. That believe, some 600,000 absconders. These ernment has never gone after sponsors is not too much to ask. That is our are people who have been apprehended to ensure they follow through on the standard. Most countries have a simi- and ordered deported, who are told to commitment they have made. My lar standard. report for deportation, or similar or- amendment will require a study to be And criminal aliens should be de- ders, and have just simply absconded done by the Government Account- ported, as a matter of policy, at the into the country and never shown up. ability Office to determine the number

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9892 CONGRESSIONAL RECORD — SENATE July 25, 2007 of immigrants with signed affidavits of other words, these provisions, which I a good political ring to it out there on support that are receiving or have re- think would have broad bipartisan and the hustings, that we are doing some- ceived Federal, State, and local bene- public support, these provisions should thing, but as we have seen time and fits when those immigrants really are not be used as a vehicle to try to drag time again, as long as we are not going not eligible and should have turned to on things that people don’t agree to deal with the magnet of jobs, the ef- their sponsors for support. A GAO with—certainly not at this time. forts we have on the border—we can study is needed to determine how much So I support these amendments. I am build the fences, people have ladders to revenue the Federal Government could glad we do have the Graham-Gregg- go over them; or you can build fences collect if they enforced these contracts McConnell-Kyl amendment on the and people will burrow and go under- and insisted that the individual who floor, and I support that. And I would neath them—as long as you have the sponsored the person into the country ask these amendments be considered in powerful magnet of jobs, the efforts actually pays what they are supposed due course. will fail. to pay. Madam President, I yield the floor, We are going to have a vote on this We need to preserve means-tested and I suggest the absence of a quorum. issue, although I, for one, believe hav- public benefits for those who are truly The PRESIDING OFFICER (Mrs. ing strong border security is a key as- needy. We don’t have enough money to MCCASKILL). The clerk will call the pect of having comprehensive reform. take care of all the people in our coun- roll. That is why a number of us are going try and shouldn’t have to take care of The assistant legislative clerk pro- to support an alternative to the Gra- people when they have a sponsor who ceeded to call the roll. ham amendment, an alternative that promised to take care of them and Mr. KENNEDY. Madam President, I recognizes, No. 1, this is a complex promised that the sponsors would pay ask unanimous consent the order for problem—we are for border security back the money for any benefits that the quorum call be rescinded. and control, to the extent we can—but, the immigrants received. The PRESIDING OFFICER. Without No. 2, that we have a situation affect- So those are some of the amendments objection, it is so ordered. ing millions of Americans in agri- I offered. There is much that we can do Mr. KENNEDY. Madam President, culture and that is, if we are going to to make our system of immigration at before the Senate, I understand, is a have border control we are going to the border more effective. I would just Graham amendment dealing with bor- have to be able to provide agricultural cite that it is a matter of national se- der security. Then there is a second-de- workers. That is why I hope the Senate curity. We absolutely know that we gree amendment that has been offered will consider an amendment which will have many people who simply want to on top of that which effectively is have the border control provisions but come to America to work and don’t where we are at the present time. I also have what is called the AgJOBS want to cause any attack on the United would like to make a few comments provisions that will address what is the States, and they are good people. They about this whole issue that has been need in agricultural America. simply would like to make more brought up by Senator GRAHAM in Without it, as we have heard so elo- money, which is available in the terms of the security aspects at the quently from Senator FEINSTEIN, as we United States, than if they stay in border. heard from Senator LARRY CRAIG, we their home country. But we also know Those of us who supported a com- are going to have devastation in major that since we are not able to accept ev- prehensive program on immigration re- parts of our country. eryone who would like to come to form supported strong border enforce- If you are going to have border secu- America, we have to have rules about ment because we know there are 400,000 rity, you are going to have to have who can come and who cannot come or 500,00 people who have come across some way for these workers to get in. and those we let come have to obey our the border, minimally, a year. We don’t The AgJOBS bill is the bill that has laws. know their names. We don’t know had over 60 Members of the Senate who One of the first and toughest rules where they go. They disappear into have been supporters of that program. should be that we don’t allow people to American society. There is no ques- That seems to me to begin to make a come here who are terrorists, or have tion, on a matter dealing with home- good deal of sense. terrorist connections that could land security, we have to be serious Recognize, in dealing with this whole threaten our country. about dealing with our borders. We un- issue in a comprehensive way, the most Next, we need to ask ourselves how derstand that. vulnerable people inside our borders, many persons should come in legally, That is why it is so interesting to those individuals who are here and are and under what conditions, what kind me, when I saw we had that oppor- undocumented in so many instances of skills and abilities and education tunity 2 years ago, we had a great deal are young people, brought here through level and language skills they should of fuss on the other side about building no fault of their own because their par- have. That should be part of a good and a fence along the border and then, after ents brought them here when they effective immigration policy. they got their vote, the Republicans were under 16 years of age, who are I will just say, however, that any never funded that particular program. here for more than 5 years, serving 2 such rules are absolutely worthless if When we had a chance a few weeks years in the military, graduating from we have a wide open system where peo- ago to do something on comprehensive the high schools of this country—it is ple come across illegally on a regular border control, again the Republicans, called the DREAM Act. basis and they know they have a high the other side, voted no; they voted it I see my friend and the principal probability for success to come here il- down. Now we have the proposal to try spokesperson and sponsor of that, the legally. Indeed, we know they do be- to, I guess, make them politically OK Senator from Illinois, Senator DURBIN, cause we have about 12 million people among the voters. We know this issue on the floor. He speaks so well to this here illegally. of undocumented and illegal immigra- issue. When we have the amendment So those are some steps I suggest we tion is a complex one, is a difficult one. before the Senate, I will review some of can take that will improve our legal We know the primary reason people the great, important successes of many system. I am pleased that a number of come across the border down in the young individuals who came here un- those will be included in the Gregg- Southwest is because of the magnet of documented and have worked long and Graham amendment and will not re- jobs in the United States. This amend- hard and have graduated from high quire a separate vote. ment does nothing about the magnet of school, which is no mean feat when you I hope we will take this responsi- jobs. We should not delude ourselves, if have more than a 50-percent dropout bility seriously. I see no reason we we say we are going to support this rate among the Hispanic community. should not undertake the actions that I particular proposal and then not deal The fact that these individuals are have suggested, which have bipartisan with what is the basic cause of the here, want to be part of the American support in the Congress. I hope they hundreds of thousands of people who dream, want to contribute to our Na- will not become part of some grand come here, and that is the magnet of tion—the DREAM Act gives them the agreement that everything else that we jobs. This amendment doesn’t deal hope and opportunity for the future, can’t agree on has to be a part of it. In with the magnet of jobs. Maybe it has which so many who have come here as

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9893 immigrants and as children, who want is familiar with it. Let’s do what is proach to the 10 to 12 million illegal aliens in to be a part of the American dream, necessary at the border. Let’s do what the country today and the many more who have felt. is necessary to ensure that agriculture will attempt to migrate to the United States This will be a proposal I hope we will and those workers who have worked in for economic reasons. have a chance to vote on. It will have the fields are going to have the respect This is from the Coalition for Immi- the border security aspects included in and dignity they should have. That has gration Security. This is from a White the Graham proposal. It will recognize, bipartisan support. Let’s insist we are House official charged with homeland if you are going to try to close the bor- going to include the DREAM Act, security. This is a security issue, and der, you are still going to have the which has strong bipartisan support as we believe it is important. The final point I mention to my great agribusiness in our country that well. friend from New Hampshire is a key as- is going to demand workers. We have a Let’s move on and accept that con- pect of the DREAM Act is to encourage way of responding to that, a way about cept. That includes the basic thrust of these young people to serve in the mili- which Senator FEINSTEIN and Senator the amendment of the Senator from tary. At a time when we have critical LARRY CRAIG have spoken to this body, South Carolina. Then let’s move ahead needs in the military, the opportuni- a familiar path that makes a great deal with the Homeland Security bill. ties for these young people to serve in of sense. That will be part of the pro- I know my friend from Connecticut the military will give a very important posal. Then we say to some of the most wishes to address the Senate. boost to the Armed Forces of the coun- vulnerable individuals here, we recog- Mr. GREGG. Will the Senator yield try, and that obviously is dealing with nize the challenges you are facing. for a question? The proposal we are going to offer is the security of the Nation. Mr. KENNEDY. I will yield briefly, The PRESIDING OFFICER. The Sen- a downpayment on a day where we without losing my right to the floor, ator from Connecticut. might be able to come to a more com- yes. Mr. LIEBERMAN. Madam President, prehensive approach, which will be Mr. GREGG. I understand the Sen- I rise to discuss an amendment Senator clearly in the interests of the Nation ator is essentially embracing the con- COLLINS and I intend to introduce. I and in the interests of those who have cept of moving forward independently gather the parliamentary situation is come here and hopefully are looking with the DREAM Act, essentially; is such that there will not be a grant of forward to being a part of the Amer- that the position of the Senator? unanimous consent to set aside the ican dream—pay their fines, pay their Mr. KENNEDY. We would have an pending amendment, so we did want to dues but be a part of the American amendment that would have border se- take this opportunity to discuss an dream. curity and AgJOBS and the DREAM amendment which would add $100 mil- I also mention I was somewhat trou- Act together, put in together, so we lion to the Homeland Security appro- bled by the provisions of the Graham will deal with border issues but also priations bill for the purpose of funding amendment, which effectively will say, recognize, if you are going to have a efforts at the State and local level to for those who have overstayed their strong border, if we are going to keep make communications between our law visa—and we know that is about 46 per- out agricultural workers, that we have enforcement personnel interoperable— cent of all the undocumented. You a major agricultural industry here, and they can talk to each other. This is a can’t deal with the problem of the un- we ought to accept AgJOBS which, I pressing need for homeland security, documented here in the United States think at last count, has 66 cosponsors, for disaster response. and just close the border because al- Republicans and Democrats. Also, we I know my friend and colleague from most half of those who are undocu- have an emergency with that par- Maine cannot remain on the Senate mented here come from overstays. So ticular proposal. Also, look at those floor for long. So I yield to her for let’s not confuse the American people who are the most vulnerable people in some comments about our amendment. and beat our chests and say we have this country, and those are the chil- Then I will retake the floor. taken a strong security position by dren who have been brought here The PRESIDING OFFICER. The Sen- dealing with the border and not dealing through no fault of their own, trying to ator from Maine. with the undocumented. be a part of our system. Many of them Ms. COLLINS. Madam President, We have 12.5 million undocumented are in the Armed Forces of our coun- first, let me thank the committee here. We simply do not have enough de- try. It is called the DREAM Act. The chairman, Senator LIEBERMAN, for his tention centers in which to detain Senator from Illinois has been a prime graciousness in yielding to me. them. sponsor. I am pleased to be a cosponsor of We want to deal with the terrorists. We think, with that combination, Senator LIEBERMAN’s amendment to We want to deal with the drug smug- that will be much more responsive to add $100 million for an interoperability glers. We want to deal with the hard- the real challenges we are facing, both communications grant program. Last ened criminals. Rather than focusing from a security point of view and from year, the Homeland Security Com- our attention on those goals, we would an economic point of view, an agricul- mittee spent 8 months investigating divert precious resources to what? tural point of view and from a humane the flawed response to Hurricane Jailing women and children, taking the point of view. Katrina. overstays and putting them into deten- Mr. GREGG. If I could simply make It was very disappointing for the tion? We have an undocumented prob- the point in the form of a rhetorical committee to learn that the same lem and what are we going to do? This question: I am not sure the DREAM kinds of problems in the ability of is not the solution. This whole scenario Act, as viable as it may be, has a great emergency first responders to commu- sounds like another plan like we had in deal to do with Homeland Security’s nicate with one another that were evi- Iraq: Al-Qaida in Afghanistan was the job on the border. Of course the dent in the response on 9/11 still existed organization who attacked the United Lindsey Graham amendment, of which that many years later and hampered States and what did we do? We went I was a sponsor, is focused at Homeland the response to the victims of Hurri- into Iraq, wasting our resources. This Security’s responsibility on the border. cane Katrina. amendment is focused on roundups and But I appreciate the point of the Sen- When the 9/11 Commission reviewed mass detention, rather than target the ator. I am not sure why he stopped all that went up to the attacks on our real threats which are terrorism and there. Why doesn’t he just reoffer the country on 9/11 and evaluated the re- crimes. This amendment on the Home- entire comprehensive immigration sponse, it identified the tragic truth land Security Appropriations bill is not bill? that many firefighters, police officers, the answer. Mr. KENNEDY. This, I believe, is the and other emergency responders lost It seems to me an alternative ap- downpayment. I remind my friend, and their lives on 9/11 because their com- proach makes a great deal of sense. then I will yield the floor: munications equipment was incompat- This is a modest program. It is a well- Enforcement alone will not do the job of ible. The police could not talk to the thought-out program. It is a tried and securing our borders. Enforcement at the firefighters, who could not, in turn, tested program. It is a program where border will only be successful in the long talk to the emergency medical per- they have had hearings and the Senate term if it is coupled with a more sensible ap- sonnel.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9894 CONGRESSIONAL RECORD — SENATE July 25, 2007 We found exactly that same problem I yield to the Senator from Con- natural disasters because there is an existing years later in the response to necticut. obvious overlap in what those capabili- Hurricane Katrina. In fact, we found Mr. LIEBERMAN. Madam President, ties will do. that within the same parish of New Or- I thank my friend from Maine for an So the 9/11 legislation conference re- leans, police and firefighters often had excellent statement. port will be before the Senate soon. It incompatible communications equip- First, I thank the leadership of the does authorize a new interoperability ment. It should be evident if our first Appropriations Committee, Senator emergency communications grant pro- responders cannot talk to one another BYRD, Senator COCHRAN, Senator MUR- gram. It should, hopefully, provide ad- in the midst of an emergency, the re- RAY, for working as hard and effec- ditional and much needed resources to sponse is going to be greatly hampered, tively as they have to provide funds help the Nation’s first responders. and in some cases that means addi- that are critical to securing our home- Now, I used the word ‘‘hopefully’’ ad- tional loss of life. That is just unac- land. visedly because this new grant program ceptable. In fact, the committee added two and the 9/11 legislation creates will not help State and local governments recog- a quarter billion dollars for Homeland our first responders unless we put some nize their problems with emergency Security above the request of the money into it. That is what this bill communications, which is why the De- President’s budget. For that, they are and this amendment to this bill that partment of Homeland Security re- to be thanked. That is exactly the Senator COLLINS and I are offering ceives more requests for funding to up- right thing to do at a time when the would do. It would provide $100 million grade and purchase compatible emer- threat of terrorism continues to be a for the program in fiscal year 2008. It is gency communications equipment clear and present danger for our Amer- below the $400 million authorized in under the State Homeland Security ican homeland. the budget resolution. But this $100 Grant Program and the Urban Areas Senator COLLINS and I are offering million is a good start and an oppor- Security Initiative than for any other this amendment because, as she said, tunity to essentially put our money allowable use. we believe the committee has not pro- where our promise was in the 9/11 legis- The experts tell us the only way we vided anything for one of our Nation’s lation. are ever going to get a handle on this highest priorities, and thus an adjust- This actually is a very modest problem is if we dedicate funding for ment is needed and I speak of inter- amount compared to the overall needs this purpose. The Homeland Security operability of communications systems there are across the country. Yet it is bill that is about to emerge from con- among law enforcement personnel, first a good beginning. 9/11 taught us many ference would establish a multiyear responders, the very fundamental ca- lessons about what we need to better program to achieve that goal. But we pacity in an emergency to pick up protect our homeland, and one clearly need to make a downpayment on that whatever means of communication was improve the ability of our first re- program through this appropriations they have and speak to the firefighters, sponders to talk to one another. bill. police officers, and emergency respond- I know none of us will ever forget I know the leaders of the Appropria- ers wherever they may be. 9/11/01, that day we watched live on tel- tions Subcommittee on Homeland Se- As Senator COLLINS indicated, just to evision as the extraordinarily brave curity have worked very hard, and build some history, in the Senate budg- New York City police, firefighters, and there are many demands on the money et resolution conference report earlier other emergency personnel raced into that is available. But I would urge this year adopted by the Senate, we the doomed buildings trying to save them to take a look at our proposal. provided for $400 million to be spent lives, many of them not actually on Creating an interoperability emer- next year for this program in helping duty but knowing a crisis had oc- gency communications network is a States and localities to allow their curred, running to help their fellow complicated, expensive, and lengthy first responders to talk to each other citizens, to help their fellow first re- process. It is the type of multiyear in a crisis. That is the budget resolu- sponders. project that requires States to know tion. It is a first step, but it was an im- But as we watched, we could not see how much money they will be getting portant step. what was happening inside the building each year for several years in order to Senator COLLINS also referred to the where another tragedy was occurring. come up with the kind of regional plan conference committee on the 9/11 legis- Inside the World Trade Center build- that is needed to address this problem. lation that passed both Houses of the ings, the uncommon heroism of the Even the most effective preincident Congress. We have been in conference first responders was running into un- planning will prove ineffective if first for some period of time. I am happy to necessary chaos. The incredible brav- responders are unable to communicate say we concluded the conference suc- ery of those men and women was run- with each other effectively in real cessfully within the last 24 hours, and a ning into avoidable confusion, all of it time, on demand, during an actual inci- report is now circulating among the caused by their inability to talk to one dent, and in the immediate aftermath. members of the committee to have another on the communications sys- I would point out that Senator LIE- them sign it. I gather that a majority tems they had. BERMAN and I also sponsored an amend- of members of the House committee One fire chief told the 9/11 Commis- ment when the budget was on the Sen- have already signed, and Senators, in sion: ate floor, which was adopted just 4 their wisdom, are taking a little longer People watching on TV that day certainly short months ago, that provided $400 to read the report. But I am confident had more knowledge of what was happening million for this critical purpose. Yet, that before the end of the day we will 100 floors above us than we did in the lobby unfortunately, the appropriations bill have a majority there, too, as well. of that building. before us contains no funding for inter- Well, the conference report on the The sad, tragic fact is we know that operability communications grants. 9/11 legislation, which is before us, to this failure of interoperability of com- Now, we recognize the competing de- implement as yet unimplemented parts munications cost lives, too many lives. mands, and that is why the Senator of the 9/11 Commission Report, or those There were other communications from Connecticut and I are proposing a parts that have been inadequately im- breakdowns that day that hampered modest program of only $100 million plemented, and/or, frankly, ideas that the response efforts at the Pentagon rather than the $400 million that was the respective committees in the House and in Shanksville, PA. Then, as Sen- adopted during consideration of the and the Senate have had on our own ator COLLINS said, during Hurricane budget resolution. initiative to strengthen our homeland Katrina, and the gulf coast, we saw a I urge my colleagues to join Senator security against the threat of ter- problem of communications that went LIEBERMAN and me in supporting fund- rorism, which as I said earlier is clear beyond interoperability; it was the fail- ing for interoperability emergency and present, as the most recent reports ure to operate in that crisis. communications. This is a high pri- on al-Qaida and its intention to strike Phone lines, cell towers, and elec- ority for our first responder commu- us make painfully clear, and to create trical systems were destroyed by the nity, for those who are on the front the kind of apparatus that will protect storms, making it nearly impossible at lines when disaster strikes. the American people in the event of times for many first responders and

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9895 government officials on the gulf coast the floor, I appreciate his leadership on ment the pending amendment or is the to talk to each other, to get the public the 9/11 Commission recommendations Graham amendment pending? assistance, to rescue people in danger. conference report and the bill gen- The PRESIDING OFFICER. Both This massive failure was so bad that erally and, of course, the work he has amendments are pending. some emergency officials on the gulf done on the other conference report, Mr. GREGG. Is the majority leader’s coast were forced to resort to runners the only two we have had to speak of, motion to both amendments? to communicate with their first re- on ethics and lobbying reform. He has The PRESIDING OFFICER. The sponders in the field. been essential to moving these things point of order goes to the underlying Think of that. Here we are in the 21st along. We have approached these two first-degree amendment. century, and this great American Na- measures on a very bipartisan basis Mr. GREGG. It is a point of order tion that has spawned a revolution in which is, I am confident, the reason we that this is legislating, this is the rule global communications technologies, were able to get them to the floor. The XVI point of order; is that correct? where in a catastrophic crisis, our first work of the Senator from Connecticut Mr. REID. Yes. responders, whose duty it is to protect has been exemplary. Mr. GREGG. I raise the defense of us, had to resort to communications Mr. LIEBERMAN. I thank the major- germaneness with respect to the pend- techniques that we thought we had left ity leader. ing amendment. behind on the battlefields of the Civil Mr. REID. I wish a number of things. The PRESIDING OFFICER. The War, and that was to resort to runners. One of the things I wish is that we Chair is not aware of an arguably legis- This amendment would provide the could legislate the way I remember the lative provision in the House bill, H.R. $100 million for this emergency grant Senate legislating. There have been 2638, to which amendment No. 2412, of- program created in the 9/11 bill. The editorials written, there was a cartoon fered by the Senator from South Caro- funding would come from a small, this morning in the Washington Post, lina, could conceivably be germane. across-the-board cut in all other De- about all the many filibusters led by Mr. GREGG. So the amendment is partment of Homeland Security pro- Republicans. We came to our first ap- germane? grams. That is the only way we can propriations bill. We have two individ- The PRESIDING OFFICER. The think fairly to do it. It is real small, uals who are historic in their knowl- Chair does not believe that the defense about a quarter of 1 percent of the DHS edge of the Senate, Senator BYRD and of germaneness is appropriately placed budget, to be exact 0.27 percent, a Senator COCHRAN. I have lamented with at this time. small amount to shift into a program my friend from Mississippi on a num- Mr. GREGG. Mr. President, I dis- that is necessary to save lives when ber of occasions how we would like to agree with the ruling of the Chair and, disaster strikes. follow regular order. We try to do that therefore, I appeal the ruling of the It is important to note that these as much as we can. Chair. I ask for the yeas and nays. funds will be provided to States only There are a number of ways to kill The PRESIDING OFFICER. Is there a after the Office of Emergency Commu- legislation. One is to get on the floor sufficient second? nications in the Department of Home- and talk forever. That is the old-fash- Mr. GREGG. I suggest the absence of land Security has approved statewide ioned filibuster. The other way is to do a quorum. interoperability communications plans it by diversion, other ways. That is The PRESIDING OFFICER. The so we are not just going to have city A what we have before us today. We have clerk will call the roll. or fire department B or ambulance here a bill dealing with Homeland Se- The assistant legislative clerk pro- company C apply and get their own curity. We all know border security is ceeded to call the roll. grants. You have to be part of a plan in important, and we know the under- Mr. REID. I ask unanimous consent every State. lying bill is $2.3 billion more than the that the order for the quorum call be I note again the $400 million in dedi- President requested, most of that dispensed with. cated funding for this program that money going directly to border secu- The PRESIDING OFFICER. Without was provided for in the Senate-passed rity—3,000 new detention beds, 3,000 objection, it is so ordered. and House-passed budget resolution new Border Patrol agents. It is a good Mr. REID. I know we are not in de- earlier this year in anticipation of this bill. But my friends who want to not bate, but I wanted to inform Senators, new program. Perhaps because the 9/11 have this bill have now done what there has been an evacuation order bill that has just been completed in would seem almost impossible: They issued on the Hart and Dirksen build- conference was not finished when the want to relegislate immigration. We ings. We are going to go ahead and Appropriations Committee met to have spent about a month on immigra- start the vote, but when the buildings adopt this Homeland Security appro- tion this year, about a month last year, allow the Senators to come, we will priations bill, the committee did not far more than any other issue. make sure they have an opportunity to include any funding for interoper- Now we have pending before us an vote. We are not going to cut anybody ability communications. amendment, the Graham amendment, off because they are locked in a build- House appropriators did include $50 that in effect relegislates immigration. ing someplace. million to start the program. Now the Of course, there is a piece in there for The PRESIDING OFFICER. The Sen- Senate must do its part. border security. We all support that. ator from New Hampshire. We owe it to our first responders, the But there are also pieces in that that Mr. GREGG. I would like 3 minutes men and women whose duty it is to take away basic rights people have, to quickly point out where we are. protect us and all the people they pro- people who are American citizens. So it The PRESIDING OFFICER. Is there tect in cities and towns across the Na- is unfortunate we are at this juncture. objection? tion, to help them create the kinds of I have no alternative, and I have Mr. REID. When you finish, I won’t communications systems that will en- thought of everything I could think of need as much time as you. I will take able them to talk to each other in cri- to try to avoid this collision. It is my 21⁄2 minutes. sis so they can react swiftly, effi- understanding the Graham amendment The PRESIDING OFFICER. Without ciently, and effectively when the alarm is pending; is that true? objection, it is so ordered. bell rings and duty calls them to re- The PRESIDING OFFICER (Mr. Mr. GREGG. So our colleagues under- spond. OBAMA). The Graham amendment is stand the lay of the land, because it is At the appropriate moment, when it pending. a fairly complicated parliamentary sit- is possible to do so, Senator COLLINS Mr. REID. The Graham amendment uation, the Graham amendment, which and I will introduce an amendment to is in violation of Senate rules. It is leg- increases funding for Border Patrol by achieve the purposes I have stated. islating on an appropriations bill. I $3 billion, I would point out that the I yield the floor. raise that as a point of order. majority leader, I believe, misspoke The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The Sen- when he said the extra $2.2 billion in jority leader. ator from New Hampshire. this bill went to border security. The Mr. REID. Madam President, before Mr. GREGG. Parliamentary inquiry extra $2.2 billion in this bill, the major- the Senator from Connecticut leaves initially: Is the second-degree amend- ity of it exceeds the President’s request

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9896 CONGRESSIONAL RECORD — SENATE July 25, 2007 in the area of first responders, and that bate. He provided money that was the appropriations process because now is why we did not move that money out emergency, direct funding of $4.4 bil- it does not matter what bill we bring of the first responders to fund this. lion for the border. I supported that. It up—we can bring up the Veterans’ Ad- This is in addition to the funding in allowed us to pick up more votes. It ministration, the VA, Military Con- this bill to fully fund 23,000 Border Pa- was a very important thing. I ap- struction appropriations bill, and with trol agents, 45,000 detention beds, the plauded the President for having done that, we can put anything in that we virtual fence, the hard fence, and to that. I told the President after that want that does not have anything to do make sure there are enough ICE en- legislation fell through how much I ap- with the purview and the scope of that forcement officers. So it is a major ini- preciated his leadership. bill. That is what people are getting tiative in the funding area. But we need some leadership. This is into here. It is a shame. There is also authorizing language in going to lower the standards of the ap- Mr. President, I ask the vote be here. It is the authorizing language propriations process and the Senate. started. which I guess the majority leader has We accept the funding measure. We The PRESIDING OFFICER. Is there a the most concerns about. But that is would agree right now. Do it by unani- sufficient second? the underlying bill. The question be- mous consent. We agree to that. Then There appears to be a sufficient sec- fore the body is, as I understand it, the let’s have the immigration debate ond. underlying bill, probably because the some other time. We have spent 2 The question is, Shall the decision of authorizing language may not be ger- months on it already. Isn’t that the Chair stand as the judgment of the mane. This will be a vote basically on enough? Senate? the issue, in my opinion, of whether Mr. President, I want all Senators to The clerk will call the roll. you want to increase funding for border know, Democrats and Republicans, if The assistant legislative clerk called security by $3 billion, fully funding the Chair is overturned, this will set a the roll. what is necessary in order to make the precedent for all future appropriations Mr. DURBIN. I announce that the border secure, including undertaking bills, lowering, most likely elimi- Senator from New York (Mrs. CLINTON) specific authorizing language which we nating, the legislating on appropria- and the Senator from South Dakota think is important in order to give the tions threshold. We should not go down (Mr. JOHNSON) are necessarily absent. Border Patrol and ICE agents the nec- that road. I want to pass some of these Mr. LOTT. The following Senators essary tools they need in order to re- appropriations bills. We want to get are necessarily absent: the Senator move people from this country who things done. Is this the picture we are from Kansas (Mr. BROWNBACK) and the have come to this country illegally or going to have? Senator from Arizona (Mr. MCCAIN). have done illegal acts while they are I will use leader time at this time. I The result was announced—yeas 52, here. This is essentially a vote on the came here this morning. I felt so good nays 44, as follows: underlying amendment. because we passed by unanimous con- [Rollcall Vote No. 277 Leg.] The PRESIDING OFFICER. The ma- sent the Wounded Warrior legislation. YEAS—52 jority leader. The distinguished Republican leader Akaka Feinstein Nelson (NE) Mr. REID. Mr. President, I have ex- said: Well, why don’t you add to that Baucus Harkin Obama Bayh pressed my affection for my friend the pay raise for the troops? I said: It Inouye Pryor Biden Kennedy Reed from New Hampshire on many occa- is OK, we will do that. I walked out of Bingaman Kerry Reid sions. He is a wonderful Senator. I am here—if I had some muscles, Mr. Presi- Boxer Klobuchar Rockefeller very aware of his great record of public dent, I would flex them because we Brown Kohl Salazar Byrd Landrieu Sanders service—Congressman, Governor, Sen- really did well this morning. But the Cantwell Lautenberg Schumer ator. But the statement he made is Cardin Leahy fact is, this afternoon we are back in Stabenow Carper Levin wrong. This is not a vote on immigra- the bog trying to claw through legisla- Stevens Casey Lieberman tion. This vote we are going to take tion we should not have to. Cochran Lincoln Tester today, if the Chair is overturned, will We have filed cloture 45 times this Conrad McCaskill Voinovich set a precedent for all future appropria- year. Why? For this bill we have now Dodd Menendez Webb tions bills, all of them, lowering, if not on the Senate floor, Homeland Secu- Dorgan Mikulski Whitehouse Durbin Murray Wyden eliminating, the legislation on appro- rity appropriations, we had to file clo- Feingold Nelson (FL) priations threshold. So this will mean ture on a motion to proceed to it. That NAYS—44 any appropriations bill that comes is hard to comprehend, but we did. We through here, you can put anything on had to file cloture. Alexander DeMint Lugar Allard Dole Martinez it. Some of us will remember—I know I do not want to file cloture on this Barrasso Domenici McConnell Senator COCHRAN will remember—I bill because the first thing that would Bennett Ensign Murkowski raised a point of order against some- happen is people would come and say: I Bond Enzi Roberts Bunning Graham Sessions thing that Senator Helms did, and it have not had a chance to vote on an Burr Grassley was one of the biggest mistakes I made amendment. Shelby Chambliss Gregg Smith Coburn Hagel because we overruled the Chair. It took So I don’t want to file cloture on this Snowe Coleman Hatch years for us on a bipartisan basis to go bill. I want people to have the oppor- Specter Collins Hutchison Sununu back to where we were. tunity to offer amendments and vote Corker Inhofe On appropriations bills, you will be on them. But let’s try to stay within Cornyn Isakson Thune able to put in an appropriations bill the rules. This is legislating on an ap- Craig Kyl Vitter Warner anything you want. We will get back to propriations bill. Crapo Lott the days of appropriations bills just If my friends on the other side of the NOT VOTING—4 putting anything you want in them. aisle want to overrule the Chair, that Brownback Johnson One of the good things about the appro- is really too bad and that will go into Clinton McCain priations process is you should not be part of the writing where people will The PRESIDING OFFICER. The Sen- able to legislate on an appropriations talk about how this Republican minor- ate sustains the decision of the Chair. bill. That is what this is all about. ity—I understand our majority is pret- Mrs. MURRAY. Mr. President, I I also say to my friend from New ty thin: 50 to 49. Come September, it move to reconsider the vote. Hampshire and all those people who be- will be 51 to 49. That is pretty close. So Mr. REID. I move to lay that motion lieve this is a way to vote on immigra- it is not an issue where we are bulling on the table. tion, it is not. It will lower the stand- our way over and through everybody. The motion to lay on the table was ards here in the Senate significantly. I Every vote we take here is close. But agreed to. would say, the funding aspect, none of this is not the way to go. Mr. REID. Mr. President, I appreciate us have any problem with that. We This may make everybody happy, but the vote turning out the way it did. agree. That is one of the things I said then there will be no appropriations First of all, I want the record to clear- publicly, that I appreciated the Presi- bills. We will just do a big omnibus at ly reflect that the author of this legis- dent when we had our immigration de- the end of the year and do away with lation, my friend from South Carolina,

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9897 LINDSAY GRAHAM, offered it because he ment, but I ask unanimous consent Mr. CRAIG. Mr. President, I think we thought it was the right thing to do. that it be printed in the RECORD. are all concerned that we get border se- He has very strong feelings about a lot There being no objection, the mate- curity right. The Graham amendment of issues and he expresses them. One of rial was ordered to be printed in the offered us that opportunity. It looks those he feels strongly about is the RECORD, as follows: like we may get there tonight. issue of immigration. He offered this (Purpose: To appropriate an additional Let the Senate understand there is a amendment in good faith, and I want $3,000,000,000 to improve border security) Catch-22 to what we are doing. While everybody to know that is how I feel. At the appropriate place, insert the fol- Americans want their border security— Procedurally, though, sometimes lowing: my guess is what the majority leader is here we get in the way of each other. In TITLE BORDER SECURITY proposing we adjust to will pass by the fact, that is what has happened. What I ENHANCEMENTS unanimous support of this Senate. The would like to do is ask unanimous con- For an additional amount for ‘‘U.S. Cus- Catch-22 is that American agriculture sent that the money portion—the por- toms and Border Protection, Salaries and is now in crisis, in part because we tion of the Graham amendment that Expenses’’, $1,000,000,000, to hire, train, sup- have failed to pass an immigration bill funds border security for all the things port, and equip additional Border Patrol that addresses their guest worker need agents and Customs and Border Protection he and Senator GREGG laid out—that problem and the border closes and the we accept that by unanimous consent. Officers and for enforcement of laws relating human labor flow stops. We want it to border security, immigration, customs, stopped. We want the illegal movement My friend from New Hampshire and agricultural inspections, and regulatory wants to look at the legislation they to stop, but we need a legal system tied activities related to plant and animal im- to this to solve a problem. have. I am hopeful that sometime to- ports. night I can offer that in the form of a For an additional amount for ‘‘U.S. Cus- Last agricultural season, under- unanimous consent request. I wish to toms and Border Protection, Border Security employed by 25 percent, $3 billion lost make sure everybody on both sides has Fencing, Infrastructure, and Technology,’’ at the farm gate, the consumer picked the opportunity to look at the legisla- $1,000,000,000, to remain available until ex- up the bill. Then we struggled mightily tion. In effect, I again state simply it pended. to solve the problem, and we could not. For an additional amount for ‘‘U.S. Cus- Now we are heading into another har- would give more money for border se- toms and Border Protection, Air and Marine curity. I will not harp on this, other vest season, with 35 percent under- Interdiction, Operations, Maintenance, and employment, with a projected $5 bil- than to say we in Nevada have a tre- Procurement’’, $100,000,000, to remain avail- lion to $6 billion loss in American agri- mendous problem. We arrest illegals, able until expended. culture—fruit, vegetables, and nuts left and there is no place to put them. So For an additional amount for ‘‘U.S. Cus- hanging on the trees and oranges rot- they are let loose. This money would toms and Border Protection, Construction’’, $150,000,000, to remain available until ex- ting in the orange groves. allow us to build more detention beds, The Senator from California and I hire more border security officers, and pended, for construction related to addi- tional Border Patrol personnel. have said, please, help us a little bit it will add the first part of the legisla- For an additional amount for ‘‘U.S. Immi- and reinstate a guest worker program tion that is absolutely necessary—that gration and Customs Enforcement, Salaries with border security; give us a 5-year we do something about immigration. and Expenses’’, $700,000,000, to remain avail- pilot temporary program to solve a We always talk about border security able until expended, to hire additional near disastrous problem for American wherever any of us go. But then there agents to enforce immigration and customs agriculture. We fumble through and we are other things that would not happen laws, procure additional detention beds, carry out detentions and removals, and con- cannot do it. So what are America’s today with this legislation. farmers doing—the ones who can afford Hopefully, within the next hour or duct investigations. For an additional amount for ‘‘Federal to? They are taking their capital and so, when Senator GREGG has had a Law Enforcement Training Center, Salaries equipment and they are moving to chance to look at that—and I will clear and Expenses’’, $25,000,000, to remain avail- Mexico and Argentina and Brazil and it with Senator KENNEDY and others— able until expended, to train newly hired Chile. America’s investment will move we can, by unanimous consent, pass Border Patrol agents and other immigration south of the border. that portion of the bill dealing with fi- and customs personnel funded in this amend- Here we are now, 60 percent depend- nancing border security. ment. ent on foreign oil to fuel our cars. Are For an additional amount for ‘‘Federal I yield the floor at this time and, we going to become 60 or 70 percent de- again, express my appreciation for the Law Enforcement Training Center, Acquisi- tions, Construction, Improvement, and Re- pendent on foreign countries to bipartisan vote that we had. lated Expenses’’, $25,000,000, to remain avail- produce our fruits and our vegetables? The PRESIDING OFFICER. The Re- able until expended, to provide facilities to If this Senate cannot get it right with- publican leader is recognized. train the newly hired Border Patrol agents in a decade, that is where we will be— Mr. MCCONNELL. Mr. President, we and other immigration and customs per- maybe even less time than that. are on the verge of an important bipar- sonnel funded in this amendment. So while we debate border security— tisan accomplishment to actually seri- These amounts are designated as an emer- and while we are all for it, and while I ously begin to secure the border. I gency requirement pursuant to section 204 of have been aggressive in moving legisla- S. Con. Res. 21 (110th Congress). thank Senator GRAHAM for his amend- tion with Senator BYRD, starting 2 ment. I thank the majority leader for Mr. GREGG. Mr. President, if I can years ago, to tighten our borders—al- his willingness to pass that portion of ask the leader a question, as I under- ways in my mind tied to that was re- it that clearly is directed at border se- stand it, we are going to try to work form of the guest worker program and curity. out an agreement on the funding and getting a workforce for American agri- I think once we have had an oppor- the language which is behind the fund- culture that was legal, that was trans- tunity to actually read the amend- ing that didn’t authorize the lan- parent, that came and worked and ment, which Senator GREGG and his guage—— went home. But we can’t do that. We staff and Senator GRAHAM and his staff Mr. REID. That is directed at border would not do it. We refuse to do it be- are doing, we will have an opportunity security, yes. cause of grounds of political intimida- to do something important for the Mr. GREGG. Is that the money that tion. country later tonight. increases border agents from 23,000 up Shame on us if we destroy American The PRESIDING OFFICER. The ma- to 30,000 and increases the number of agriculture because we cannot get it jority leader is recognized. beds to 45,000 and covers the fence, the right. So the Senator from California Mr. REID. Mr. President, I am not virtual fence, and the number that and I are left with no alternative. Do sending this up in the form of an funds ICE? we object to unanimous consent to se- amendment. I want this to be placed in Mr. REID. We will take a look at cure the border? Of course we would the RECORD to indicate what we would your language, and you can look at not. We cannot and we should not. But like to have accepted by unanimous ours, but the answer to your question we will ask this Senate to vote time consent. If there is an agreement on is yes. and time again and either say you are both sides, we will propose the amend- The PRESIDING OFFICER. The Sen- for American agriculture or you are ment together. This is not an amend- ator from Idaho is recognized. against it.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9898 CONGRESSIONAL RECORD — SENATE July 25, 2007 Therein lies the question this Senate we can put this bill on another bill, or lem. It takes, in California, 40,000 has yet to answer, and they must an- move it as a stand-alone bill without workers to harvest grapes. They are swer if we are to supply America with amendments, and hopefully get it grown in four counties. It takes 40,000 its fresh fruits and vegetables and the passed so agriculture in America can workers to harvest 1 crop. kind of abundant food supply that we harvest their crops this fall. We ought Does the Senator from Texas want have grown use to—but more impor- to have a discussion because this me to yield? tant that we expect. money we all would like to do, no ques- Mrs. HUTCHISON. Yes. Madam I yield the floor. tion about it. We all want border secu- President, I was going to ask if the The PRESIDING OFFICER. The Sen- rity. We all want to fund border secu- Senator from California will yield be- ator from California is recognized. rity. cause I do think there is a bipartisan Mrs. FEINSTEIN. If I may, I thank (Ms. CANTWELL assumed the Chair.) consensus that we need to address the Senator from Idaho for those com- Mrs. BOXER. Will the Senator yield AgJOBS. We need to have a temporary ments. He is absolutely right in what is for a question? worker program going forward that happening. It is happening to a great Mrs. FEINSTEIN. I certainly will. fills the need for the economy of our extent as well in California. Referring Mrs. BOXER. I thank Senator FEIN- country to continue to thrive. to this chart, I wish to show the Senate STEIN. She and I have gone to the I know the Senator from California what has happened. Agriculture is farms. We have seen what is happening. has worked for years on this issue, as moving to Baja, Mexicali, and the We have seen the fruit just fall from has the Senator from Idaho. I hope we Nogales regions—more than 20,750 the trees and wither when people are can have a freestanding bill that would acres of agriculture have moved from hungry. This is a ridiculous situation. encompass agricultural workers and the United States to this area here and The question I have for my friend is— other temporary workers, such as food more than 8,600 employees have moved it is rather rhetorical, given the rules processors. to this area in Mexico. Over here, more of the Senate—all of us have worked so I was visited this week by a food than 25,350 acres have moved to the hard for so many years for the AgJOBS processor who very much wanted com- center of Mexico, with more than 2,460 bill. Isn’t it a fact that it has been prehensive immigration reform and employees. years since Howard Berman in the worked very hard for it. He is trying to Mrs. BOXER. Mr. President, the Sen- House started this and we all got in- do the right thing. But he is very con- ate is not in order. volved? And isn’t it so that instead of cerned about the business being able to The PRESIDING OFFICER. The Sen- being a contentious matter, AgJOBS do the job it needs to do to get its prod- ate will be in order. has had strong support, not only in the uct out on the market. I think we are Mrs. BOXER. The Senator deserves Senate but all over the country? Isn’t going to have an employer crisis in this to be heard. it true that AgJOBS is supported not country if we don’t have a legal way Mrs. FEINSTEIN. I thank my col- only by the owners of the ranches and for people to hire workers for jobs that league from California for this. I speak the farms but also supported by all the are otherwise going unfilled. on her behalf as well. Agriculture is in unions and the labor people? And isn’t I commend the Senator from Cali- crisis. We have a $34 billion industry. that a reason to pull together, to fornia, the Senator from Idaho, and the Labor is down by as much as 30 per- unite? Isn’t it so that it pulls together Senator from Georgia who is on the cent. What is happening is farmers are Republicans and Democrats? floor as well who has worked for renting land in Mexico. They don’t Mrs. FEINSTEIN. The Senator from AgJOBS. We need a temporary worker want us to know that. It is difficult to California is absolutely correct. It program that, going forward, provides get these figures, but we got them, and does. It pulls together all of us. We be- for our economic basis. I hope we can this is what is happening. Now, what lieve we have 60 votes in this body for have a freestanding bill that will be will happen to the land in California, AgJOBS because we believe there are amendable so that we can do that part Idaho, Washington, and in other 60 Senators at least who understand of comprehensive reform. places? It will lie fallow. Farmers will what the problem is, there is no ques- I believe 90 percent of the people in soon decide they would rather farm in tion about it. this body want border security, which Mexico, with fewer restrictions on pes- Senator BOXER has been on this issue we may be able to achieve tonight, and ticides and lower phytosanitary stand- for at least 7 years. Senator CRAIG, the the majority leader and the minority ards. Their land will be sold for devel- Senator from Idaho, was the original leader have begun to get an agreement opment and we will lose our farmland sponsor of AgJOBS, along with Senator on that issue. Plus, I believe there is 90 in this Nation. BOXER and Senator KENNEDY. That was percent agreement on a temporary The catastrophe, the crisis, is now. 7 years ago. Is that not correct, I ask worker program and taking care of the The harvest system is coming up now. the Senator from Idaho, Mr. CRAIG? agricultural businesses. I hope those What Senator BOXER, Senator CRAIG, Mr. CRAIG. That is correct. who are saying immigration reform is and many others ask is please pass this Mrs. FEINSTEIN. Seven years ago. dead are wrong in that we can do cer- 5-year pilot program and enable people This bill is known by everybody in this tain parts of it where there is an over- who have worked in agriculture, who body, and everyone in this body should whelming consensus in this body. will continue to work in agriculture, to know there is a need. We believe we I thank the Senator from California be able to do so legally. Reform the H2– have the votes in the House to pass the for bringing this issue up and sticking A program so it functions for the rest bill as well if it is a stand-alone bill, a to it. of us. 5-year pilot that enables farmers to Mrs. FEINSTEIN. Speaking through The fact of the matter is, 90 percent hire workers. the Chair to the Senator from Texas— of agriculture is undocumented labor. Let me say one other thing. There is I see the majority leader is going to Why doesn’t the Senate recognize that? a myth out there that anybody can do say something. Madam President, is he Why doesn’t the Senate recognize you agricultural labor. If you stand by a going to make us an offer? cannot get Americans to do this work? freeway and watch people pick lettuce, The PRESIDING OFFICER. The ma- Why do we want to drown American you will see precision movements, you jority leader. agriculture? Why do we want to send it will see an organized crew, you will see Mr. REID. Madam President, if I may over the border? they are trained in how to do it, and say a few words so people know what What Senator CRAIG, Senator BOXER, you will also see it is backbreaking the schedule is, first of all, this may and I are saying is, with this money, labor that Americans will not do. surprise people, but we care about agri- you take away our leverage to get this There is no industry in the United cultural jobs in America. Where most bill done, unless we can have some kind States that faces the crisis agriculture people see the bright lights of Las of commitment that we can do this bill does right now, I say to Senator BOXER. Vegas and Reno, we specialize in garlic as a stand-alone bill or move it on an- She knows that. I know that. We know and white onions. We have tremendous other bill. We ought to just face that what is happening to our farms and need for agricultural workers, and they right now, that Senator CRAIG and I growers. Whether they operate 50,000 are hard to get in central Nevada. So I would like to have a commitment that acres or 50 acres, it is the same prob- personally am in favor of the AgJOBS

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9899 bill. It is something that I know I have interest was piqued in what the major- bypass some of the negativity we have spoken with the Senator from Idaho, ity leader had to say. My question is, heard tonight. Mr. CRAIG, about on many occasions Would the majority leader be prepared Mr. REID. Madam President, also, and the Senator from California on to give Senator BOXER, Senator CRAIG, Senator CHAMBLISS is a reasonable more occasions than she and I could Senator HUTCHISON, and me a commit- man. You never know, he might wake ever calculate. ment that perhaps the majority leader up some morning and say maybe we I am committed to doing something and the minority leader could sit down should help those onion farmers out in about AgJOBS. I hope we can do some- and agree to allow a vote on AgJOBS Nevada. thing soon. One of the bills we have to as part of the farm bill without amend- Mr. CHAMBLISS. Will the majority do in September is the farm bill. We ments, or some version of AgJOBS? leader yield for a question? First of all, have to do it. It has been 5 years. We Mr. REID. Madam President, I say to I would love to invite the majority have to renew it. Part of that has to be my friend, I am happy to make that leader to Georgia to eat some really AgJOBS. If we can figure out a way to commitment. I will do everything I can good Vidalia onions, and I look forward do it as freestanding legislation, I am to make sure it is part of the farm bill. to trying some of his. willing to do that. I want all those who I will do what I can. I will talk with Mr. REID. I say to my friend, I hope are concerned about AgJOBS to know Senator HARKIN. I will talk with Sen- it doesn’t violate any of the ethics that I am on their side. I will do what- ator CHAMBLISS, who is on the floor. I rules, but somebody sent me a box of ever I can to help expedite this legisla- am sure he is in favor. I ask through onions, and my wife and I ate all we tion. the Chair, is the Senator from Georgia could and we gave some to our daugh- I will also say, getting back to the in favor of the temporary worker pro- ter. They were really quite good. Homeland Security legislation, I have gram for agricultural workers? conferred with the managers of this Mr. CHAMBLISS. Madam President, Mr. CHAMBLISS. That was Senator bill, Senator MURRAY, Senator COCH- I will respond this way: Obviously, I ISAKSON. We are glad you enjoyed RAN, and Senator BYRD. It seems to me am in favor of a temporary worker pro- them. My friend from California knows it would be in everyone’s best interest gram for agriculture. We have one now. we have been trying to resolve this not to have any more votes tonight. If Senator CRAIG, Senator FEINSTEIN, and issue not for weeks and months but for there is something the managers can I worked diligently to try to come to years. We have been working on this work out by voice vote, then we should some accord on H–2A reform, but I issue. We have some major differences, certainly do that. have to tell the majority leader, we as we have discussed. We had hoped to What I think we should do tonight is, have never been able to reach that ac- have an immigration reform bill on if people have amendments to offer on cord, and there are some issues that which we could resolve this issue. We this very important piece of legisla- are going to require some major moved a long ways in that direction. tion, do it. Tomorrow is Thursday. I re- amending before we will be agreeable Madam President, I would like to ask mind everyone, we still have a lot to to bringing that bill up on the farm my friend from California a question. do. I spoke with Senator INOUYE. I be- bill. As you know, I agree with everything lieve he was the last one to sign the Mr. REID. Madam President, I appre- you said, everything Senator CRAIG conference report on the 9/11 rec- ciate the Senator from Georgia being said about the dire straits in agri- ommendations. That will be done. We so candid. culture. We have a huge labor problem, should have something on ethics and I say to the Senator from California, and we are in need, in California, in lobbying reform. SCHIP, we have to be Senator CHAMBLISS obviously is not in Idaho, in Georgia, and in every part of on that legislation next week. We have agreement with her. I will make a com- the country, for agricultural labor to to finish this bill. mitment without any qualification harvest our crops as we move toward Even though there have been a lot of that I will do whatever I can to make the harvest season. The problem with starts and stops today, we have had sure that is part of the farm bill. I will the AgJOBS bill has always been it has some progress. talk with Senator HARKIN, that is sure, an amnesty provision in it. It is called Mrs. FEINSTEIN. Will the majority the chairman of the committee. It is earned adjustment. That has been the leader yield for a question? important we do this, and the Senator major issue. Mr. REID. In 1 second, I will. from California has my commitment— Does the Senator intend to include Unless the two managers have some all four Senators—to do whatever I that earned adjustment provision in objection, I would hope we could have can. If it is not impossible, we may try the 5-year pilot program that the Sen- people offer amendments tonight. If to work something else out. Rather ator is talking about offering now? their amendments requires votes, we than have it part of the farm bill, we Mrs. FEINSTEIN. If I may, through will set those for as early in the morn- may try to do something freestanding. the Chair to the Senator from Georgia, ing as we can. It would be wonderful if Mrs. BOXER. Will the Senator yield what we have said is, a version of the we could finish this bill tomorrow. As I further? I wish to tell my friends that AgJOBS bill. said early on, I don’t want to file clo- I have discussed this with Senator ture on this bill. I don’t want to. This HARKIN. We had a meeting in my office The AgJOBS bill was negotiated over is the first appropriations bill. We have about California priorities. I talked 7 years between the growers and the to set an example of trying to move with him about how much Senator United Farm Workers Union and oth- forward. FEINSTEIN and I would like this bill. I ers. So it is a negotiated product. I ac- I have just been notified that I am think he is very open. I am sorry the tually thought that we had satisfied asked to go to the White House with Senator from Georgia does not feel as the Senator’s concerns in many of our the Speaker on Wednesday to talk we do about it, but I think we have a discussions. I am trying to recall, but I about appropriations bills. This would good chance of getting it in the farm believe there were at least three areas be something really important to talk bill, or at least getting a version of it where we made some changes specifi- to him about on Wednesday, and we and, if not, getting it done free- cally because of the Senator’s concerns may be able to get one of them done. standing. in the discussions that we had. Unless somebody has an objection to It is at a crisis point. Senator FEIN- So I thought we had agreement on my suggestion, I think we will have no STEIN has shown us that we are losing the H–2A part of the bill, which I be- more votes tonight. our people, we are losing farms, we are lieve was your interest, in return for Mrs. FEINSTEIN. I believe I had the losing workers, we are losing whole which, with respect to the earned ad- floor. economies, and it is just the start. justment part of the bill, I would be Mr. REID. I didn’t want to take the Seven years ago, we knew this was happy to discuss this with you more. floor away from the Senator from Cali- going to happen. It is time to act. But the bill is based on, if a worker has fornia. I wanted to let people know I appreciate Senator REID’s commit- worked in agriculture, he or she can what we were doing here. ments, and this is a man of his word. I submit documentation to that effect, Mrs. FEINSTEIN. If I may, through hope we can all work with Senator for so many hours over so many years, the Chair to the majority leader, my REID and also Senator MCCONNELL to that individual can get what we call a

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9900 CONGRESSIONAL RECORD — SENATE July 25, 2007 blue card in the original bill and con- new, modern, guest worker—or I should that is truly a means by which those tinue to work in agriculture for a sub- say flexible guest worker program that workers who are here are temporary, I stantial additional period. If they sat- fits the needs of American agriculture. think that is going to be the key. isfied the hours, the filing, the taxes, That was over here. We reformed the Hopefully, we will continue the dia- and everything required of them, then H–2A program. But over here was, what logue to see if we can’t work something they could apply after that period for a do you do with 1.2 million illegals who out. green card. That is as far as our bill are here and are now working in agri- Mrs. FEINSTEIN. If I may respond went, the original bill. culture and have been here for 4 or 5 through the Chair to the Senator from Mr. CHAMBLISS. Madam President, years? That was the other side of it. Georgia, we had hoped, I say to the if I can again ask the Senator a ques- We said: If you stayed here and Senator, that we had worked it out. We tion. That has been the problem area. worked and became legal and met believe there are 60 votes for the bill. Mrs. FEINSTEIN. I thought the prob- these qualifications, there would be We are happy, all of us—those of us lem area was citizenship. something at the end of the road be- who have worked on this bill—to sit Mr. CHAMBLISS. That is a pathway cause we believe if you don’t do that, if down with you and go over it again and to citizenship, giving them priority on you say: Oh, yeah, you can stay and hopefully have something for the Sep- getting the green card. you can work, but you have to stay in tember farm bill. I think it is impor- But let me say to the Senator from agriculture to do so—specific to agri- tant. California, I think the fact that we all culture—you have created indentured The problem with waiting until Sep- recognize there is a problem and that servitude. You and I do not want that, tember is part of the harvest is over, we all want to get to the end which is nor do we want to be accused of that in and we have lost a crop. I cannot tell a viable program that will allow all our any respect. you how much is going to be on the farmers access to a quality pool of peo- So we have to look at the two reali- ground come September, but I can tell ple who are here in a legal capacity ties. The two realities are an H–2A pro- you in my State it is going to be a sub- under a valid temporary worker pro- gram that does not meet the need of stantial amount. I worry about land gram, as long as it is truly a temporary American agriculture today and a cur- lying fallow and then being sold by worker program, and that those indi- rent workforce that is here and illegal. farmers for development and the loss of viduals are required to go back home How you bring legality to that work- rich, great American farmland. I don’t at the time their job is completed— force that is here and is illegal remains think that is what either one of us then we don’t have an argument. the question on which we differ. I think want. But as long as you continue to give we have come awfully close to agreeing We will try to work with you, Sen- them a pathway to citizenship, it is on a new guest worker program. And in ator BOXER, Senator CRAIG and I, and, going to be a problem. We have just that, the Senator from Georgia is hopefully, we will be able to come up had that debate. So I would say this: I right: It is very clear: They come, they with something by September. would hope between Senator CRAIG, work, they go home. That is a true So I thank the Senator and the Senator FEINSTEIN, myself, and others guest worker program. Now, that is not Chair. who are interested, that if we could today, that is tomorrow. Today is how The PRESIDING OFFICER. The Sen- come up with an AgJOBS-like, that do you meet the needs and solve the il- ator from Louisiana. would truly be a like version of legality problem of those currently AMENDMENT NO. 2468 TO AMENDMENT NO. 2383 AgJOBS, then perhaps that is a way here? Therein lies our struggle. Ms. LANDRIEU. Madam President, I that we could work our way through Somehow we have to be able to fix send an amendment to the desk, and I this year. It is going to take some time that and require compliance and not be ask for its immediate consideration. to get that done, and we don’t have accused or meet the test of not pro- The PRESIDING OFFICER. The much time. Time is getting short. Here ducing indentured servitude by saying clerk will report. we are at the end of July almost, and the only way you can become legal is The legislative clerk read as follows: harvest season is upon us. to stay in agriculture. That is not very The Senator from Louisiana [Ms. LAN- If we could come up with some agree- fair either. So I guess they all have to DRIEU] proposes an amendment numbered 2468. ment to get us through this year, to go home. Some would like that, too. give us time, maybe, to work out in the You and I will never escape the defi- Ms. LANDRIEU. Madam President, I long run a more permanent program nition of amnesty because anytime we ask unanimous consent to dispense that does not include that pathway to touch an illegal and give them any- with the reading of the amendment. The PRESIDING OFFICER. Without citizenship, I would be in agreement thing, we will be accused by the anti- objection, it is so ordered. immigration forces in this country of with the Senator. The amendment is as follows: Mrs. FEINSTEIN. If I might, through having morphed a new form of am- (Purpose: To state the policy of the United the Chair to the Senator from Georgia, nesty. At the same time, they are forc- States Government on the foremost objec- I would like to make one point. ing us to refuse dealing with the real tive of the United States in the Global War I understand your concern is with the problem and solving it, or at least they on Terror and in protecting the United H–2A part of the bill. The other part of are forcing some to run for cover in States Homeland and to appropriate addi- the bill is for different States because search of something that is impossible, tional sums for that purpose) what happens in my State is, these and that is zero amnesty. You can’t get At the end, add the following: crews work different produce. They go there. I don’t believe it is possible. SEC. 536. (a) POLICY OF THE UNITED from one harvest to another to another If you touch an illegal in any way, STATES.—It shall be the policy of the United to another because the harvests are and in any way give them something States Government that the foremost objec- tive of the United States in the Global War staged at different times. So the bill that offers them some stability in the on Terror and in protecting the United has two component parts to it. current environment, tomorrow morn- States Homeland is to capture or kill Osama Of course, we are willing to talk. We ing Lou Dobbs will say: Amnesty. And bin Laden, Ayman al-Zawahiri, and other are happy to sit down and talk. But we it is a new creation he thought of over- members of al Qaeda and to destroy the al tried to do that with you, as you know, night while in one of his 1932 labor Qaeda network. and I thought we had a product that we dreams. (b) FUNDING.— agreed to. I yield the floor. (1) ADDITIONAL AMOUNT FOR COUNTERTER- My understanding is the Senator Mr. CHAMBLISS. Madam President, RORIST OPERATIONS.—There is hereby appro- let me finally say to the Senator from priated for the Central Intelligence Agency, from Idaho would like to ask a ques- $25,000,000. tion. California, again, we agree there is a (2) EMERGENCY REQUIREMEN6T.—The Mr. CRAIG. Madam President, I problem. I think at the end of the day amount appropriated by paragraph (1) is would like, for a moment, to react to we agree what we want to do is give hereby designated as an emergency require- the Senator from Georgia. It is often- your farmers, my farmers, Texas farm- ment pursuant to section 204 of S.Con.Res.21 times confused that AgJOBS was two ers, and all farmers and ranchers the (110th Congress). bills that were merged together—two ability to have that quality pool of Ms. LANDRIEU. Madam President, problems solved. One was to create a labor. And if there is a way to get there the underlying bill that Chairman

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9901 BYRD and Ranking Member COCHRAN But there are additional resources that nized the attack against our country have put together is really good work. need to be brought to bear on this and, that has killed over 3,000 innocent ci- As a member of the Appropriations most importantly, a focus to help us vilians and, as we know, now 4,000 of Committee, I am pleased to have remember how we got here in the first our soldiers, approximately, have lost worked on this bill. Senator MURRAY place and what this Homeland Security their lives and 38,000 to 40,000 wounded, has provided some extraordinary lead- bill should be doing, by protecting our trying to retaliate against this attack. ership to add to this appropriations bill Nation and keeping focus on al-Qaida. I thank the Senator from North Da- some resources to match the words That is the essence of my amendment. kota. I intend to be a cosponsor of his that come out of this Capitol about se- I thank the leader for allowing me to amendment. It is complementary to curing our ports, securing our rail, and offer it tonight. Anytime the Senate this one. Again, I offer it as I think ap- stepping up additional resources for feels we can vote on this in accordance propriate on this bill which lays out our airports. with the schedule will be fine by me. the resources to protect our homeland. This underlying bill, the Homeland Mr. DORGAN. Will the Senator yield Let’s make sure those resources are Security appropriations bill, reflects for a question? used so there is a big target on the this goal and objective. For the most Ms. LANDRIEU. Yes, I will. back of this man Osama bin Laden and part, it meets it in a substantial way. Mr. DORGAN. I visited earlier with his very dangerous network that is But I would like to remind all of us my colleague from Louisiana. I think still alive, unfortunately well, and ac- here, my colleagues, though it is hard this is an awfully good amendment. It cording to our own estimates growing to remember or to put in perspective, establishes a priority which should as a threat. but a few years ago, just over 5, we have been established long ago. I yield the floor. didn’t have a Homeland Security ap- As you know, the President, when The PRESIDING OFFICER. The ma- propriations bill. Until Osama bin asked about Osama bin Laden, at one jority leader. Laden and al-Qaida established a net- point said, I don’t care about Osama Mr. REID. Madam President, I sug- work and put 19-plus men on planes bin Laden. I don’t care about Osama gest the absence of a quorum. that took out buildings in New York, a bin Laden. Now we have the National The PRESIDING OFFICER. The section of the Pentagon here in Wash- Intelligence Estimate that says the clerk will call the roll. The legislative clerk proceeded to ington, and crashed into a field in greatest terrorist threat to this coun- try is the leadership of al-Qaida and call the roll. Pennsylvania, this department didn’t Mr. REID. Madam President, I ask Osama bin Laden. If that is the case, it even exist. unanimous consent that the order for This department has been put to- ought to be job one to eliminate the the quorum call be rescinded. gether to try to help this country stand leadership of al-Qaida. Eliminating the The PRESIDING OFFICER. Without up against a great and growing greatest terrorist threat to our country objection, it is so ordered. threat—a great and growing threat. ought to be the most important goal. Mr. REID. Madam President, we have Unfortunately, according to the latest That is what the Senator states in her spent this time wanting to get the leg- intelligence report—and I have the un- amendment. islation passed dealing with border se- classified summary—this is not a di- I spoke yesterday about this issue at curity. It would have been the Graham- minishing threat. One would think some length, describing the kind of Pryor amendment. We basically would that, after the money we have spent Byzantine position we are in with ev- have taken the amendment offered by prosecuting the war, the diplomacy, eryone telling us that here is the great the Senator from South Carolina, the and all the other things we are doing, threat to our country. Yet, on the first several pages of it, dealing with this report would say that al-Qaida is other hand, we are going door to door border security, the money part of it. weakened. But it doesn’t say that. It in Baghdad in the middle of a civil war My friend, the distinguished junior says al-Qaida is strengthening. Of with our soldiers while there is what is Senator from Texas, objects to that. course, we know that Osama bin Laden called a safe harbor or secure haven ap- That is unfortunate. He wants to add is still on the loose. parently in Pakistan or Afghanistan or additional language to that. As I ex- So I come to the floor to offer an somewhere on the border. plained to him, we have had many Sen- amendment to the Homeland Security My point is there ought not be a ators want to add language. bill to try to refocus our attention on square inch of safety anywhere, no safe But Senator GRAHAM, he came to us how this whole thing got started. It all harbor, no secure hideaway anywhere after all the changes, the suggested got started by a guy named Osama bin on this planet for the leadership of al- changes in the legislation, and he said: Laden and the al-Qaida network. My Qaida. You take our bill as it is written. Now amendment says it should be the policy I think this is a good amendment. I it was not easy to get that approved on of the United States to refocus our ef- intend to offer the amendment that I our side, but we did get it done. There forts to find him, to destroy him, and offered on the Defense authorization is an objection now. I am sorry that to focus on the al-Qaida network wher- bill as well tomorrow. It was passed there will not be the money for border ever it is found. unanimously and my hope is it will be security, but that is the way it is. I re- There are pieces of it in Iraq, I am accepted unanimously. Senator CONRAD gret that. I am sorry to have taken so not going to debate that here. But offered it, but the Defense authoriza- much of the Senate’s time to do that. there are pieces of al-Qaida that are tion bill was pulled. I intend to offer It is 7 o’clock at night. We are back to still focused, according to this Na- that amendment tomorrow, but my where we were. tional Intelligence Estimate, right hope is the Senate will approve the We will move forward. There are a here in our homeland. So my amend- amendment offered by the Senator number of amendments pending. My ment is substantive in the sense that it from Louisiana because I think it ad- friend Senator ALEXANDER has waited simply restates, or states for the first vances this country’s interest in de- around for a long time to offer his time but clearly, that it is the policy of feating terrorism, and that is a very amendment. My understanding is that the United States that the foremost important goal. Senator VITTER is here. Is he ready to objective of the global war on terror Ms. LANDRIEU. I thank the Senator go? and protecting the homeland of the from North Dakota. He has been a lead- I apologize. I hope other Senators United States is to capture or kill er in helping us to stay focused by in- will come and offer amendments. We Osama bin Laden and to destroy his creasing the reward. We have to re- will do our best to try to finish this bill network and other members of his net- member—I wish I had my poster but I tomorrow. work. I understand this is not just the don’t, but this is what a small version Is there anything my friend from work of one person. It adds $25 million of it looked like. I know the Chair may Texas wishes to say in addition to what to the Central Intelligence Agency for have a hard time seeing it, but this is I have said? that purpose. I know there are other what Osama bin Laden looks like. It is The PRESIDING OFFICER (Mr. amounts of money that are being important for us to continue to see his PRYOR). The Senator from Texas. spent, and resources, some readily ob- picture. He is on the FBI’s ‘‘Most Mr. CORNYN. Mr. President, I dis- tainable and some that are classified. Wanted’’ list. This was before he orga- agree with the characterization of the

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9902 CONGRESSIONAL RECORD — SENATE July 25, 2007 distinguished majority leader. The ob- he and I might write to the Secretary 7,500 pounds and 100,800 pounds. I will jection to the proposed unanimous con- of the Department of Homeland Secu- put this in language that people, at sent was to only a portion of the origi- rity. The fact is, the Department is not least in rural America, can understand. nal Graham amendment of which I was going to do anything unless we direct We have a situation where you don’t a cosponsor. It completely overlooked them to do so in legislation. have natural gas, and that is on most and ignored 45 percent of the illegal I regret the distinguished majority farms, a lot of small businesses, and immigration in this country caused by leader has to object to my request to small towns. Homes are heated with people who enter with a visa that is include, in addition to border security, propane, 500-gallon tanks that are legal but then they overstay. My sug- provisions saying that the money could somewhere on the property, usually be- gestion to the distinguished majority be spent for interior enforcement as hind the house or, in the case of a leader and other colleagues is that we well. If that is the way it is, that is farm, out by the grain bins where you not ignore that 45 percent but, rather, where we are. dry your corn or other grains using include that as an acceptable expendi- The PRESIDING OFFICER. The ma- propane gas. Things of that nature are ture under current law for part of the jority leader. what I am talking about. $3 billion. Mr. REID. It seems sometimes people Let me be very clear; my amendment He has explained to me that there is like to have the issue rather than solv- is limited and narrowly tailored in that objection on his side to including that ing the problem. This would have gone it only limits use of funds for enforcing 45 percent of illegal immigration as a long way toward easing the friction one listed chemical. That one listed part of the accepted expenditures for on both sides toward problems with im- chemical is propane. Some people refer this $3 billion. I am sure he has accu- migration. It hasn’t. My friend, I could to it as LP gas, liquid propane gas—one rately reported what his conference or say, will still have an issue to talk and all the same. It would allow the Department to use caucus has said. But my concern is about. Maybe that is more important funds to enforce the regulation for that we not spend money on the border to him than solving this problem. larger facilities, things that can hon- security component and then pat our- The PRESIDING OFFICER. The Sen- estly be said could be used for terrorist selves on the back and claim success ator from Texas. activity, but not the propane tank be- when, indeed, the proposal would have Mr. CORNYN. Mr. President, I thought we were getting along well hind some farmhouse or by some grain ignored 45 percent of the cause of ille- bin. This amendment is necessary to gal immigration. We need an approach until that last comment by the major- ity leader. I want to solve this problem ensure that these regulations truly that will deal both with border secu- protect our homeland but not burden too. I think my record of involvement rity as well as the interior enforcement farmers and small businesses and cre- in the immigration and border security caused by visa overstays. ate a bigger problem with regard to Mr. REID. Mr. President, if I could issue has demonstrated that. I am not propane security that I will mention in say to my friend, I also think this is a interested in scoring political points; I a minute. problem we should deal with. But I am interested in solving the problem. This final rule was published by the think the language as written in this But I am suggesting that the proposal Department of Homeland Security on legislation would allow that. I would be by the majority leader will not solve April 9, 2007, and became effective June happy to join with my friend in a letter the problem. It solves 55 percent of the 8 of this year. These regulations were to the Secretary of Homeland Security. problem, not the remaining 45 percent. required by Congress as part of the De- I would be happy to meet with him I assure the distinguished majority partment of Homeland Security appro- when we get this done to tell him that leader that I am interested in a solu- priations bill of 2007 and are known as this legislation, in my opinion, and tion. That is why I proposed that some the chemical facility antiterrorism hopefully in the opinion of a distin- of this money would be able to be allo- standards. The regulations include an guished former member of the Texas cated for interior enforcement, includ- appendix that lists chemicals of inter- Supreme Court, a great legal back- ing the 632,000 absconders, people under est to the Department and the stored ground, as we have propounded it final orders of deportation who have quantities that will trigger reporting would also allow this. We could make a simply gone underground or who have and screening requirements for those very good case to the executive branch left the country and then reentered il- who house the listed chemicals. In- of Government that that is so. I hope legally, both of which are classified as cluded in the list of chemicals of inter- my friend would take that as an offer felons under the Immigration and Nat- est is propane stored in quantities of good faith to try to move this along. uralization Act. I would have thought greater than 7,500 pounds. I am convinced that if we pass what that the majority leader would think Propane is used by virtually every has been suggested by GRAHAM and that an appropriate use for some of arm of agriculture, from small family PRYOR—and the Senator from Texas this $3 billion in this amendment, to go farms to large agribusinesses across knows this better than I do—this does after those felons, to make sure our the country. Propane is used to dry cover the fact that the Department of laws are enforced according to the let- grain, to heat facilities for livestocks Homeland Security certainly should ter of the law as written by Congress. I and poultry, and to heat thousands of use some of this money to make sure regret he does not see it the way I do. rural homes across the country. This we know where people are. It is abso- I guess that is where we are. listed quantity of 7,500 pounds is rough- lutely wrong that we have people here I yield the floor. ly 1,785 gallons. who come on study visas and we lose The PRESIDING OFFICER. The Sen- For those who are not from rural track of them. That is one example. I ator from Iowa. America, the typical rural home has at know a significant number of Senators Mr. GRASSLEY. Mr. President, I vis- least one thousand-gallon tank for would agree. I think Secretary Chertoff ited with the managers about speaking heating and maybe has two or three of would think this is something he on some amendments. these tanks for home heating and cook- should do with part of that money. The first amendment I am going to ing, depending upon the size of the The PRESIDING OFFICER. The Sen- reference, I will just speak about it be- home. Some family farms may have a ator from Texas. cause it is still in Legislative Counsel, home tank and multiple farm tanks. Mr. CORNYN. I welcome the oppor- but we will have it shortly. That prob- Under the current regulation and tunity always to work with the distin- ably means tomorrow. But I wish to thresholds, these rural homes and guished majority leader on legislation, alert people to a problem we have with farms would qualify as a chemical fa- including this legislation. But the fact Homeland Security that I would like to cility and would have to complete what is, the American people have lost con- fix through amendment. The amend- is known as the ‘‘top screen’’ process to fidence in the Federal Government ment would restrict the Department of register the site as a chemical facility. when it comes to broken borders and Homeland Security from using any These are not homes in large metro- our lack of enforcement of our immi- funds appropriated in this bill for the politan areas; they are rural homes gration system. It is more appropriate enforcement of interim final chemical where the nearest neighbors could be that we contain the requirements in security regulations relating to the miles away. But under the current reg- the amendment itself and not in letters stored quantity of propane gas between ulation, counting all tanks on one

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9903 property, they would be subject to the including propane in quantities of 7,500 (Purpose: To provide that none of the funds screening requirements and also sub- pounds in the regulations. I asked Sec- made available under this Act may be ex- ject to penalties if they failed to com- retary Chertoff to consider including pended until the Secretary of Homeland plete the screen. Security certifies to Congress that all new an exemption for rural homes, farms, hires by the Department of Homeland Se- Most people listening to me are prob- and small businesses that store and curity are verified through the basic pilot ably saying: So what. If the Depart- provide propane in excess of 7,500 program authorized under section 401 of ment lists the chemicals, these folks pounds. To date, I have only received a the Illegal Immigration Reform and Immi- should register. Well, in its own regu- response saying the Department is grant Responsibility Act of 1996 or may be latory analysis—I am quoting from the ‘‘giving careful consideration’’ to my available to enter into a contract with a person, employer, or other entity that does Department now—the Department cal- letter. culates that the average cost to com- not participate in the such basic pilot pro- plete the top screen process will be be- Now, I appreciate the careful consid- gram) tween $2,300 and $3,500 per screen. That eration being given to my letter, but I On page 69, after line 24, insert the fol- is not a lot of money to some large wish to know what is being done to en- lowing: sure there is no undue burden placed SEC. 536. None of the funds made available chemical facility, but to John Q. Pub- under this Act may be expended until the lic who owns three tanks on his farm upon rural Americans and that these Secretary of Homeland Security certifies to to heat his home as well as to heat his rules have the impact that is intended. Congress that all new hires by the Depart- sheds and barns and maybe dry grain, We all want to ensure our homeland is ment of Homeland Security are verified $2,300 to $3,500 is very real money. as safe as possible, but we need to do so through the basic pilot program authorized Further, the top screen requires indi- without overburdening rural Ameri- under section 401 of the Illegal Immigration viduals to fill out a lengthy form that cans and threatening the growth of a Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). is highly detailed and may require help small business. SEC. 537. None of the funds made available from attorneys to ensure that the Further, as I pointed out, there is an under this Act may be available to enter into forms are filled out properly. Once this additional possible safety concern that a contract with a person, employer, or other is completed, the Department then may be a consequence of the regula- entity that does not participate in the basic makes a determination if the site will pilot program authorized under section 401 of need to complete a security vulnerabil- tion. As such, I will offer an amend- the Illegal Immigration Reform and Immi- ity assessment. If this assessment is ment that would prohibit the use of grant Responsibility Act of 1996 (8 U.S.C. necessary, the Department then deter- any funds to the Department to enforce 1324a note). mines if a site needs a site security the current regulations for propane Mr. GRASSLEY. This amendment to plan for chemical security. when the site of that propane has more this appropriations bill is to strength- The bottom line is that many rural than 7,500 pounds but less than 1,800 en our efforts to verify if people in the homes, farms, and small businesses pounds, until it amends these regula- United States are legal to work in this could be required to pay $2,300 to $3,500 tions to provide an exemption for rural country. as just a preliminary step to determine homesteads, agricultural producers, Without a doubt, we have an illegal whether they are ‘‘high risk’’ for a ter- and small business concerns. immigration problem. People are cross- rorist attack. These lengthy forms, Again, this amendment is narrowly ing our borders each day to live and complex requirements, and high costs tailored only toward propane and does work in the United States. Some indi- pose a harsh, undue burden upon rural not impact enforcement of the regula- viduals may have innocent motives, America; hence my amendment and tions for other listed toxic chemicals. some may not. Some may be living in the shadows and wish to do our country hence my begging for consideration of Additionally, this amendment includes harm. this from my colleagues. safety provisions to ensure that if a I also believe this regulation has a We do not live in a pre-9/11 world threat is imminent to rural America, possibility of increasing threats to our anymore. We must do all we can to pro- the Department can inform Congress of country as opposed to making it safer. tect our country. That is why I am pro- such threat and continue with its cur- As written, this rule and the current posing this amendment. It would do quantities of propane may lead many rent regulations. This amendment is two things very appropriate in the De- homeowners, farmers, small necessary to ensure that Government partment of Homeland Security appro- businesspeople to limit how full they regulations meet a commonsense test priations bill. It would require the en- might keep their onsite storage tanks. and do not unduly burden rural Amer- tire Department of Homeland Security For example, a home with multiple ica. to use the basic pilot program—also tanks may only fill a backup tank part AMENDMENT NO. 2444 TO AMENDMENT NO. 2383 known as the electronic employment of the way to stay under the threshold verification system. so they do not have to fill out the top Mr. President, I am now going to go The Immigration Reform and Control screen. to an amendment I do have written and Act of 1986 made it unlawful for em- Now, as a result of that, that home, would like to offer. I send amendment ployers to knowingly hire and employ that small business, that farm may No. 2444 to the desk and ask for its con- aliens not eligible to work. It required have to increase the number of times sideration. Mr. INHOFE should be listed employers to check the identity and its tanks are filled once or twice during as a cosponsor. work eligibility documents of all em- the winter months. This increase in the The PRESIDING OFFICER. Is there ployees. number of tank fills—because they are objection to setting aside the pending The easy availability of counterfeit only going to be partially filled— amendment? documents has made a mockery of the means the number of trips propane 1986 bill. Fake documents are produced Without objection, it is so ordered. trucks make is very much increased, by the millions and can be obtained leading to more propane tankers per The clerk will report. very cheaply. business and more propane tankers The assistant legislative clerk read In response to the illegal hiring of going down our highways. as follows: immigrants, Congress created the basic Now, I ask all of you to consider, pilot program in 1996. This program al- what is a more vulnerable threat to The Senator from Iowa [Mr. GRASSLEY], for lows employers to check the status of America, John Q. Public’s family home himself and Mr. INHOFE, proposes an amend- their workers by checking one’s Social in rural Iowa—or in any other State— ment numbered 2444 to amendment No. 2383. Security number and alien identifica- or an increase in hundreds, maybe Mr. GRASSLEY. Mr. President, I ask tion number against Social Security thousands, of extra propane tankers on unanimous consent that reading of the Administration and Homeland Security America’s highways and roads? amendment be dispensed with. databases. Now, I tried to solve this problem be- The immigration bill before the Sen- fore this amendment. On June 25, 2007, The PRESIDING OFFICER. Without ate last year and this year would have I sent a letter to Secretary Chertoff objection, it is so ordered. required all employers to use the basic asking him to consider the impact of The amendment is as follows: pilot program over a period of time by

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9904 CONGRESSIONAL RECORD — SENATE July 25, 2007 phasing it in. Both the administration Illegal Immigration Reform and Immigrant assistance, please contact the Office of Leg- and Congress were poised to pass legis- Responsibility Act of 1996 included a provi- islative and Intergovernmental Affairs at lation mandating participation in this sion requiring select entities to participate (202) 447–5890. program. It has been argued that the in the program. The law states that ‘‘Each Sincerely, Department of the Federal Government shall DONALD H. KENT, Jr., employment verification system is cru- elect to participate in a pilot program and Assistant Secretary. cial to enforcing the laws already on shall comply with the terms and conditions Mr. GRASSLEY. Since receiving the the books. Many say the system is a of such an election.’’ I would like to know letter from Secretary Chertoff, this is needed tool for employers to check the how this law is being enforced, and how your eligibility of their workers. department is working to ensure compliance what I have found out: that this re- Since 1996, the system has been up- by all federal agencies. sponse—that 403 Federal agencies are Furthermore, I would like the Depart- dated, the system has been improved. using the program—was deliberately ment’s legal opinion about the ability to re- misleading. In fact, congressional of- It is a Web-based program, and employ- quire contractors and subcontractors of the ers can go online quickly and very eas- fices make up to 99 percent of the Fed- federal government to use the basic pilot eral users. Of the 411 or more Federal ily when hiring an individual. Employ- program. Last July, the U.S. Immigration Government users, 400 are congres- ers in all 50 States can use the pro- and Customs Enforcement (ICE) arrested gram, and it is voluntary for the pri- nearly 60 illegal immigrants at Fort Bragg in sional offices—136 in the Senate and 264 vate sector. Currently, over 18,000 em- North Carolina. Last week, ICE arrested in the House. ployers use the basic pilot program. nearly 40 illegal immigrants hired by con- So I am taking issue with the De- tractors working on three military bases Under current law, however, the Fed- partment for their response to me and (Fort Benning, Creech Air Force Base, and feel this is deliberately misleading the eral Government is supposed to be Quantico Marine Base), one of which was re- using the employment verification sys- Congress on the use of the basic pilot portedly a member of the dangerous MS–13 program—when I get back a letter that tem—emphasis upon ‘‘current law’’ and gang. There are many similar stories of ille- says 403 Federal agencies are using the ‘‘supposed to be using.’’ We are talking gal aliens being hired by contractors who about the Federal Government as an work at critical infrastructure sites through- program, and 99 percent of them are employer and whether we are setting a out the United States. Requiring those who here on Capitol Hill, not downtown. good example for the private sector on do business with the federal government According to staff at the Citizenship should be held to the same standard as our checking whether people are legally in and Immigration Service, only 11 exec- executive department agencies. I encourage utive branch agencies are using the this country if they are going to work you to take steps to ensure that contractors for us. Of the 18,000 users I have men- program—only 11—and only 5 of the 22 are using the tools that we have provided, agencies at Homeland Security are tioned, Homeland Security says 403 and are participating in the department’s using the program—only 5. Federal agencies are using this pilot electronic employment verification system. program. But my colleagues will be I appreciate your time and consideration of The President visited a Dunkin’ shocked to hear that very few of the 22 these views. I look forward to hearing from Donuts shop last year. The company you. announced all of its franchises would agencies at the Department—the De- Sincerely, partment of Homeland Security—are use the basic pilot program to verify CHARLES E. GRASSLEY their workers. If Dunkin’ Donuts can actually participating in this program. U.S. Senator. I asked Secretary Chertoff in Janu- use the system, so can the Federal Government, particularly the Depart- ary of this very year about requiring OFFICE OF LEGISLATIVE AND INTER- ments with the mission of protecting all agencies to use this system and ex- GOVERNMENTAL AFFAIRS, U.S. DE- tending the requirement to contractors PARTMENT OF HOMELAND SECU- the homeland. who do business with the Federal Gov- RITY, We ought to be setting an example, Washington, DC. ernment. the Federal Government, for all em- Hon. CHARLES E. GRASSLEY, ployers. But within the Federal Gov- The Department of Homeland Secu- U.S. Senate, rity responded by saying these 403 Fed- ernment, the very department enforc- Washington, DC. ing the law, suggesting it is being used, eral agencies are participating in the DEAR SENATOR GRASSLEY: On behalf of Sec- basic pilot program. The Department retary Chertoff, thank you for your letter re- ought to set the example. said it was also on track to make sure garding federal agencies and government I am ashamed to say the Department all agencies were using this system by contractors using the Basic Pilot Employ- of Homeland Security—the most valu- ment Verification Program (Basic Pilot). able component of the executive the end of the fiscal year. Currently, there are 403 federal agencies I ask unanimous consent, Mr. Presi- branch in securing our Nation from that are participating in the Basic Pilot. The terrorism—then is setting a very bad dent, to have printed in the RECORD my majority of the federal Basic Pilot partici- example. letter to the Secretary and the Depart- pants are member offices of the legislative ment’s response. branch, although there are several key exec- Congress and the administration There being no objection, the mate- utive branch participants, such as the U.S. must be a model of good employment rial was ordered to be printed in the Citizenship and Immigration Services head- practices for the rest of the country. quarters office and components of the U.S. My amendment is needed to push exec- RECORD, as follows: Coast Guard. The U.S. Citizenship and Immi- utive branch participation in this pro- U.S. SENATE, gration Services, which oversees the Basic gram. Washington, DC, January 24, 2007. Pilot, is exploring several approaches this Now, there is a second part to my Hon. MICHAEL CHERTOFF, fiscal year to use Basic Pilot to verify all ex- Secretary, Department of Homeland Security, ecutive branch new hires. Also under consid- amendment. It would extend this prin- Washington, DC. eration is whether the Office of Personnel ciple to contractors who do work for DEAR SECRETARY CHERTOFF: Thank you for Management (OPM) could conduct the the Federal Government. Because the your time on Monday to discuss the worksite verifications through the Basic Pilot on be- second part of the amendment would enforcement actions against Swift & Com- half of all executive branch new hires or require all contractors—in just the De- pany. I appreciate the time you took to hear whether each agency should individually partment of Homeland Security—to our concerns, and discuss solutions to im- conduct the verifications for its own new use the basic pilot program to check prove our efforts to reduce identity theft by hires. The Department of Homeland Security the eligibility of their workers. illegal aliens. (DHS) would be pleased to keep your staff As I stated in our meeting, our government apprised of the status of this planning effort. Now, I think it ought to go beyond agencies must do a better job of commu- DHS’s goal is to ensure that all executive contractors for the Department of nicating with each other. That is why I au- branch new hires are verified through the Homeland Security, but we are work- thored an amendment last year to the immi- Basic Pilot by the end of FY 2007. ing on the Homeland Security appro- gration bill that would give your department With respect to whether or not depart- priations bill so I am limiting it to access to taxpayer information maintained mental contractors use the Basic Pilot pro- that. It is my opinion that those who by the Social Security Administration. I gram, DHS is exploring options to encourage do business with Homeland Security look forward to pushing this measure into contractor participation in the program. law. I appreciate your interest in the Depart- agencies should also be required to use Additionally, I want to reiterate my con- ment of Homeland Security, and I look for- the electronic employment verification cerns about the need for federal government ward to working with you on future home- system. They may be private-sector agencies to use the basic pilot program. The land security issues. If I may be of further people, but they are working for the

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9905 Federal Government and they are in Federal Government is preaching to The PRESIDING OFFICER. Is there place of Federal employees. the private sector. They are preaching objection? There have been many examples of to the other Government agencies that Without objection, it is so ordered. aliens illegally in the country working we ought to be doing it. We in Congress Mr. SCHUMER. Mr. President, I for Government contractors and being have adopted it more than anybody thank Chairman BYRD, Senator MUR- allowed to work in sensitive areas. I else in the Federal Government has. If RAY, and Senator COCHRAN for their gave a number of examples last week we can do this in our hiring of people, leadership on this outstanding bill during consideration of the Defense au- surely other Government agencies can. which will help make America safer thorization bill when I tried to apply I hope this amendment—I think a and, of course, we in New York particu- this same principle to that bill when it commonsense amendment—can be con- larly care about homeland security. I was up. sidered. I am happy to debate it, but I want to commend the committee for But the Department of Defense, I am finished presenting it. I have it be- putting together a bill that shows the want you to know, is not the only cul- fore the Senate and I will let the man- Nation where our priorities lie. After prit. This week, a man from Houston agers of the bill take the course from years of shortchanging the Department was sentenced for harboring illegal that point. of Homeland Security, the committee aliens, some of whom had access to an The PRESIDING OFFICER. The Sen- has now put forth a bill that will suffi- Alexandria airbase and Louisiana Na- ator from Mississippi is recognized. ciently fund the Department, in my tional Guard facility under a Federal Mr. COCHRAN. Mr. President, I judgment. In the next year, DHS will Emergency Management Agency con- thank the distinguished Senator from finally be equipped to do its job of struction contract. Iowa for his contribution to the debate making our Nation safer from harm. The company employed 30 to 40 work- and consideration of this legislation. I The bill will make America safer by ers, contracted with FEMA, and was ask unanimous consent that it be set investing in high priority projects— able to send illegal aliens to a worksite aside so that I may call up another such as the kind of technology we need where they had access to a National amendment. to keep us safe—while also protecting Guard facility and airbase. The PRESIDING OFFICER. Without us at our borders, in our skies, at our There were many news stories about objection, it is so ordered. ports of entry, and on our subways, undocumented individuals working in AMENDMENT NO. 2405 TO AMENDMENT NO. 2383 rail, and mass transit systems. the construction industry in New Orle- Mr. COCHRAN. Mr. President, on be- AMENDMENT NO. 2416 TO AMENDMENT NO. 2383 ans after Hurricane Katrina. half of the Senator from Tennessee, Mr. SCHUMER. Mr. President, I call Then there was ‘‘Operation Tarmac,’’ Mr. ALEXANDER, I call up amendment up amendment No. 2416. launched by Immigration and Customs No. 2405 and ask for its consideration. The PRESIDING OFFICER. The Enforcement in 2002, to enhance secu- The PRESIDING OFFICER. The clerk will report. rity at our airports and remove un- clerk will report. The assistant legislative clerk read documented immigrants from these The assistant legislative clerk read as follows: critical facilities. as follows: The Senator from New York [Mr. SCHUMER] The operation resulted in investiga- The Senator from Mississippi [Mr. COCH- proposes an amendment numbered 2416 to tions of hundreds of thousands of peo- RAN], for Mr. ALEXANDER, proposes an amendment No. 2383. ple and more than 900 arrests of unau- amendment numbered 2405 to amendment Mr. SCHUMER. Mr. President, I ask thorized workers. Aliens illegally in No. 2383. unanimous consent that the reading of this country were working as janitors, Mr. COCHRAN. Mr. President, I ask the amendment be dispensed with. baggage checkers, and luggage han- unanimous consent that the reading of The PRESIDING OFFICER. Without dlers. the amendment be dispensed with. objection, it is so ordered. Whether it is FEMA or the Transpor- The PRESIDING OFFICER. Without The amendment is as follows: tation Security Administration or Bor- objection, it is so ordered. (Purpose: To evaluate identification card der Patrol or the Citizenship and Immi- The amendment is as follows: technologies to determine the most appro- gration Service, we must make sure (Purpose: To make $300,000,000 available for priate technology for ensuring the optimal those hired by the agencies are legally grants to States to carry out the REAL ID security, efficiency, privacy, and cost of able to work in the United States. Act of 2005) passport cards) While Immigration and Customs En- On page 40, after line 24, insert the fol- At the appropriate place, insert the fol- forcement has taken some steps to find lowing: lowing: REAL ID GRANTS TO STATES SEC. ll. INDEPENDENT PASSPORT CARD TECH- unauthorized workers at secure sites, NOLOGY EVALUATION. SEC. . (a) For grants to States pursuant illegal aliens should not be hired in the ll (a) IN GENERAL.—Before issuing a final rule first place. We cannot allow people ille- to section 204(a) of the REAL ID Act of 2005 to implement the passport card requirements gally in our county to check our bags (division B of Public Law 109–13; 119 Stat. described in section 7209(b)(1) of the Intel- or process immigration benefits. 302), $300,000,000 to remain available until ex- ligence Reform and Terrorism Prevention pended. One way to get at that problem, then, Act of 2004 (8 U.S.C. 1185 note), the Secretary (b) All discretionary amounts made avail- of State and the Secretary of Homeland Se- is to require Departments, particularly able under this Act, other than the amount the Department of Homeland Security, curity, using funds appropriated by this Act, appropriated under subsection (a), shall be shall jointly conduct an independent tech- to use the basic pilot program up front. reduced a total of $300,000,000, on a pro rata nology evaluation to test any card tech- There is no cost to employers. Instead, basis. nologies appropriate for secure and efficient (c) Not later than 15 days after the date of the American public will be more pro- border crossing, including not fewer than 2 the enactment of this Act, the Director of tected than it is today. potential radio frequency card technologies, the Office of Management and Budget shall Earlier this year, the Senate voted in a side by side trial to determine the most report to the Committee on Appropriations appropriate solution for any passport card in unanimously to debar employers from of the Senate and the Committee on Appro- the land and sea border crossing environ- Government contracts if they are priations of the House of Representatives on ment. found to hire aliens illegally in the the accounts subject to pro rata reductions (b) EVALUATION CRITERIA.—The criteria to country. That vote signified an over- pursuant to subsection (b) and the amount to be evaluated in the evaluation under sub- whelming opinion that our Govern- be reduced in each account. section (a) shall include— ment should only be doing business Mr. COCHRAN. Mr. President, I will (1) the security of the technology, includ- with those who take our immigration set this amendment aside and take it ing its resistance to tampering and fraud; laws very seriously. Therefore, this up in due course in the consideration of (2) the efficiency of the use of the tech- part of my amendment should not be the bill. nology under typical conditions at land and problematic. The PRESIDING OFFICER. The Sen- sea ports of entry; I hope my amendment can be consid- ator from New York is recognized. (3) ease of use by card holders; (4) reliability; ered this week. It is not overly expan- Mr. SCHUMER. Mr. President, I ask (5) privacy protection for card holders; and sive. It is to the Department we are ap- unanimous consent that the pending (6) cost. propriating money for. I don’t believe amendment be temporarily set aside so (c) SELECTION.—The Secretary of State and it is overly burdensome because the that I may offer four amendments. the Secretary of Homeland Security shall

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9906 CONGRESSIONAL RECORD — SENATE July 25, 2007 jointly select the most appropriate tech- Mr. SCHUMER. I ask unanimous con- of radiological detection systems in accord- nology for the passport card based on the sent that the reading of the amend- ance with the global nuclear detection archi- performance observed in the evaluation ment be dispensed with. tecture, $182,000,000, to remain available under subsection (a). The PRESIDING OFFICER. Without until September 30, 2010, of which $30,000,000 shall be available to support the implemen- Mr. SCHUMER. Mr. President, I am objection, it is so ordered. introducing an amendment that will tation of the Securing the Cities initiative at The amendment is as follows: the level requested in the President’s budg- require the Government to test an (Purpose: To increase the amount provided array of possible card technologies be- et:’’. for aviation security direction and enforce- Mr. SCHUMER. Mr. President, I am fore creating new passport cards for ment) joined by my New York colleague Sen- land border crossings. On page 2, line 11, strike ‘‘$100,000,000’’ and Under the Western Hemisphere Trav- insert ‘‘$94,000,000’’. ator CLINTON and my colleagues from el Initiative, the Department of Home- On page 18, line 2, strike ‘‘$5,039,559,000’’ New Jersey, Senator LAUTENBERG and land Security is moving toward new and insert ‘‘$5,045,559,000’’. Senator MENENDEZ, in offering an rules to require travelers to show a On page 18, line 10, strike ‘‘$964,445,000’’ and amendment to fully fund the Securing passport or an approved alternative insert ‘‘$970,445,000’’. the Cities initiative at the level of $40 document at land ports of entry. As we On page 18, line 20, strike ‘‘$2,329,334,000’’ million. This is what was requested by and insert ‘‘$2,335,344,000’’. all saw from the record passport back- the President. Securing the Cities is an logs over the past few months, the Na- Mr. SCHUMER. Mr. President, the innovative partnership between the tion suffers when the administration Law Enforcement Officer Reimburse- Federal Domestic Nuclear Detection makes big changes at the border with- ment Program reimburses local law en- Office and local law enforcement to set out adequate preparation. Yet with the forcement for security services that up a ring of radiation detection devices new passport cards, DHS and the State TSA requires at all airports around the around the perimeter of urban centers Department seem to be rushing for- country. But due to a planned expan- to stop dirty bombs or nuclear weap- ward blindly again. They have already sion, the program is not fully funded at ons. The Nuclear Detection Office issued a proposed rule on passport card the level needed to maintain the chose the New York region as the first technology, but when I questioned offi- present level of service. Currently, 275 area to pilot this approach, and local cials from DHS and the State Depart- airports are part of the program, which authorities have been working together ment, they admitted they had not done is funded at $64 million. As the pro- for months to plan and train. But the any on-the-ground testing of their pro- gram moves from a reimbursement committee proposes to provide only posed cards. This lack of testing is es- agreement model to a cooperative three-quarters of the funding requested pecially shocking because the adminis- agreement model, TSA hopes to in- by the President. tration is making a very unusual move clude 300 airports, but they will at- When it comes to protecting cities in trying to use a type of technology tempt to do this with the same level of from nuclear or radiological attack, we that has weaker security capabilities funding used for 275 airports. Most of can’t stop halfway. Securing the Cities than some of the other options that are these airports are smaller, rural. They is a cutting-edge plan to safeguard the out there. We don’t know whether it are not the kind of airports that can people and assets of our most threat- would work on the border unless we easily come up with the tens of thou- ened city centers. This program is test it. sands of dollars that might be required. moving ahead and it needs the full I think that with proper preparation So this is a smart and straightforward amount the President requested: $30 and testing, we can have a border docu- way to make sure the administration is million to purchase equipment and $10 ment that is both secure and efficient, spending money wisely. My amend- million for planning and research. I that preserves both security and allows ment will make sure the level of secu- hope the relatively small amount of commerce to continue to flow freely rity service provided at airports does money here will be approved without across the border. That is what I want not suffer as more airports become part much debate by my colleagues. to see. But if we let the DHS push this of this important program. forward, I am concerned that travelers AMENDMENT NO. 2448 TO AMENDMENT NO. 2383 AMENDMENT NO. 2447 TO AMENDMENT NO. 2383 Finally, Mr. President, I ask that the will get the worst of both worlds. Mr. President, I ask unanimous con- DHS in this case has it all backward. pending amendment be set aside and I sent that the pending amendment be They need to do the testing before call up amendment No. 2448. making a final choice of technology. set aside and I call up amendment No. The PRESIDING OFFICER. Without We need to know that any new cards 2447. objection, it is so ordered. The PRESIDING OFFICER. Without will be reliable, secure, efficient, and The clerk will report. easy to use. If the administration objection, it is so ordered. The assistant legislative clerk read The clerk will report. won’t do that testing on its own, then as follows: The assistant legislative clerk read Congress must step in. My amendment The Senator from New York [Mr. SCHUMER] as follows: says DHS and the State Department proposes an amendment numbered 2448 to amendment No. 2383. need to do a serious evaluation com- The Senator from New York [Mr. SCHUMER] proposes an amendment numbered 2447 to Mr. SCHUMER. Mr. President, I ask parison of two or more card tech- amendment No. 2383. nologies before they issue a final regu- unanimous consent that further read- lation to start selling these cards to Mr. SCHUMER. I ask unanimous con- ing of the amendment be dispensed people. This is a smart and straight- sent that the reading of the amend- with. forward way to make sure the adminis- ment be dispensed with. The PRESIDING OFFICER. Without tration is spending money wisely. I The PRESIDING OFFICER. Without objection, it is so ordered. can’t see why anyone would object to objection, it is so ordered. The amendment is as follows: it, and I hope we can certainly agree The amendment is as follows: (Purpose: To increase the domestic supply of without much controversy to pass it (Purpose: To reserve $40,000,000 of the nurses and physical therapists, and for other purposes) into law. amounts appropriated for the Domestic Nuclear Detection Office to support the On page 69, after line 24, add the following: AMENDMENT NO. 2461 TO AMENDMENT NO. 2383 implementation of the Securing the Cities SEC. 536. INCREASING THE DOMESTIC SUPPLY Mr. President, I ask unanimous con- initiative at the level requested in the OF NURSES AND PHYSICAL THERA- sent that the pending amendment be President’s budget) PISTS THROUGH THE RECAPTURE set aside and I call up amendment No. OF UNUSED EMPLOYMENT-BASED On page 49, line 22, strike the period at the IMMIGRANT VISAS. 2461. end and all that follows through ‘‘2010:’’ on Section 106(d) of the American Competi- The PRESIDING OFFICER. Without page 50, line 2, and insert the following: ‘‘, of tiveness in the Twenty-first Century Act of objection, it is so ordered. which $10,000,000 shall be available to support 2000 (Public Law 106–313; 8 U.S.C. 1153 note) is The clerk will report. the implementation of the Securing the Cit- amended— The assistant legislative clerk read ies initiative at the level requested in the (1) in paragraph (1)— as follows: President’s budget. (A) by inserting ‘‘1996, 1997,’’ after ‘‘avail- The Senator from New York [Mr. SCHUMER] ‘‘SYSTEMS ACQUISITION able in fiscal year’’; and proposes an amendment numbered 2461 to ‘‘For expenses for the Domestic Nuclear (B) by inserting ‘‘group I,’’ after ‘‘schedule amendment No. 2383. Detection Office acquisition and deployment A,’’;

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9907 (2) in paragraph (2)(A), by inserting ‘‘1996, (Purpose: To require that not less than called 287(g) to process illegal aliens 1997, and’’ after ‘‘available in fiscal years’’; $5,400,000 of the amount appropriated to who committed crimes—they are put and United States Immigration and Customs through the bureaucratic ringer and (3) by adding at the end the following: Enforcement be used to facilitate agree- often turned away. ‘‘(4) PETITIONS.—The Secretary of Home- ments described in section 287(g) of the Im- land Security shall provide a process for re- migration and Nationality Act) Why would the Department of Home- land Security deny our local law en- viewing and acting upon petitions with re- On page 16, line 1, strike ‘‘may’’ and insert spect to immigrants described in schedule A ‘‘shall’’. forcement agencies the tools that are readily available to them under cur- not later than 30 days after the date on Mrs. DOLE. Mr. President, the under- which a completed petition has been filed.’’. rent law that would help address major lying DHS appropriations bill makes challenges in their communities? Most Mr. SCHUMER. Mr. President, it available $5 million for facilitating simply, the answer is funding. Immi- should be a secret to no one that DHS 287(g) agreements. As the bill is cur- gration and Customs Enforcement, or is far behind in processing visas. One rently written, the Secretary of DHS ICE, does not have the money to train consequence of these lags is that thou- could ignore the will of Congress and and provide assistance to these local sands of visas go unused every year. refuse to use the money to facilitate entities that are textbook examples of This amendment takes approximately 287(g) agreements. The current amend- places that desperately need 287(g) sta- 61,000 of these unused visas from past ment would simply require that the tus. years and allocates them for two pro- Secretary use this funding for its in- In the aftermath of the immigration fessions that have been hit very hard tended purpose. debate, it is abundantly clear Ameri- by the visa crisis: nurses and physical I ask unanimous consent that this cans have no confidence that their therapists. Hospitals in New York, amendment be temporarily laid aside Government is taking the critical steps from the large ones in New York City so that I may call up my second to secure our borders or enforce the to the small rural ones upstate, and amendment. hospitals around the country are feel- The PRESIDING OFFICER. Without laws on the books. The public will con- ing the crunch from the huge nursing objection, it is so ordered. tinue to distrust and rightly reject any so-called comprehensive immigration shortage. There are now more than AMENDMENT NO. 2449 TO AMENDMENT NO. 2383 reform until they wholeheartedly be- 100,000 nurse vacancies nationwide, by Mrs. DOLE. Mr. President, I send to lieve these steps have been taken to some counts. the desk my amendment No. 2449. keep their communities and families This amendment doesn’t do anything The PRESIDING OFFICER. The safe. to change existing law, and doesn’t—I clerk will report. The 287(g) program is an invaluable repeat, doesn’t—create a single new The legislative clerk read as follows: visa. It is a one-time fix that does one tool to achieving these goals, and it The Senator from North Carolina [Mrs. should be fully utilized. My amend- thing: It takes one small pool of exist- DOLE] proposes an amendment numbered 2449 ing visas that now isn’t being used and to amendment No. 2383. ments will help ensure that it is fully utilized, and without actually increas- sets it aside for two professions that Mrs. DOLE. Mr. President, I ask ing the cost of the bill. I repeat, my desperately need the help. unanimous consent that reading of the amendments do not add any cost to I look forward to working with the amendment be dispensed with. this legislation. committee on these amendments, as I The PRESIDING OFFICER. Without I urge my colleagues to support these believe they are important additions to objection, it is so ordered. measures, and I truly hope these com- the great work the committee has al- The amendment is as follows: ready done. I will ask for the yeas and monsense amendments are fully con- (Purpose: To set aside $75,000,000 of the funds sidered. nays at the appropriate time. appropriated for training, exercise, tech- Mr. President, I ask unanimous con- I yield the floor. nical assistance, and other programs under the heading State and local programs for sent that my amendment be laid aside, Mrs. MURRAY. Mr. President, I sug- and I yield the floor. gest the absence of a quorum. training consistent with section 287(g) of the Immigration and Nationality Act) The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The On page 39, line 21, insert ‘‘, of which not ator from Mississippi is recognized. clerk will call the roll. less than $75,000,000 shall be used for train- AMENDMENT NO. 2476 TO AMENDMENT NO. 2383 The legislative clerk proceeded to ing, exercises, and technical assistance con- Mr. COCHRAN. Mr. President, a mo- call the roll. sistent with section 287(g) of the Immigra- ment ago, the Senator from Iowa, Mr. Mrs. DOLE. Mr. President, I ask tion and Nationality Act (8 U.S.C. 1357(g))’’ before the semicolon at the end. GRASSLEY, was speaking and described unanimous consent that the order for an amendment to require the Secretary Mrs. DOLE. Mr. President, the under- the quorum call be rescinded. of Homeland Security to establish rea- lying bill provides over $51 million for The PRESIDING OFFICER. Without sonable regulations relating to stored training to support implementation of objection, it is so ordered. quantities of propane. On his behalf, I 287(g) agreements. My amendment Mrs. DOLE. Mr. President, I ask send that amendment to the desk and would make an additional $75 million unanimous consent that the pending ask that it be reported. amendment be temporarily set aside in available for this purpose by providing The PRESIDING OFFICER. Without order for me to offer two amendments. that a portion of the $294 million al- objection, it is so ordered. The PRESIDING OFFICER. Without ready appropriated under the bill for The clerk will report. objection, it is so ordered. general State and local training grants The legislative clerk read as follows: be used specifically for 287(g) training. AMENDMENT NO. 2462 TO AMENDMENT NO. 2383 Mr. President, in recent months, I The Senator from Mississippi [Mr. COCH- Mrs. DOLE. Mr. President, I call up RAN], for Mr. GRASSLEY, proposes an amend- have heard from local law enforcement amendment No. 2462, which is at the ment numbered 2476 to amendment No. 2383. officials from every corner of my home desk, and I ask for its immediate con- Mr. COCHRAN. Mr. President, I ask State of North Carolina who, frankly, sideration. unanimous consent that reading of the have had it. They are fed up. They are amendment be dispensed with. The PRESIDING OFFICER. The fed up because they are powerless to The PRESIDING OFFICER. Without clerk will report. bring justice to illegal aliens who are objection, it is so ordered. The legislative clerk read as follows: committing crimes, such as drinking The amendment is as follows: The Senator from North Carolina [Mrs. and driving and gang-related activity. DOLE] proposes an amendment numbered 2462 They are fed up that Federal agents (Purpose: To require the Secretary of Home- to amendment No. 2383. land Security to establish reasonable regu- lack the manpower to help them proc- lations relating to stored quantities of pro- Mrs. DOLE. Mr. President, I ask ess these criminals. They are fed up pane) unanimous consent that reading of the with the catch and release of dangerous On page 69, after line 24, add the following: amendment be dispensed with. individuals. Local law enforcement of- SEC. 536. CHEMICAL FACILITY ANTITERRORISM The PRESIDING OFFICER. Without ficers are fed up that when they try to STANDARDS. objection, it is so ordered. solve these serious problems—that is, (a) IN GENERAL.—Except as provided in The amendment is as follows: they seek authority under a program subsection (b), none of the funds in this Act

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9908 CONGRESSIONAL RECORD — SENATE July 25, 2007 may be used to enforce the interim final reg- 120 Stat. 1389) (relating to border tunnels and The PRESIDING OFFICER. Without ulations relating to stored quantities of pro- passages) as section 555. objection, the clerk will report. pane issued under section 550(a) of the De- (2) TABLE OF SECTIONS.—The table of sec- The legislative clerk read as follows: partment of Homeland Security Appropria- tions for chapter 27 of title 18, United States tions Act, 2007 (6 U.S.C. 121 note), including Code, is amended by striking the item relat- The Senator from Washington [Mrs. MUR- the regulations relating to stored quantities ing to section 554, ‘‘Border tunnels and pas- RAY], for Mr. CORNYN, proposes an amend- of propane in an amount more than 7,500 sages’’, and inserting the following: ment numbered 2430 to amendment No. 2383. pounds under Appendix A to part 27 of title ‘‘555. Border tunnels and passages.’’. Mrs. MURRAY. Mr. President, I ask 6, Code of Federal Regulations, until the Sec- (b) CRIMINAL FORFEITURE.—Section unanimous consent that the reading of retary of Homeland Security amends such 982(a)(6)of title 18, United States Code, is the amendment be dispensed with. regulations to provide an exemption for agri- amended by striking ‘‘554’’ and inserting The PRESIDING OFFICER. Without cultural producers, rural homesteads, and ‘‘555’’. small business concerns (as that term is de- objection, it is so ordered. (c) DIRECTIVE TO THE UNITED STATES SEN- The amendment is as follows: fined in section 3 of the Small Business Act TENCING COMMISSION.—Section 551(d) of the (15 U.S.C. 632)) that store propane in an Department of Homeland Security Appro- (Purpose: To provide for the control and amount more than 7,500 pounds and not more priations Act, 2007 (Public Law 109–295; 120 management of Arundo donax, commonly than 100,800 pounds. Stat. 1390) is amended in paragraphs (1) and known as ‘‘Carrizo cane’’) (b) EXCEPTIONS.— (2)(A) by striking ‘‘554’’ and inserting ‘‘555’’. At the appropriate place, insert the fol- (1) IMMEDIATE OR IMMINENT THREAT.—Sub- Mrs. MURRAY. Mr. President, I be- lowing: section (a) shall not apply if the Secretary of lieve this amendment has been cleared SEC. llll. PLAN FOR THE CONTROL AND MAN- Homeland Security submits a report to Con- AGEMENT OF ARUNDO DONAX. gress outlining an immediate or imminent on both sides. (a) DEFINITIONS.—In this section: threat against such stored quantities of pro- Mr. COCHRAN. Mr. President, we (1) ARUNDO DONAX.—The term ‘‘Arundo pane in rural locations. have no objection to the amendment. donax’’ means a tall perennial reed com- (2) QUANTITY.—Subsection (a) shall not The PRESIDING OFFICER. If there monly known as ‘‘Carrizo cane’’, ‘‘Spanish apply to any action by the Secretary of is no further debate, the question is on cane’’, ‘‘wild cane’’, and ‘‘giant cane’’. Homeland Security to enforce the interim agreeing to amendment No. 2386. (2) PLAN.—The term ‘‘plan’’ means the plan final regulations described in that subsection The amendment (No. 2386) was agreed for the control and management of Arundo relating to stored quantities of propane, if to. donax developed under subsection (b). the stored quantity of propane is more than Mrs. MURRAY. I move to reconsider (3) RIVER.—The term ‘‘River’’ means the 100,800 pounds. the vote. Rio Grande River. (c) RULE OF CONSTRUCTION.—Except with Mr. COCHRAN. I move to lay that (4) SECRETARY.—The term ‘‘Secretary’’ respect to stored quantities of propane, noth- means the Secretary of Homeland Security. ing in this section may be construed to limit motion on the table. (b) DEVELOPMENT OF PLAN.— the application of the interim final regula- The motion to lay on the table was agreed to. (1) IN GENERAL.—The Secretary shall de- tions issued under section 550(a) of the De- velop a plan for the control and management partment of Homeland Security Appropria- AMENDMENT NO. 2387, AS MODIFIED, TO of Arundo donax along the portion of the tions Act, 2007 (6 U.S.C. 121 note). AMENDMENT NO. 2383 River that serves as the international border Mr. COCHRAN. Mr. President, I ask Mrs. MURRAY. Mr. President, I call between the United States and Mexico. unanimous consent that the amend- up amendment No. 2387 on behalf of (2) COMPONENTS.—In developing the plan, ment be set aside for consideration Senator FEINSTEIN and send a modifica- the Secretary shall address— later. tion to the desk. (A) information derived by the Secretary The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without of Agriculture and the Secretary of the Inte- rior from ongoing efforts to identify the objection, it is so ordered. objection, the clerk will report. The legislative clerk read as follows: most effective biological, mechanical, and Mr. COCHRAN. Mr. President, I sug- chemical means of controlling and managing The Senator from Washington [Mrs. MUR- gest the absence of a quorum. Arundo donax; RAY], for Mrs. FEINSTEIN, proposes an amend- The PRESIDING OFFICER. The (B) past and current efforts to under- ment numbered 2387, as modified, to amend- clerk will call the roll. stand— ment No. 2383. The legislative clerk proceeded to (i) the ecological damages caused by call the roll. Mrs. MURRAY. Mr. President, I ask Arundo donax; and Mrs. MURRAY. Mr. President, I ask unanimous consent that the reading of (ii) the dangers Arundo donax poses to Fed- unanimous consent that the order for the amendment be dispensed with. eral and local law enforcement; The PRESIDING OFFICER. Without (C) any international agreements and trea- the quorum call be rescinded. ties that need to be completed to allow for The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows: the control and management of Arundo objection, it is so ordered. donax on both sides of the River; At the appropriate place in the bill: AMENDMENT NO. 2386 TO AMENDMENT NO. 2383 (D) the long-term efforts that the Sec- SEC. ll. SEXUAL ABUSE. retary considers to be necessary to control Mrs. MURRAY. Mr. President, I call Sections 2241, 2242, 2243, and 2244 of title 18, and manage Arundo donax, including the up amendment No. 2386 on behalf of United States Code, are each amended by cost estimates for the implementation of the striking ‘‘the Attorney General’’ each place Senator FEINSTEIN. efforts; and that term appears and inserting ‘‘the head of The PRESIDING OFFICER. Without (E) whether a waiver of applicable Federal any Federal department or agency’’. objection, the clerk will report. environmental laws (including regulations) The legislative clerk read as follows: Mrs. MURRAY. Mr. President, I be- is necessary. The Senator from Washington [Mrs. MUR- lieve this amendment has been cleared (3) CONSULTATION.—The Secretary shall de- RAY], for Mrs. FEINSTEIN, proposes an amend- on both sides. velop the plan in consultation with the Sec- ment numbered 2386 to amendment No. 2383. Mr. COCHRAN. Mr. President, we retary of Agriculture, the Secretary of the Interior, the Secretary of State, the Chief of Mrs. MURRAY. Mr. President, I ask have no objection to the amendment. The PRESIDING OFFICER (Mr. Engineers, and any other Federal and State unanimous consent that the reading of agencies that have appropriate expertise re- the amendment be dispensed with. SALAZAR). If there is no further debate, the question is on agreeing to amend- garding the control and management of The PRESIDING OFFICER. Without Arundo donax. objection, it is so ordered. ment No. 2387, as modified. (c) REPORT.—Not later than 90 days after The amendment is as follows: The amendment (No. 2387), as modi- the date of enactment of this Act, the Sec- fied, was agreed to. retary shall submit the plan to— (Purpose: To amend title 18, United States Mrs. MURRAY. I move to reconsider Code, to make technical corrections to the (1) the Committees on the Judiciary of the new border tunnels and passages offense) the vote. Senate and the House of Representatives; Mr. COCHRAN. I move to lay that and On page 69, after line 24, add the following: motion on the table. (2) the Committees on Appropriations of SEC. ll. TECHNICAL CORRECTIONS. The motion to lay on the table was the Senate and the House of Representatives. (a) IN GENERAL.— agreed to. Mrs. MURRAY. Mr. President, I be- (1) REDESIGNATIONS.—Chapter 27 of title 18, United States Code, is amended by redesig- AMENDMENT NO. 2430 TO AMENDMENT NO. 2383 lieve this amendment as well has been nating section 554 added by section 551(a) of Mrs. MURRAY. Mr. President, I call cleared on both sides. the Department of Homeland Security Ap- up amendment No. 2430 on behalf of Mr. COCHRAN. Mr. President, we propriations Act, 2007 (Public Law 109–295; Senator CORNYN. have no objection to the amendment.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9909 The PRESIDING OFFICER. If there The PRESIDING OFFICER. Without Senate’s consideration of the fiscal year 2007 is no further debate, the question is on objection, it is so ordered. Homeland Security Act; regrettably the pro- agreeing to amendment No. 2430. The amendment is as follows: vision was not enacted into law. As you know, the Professional Services The amendment (No. 2430) was agreed At the appropriate place in the bill insert Council (PSC) is the principal national trade the following: to. association for companies providing services SEC. lll. The Secretary of Homeland Se- Mrs. MURRAY. I move to reconsider to virtually every agency of the Federal gov- curity shall require that all contracts of the the vote. ernment. Many of our member companies Department of Homeland Security that pro- Mr. COCHRAN. I move to lay that now do business with the Transportation Se- vide award fees link such fees to successful motion on the table. curity Administration (TSA) and other com- acquisition outcomes (which outcomes shall The motion to lay on the table was ponents of the Department of Homeland Se- be specified in terms of cost, schedule, and curity. On behalf of the more than 220 mem- agreed to. performance). ber companies, thank you for the invitation AMENDMENT NO. 2425, AS MODIFIED, TO Mrs. MURRAY. Mr. President, I be- AMENDMENT NO. 2383 to provide our views on this amendment. lieve this amendment as well has been Mrs. MURRAY. Mr. President, I call On behalf of PSC, we support this amend- cleared on both sides. ment. Bringing TSA at least under the com- up amendment No. 2425 on behalf of Mr. COCHRAN. Mr. President, we mon rules applicable to the Department of Senator MCCASKILL and send a modi- have no objection to the amendment. Homeland Security and to the preponderance fication to the desk. The PRESIDING OFFICER. If there of the federal agencies will increase competi- The PRESIDING OFFICER. Without is no further debate on the amendment, tion, expand opportunities for greater small objection, the clerk will report. business participation, provide greater ac- the question is on agreeing to the The legislative clerk read as follows: countability and transparency in their pro- amendment No. 2390, as modified. curement processes, and provide greater op- The Senator from Washington [Mrs. MUR- The amendment (No. 2390), as modi- RAY], for Mrs. MCCASKILL, proposes an tions for addressing the challenges of the de- amendment numbered 2425, as modified, to fied, was agreed to. partment’s acquisition workforce. Indeed, amendment No. 2383. Mrs. MURRAY. I move to reconsider there are clear advantages for all parties the vote. when agencies operate under common rules Mrs. MURRAY. Mr. President, I ask Mr. COCHRAN. I move to lay that and procedures. Moreover, as TSA seeks to unanimous consent that the reading of motion on the table. train its current workforce and further ex- the amendment be dispensed with. The motion to lay on the table was pand its acquisition workforce, the degree of The PRESIDING OFFICER. Without commonality between its acquisition proce- agreed to. dures and other federal agency practices will objection, it is so ordered. Mrs. MURRAY. Mr. President, we The amendment is as follows: have a real effect on the cost and efficiencies have made some progress on the Home- At the appropriate place in the bill: of bringing in skilled professionals. land Security appropriations bill We appreciate your leadership on this mat- SEC. lll. REPORTING OF WASTE, FRAUD, AND today. We just adopted some amend- ter. If you have any questions or need any ABUSE. additional information, please do not hesi- Not later than 30 days after the date of en- ments and worked our way through tate to let me know. actment of this Act— several issues today. A number of Sen- Sincerely, (1) the Secretary of Homeland Security ators have offered amendments to- ALAN CHVOTKIN, ESQ., shall establish and maintain on the home- night. I hope that early tomorrow Senior Vice President and Counsel. page of the website of the Department of morning we can go to those amend- Homeland Security, a direct link to the ments and get votes on them and begin AMENDMENT NO. 2405 website of the Office of Inspector General of to move this bill. Mr. WARNER. Mr. President, I am the Department of Homeland Security; and The majority leader has made it very pleased to join with my colleague Sen- (2) the Inspector General of the Depart- clear to all of us that he wants this bill ator ALEXANDER as a cosponsor of his ment of Homeland Security shall establish important amendment. I understand and maintain on the homepage of the completed this week, and we intend to that Senator COLLINS and Senator website of the Office of Inspector General a do that. If any Senators have amend- direct link for individuals to anonymously ments they would like to offer, we en- VOINOVICH are also cosponsors. report waste, fraud, or abuse. courage them to come as early as pos- This amendment is simple. It pro- Mrs. MURRAY. Mr. President, I be- sible tomorrow to get them offered so vides funding—$300 million—for grants lieve this amendment as well has been we can work our way through them and to the States for the continued devel- cleared on both sides. finish this bill in a timely manner. opment and implementation of the Mr. COCHRAN. Mr. President, we Mr. KERRY. Mr. President, I ask REAL ID program. This funding is have no objection to the amendment. unanimous consent to have a letter fully offset by an across the board re- The PRESIDING OFFICER. If there from the Professional Services Council duction of all discretionary amounts is no further debate, the question is on in support of my amendment to apply included in the underlying bill. agreeing to amendment No. 2425, as standard contracting laws to the Mr. President, the REAL ID program modified. Transportation Security Administra- is critical for our national security. The amendment (No. 2425), as modi- tion printed in the RECORD. We know, from history, that the du- fied, was agreed to. There being no objection, the mate- plication and falsification of drivers’ li- Mrs. MURRAY. I move to reconsider rial was ordered to be printed in the censes is a reality, and this fact is a the vote. RECORD, as follows: national security concern. As you may recall, all but one of the 9/11 hijackers Mr. COCHRAN. I move to lay that PROFESSIONAL SERVICES COUNCIL, motion on the table. Arlington, VA, July 24, 2007. obtained some form of U.S. identifica- The motion to lay on the table was Hon. JOHN KERRY, tion—some by fraudulent means— agreed to. Hon. OLYMPIA SNOWE, which aided them in boarding commer- AMENDMENT NO. 2390, AS MODIFIED, TO U.S. Senate, cial flights. We need confidence that AMENDMENT NO. 2383 Washington, DC. the individual that displays this card DEAR SENATORS KERRY AND SNOWE: During Mrs. MURRAY. Mr. President, I call is, in fact, the rightful owner of it. And the Senate’s consideration of the fiscal year this card, the REAL ID, will provide up amendment No. 2390 on behalf of 2008 Homeland Security Appropriations Act, Senator CLINTON and send a modifica- we understand that you will offer an amend- that confidence. tion to the desk. ment to repeal the provision in the Aviation The proposed regulation for the The PRESIDING OFFICER. Without and Transportation Security Act (P.L 107–71) REAL ID program sets out common objection, the clerk will report. that the Transportation Security Adminis- standards for the security and informa- The legislative clerk read as follows: tration’s procurements are to be governed tion on the card itself. These standards exclusively by the Federal Aviation Admin- The Senator from Washington [Mrs. MUR- require: minimum data visible on the istration’s Acquisition Management System RAY], for Mrs. CLINTON, proposes an amend- card, such as full names; verification of ment numbered 2390, as modified, to amend- (AMS) and are specifically exempt from cov- identity documents, such as birth cer- ment No. 2383. erage of most of the Federal procurement laws and the Federal Acquisition Regula- tificates and Social Security numbers; Mrs. MURRAY. Mr. President, I ask tions (FAR). This amendment is identical to physical security features embedded in unanimous consent that the reading of the provision you offered and the Senate the card to protect privacy and make the amendment be dispensed with. adopted by voice vote last year during the tampering more difficult; security of

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9910 CONGRESSIONAL RECORD — SENATE July 25, 2007 manufacturing facilities and back- MORNING BUSINESS when an improvised explosive device ground checks for employees handling Mrs. MURRAY. Mr. President, I ask detonated near his vehicle. Specialist these applications and cards. unanimous consent that there now be a Klasno was assigned to the 1114th In my view, the Federal Government period for the transaction of morning Transportation Company, Bakersfield, must be a good working partner with business, with Senators permitted to CA. He was from Riverside, CA. the States, and this amendment, which SGT Steven M. Packer, 23, died May speak therein for up to 10 minutes provides funding for the program, is a 17 in Rushdi Mullah, Iraq, of wounds each. step in the right direction. We must suffered when his dismounted patrol The PRESIDING OFFICER. Without proceed with this program on a part- encountered an improvised explosive objection, it is so ordered. nership concept of States and the Fed- device. Sergeant Packer was assigned eral Government working together. f to the 2nd Battalion, 14th Infantry For that reason, I am pleased to learn HONORING OUR ARMED FORCES Regiment, 2nd Brigade Combat Team, that the National Governors Associa- 10th Mountain Division, Fort Drum, tion supports this amendment. This Mrs. BOXER. Mr. President, today I NY. He was from Clovis, CA. program is an important step in rise to pay tribute to 55 young Ameri- PFC Victor M. Fontanilla, 23, died achieving some type of identification cans who have been killed in Iraq since May 17 in Iskandariya, Iraq, of wounds that will help America feel more secure April 28, 2007. This brings to 777 the suffered when an improvised explosive in our daily requirements to identify number of soldiers who were either device detonated near his vehicle. Pri- ourselves and to otherwise conduct our from California or based in California vate First Class Fontanilla was as- life here at home. who have been killed while serving our signed to the 725th Brigade Support Mr. SPECTER. Mr. President, I seek country in Iraq. This represents 21 per- Battalion, 4th Brigade Combat Team, recognition to offer my support for the cent of all U.S. deaths in Iraq. 25th Infantry Division, Fort Richard- amendment to be offered by Senator PFC Jay-D H. Ornsby-Adkins, 21, died son, AK. He was from Stockton, CA. CASEY with regard to homeland secu- on April 28 in Salman Pak, Iraq, of in- SSG Christopher Moore, 28, died May rity grant timelines. This amendment juries sustained when an improvised 19 in Baghdad, Iraq, of wounds suffered would lengthen the amount of time explosive device detonated near his when an improvised explosive device available to obligate funds provided in military vehicle and then encountered detonated near his vehicle. Staff Ser- fiscal year 2008 under the State Home- small arms fire. Private First Class geant Moore was assigned to the 1st land Security Grant Program and the Ornsby-Adkins was assigned to D Com- Battalion, 5th Cavalry Regiment, 2nd Rail and Transit Security Grant Pro- pany, 1st Battalion, 15th Infantry Regi- Brigade Combat Team, 1st Cavalry Di- gram from a maximum of 36 months to ment, 3rd Infantry Division, Fort vision, Fort Hood, TX. He was from a maximum of 48 months. Benning, GA. He was from Ione, CA. Alpaugh, CA. I am advised that several transit First LT Travis L. Manion, 26, died PFC Joseph J. Anzack, Jr., 20, died in agencies have encountered problems on April 29 while conducting combat Al Taqa, Iraq. Private First Class obligating homeland security grant operations in Al Anbar Province, Iraq. Anzack was initially reported as Duty funding within the current timetable, First Lieutenant Manion was assigned Status Whereabouts Unknown on May particularly for large and complex to 1st Reconnaissance Battalion, 1st 12, 2007, when his patrol received small projects such as installing underground Marine Division, I Marine Expedi- arms fire and explosives. Private First emergency communications networks tionary Force, Camp Pendleton, CA. Class Anzack was assigned to D Com- in subway tunnels. SPC Astor A. Sunsin-Pineda, 20, died pany, 4th Battalion, 31st Infantry Regi- The Southeastern Pennsylvania on May 2 in Baghdad, Iraq, when an im- ment, 10th Mountain Division, Fort Transit Authority, SEPTA, in par- provised explosive device detonated Drum, NY. He was from Torrance, CA. ticular, has encountered problems near his military vehicle. Specialist PFC Daniel P. Cagle, 22, died in which have thus far prevented it from Sunsin-Pineda was assigned to A Com- Balad, Iraq, died May 23 of wounds suf- being able to utilize federal homeland pany, 4th Brigade Special Troops Bat- fered when an improvised explosive de- security grant dollars to install an vice detonated near his unit in Ramadi, talion, 1st Infantry Division, Fort emergency communications network in Iraq. Private First Class Cagle was as- Riley, KS. He was from Long Beach, its 20-mile subway tunnel system signed to the 3rd Battalion, 69th Armor CA. which runs underneath portions of the Regiment, 1st Brigade Combat Team, SGT Felix G. Gonzalez-Iraheta, 25, city of Philadelphia. The absence of a 3rd Infantry Division, Fort Stewart, died May 3 in Baghdad, Iraq, of wounds communications system capable of GA. He was from Carson, CA. suffered when his unit came in contact functioning underground severely lim- CPL Victor H. Toledo Pulido, 22, died its the ability of SEPTA and first re- with enemy forces using small arms May 23 in Al Nahrawan, Iraq, of wounds sponders to deal with a potential emer- fire. Sergeant Gonzalez-Iraheta was as- suffered when an improvised explosive gency in Philadelphia’s subway tunnels signed to the 1st Battalion, 18th Infan- device detonated near his vehicle. Cor- and does not provide an adequate level try Regiment, 2nd Brigade Combat poral Toledo Pulido was assigned to 3d of protection for the traveling public. Team, 1st Infantry Division, Squadron, 1st Cavalry Regiment, 3rd Specifically, SEPTA claims that a 3- Schweinfurt, Germany. He was from Brigade Combat Team, 3rd Infantry Di- year period is not sufficient time to co- Sun Valley, CA. vision, Mechanized, Fort Benning, GA. ordinate regional interoperability Cpl Charles O. Palmer II, 36, died He was from Hanford, CA. issues with the city of Philadelphia and May 5 while conducting combat oper- SPC Gregory N. Millard, 22, died on the surrounding first responder agen- ations in Al Anbar Province, Iraq. Cor- May 26 in Salah Ad Din Province, Iraq, cies. It is my understanding that pre- poral Palmer was assigned to 8th Com- of injuries sustained when an impro- liminary engineering requirements and munication Battalion, II Marine Expe- vised explosive device detonated near the time associated with procuring the ditionary Force Headquarters Group, II his military vehicle. Specialist Millard necessary technology further com- MEF, Camp Lejeune, NC. He was from was assigned to A Company, 2nd Bat- pound the problem. Finally, SEPTA Manteca, CA. talion, 505th Parachute Infantry Regi- claims that it does not receive enough PFC William A. Farrar Jr., 20, died ment, 82nd Airborne Division, Fort homeland security grant funding in a 3- May 11 in Al Iskandariyah, Iraq, of Bragg, NC. He was from San Diego, CA. year period to complete such a complex wounds suffered when an improvised SGT Clayton G. Dunn II, 22, died on project. explosive device detonated near his ve- May 26 in Salah Ad Din Province, Iraq, This amendment will provide SEPTA hicle. Private First Class Farrar was of injuries sustained when an impro- and other transit agencies in similar assigned to the 127th Military Police vised explosive device detonated near predicaments with additional time to Company, 709th Military Police Bat- his military vehicle. Sergeant Dunn plan, coordinate, secure technology for talion, 18th Military Police Brigade, was assigned to A Company, 2nd Bat- and fund important and complex Darmstadt, Germany. He was from talion, 505th Parachute Infantry Regi- projects such as underground commu- Redlands, CA. ment, 82nd Airborne Division, Fort nications systems. I urge my col- SPC Rhys W. Klasno, 20, died May 13 Bragg, NC. He was from Moreno Valley, leagues to support this amendment. in Haditha, Iraq, of wounds suffered CA.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9911 SPC Mark R. C. Caguioa, 21, died on Fort Lewis, WA. He was from Los An- tionary Unit, I Marine Expeditionary May 24 at the National Naval Medical geles, CA. Force, Camp Pendleton, CA. Center, Bethesda, MD, died of injuries SGT Andrews J. Higgins, 28, died PFC Raymond N. Spencer Jr., 23, sustained on May 4, 2007, in Baghdad, June 5 in Baqubah, Iraq, of wounds suf- died June 21 in Baghdad, Iraq, of Iraq, when an improvised explosive de- fered when his unit came in contact wounds suffered when his unit was at- vice detonated near his military vehi- with enemy forces using small arms tacked by insurgents using an impro- cle. Specialist Caguioa was assigned to fire. Sergeant Higgins was assigned to vised explosive device and small arms B Company, 1st Battalion, 5th Cavalry the 5th Battalion, 20th Infantry Regi- fire. Private First Class Spencer was Regiment, 1st Cavalry Division, Fort ment, 3rd Brigade, 2nd Infantry Divi- assigned to the 2nd Battalion, 12th Hood, TX. He was from Stockton, CA. sion, Stryker Brigade Combat Team, Cavalry Regiment, 4th Brigade Combat SGT Nicholas R. Walsh, 27, died May Fort Lewis, WA. He was from Hayward, Team, 1st Cavalry Division, Fort Bliss, 26 from wounds suffered while con- CA. TX. He was from Carmichael, CA. ducting combat operations in Al Anbar PFC Justin A. Verdeja, 20, died June PVT Shane M. Stinson, 23, died on Province, Iraq. Sergeant Walsh was as- 5 in Baghdad, Iraq, of wounds suffered June 23, in Baghdad, Iraq, of injuries signed to the 1st Reconnaissance Bat- when his unit was attacked by insur- sustained when his mounted patrol en- talion, 1st Marine Division, I Marine gents using small arms fire. Private countered an improvised explosive de- Expeditionary Force, Camp Pendleton, First Class Verdeja was assigned to the vice and small arms fire. Private CA. 2nd Battalion, 12th Infantry Regiment, Stinson was assigned to the 2nd Bat- LCpl Emmanuel Villarreal, 21, died 2nd Brigade Combat Team, 2nd Infan- talion, 69th Armor Regiment, 3rd In- May 27 from a nonhostile vehicle acci- try Division, Fort Carson, CO. He was fantry Division, Fort Benning, GA. He dent at Kuwait Naval Base, Kuwait. from La Puente, CA. was from Fullerton, CA. Lance Corporal Villarreal was assigned PFC Cameron K. Payne, 22, died June PFC Cory F. Hiltz, 20, died June 28 of to Battalion Landing Team 1st Bat- 11 in Balad, Iraq, of wounds suffered wounds sustained when his unit was at- talion, 11th Marine Regiment, 13th Ma- from an improvised explosive device tacked in Baghdad by insurgents using rine Expeditionary Unit, I Marine Ex- that detonated near his vehicle during improvised explosive devices. Private peditionary Force, Camp Pendleton, combat operations in Baghdad, Iraq. First Class Hiltz was assigned to the CA. Private First Class Payne was assigned 2nd Battalion, 12th Infantry Regiment, SSG Thomas M. McFall, 36, died May to the 2nd Battalion, 16th Infantry 2d Brigade Combat Team, 2d Infantry 28 in Baghdad, Iraq, of wounds suffered Regiment, 4th Infantry Brigade Com- Division, Fort Carson, CO. He was from when an improvised explosive device bat Team, 1st Infantry Division, Fort La Verne, CA. SGT Giann C. Joya Mendoza, 27, died detonated near his position during a Riley, KS. He was from Corona, CA. June 28 of wounds sustained when his dismounted patrol. Staff Sergeant LCpl Johnny R. Strong, 21, died June unit was attacked in Baghdad by insur- McFall was assigned to the 1st Bat- 12 while conducting combat operations gents using improvised explosive de- talion, 38th Infantry Regiment, 4th in Al Anbar province, Iraq. Lance Cor- vices. Sergeant Joya Mendoza was as- Brigade, 2nd Infantry Division, Stryker poral Strong was assigned to 2nd Bat- signed to the 2nd Battalion, 12th Infan- Brigade Combat Team, Fort Lewis, talion, 7th Marine Regiment, 1st Ma- try Regiment, 2d Brigade Combat rine Division, Twentynine Palms, CA. WA. He was from Glendora, CA. Team, 2d Infantry Division, Fort Car- SPC Alexandre A. Alexeev, 23, died SPC Damon G. LeGrand, 27, died son, CO. He was from North Hollywood, on May 28, in Abu Sayda, Iraq when an June 12 in Baqubah, Iraq, of wounds CA. improvised explosive device detonated suffered when insurgents attacked his SGT Michael J. Martinez, 24, died near his military vehicle. Specialist unit with anti-tank mines, rocket-pro- June 28 of wounds sustained when his Alexeev was assigned to A Troop, 6th pelled grenades and small arms fire in unit was attacked in Baghdad by insur- Squadron, 9th Cavalry Regiment, 1st Baghdad, Iraq. Specialist LeGrand was gents using improvised explosive de- Cavalry Division, Fort Hood, TX. He assigned to the 571st Military Police vices. Sergeant Martinez was assigned was from Wilmington, CA. Company, 504th Military Police Bat- to the 2nd Battalion, 12th Infantry SPC Doonewey White, 26, died on talion, 42nd Military Police Brigade, Regiment, 2d Brigade Combat Team, 2d May 29 in Balad, Iraq, of injuries sus- Fort Lewis, WA. He was from Lakeside, Infantry Division, Fort Carson, CO. He tained on May 28, 2007, in Baghdad, CA. was from Chula Vista, CA. Iraq, when a vehicle-borne improvised SPC Josiah W. Hollopeter, 27, died SGT Shin W. Kim, 23, died June 28 of explosive device detonated near his ve- June 14 in Balad, Iraq, of wounds suf- wounds sustained when his unit was at- hicle. Specialist White was assigned to fered when his unit was attacked by in- tacked in Baghdad by insurgents using B Troop, 2nd Battalion, 5th Cavalry surgents using small arms fire in Al improvised explosive devices. Sergeant Regiment, 1st Cavalry Division, Fort Muqdadiyah, Iraq. Specialist Kim was assigned to the 2nd Battalion, Hood, TX. He was from Milpitas, CA. Hollopeter was assigned to the 6th 12th Infantry Regiment, 2nd Brigade SPC Romel Catalan, 21, of California, Squadron, 9th Cavalry Regiment, 3rd Combat Team, 2d Infantry Division, died on June 2 in Ameriyah, Iraq, when Brigade Combat Team, 1st Cavalry Di- Fort Carson, CO. He was from Ful- an improvised explosive device deto- vision, Fort Hood, TX. He was from lerton, CA. nated near his vehicle. Specialist San Diego, CA. SPC Victor A. Garcia, 22, died July 1 Catalan was assigned to A Company, SGT Derek T. Roberts, 24, died on in Baghdad, Iraq, of wounds suffered 1st Battalion, 23rd Infantry Regiment, June 14, in Kirkuk, Iraq, when an im- from enemy small arms fire. Specialist 2nd Infantry Division, Fort Lewis, WA. provised explosive device detonated Garcia was assigned to the 1st Bat- He was from Los Angeles, CA. near his vehicle. Sergeant Roberts was talion, 38th Infantry Regiment, 4th SGT Shawn E. Dressler, 22, died on assigned to B Company, 2nd Battalion, Brigade, 2nd Infantry Division, Stryker June 2, in Baghdad, Iraq, when an im- 35th Infantry regiment, 25th Infantry Brigade Combat Team, Fort Lewis, provised explosive device detonated Division, Schofield Barracks, HI. He WA. He was from Rialto, CA. near his vehicle. Sergeant Dressler was was from Gold River, CA. SSG Michael L. Ruoff Jr., 31, died assigned to A Company, 1st Battalion, SSG Stephen J. Wilson, 28, died June July 1 in Ta’meem, Iraq, of wounds sus- 18th Infantry Regiment, 1st Infantry 20 while conducting combat operations tained from enemy small arms fire. Division, Schweinfurt, Germany. He in Al Anbar Province, Iraq. Staff Ser- Staff Sergeant Ruoff was assigned to was from Santa Maria, CA. geant Wilson was assigned to Combat the 1st Battalion, 77th Armor Regi- SSG Greg P. Gagarin, 38, died June 3 Logistics Battalion 13, 13th Marine Ex- ment, 2nd Brigade Combat Team, 1st in Thania, Iraq, of wounds suffered peditionary Unit, I Marine Expedi- Infantry Division, Schweinfurt, Ger- when an improvised explosive device tionary Force, Camp Pendleton, CA. many. He was from Yosemite, CA. detonated near his vehicle. Staff Ser- SGT Shawn P. Martin, 30, died June LCpl Juan M. Garcia Schill, 20, died geant Gagarin was assigned to the 1st 20 while conducting combat operations July 2 while conducting combat oper- Battalion, 37th Field Artillery Regi- in Al Anbar Province, Iraq. Sergeant ations in Al Anbar Province, Iraq. ment, 3rd Brigade, 2nd Infantry Divi- Martin was assigned to Combat Logis- Lance Corporal Garcia Schill was as- sion, Stryker Brigade Combat Team, tics Battalion 13, 13th Marine Expedi- signed to 2nd Battalion, 7th Marine

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9912 CONGRESSIONAL RECORD — SENATE July 25, 2007 Regiment, 1st Marine Division, I Ma- from an improvised explosive device. Petty Officer First Class Chaney rine Expeditionary Force, Twentynine Sergeant Coffelt was assigned to the graduated from Bellevue West High Palms, CA. 503rd Military Police Battalion, 16th School in 1990. He enlisted in the Navy Petty Officer First Class Steven Phil- Military Police Brigade, Airborne, in 1993 and spent 4 years of his 14-year lip Daugherty, 28, died July 6 as a re- XVIII Airborne Corps, Fort Bragg, NC. Navy career as a recruiter. Petty Offi- sult of enemy action while conducting He was from Fair Oaks, CA. cer First Class Chaney’s passion for combat operations in the vicinity of SFC Luis E. Gutierrez-Rosales, 38, serving his country made him a strong Baghdad, Iraq. Petty Officer Daugherty died on July 18, in Adhamiyah, Iraq, of recruiter. He was even able to recruit was assigned to an East Coast-based injuries sustained when his vehicle en- his brother Randy Chaney to the Navy. SEAL team. He was from Barstow, CA. countered an improvised explosive de- Petty Officer First Class Chaney was MAJ James M. Ahearn, 43, died July vice and small arms fire. Sergeant assigned to Explosive Ordnance Dis- 5 when his vehicle struck an impro- First Class Gutierrez-Rosales was as- posal Mobile Unit 11, based at Naval vised explosive device in Baghdad, Iraq. signed to A Company, 1st Battalion, Air Station Whidbey Island, WA. His Major Ahearn was assigned to 96th 26th Infantry Regiment, 1st Infantry experience with ordnance disposal led Civil Affairs Battalion, 95th Civil Af- Division, Schweinfurt, Germany. He to other experiences. He worked with fairs Brigade, Fort Bragg, NC. He was was from Bakersfield, CA. Secret Service for President George from Concord, CA. Cpl Christopher G. Scherer, 21, died H.W. Bush’s 80th birthday celebration SPC Roberto J. Causor Jr., 21, died July 21 from wounds suffered while in 2004, where he met the former Presi- July 7 in Samarra, Iraq, of wounds suf- conducting combat operations in Al dent and former Soviet leader Mikhail fered when insurgents attacked his Anbar Province, Iraq. Corporal Scherer Gorbachev. He also assisted Secret unit with an improvised explosive de- was assigned to 1st Combat Engineer Service with security during the 2004 vice and small arms fire. Specialist Battalion, 1st Marine Division, I Ma- Presidential election and met both Causor was assigned to the 2nd Bat- rine Expeditionary Force, Camp Pen- President George W. Bush and Senator talion, 505th Parachute Infantry Regi- dleton, CA. JOHN KERRY. Petty Officer First Class ment, 3rd Brigade Combat Team, 82nd SGT Shawn G. Adams, 21, died July Chaney had been in Iraq for two Airborne Division, Fort Bragg, NC. He 22, in Owaset, Iraq, of wounds suffered months. We are proud of Petty Officer was from San Jose, CA. from an improvised explosive device. First Class Chaney’s service to our PFC Bruce C. Salazar, Jr., 24, died on Sergeant Adams was assigned to the country, as well as the thousands of July 6, in Muhammad Sath, Iraq, of in- 3rd Battalion, 509th Parachute Infantry other brave Americans serving in Iraq. juries sustained when his dismounted Regiment, 4th Brigade Combat Team, In addition to his brother Randy, patrol encountered an improvised ex- Airborne, 25th Infantry Division, Fort Petty Officer First Class Chaney is sur- plosive device. Private First Class Richardson, AK. He was from Dixon, vived by his daughter Brianna Chaney Salazar was assigned to B Company, CA. of Omaha, his father Larry Chaney of 1st Battalion, 30th Infantry Regiment, I would also like to pay tribute to Bloomington, MN, his mother Connie 3rd Infantry Division, Fort Stewart, the four soldiers from California who Chaney of Omaha, and brother Jim GA. He was from Tracy, CA. have died while serving our country in Ecker of Oakland, IA. LCpl Steven A. Stacy, 23, died July 5 Operation Enduring Freedom since I ask my colleagues to join me and from wounds suffered while conducting April 28. all Americans in honoring Petty Offi- SSG Joshua R. Whitaker, 23, died combat operations in Al Anbar Prov- cer First Class Jeffrey Chaney. ince, Iraq. Lance Corporal Stacy was May 15 in Qalat, Afghanistan, of SERGEANT JACOB SCHMUECKER assigned to 3rd Battalion, 1st Marine wounds suffered from enemy small Regiment, 1st Marine Division, I Ma- arms fire. Staff Sergeant Whitaker was Mr. President, I also rise to express rine Expeditionary Force, Camp Pen- assigned to the 1st Battalion, 7th Spe- my sympathy over the loss of U.S. dleton, CA. cial Forces Group, Fort Bragg, NC. He Army National Guard SGT Jacob Cpl Jeremy D. Allbaugh, 21, died July was from Long Beach, CA. Schmuecker of Norfolk, NE. Sergeant 5 from wounds suffered while con- SGT Charles E. Wyckoff, Jr., 28, died Schmuecker was killed on July 21 by ducting combat operations in Al Anbar on June 6 in Helmand Province, Af- an improvised explosive device in Province, Iraq. Corporal Allbaugh was ghanistan, of injuries sustained when Balad, Iraq. He was 27 years old. assigned to 1st Battalion, 4th Marine his dismounted patrol received small Sergeant Schmuecker graduated Regiment, 1st Marine Division, I Ma- arms fire. Sergeant Wyckoff was as- from West Holt High School in 1999, rine Expeditionary Force, Camp Pen- signed to C Company, 1st Battalion, where he was a linebacker and defen- dleton, CA. 508th Parachute Infantry Regiment, sive end on the football team. He at- LCpl Angel R. Ramirez, 28, died Feb- 82nd Airborne Division, Fort Bragg, tended Northeast Community College ruary 21 at Marine Air Ground Combat NC. He was from Chula Vista, CA. before he joined the Nebraska Army Center, Twentynine Palms, CA, after SGT Thomas P. McGee, 23, died July National Guard in 2001 as a member of being medically evacuated following a 6 of wounds sustained when his vehicle the 134th Infantry Detachment in Lin- non-hostile incident in Al Qaim, Iraq, struck an improvised explosive device coln, NE. on December 21, 2006. He was assigned in Wazi Khwa, Afghanistan. Sergeant He was mobilized for service in Iraq to 3rd Battalion, 4th Marine Regiment, McGee was assigned to the 546th Mili- in August 2006 with the Nebraska Na- 1st Marine Division, I Marine Expedi- tary Police Company, 385th Military tional Guard’s 755th Reconnaissance tionary Force, Twentynine Palms, CA. Police Battalion, Fort Stewart, GA. He and Decontamination Company based His passing was made public on July 10. was from Hawthorne, CA. in O’Neill, NE. SPC Eric M. Holke, 31, died on July SFC Sean K. Mitchell, 35, died July 7 Sergeant Schmuecker was a model 15, in Tallil, Iraq, when his vehicle in Kidal, Mali, of injuries sustained leader. He had a strong concern for the overturned. Specialist Holke was as- from a non-combat related incident. men that he led and hoped that if any- signed to A Company, 1st Battalion, Sergeant Mitchell was assigned to the thing were to happen, that it would 160th Infantry Regiment, 40th Infantry 1st Battalion, 10th Special Forces happen to him. He inspired his brother Division, Army National Guard, Ful- Group, Stuttgart, Germany. He was Chris Shepperd to enlist and he would lerton, CA. He was from Crestline, CA. from Monterey, CA. go on to serve in Iraq as well. We are LCpl Shawn V. Starkovich, 20, died PETTY OFFICER FIRST CLASS JEFFREY CHANEY proud of Sergeant Schmuecker’s serv- July 16 in Al Anbar Province, Iraq. Mr. HAGEL. Mr. Presdient, I rise to ice to our country, as well as the thou- Lance Corporal Starkovich was as- express my sympathy over the loss of sands of other brave Americans serving signed to 3rd Battalion, 1st Marine U.S. Navy Petty Officer First Class Jef- in Iraq. Regiment, 1st Marine Division, I Ma- frey Chaney of Omaha, NE. Petty Offi- Sergeant Schmuecker is survived by rine Expeditionary Force, Camp Pen- cer First Class Chaney was killed on his wife Lisa and their three children, dleton, CA. July 17 by an improvised explosive de- his parents Rodney and Patricia SGT Ronald L. Coffelt, 36, died July vice in Salah Ad Din Province, Iraq. He Schmuecker, three brothers, and three 19 in Baghdad, Iraq, of wounds suffered was 35 years old. sisters.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9913 I ask my colleagues to join me and MINIMUM WAGE And that inequality is ever too real all Americans in honoring SGT Jacob Mr. MENENDEZ. Mr. President, I for women and minorities, who are Schmuecker. rise today to speak on the minimum more likely to be minimum wage earn- f wage increase, which takes effect ers. So while increasing the minimum REMEMBERING LADY BIRD today. wage is just one step toward closing JOHNSON Today, millions of hard-working Americans will finally receive the first the income gap, it is an important Mr. ROCKEFELLER. Mr. President, increase of a $2.10 raise in the Federal step. when Lady Bird Johnson passed away minimum wage. Today, we are putting Ultimately, a wage increase is about on the afternoon of July 11, 2007, the an end to a decade-long stagnant wage fairness, about ensuring all Americans, United States mourned the loss of a that has kept those who are working not just those at the top, can share in dignified and compassionate First their hardest at the bottom of the lad- the American dream. Lady. Even though she is gone, she has der. Today, they are getting the chance Before today, 13 million minimum left us with the legacy of her beautifi- that everyone in this country de- wage workers did not have the chance cation of America. Through her dili- serves—the opportunity to build a bet- to share in that dream. gent efforts, Mrs. Johnson was not only ter life. Before today, 4 million Latinos and an advocate for the natural beauty of Now, $2.10 may not sound like much African Americans earned less than America but also of the beauty and to most Americans. But that small in- $7.25 an hour with no expectation that strength of its people. Sharon and I ex- crease will make a difference in the their wages would rise. tend our deepest sympathy to her pockets and in the lives of millions of Before today, nearly 7 million daughters Lynda and Luci, their fami- Americans. Those $2.10 add up to more women, who make up well over half of lies, her friends, and all of those whose than $4,400 more every year enough to minimum wage workers, would not lives have been touched by her life’s help a low-income family depending on have seen their wages increase. work. a minimum wage income to afford 2 And before today, a minimum wage As President Lyndon B. Johnson en- years of child care, a year and a half in earner with a family of three would be tered the White House in one of our Na- utility bills, or a year of tuition at a making $6,000 below the poverty level. tion’s most harrowing moments, Mrs. public college. Before today, that family would not I am also proud that my State of New Johnson stood by her husband with have a way out of poverty and into Jersey has not waited for Congress to poise and courage that helped comfort prosperity. do what is right. Instead, New Jersey a wounded nation. Her service to our We have changed the course, not just has taken it upon itself to increase the country would go even further as she for minimum wage workers but for our became a leading voice for preserving State minimum wage far in advance of Congress, which now is at $7.15 per country. We have finally taken steps and defending America’s natural re- toward providing greater equality and sources. Here in the Nation’s Capital, hour. New Jersey’s minimum wage has given more than a quarter million given our hardest workers and their people can’t help but be reminded of families the chance to earn a wage of Mrs. Johnson’s vigorous work to adorn workers the opportunity to build a bet- ter life for themselves and their fami- dignity and respect. Washington, DC, with flowers, giving A wage increase is only a downpay- us an aesthetic that all Americans lies. And today, all Americans earning ment on our promise to all Ameri- could take pride in and enjoy. minimum wage will have that same op- cans—it is a preview of what is to I have always shared Mrs. Johnson’s portunity to build a better life. In en- come. Democrats pledge to continue to deeply held love for the beauty of the acting the first minimum wage in- change the course to ensure all Ameri- United States, from the mountains of crease in over a decade, Congress took cans and their families have a fair shot West Virginia to the plains of Texas. It a critical first step towards correcting at achieving the American dream. was because of her commitment to the a grave injustice. For far too long, we Thank you. I yield the floor environment and the splendor of our have let some of our hardest working f country that the Beautification Act of employees—those who prepare our ADDITIONAL STATEMENTS 1965 was passed. She strove to line our food, clean our offices, treat us at the highways with wildflowers and still doctor, and guard our buildings at found time to enjoy walking through night—see their wages erode by 10 RECOGNIZING IRVIN L. TRUJILLO the national parks that she fought to years of inflation. ∑ Mr. DOMENICI. Mr. President, I wish protect. Ten years is far too long for those to recognize Mr. Irvin L. Trujillo for In addition to her work with the en- who work round the clock, hoping to vironment, I truly admire her efforts save a little extra for groceries, for receiving the National Endowment for to address poverty in the United those working so they can buy school the Arts National Heritage Fellowship States. Under President Johnson, the supplies or clothes for their children, Award. He is one of only 11 artists na- VISTA program was enacted, sending or for those saving so one day they can tionally recognized with this award for out volunteers to improve the condi- live in a place they are proud to call his work. The chairman of the NEA, tions of impoverished communities. I home. Dana Gioia, will personally deliver the can proudly say that as a VISTA volun- Today, we should also commit that award to Mr. Trujillo this Sunday in teer in Emmons, WV, I saw firsthand never again will we let this injustice Santa Fe. Mr. Trujillo, a Chimayo na- the immense benefits of this program persist for 10 years. The increase going tive, is part of the ever-growing popu- for participants and for the commu- into effect today is an important im- lation of talented artists that reside in nities they serve. provement, but it is not the end of the New Mexico. He is a seventh-genera- I will never forget her devotion to battle. An increase in the minimum tion Chimayo weaver. her husband, her family, and her coun- wage is only part of the solution. Art is such a big part of the New try. I will never forget her passion We cannot ignore that the income Mexican way of life. Artists from all fighting for civil rights and against gap has been widening—and now it has over the world dream of showcasing poverty. Nor will I ever forget her de- taken on a new twist. We no longer their art in one of the many New Mex- termination to leave a beautiful Amer- have inequality just between those liv- ico Art galleries. Art is a great outlet ica for future generations. ing comfortably and those struggling of creativity and emotion for those Lady Bird Johnson, again, held my to make ends meet. Income is now who experience its beauty and wonder. sincerest respect and appreciation. To more concentrated at the top than it Art can take up many avenues; it can her family and the people of Texas, I has been in the past 70 years. In fact, as be a painting or a piece of pottery, a offer my deepest sympathies. Mrs. the wealthiest 1 percent have seen woven rug or even a photograph. New Johnson was a valuable public servant, their income grow by 20 percent or Mexico is home to many galleries fea- an inspiration and a friend. More than more within the past few years, every- turing such pieces of art. I am proud to anything else, she was an irreplaceable one else has seen their income grow by represent a State so full of culture and First Lady. less than 4 percent. creativity.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9914 CONGRESSIONAL RECORD — SENATE July 25, 2007 I am proud to be from a State with and family owned for more than 140 enabling New England consumers to such a rich artistic culture. Taos and years has sponsored the Round-Up both enjoy fresh, locally grown, and healthy Santa Fe are famous for their world-re- financially and with merchandise for as tomatoes on a year-round basis. Lo- nowned art galleries. Other areas of the long as I can remember. A great deal of cated in Madison, Backyard Farms is a State also demonstrate creative ideas. credit for the continuing success of large-scale tomato producer that has The deep Native American culture of both the Round-Up and Woolen Mills is invested over $20 million into what is New Mexico’s tribes brings ornate tur- owed to the leadership and vision of now Maine’s largest building and one of quoise jewelry and handmade pottery. C.M. ‘‘Mort’’ Bishop, Jr. This remark- the world’s most technologically ad- Las Vegas and Ruidoso also have a vi- able Oregonian passed away on July 11 vanced facilities. brant art scene. New Mexico continues at the age of 82. I wish to pay tribute Backyard Farms, which operates the to be in the forefront of ever-evolving to his life and legacy. largest greenhouse in New England, art community. Mort was a proud member of what employs 115 hard-working individuals Congratulations again, Mr. Trujillo, has been termed the ‘‘greatest genera- who collectively yield an astonishing 1 on your prestigious award. Thank you tion’’ and, like so many of that genera- million tomatoes per week—which adds for your continued pledge to explore tion, he wore our country’s uniform up to 7,700 tons of tomatoes annually. and demonstrate your artistic abilities into battle during World War II. As a With New Englanders consuming an av- for all of us to enjoy.∑ U.S. marine, Mort served with the 5th erage of 300 million fresh tomatoes per f and 14th Battalions in the Pacific the- year, Backyard Farms has the poten- ater and participated in the liberation tial to capture an extensive share of RECOGNITION OF CHAIRMAN of Guam in July 1944. this market. Backyard Farms’ toma- ALLEN FOREMAN After returning home from the war, toes are certainly fresh, as it sells its ∑ Mr. SMITH. Mr. President, I wish to Mort joined the family business: Pen- product to stores less than 8 hours recognize the accomplishments of dleton Woolen Mills. Mort helped guide away. That means that tomatoes Chairman Allen Foreman, who has re- this iconic Oregon company for nearly picked one day are on store shelves all cently retired as chairman of the 50 years, eventually succeeding his fa- across Maine and New England the Klamath tribes in Klamath County, ther as company president. Most re- next. OR. cently, Mort served next to his brother, In addition to its magnificent toma- During Chairman Foreman’s 8-year ‘Brot,’ as co-vice chairman. toes, Backyard Farms is striving to tenure leading the tribe, he was instru- Even while managing a demanding make its facility a green—or energy ef- mental in furthering the goals and as- business, Mort always found time to ficient—building by using the most en- pirations of the Klamath tribal mem- give back to his community and his vironmentally friendly technology bers. His leadership and vision were State. From the Oregon Historical So- available. The 25-acre greenhouse uses critical in the development of the new ciety to the Boy Scouts of America, efficient technologies including rain- tribal headquarters in Chiloquin as from Willamette University to the Or- water reclamation, high-efficiency well as a new dental, medical clinic egon Wildlife Heritage Foundation and boilers, and thermal blankets to and pharmacy and the construction of the University of Oregon Foundation, produce juicy tomatoes. Furthermore, many new homes for tribal members. Mort generously gave his time, talent, Backyard Farms utilizes natural meth- Chairman Foreman has shown his and treasure to countless worthy ods to grow its wonderful produce. Bees dedication to the tribe and to the peo- causes. But let there be no doubt, the take care of the pollination, and toma- ple of Klamath County in many ways. cause held closest to Mort’s heart was toes are kept healthy by implementing His focus on rural economic develop- the Pendleton Round Up. I knew that biological controls, such as parasitic ment and his respect for our natural every September I could count on see- wraps and ladybugs, rather than pes- resources have earned him high respect ing Mort and his wonderful family en- ticides and fungicides. The work of in the community. Chairman Foreman joying the nearly 100-year-old rodeo. those at Backyard Farms proves that is known as a man who can be trusted Mort also held a close friendship with conservation does not necessarily have and a man who will work with anyone the Confederated Tribes of the to hinder effectiveness and efficiency. to accomplish a common goal for the Umatilla Indian Reservation, who have Backyard Farms prides itself on the good of the community. His devotion played an integral role in the annual quality of its product. On each box of to the Klamath tribes is evident in the Round-Up. Indeed, the design inspira- tomatoes shipped to local stores, it is fact that while he has recently retired tions for Pendleton Woolen Mills blan- written, ‘‘wicked good tomatoes from as chairman of the tribes, he will re- kets originate on the Umatilla reserva- right nearby.’’ This motto emphasizes main a member of the Tribal Council tion. In 2001, Mort was honored as the Backyard Farms’ local nature and its at large to continue his service to the grand marshall for the Round-Up’s commitment to the community tribes. Westward Ho! Parade. The Umatilla through its highly sustainable business Mr. President, I am extremely proud and Nez Perce Indian tribes have also practices. Backyard Farms plans to of the successes being exhibited by the honored him with the Indian name build 3 to 4 additional greenhouses on Klamath tribes and I have thoroughly ‘‘Caacaa Kuta,’’ which means ‘‘just at least 17 more acres. This would enjoyed working with Chairman Fore- right doer of things.’’ And just 2 allow Backyard Farms to increase its man. The Klamath tribes have a saying months ago, Mort was inducted into produce output to include cucumbers, that proclaims, ‘‘The Klamath Tribes. the Pendleton Round-Up Hall of Fame. peppers, eggplant, and culinary herbs. . . . Respecting the Past. . . . Living Mr. President, I am proud to have Such an expansion would have an im- the Present. . . . And Together we can had Mort Bishop as a friend. I join with mensely positive impact on the Maine work to build a brighter future!’’ many other Oregonians in extending economy by adding as many as 200 new Chairman Allen Foreman has epito- our condolences to Mort’s family. Mort employees. I look forward to the mized this mantra, and I am confident is survived by four children, nine groundbreaking for this expansion, that his successor, Chairman Joseph grandchildren, two great-grand- scheduled to occur later this month. Kirk, will follow in his footsteps and children, and his brother- and sister-in- It is particularly inspirational that follow the path laid out by their Klam- law. As long as there is a Pendleton Backyard Farms has proven that a re- ath tribes forefathers.∑ Round-Up and as long as there is a gion known for its cooler temperatures f Pendleton Woolen Mills, Mort Bishop, and short growing season can in fact Jr., will always be remembered as a expand its agricultural production by TRIBUTE TO MORT BISHOP, JR. ‘‘just right doer of things.’’∑ combining advanced technologies with ∑ Mr. SMITH. Mr. President, as a na- f an innovative entrepreneurial spirit. tive and resident of Pendleton, OR, I Backyard Farms provides us with a have enjoyed a lifelong affection for HONORING BACKYARD FARMS paragon of smart economic develop- the Pendleton Round-Up, which is ∑ Ms. SNOWE. Mr. President, I wish to ment. I commend chief executive offi- quite simply America’s finest rodeo. celebrate an exceptional small business cer Peter Sellew, cofounder Arie van Pendleton Woolen Mills locally based from my home State of Maine that is der Giessen, and all of the employees of

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9915 Backyard Farm and wish them contin- Mr. Hanrahan, one of its reading sion, transmitting, pursuant to law, the re- ued success and prosperity in the fu- clerks, announced that the House has port of a rule entitled ‘‘Sunset of the Cel- ture.∑ passed the following bill, in which it lular Radiotelephone Service Analog Service requests the concurrence of the Senate: Requirement and Related Matters’’ (FCC 07- f 103) received on July 24, 2007; to the Com- RECOGNIZING ZACHARY WEBB H.R. 3074. An act making appropriations mittee on Commerce, Science, and Transpor- for the Departments of Transportation, and tation. ∑ Mr. THUNE. Mr. President, today I Housing and Urban Development, and related EC–2694. A communication from the Chief agencies for the fiscal year ending Sep- recognize Zachary Webb, an intern in of Staff, Media Bureau, Federal Communica- tember 30, 2008, and for other purposes. my Rapid City, SD, office, for all of the tions Commission, transmitting, pursuant to hard work he has done for me, my f law, the report of a rule entitled ‘‘Amend- staff, and the State of South Dakota ment of Section 73.202(b), Table of Allot- MEASURES REFERRED over the past several weeks. ments, FM Broadcast Stations; Redding, Zack is currently a student at El The following bill was read, and re- Cottonwood, and Shasta Lake, California’’ Segundo High School in El Segundo, ferred as indicated: (MB Docket No. 05-131) received on July 24, 2007; to the Committee on Commerce, CA. He is a hard worker who has been H.R. 835. An act to reauthorize the pro- Science, and Transportation. dedicated to getting the most out of grams of the Department of Housing and his internship experience. Urban Development for housing assistance EC–2695. A communication from the Chief of Staff, Media Bureau, Federal Communica- I would like to extend my sincere for Native Hawaiians; to the Committee on Banking, Housing, and Urban Affairs pursu- tions Commission, transmitting, pursuant to thanks and appreciation to Zack for all ant to the order of May 27, 1988, for a period law, the report of a rule entitled ‘‘Amend- of the fine work he has done and wish not to exceed 60 days. ment of Section 73.202(b), Table of Allot- him continued success in the years to ments, FM Broadcast Stations; Akron, Colo- come.∑ f rado’’ (MB Docket No. 05-102) received on July 24, 2007; to the Committee on Com- f MEASURES PLACED ON THE CALENDAR merce, Science, and Transportation. MESSAGES FROM THE PRESIDENT EC–2696. A communication from the Chief The following bill was read the first of Staff, Media Bureau, Federal Communica- Messages from the President of the and second times by unanimous con- United States were communicated to tions Commission, transmitting, pursuant to sent, and placed on the calendar: law, the report of a rule entitled ‘‘Amend- the Senate by Mr. Williams, one of his ment of Section 73.202(b), Table of Allot- secretaries. H.R. 3074. An act making appropriations for the Departments of Transportation, and ments, FM Broadcast Stations; Llano, Junc- f Housing and Urban Development, and related tion and Goldthwaite, Texas’’ (MB Docket No. 05-151) received on July 24, 2007; to the EXECUTIVE MESSAGES REFERRED agencies for the fiscal year ending Sep- tember 30, 2008, and for other purposes. Committee on Commerce, Science, and As in executive session the Presiding Transportation. f Officer laid before the Senate messages EC–2697. A communication from the Chief from the President of the United EXECUTIVE AND OTHER of the Policy Division, Public Safety and States submitting sundry nominations COMMUNICATIONS Homeland Security Bureau, Federal Commu- nications Commission, transmitting, pursu- which were referred to the appropriate The following communications were committees. ant to law, the report of a rule entitled ‘‘Re- laid before the Senate, together with view of the Emergency Alert System’’ ((FCC (The nominations received today are accompanying papers, reports, and doc- 07-109)(EB Docket No. 04-296)) received on printed at the end of the Senate pro- uments, and were referred as indicated: July 24, 2007; to the Committee on Com- ceedings.) EC–2689. A communication from the Prin- merce, Science, and Transportation. f cipal Deputy Associate Administrator, Office EC–2698. A communication from the Prin- MESSAGES FROM THE HOUSE of Policy, Economics and Innovation, Envi- cipal Deputy Associate Administrator, Office ronmental Protection Agency, transmitting, of Policy, Economics and Innovation, Envi- pursuant to law, the report of a rule entitled ronmental Protection Agency, transmitting, ‘‘Bacillus Thuringiensis Vip3Aa19 Protein in pursuant to law, the report of a rule entitled ENROLLED JOINT RESOLUTION Cotton; Exemption from the Requirements of ‘‘Approval and Promulgation of Air Quality SIGNED a Tolerance; Technical Amendment’’ (FRL Implementation Plans; Pennsylvania; Redes- At 10:15 a.m., a message from the No. 8134-3) received on July 24, 2007; to the ignation of the Harrisburg-Lebanon-Carlisle House of Representatives, delivered by Committee on Agriculture, Nutrition, and Ozone Nonattainment Area to Attainment Ms. Niland, one of its reading clerks, Forestry. and Approval of the Area’s Maintenance EC–2690. A communication from the Sec- Plan and 2002 Base Year Inventory’’ (FRL announced that the Speaker has signed retary of the Treasury, transmitting, pursu- No. 8445-7) received on July 24, 2007; to the the following enrolled joint resolution: ant to law, a six-month periodic report on Committee on Environment and Public H.J. Res. 44. Joint resolution approving the the national emergency with respect to ter- Works. renewal of import restrictions contained in rorists who threaten to disrupt the Middle EC–2699. A communication from the Chief the Burmese Freedom and Democracy Act of East peace process; to the Committee on of the Publications and Regulations Branch, 2003, and for other purposes. Banking, Housing, and Urban Affairs. Internal Revenue Service, Department of the EC–2691. A communication from the Chief Treasury, transmitting, pursuant to law, the At 12:21 p.m., a message from the of Staff, Media Bureau, Federal Communica- report of a rule entitled ‘‘Agent for a Con- House of Representatives, delivered by tions Commission, transmitting, pursuant to solidated Group with Foreign Common Par- Ms. Niland, one of its reading clerks, law, the report of a rule entitled ‘‘In the ent’’ ((RIN1545-BF30)(TD 9343)) received on announced that the House has passed Matter of Amendment of Sections 73.62 and July 24, 2007; to the Committee on Finance. 73.1350 of the Commission’s Rules’’ ((FCC 07- EC–2700. A communication from the Staff the following bill, without amendment: 97)(MB Docket No. 03-151)) received on July Director, United States Commission on Civil S. 1868. An act to temporarily extend the 24, 2007; to the Committee on Commerce, Rights, transmitting, pursuant to law, the programs under the Higher Education Act of Science, and Transportation. report of the appointment of members to the 1965, and for other purposes. EC–2692. A communication from the Chief, Hawaii Advisory Committee; to the Com- Policy and Rules Division, Federal Commu- The message also announced that the mittee on the Judiciary. nications Commission, transmitting, pursu- House has agreed to the following con- EC–2701. A communication from the Staff current resolution, in which it requests ant to law, the report of a rule entitled ‘‘Wireless Operations in the 3650–3700 MHz Director, United States Commission on Civil the concurrence of the Senate: Band; Rules for Wireless Broadband Services Rights, transmitting, pursuant to law, the H. Con. Res. 190. Concurrent resolution au- in the 3650–3700 MHz Band; Additional Spec- report of the appointment of members to the thorizing printing of the brochure entitled trum for Unlicensed Devices Below 900 MHz Indiana Advisory Committee; to the Com- ‘‘How Our Laws Are Made’’, the document- and in the 3 GHz Band’’ ((FCC 07-99)(ET mittee on the Judiciary. sized, annotated version of the United States Docket No. 04-151)) received on July 24, 2007; EC–2702. A communication from the Staff Constitution, and the pocket version of the to the Committee on Commerce, Science, Director, United States Commission on Civil United States Constitution. and Transportation. Rights, transmitting, pursuant to law, the EC–2693. A communication from the Acting report of the appointment of members to the At 3:56 p.m., a message from the Legal Advisor, Wireless Telecommunications Pennsylvania Advisory Committee; to the House of Representatives, delivered by Bureau, Federal Communications Commis- Committee on the Judiciary.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9916 CONGRESSIONAL RECORD — SENATE July 25, 2007 REPORTS OF COMMITTEES S. 1871. A bill to provide for special trans- S. 453 fers of funds to States to promote certain At the request of Mr. OBAMA, the The following reports of committees improvements in State unemployment com- were submitted: name of the Senator from Oregon (Mr. pensation laws; to the Committee on Fi- WYDEN) was added as a cosponsor of S. By Mr. BIDEN, from the Committee on nance. 453, a bill to prohibit deceptive prac- Foreign Relations, with an amendment: By Mr. DURBIN (for himself and Mr. tices in Federal elections. S. 1698. A bill to provide that no funds ap- BROWN): propriated or otherwise made available by S. 1872. A bill to amend the Farm Security S. 507 any Act for contributions for international and Rural Investment Act of 2002 to make At the request of Mr. CONRAD, the organizations may be made available to sup- revenue counter-cyclical payments available name of the Senator from Colorado port the United Nations Human Rights Coun- to producers on a farm to ensure that the (Mr. SALAZAR) was added as a cospon- cil (Rept. No. 110–137). producers at least receive a minimum level sor of S. 507, a bill to amend title XVIII of revenue from the production of a covered f of the Social Security Act to provide commodity, and for other purposes; to the for reimbursement of certified midwife EXECUTIVE REPORTS OF Committee on Agriculture, Nutrition, and services and to provide for more equi- COMMITTEES Forestry. By Mr. OBAMA: table reimbursement rates for certified The following executive reports of S. 1873. A bill to amend the Public Health nurse-midwife services. nominations were submitted: Service Act to establish demonstration pro- S. 543 By Mr. BINGAMAN for the Committee on grams on regionalized systems for emer- At the request of Mr. NELSON of Ne- Energy and Natural Resources. gency care, to support emergency medicine braska, the name of the Senator from *Brent T. Wahlquist, of Pennsylvania, to research, and for other purposes; to the Com- Virginia (Mr. WEBB) was added as a co- be Director of the Office of Surface Mining mittee on Health, Education, Labor, and sponsor of S. 543, a bill to improve Reclamation and Enforcement. Pensions. Medicare beneficiary access by extend- By Ms. LANDRIEU (for herself, Mr. *James L. Caswell, of Idaho, to be Director ing the 60 percent compliance thresh- of the Bureau of Land Management. GRAHAM, Mrs. LINCOLN, and Mr. WAR- *Lisa E. Epifani, of Texas, to be an Assist- NER): old used to determine whether a hos- ant Secretary of Energy (Congressional and S. 1874. A bill to provide for efficient con- pital or unit of a hospital is an inpa- Intergovernmental Affairs). tainment and management of climate tient rehabilitation facility under the *Kevin M. Kolevar, of Michigan, to be an change costs; to the Committee on Environ- Medicare program. Assistant Secretary of Energy (Electricity ment and Public Works. S. 557 By Mr. DEMINT: Delivery and Energy Reliability). At the request of Mr. SCHUMER, the S. 1875. A bill to amend the Internal Rev- *Clarence H. Albright, of South Carolina, name of the Senator from Indiana (Mr. to be Under Secretary of Energy. enue Code of 1986 to provide a refundable and BAYH) was added as a cosponsor of S. By Mr. KENNEDY for the Committee on advanceable credit for health insurance, to Health, Education, Labor, and Pensions. amend the Social Security Act to provide for 557, a bill to amend the Internal Rev- *David C. Geary, of Missouri, to be a Mem- improved private health insurance access enue Code of 1986 to make permanent ber of the Board of Directors of the National and affordability, to amend the Internal Rev- the depreciation classification of mo- Board for Education Sciences for a term ex- enue Code of 1986 to repeal the alternative torsports entertainment complexes. piring November 28, 2010. minimum tax, and for other purposes; to the S. 597 Committee on Finance. *Miguel Campaneria, of Puerto Rico, to be At the request of Mrs. FEINSTEIN, the By Mr. BIDEN: a Member of the National Council on the name of the Senator from Rhode Island Arts for a term expiring September 3, 2012. S. 1876. A bill to prohibit extraterritorial (Mr. WHITEHOUSE) was added as a co- *Diane Auer Jones, of Maryland, to be As- detention and rendition, except under lim- sistant Secretary for Postsecondary Edu- ited circumstances, to modify the definition sponsor of S. 597, a bill to extend the cation, Department of Education. of ‘‘unlawful enemy combatant’’ for purposes special postage stamp for breast cancer of military commissions, to extend statutory research for 2 years. *Nomination was reported with rec- habeas corpus to detainees, and for other ommendation that it be confirmed sub- S. 656 purposes; to the Committee on the Judici- At the request of Mr. REED, the name ject to the nominee’s commitment to ary. of the Senator from Minnesota (Mr. respond to requests to appear and tes- By Mr. INHOFE: COLEMAN) was added as a cosponsor of tify before any duly constituted com- S. 1877. A bill to amend title 4, United S. 656, a bill to provide for the adjust- mittee of the Senate. States Code, to prescibe that members of the Armed Forces and veterans out of uniform ment of status of certain nationals of f may render the miltary salute during hoist- Liberia to that of lawful permanent INTRODUCTION OF BILLS AND ing, lowering, or passing of flag; considered residence. JOINT RESOLUTIONS and passed. S. 803 By Mr. WEBB (for himself and Mr. At the request of Mr. ROCKEFELLER, The following bills and joint resolu- WARNER): the name of the Senator from New tions were introduced, read the first S. 1878. A bill to authorize grants for con- York (Mr. SCHUMER) was added as a co- and second times by unanimous con- tributions toward the establishment of the sponsor of S. 803, a bill to repeal a pro- sent, and referred as indicated: Woodrow Wilson Presidential Library; to the Committee on Homeland Security and Gov- vision enacted to end Federal matching By Mr. ENSIGN: ernmental Affairs. of State spending of child support in- S. 1869. A bill to amend the Help America centive payments. Vote Act of 2002 to require new voting sys- f S. 969 tems to provide a voter-verified permanent ADDITIONAL COSPONSORS record, to develop better accessible voting At the request of Mr. DODD, the name machines for individuals with disabilities, S. 65 of the Senator from Missouri (Mrs. and for other purposes; to the Committee on At the request of Mr. CASEY, his MCCASKILL) was added as a cosponsor Rules and Administration. name was added as a cosponsor of S. 65, of S. 969, a bill to amend the National By Mr. FEINGOLD (for himself, Mr. a bill to modify the age-60 standard for Labor Relations Act to modify the defi- LAUTENBERG, Mr. LEVIN, Mr. KERRY, certain pilots and for other purposes. nition of supervisor. Mr. LIEBERMAN, Mrs. BOXER, Mr. At the request of Mr. INHOFE, the S. 1373 MENENDEZ, Mr. SANDERS, Mr. CARDIN, names of the Senator from Georgia Mr. DURBIN, Mr. REED, Mr. DODD, Mr. At the request of Mr. PRYOR, the (Mr. CHAMBLISS) and the Senator from KOHL, Mr. WHITEHOUSE, Ms. STABE- name of the Senator from Tennessee NOW, Mr. CARPER, Mr. WYDEN, Mr. New York (Mr. SCHUMER) were added as (Mr. ALEXANDER) was added as a co- LEAHY, Mr. BROWN, and Mr. SCHU- cosponsors of S. 65, supra. sponsor of S. 1373, a bill to provide MER): S. 340 grants and loan guarantees for the de- S. 1870. A bill to amend the Federal Water At the request of Mrs. FEINSTEIN, the velopment and construction of science Pollution Control Act to clarify the jurisdic- name of the Senator from Delaware parks to promote the clustering of in- tion of the United States over waters of the (Mr. BIDEN) was added as a cosponsor of novation through high technology ac- United States; to the Committee on Environ- ment and Public Works. S. 340, a bill to improve agricultural tivities. By Mr. KENNEDY (for himself, Ms. job opportunities, benefits, and secu- S. 1374 SNOWE, Mr. ROCKEFELLER, Mr. WAR- rity for aliens in the United States and At the request of Mr. CASEY, the NER, and Ms. CANTWELL): for other purposes. name of the Senator from Rhode Island

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9917 (Mr. WHITEHOUSE) was added as a co- BAYH) was added as a cosponsor of S. AMENDMENT NO. 2398 sponsor of S. 1374, a bill to assist States 1738, a bill to establish a Special Coun- At the request of Mrs. CLINTON, the in making voluntary high quality full- sel for Child Exploitation Prevention names of the Senator from Maine (Ms. day prekindergarten programs avail- and Interdiction within the Office of COLLINS), the Senator from Massachu- able and economically affordable for the Deputy Attorney General, to im- setts (Mr. KERRY) and the Senator from the families of all children for at least prove the Internet Crimes Against Maryland (Ms. MIKULSKI) were added as 1 year preceding kindergarten. Children Task Force, to increase re- cosponsors of amendment No. 2398 in- S. 1406 sources for regional computer forensic tended to be proposed to H.R. 2638, a bill making appropriations for the De- At the request of Mr. KERRY, the labs, and to make other improvements names of the Senator from Pennsyl- to increase the ability of law enforce- partment of Homeland Security for the fiscal year ending September 30, 2008, vania (Mr. CASEY) and the Senator ment agencies to investigate and pros- and for other purposes. from New Jersey (Mr. MENENDEZ) were ecute predators. added as cosponsors of S. 1406, a bill to S. 1849 f amend the Marine Mammal Protection At the request of Mr. SMITH, the STATEMENTS ON INTRODUCED Act of 1972 to strengthen polar bear names of the Senator from North Da- BILLS AND JOINT RESOLUTIONS kota (Mr. DORGAN) and the Senator conservation efforts, and for other pur- By Mr. ENSIGN: poses. from Montana (Mr. TESTER) were added as cosponsors of S. 1849, a bill to amend S. 1869. A bill to amend the Help S. 1494 the Internal Revenue Code of 1986 to America Vote Act of 2002 to require At the request of Mr. DOMENICI, the clarify that wages paid to unauthorized new voting systems to provide a voter- name of the Senator from Minnesota aliens may not be deducted from gross verified permanent record, to develop (Mr. COLEMAN) was added as a cospon- income, and for other purposes. better accessible voting machines for sor of S. 1494, a bill to amend the Pub- S. RES. 118 individuals with disabilities, and for lic Health Service Act to reauthorize At the request of Mr. LEVIN, the other purposes; to the Committee on the special diabetes programs for Type names of the Senator from Wisconsin Rules and Administration. I diabetes and Indians under that Act. Mr. ENSIGN. Mr. President, in the (Mr. FEINGOLD) and the Senator from November 2004 elections, Nevadans en- S. 1603 New Jersey (Mr. MENENDEZ) were added At the request of Mr. MENENDEZ, the as cosponsors of S. Res. 118, a resolu- tered a new frontier for casting their name of the Senator from Pennsyl- tion urging the Government of Canada votes. We became the first State in the vania (Mr. SPECTER) was added as a co- to end the commercial seal hunt. Nation to require that voter-verified paper audit trail printers be used with sponsor of S. 1603, a bill to authorize S. RES. 276 Congress to award a gold medal to touch-screen voting machines. At the request of Mr. LUGAR, the Despite what critics of these ma- Jerry Lewis, in recognition of his out- names of the Senator from North Caro- standing service to the Nation. chines might tell you, Nevada’s elec- lina (Mr. BURR), the Senator from Min- tions were a success. The machines S. 1682 nesota (Mr. COLEMAN), the Senator worked well and were well-received by At the request of Ms. SNOWE, the from Oregon (Mr. SMITH) and the Sen- voters. During a post-election audit, name of the Senator from South Da- ator from Maine (Ms. COLLINS) were Nevada compared 60,000 electronic bal- kota (Mr. JOHNSON) was added as a co- added as cosponsors of S. Res. 276, a lots with their corresponding voter- sponsor of S. 1682, a bill to amend title resolution calling for the urgent de- verified paper record and found that 10, United States Code, to improve the ployment of a robust and effective mul- they matched with 100 percent consist- management of medical care for mem- tinational peacekeeping mission with ency. As a result, all Nevadans who bers of the Armed Forces, to improve sufficient size, resources, leadership, used these machines can be confident the speed and efficiency of the physical and mandate to protect civilians in that their votes were counted accu- disability evaluation system of the De- Darfur, Sudan, and for efforts to rately. partment of Defense, and for other pur- strengthen the renewal of a just and in- I understand better than most the poses. clusive peace process. importance of the integrity of the bal- At the request of Mr. BIDEN, the S. 1716 lot box. I was at the mercy of a names of the Senator from Indiana At the request of Mr. THUNE, the paperless-machine election in my 1998 (Mr. BAYH), the Senator from Ohio (Mr. names of the Senator from Montana race for the U.S. Senate. When the VOINOVICH), the Senator from Con- (Mr. TESTER), the Senator from Ne- votes were tallied with a difference of necticut (Mr. LIEBERMAN) and the Sen- braska (Mr. HAGEL), the Senator from only a few hundred, I asked for a re- ator from Rhode Island (Mr. WHITE- Wyoming (Mr. BARRASSO), the Senator count in Clark County, the only county HOUSE) were added as cosponsors of S. at the time using electronic voting ma- from Wyoming (Mr. ENZI) and the Sen- Res. 276, supra. ator from Oklahoma (Mr. INHOFE) were chines. The result of the recount was AMENDMENT NO. 2049 added as cosponsors of S. 1716, a bill to identical to the first count. That is be- At the request of Mr. CHAMBLISS, the amend the U.S. Troop Readiness, Vet- cause there was nothing to recount. name of the Senator from Arkansas erans’ Care, Katrina Recovery and Iraq After rerunning a computer program, (Mrs. LINCOLN) was added as a cospon- Accountability Appropriations Act, the computer predictably produced the sor of amendment No. 2049 intended to same exact tally. 2007, to strike a requirement relating be proposed to H.R. 1585, to authorize to forage producers. I conceded that race and was elected appropriations for fiscal year 2008 for to Nevada’s other Senate seat in 2000. S. 1718 military activities of the Department But that experience made me realize At the request of Mr. BROWN, the of Defense, for military construction, the importance of ensuring Americans name of the Senator from Washington and for defense activities of the De- that their votes will count, it is abso- (Mrs. MURRAY) was added as a cospon- partment of Energy, to prescribe mili- lutely fundamental to our democracy. sor of S. 1718, a bill to amend the tary personnel strengths for such fiscal That is why I led the fight for voter Servicemembers Civil Relief Act to year, and for other purposes. verification paper trails in the Help provide for reimbursement to AMENDMENT NO. 2395 America Vote Act, known as HAVA, servicemembers of tuition for pro- At the request of Mr. HAGEL, the which President Bush signed into law grams of education interrupted by names of the Senator from Wisconsin in 2002. When Congress passed HAVA, military service, for deferment of stu- (Mr. FEINGOLD) and the Senator from we expressed our commitment to the dents loans and reduced interest rates New York (Mrs. CLINTON) were added as principle of ‘‘one person, one vote.’’ for servicemembers during periods of cosponsors of amendment No. 2395 in- One important component of HAVA military service, and for other pur- tended to be proposed to H.R. 2638, a provided States with funds to replace poses. bill making appropriations for the De- aging voting machines which had a S. 1738 partment of Homeland Security for the tendency to malfunction. A voting ma- At the request of Mr. BIDEN, the fiscal year ending September 30, 2008, chine that fails to record a vote prop- name of the Senator from Indiana (Mr. and for other purposes. erly affects voters in the same way as

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9918 CONGRESSIONAL RECORD — SENATE July 25, 2007 if the voters were denied access to the KOHL, Mr. WHITEHOUSE, Ms. ited the authority of Federal agencies voting booth. Either way their vote is STABENOW, Mr. CARPER, Mr. to extend Clean Water Act protections not counted. WYDEN, Mr. LEAHY, Mr. BROWN, to commercially nonnavigable, intra- Despite these gains, HAVA falls short and Mr. SCHUMER): state, ‘‘isolated’’ waters based solely in one critical area. It does not require S. 1870. A bill to amend the Federal on their use by migratory birds. While that electronic voting machines Water Pollution Control Act to clarify the Court’s decision was narrow, the ef- produce a paper trail of each ballot. A the jurisdiction of the United States fect of the decision has been much voter-verified paper trail would allow over waters of the United States; to broader: for example, according to the voters to review a physical printout of the Committee on Environment and Environmental Protection Agency, 20 their ballot and correct any errors be- Public Works. percent of the Nation’s wetlands out- fore leaving the voting booth. This Mr. FEINGOLD. Mr. President, in side Alaska are now at risk of losing printout would be preserved at the light of recent U.S. Supreme Court de- Federal protections. polling place for use in any recounts. cisions, today I am introducing legisla- Last June, the U.S. Supreme Court This is exactly what Nevadans experi- tion to affirm Federal jurisdiction over announced a sharply divided decision enced when they voted in November. the waters of the U.S. as Congress in- in the consolidated cases of Rapanos v. This technology is important. tended when it passed the Clean Water United States and Carabell v. Army It increases voter confidence. With Act in 1972. I want to thank Senators Corps of Engineers that jeopardizes the close elections America has seen LAUTENBERG, LEVIN, KERRY, LIEBER- many more of our Nation’s waters. recently, it is important that each MAN, BOXER, MENENDEZ, SANDERS, Four justices joined an opinion that American trust the outcome of our CARDIN, DURBIN, REED, DODD, KOHL, said only permanent or ‘‘continuously elections. Machines that allow voters WHITEHOUSE, STABENOW, CARPER, flowing’’ rivers and streams and by im- to review a separate paper record of WYDEN, LEAHY, BROWN, and SCHUMER plication, the wetlands next to them their ballots give voters confidence for joining me in introducing this im- are protected by the Clean Water Act, that their votes have been cast and will portant legislation. ignoring the act’s text and purpose. be counted accurately. For 35 years, the American people This line of reasoning would leave Paper-trail technology ensures that have relied upon the Clean Water Act more than half of our Nation’s waters no votes will be lost if a voting ma- to protect and restore the health of the without Federal protections. To put chine fails. The paper record can be Nation’s waters. The primary goal of these bodies of water into perspective, used as the ballot of record if a ma- the act, to make rivers, streams, wet- according to the Environmental Pro- chine malfunctions and fails to record lands, lakes, and coastal waters safe tection Agency, 110 million Americans the votes that were cast prior to a ma- for fishing, swimming and other recre- get their drinking water from sources chine failing. This technology also ation, suitable for our drinking water that include the very intermittent and gives State election officials a nec- supply, and available for wildlife and ephemeral bodies of water that the four essary backup to verify results. Ne- fish habitat, has broad public support justices said were not protected by the vada’s post-election audit ensures that not only as a worthy endeavor but also Clean Water Act. each machine operated properly. This as a fundamental expectation of gov- Fortunately, five Justices rejected type of audit guarantees accuracy in a ernment providing for its citizens. It is this radical rewrite of the act. How- way that cannot be guaranteed other- our responsibility to ensure that our ever, Justice Kennedy, who provided wise. freshwater resources are able to en- the fifth vote to send the cases back to Unfortunately, the language that is hance human health, contribute to the the lower courts, offered an entirely contained in HAVA has not resolved economy, and help the environment. different test; one requiring EPA and this issue for most other States. Now, I We have made considerable progress the corps to show a ‘‘significant nexus’’ am working to ensure voting integrity towards ensuring the Nation’s waters between a stream, river, or wetland across the country. In introducing the are drinkable, fishable, and swim- and a navigable water in order for the Voting Integrity and Verification Act, mable. However, today, the Clean stream, river, or wetland to be pro- I want to ensure that HAVA is clear— Water Act, one of our Nation’s bedrock tected. At best, this test is confusing, voters must be assured that their votes environmental laws, faces new and un- will be resource-intensive to imple- will be accurate and will be counted precedented challenges. ment, and is likely to result in many properly. My bill requires that all vot- Two controversial, closely divided waters Congress always included under ing systems purchased after December U.S. Supreme Court rulings have re- the Clean Water Act being left unpro- 31, 2012 have an individual permanent duced the jurisdictional scope of the tected from pollution. paper record for each ballot cast. Clean Water Act, undermining decades Fortunately, an unprecedented array Additionally, this bill will help to ad- of clean water protections and dis- of local, State, regional, and national vance technology for persons with dis- regarding Congress’ intent when it officials, professional organizations, abilities to ensure that disabled voters originally passed the Clean Water Act. and public interest groups from across enjoy the same independence when ex- At the heart of the issue is the statu- the country and the political spectrum ercising their right to vote as non-dis- tory definition of ‘‘waters of the United have joined in the defense of the Clean abled voters enjoy. States.’’ Though recent court decisions Water Act. The unparalleled collection Technology has transformed the way have focused on dredge and fill permits of interested parties includes the attor- we do many things, including voting. under section 404, this definition is in- neys general of 33 States plus the Dis- But we cannot simply sit on the side- tegral to the Federal Government’s ju- trict of Columbia; four former Admin- lines and assume that our democracy risdiction under the Clean Water Act istrators of the Environmental Protec- will withstand such changes. Our con- as a whole. This definition is the tion Agency, Russell Train, Douglas tinued work to ensure that each vote linchpin for state water quality stand- Costle, William Reilly, and Carol counts here in the U.S. underscores the ards under section 302 and section 303, Browner; 9 current and former mem- idea that we must always be vigilant in national performance standards under bers of the U.S. Senate and U.S. House protecting democracy, whether it is section 306, toxic and pretreatment of Representatives who were directly brand new or more than 200 years old. standards under section 307, oil and involved in the passage of the 1972 act The Voting Integrity and Verification hazardous substance liability under and its reaffirmation in 1977; the Asso- Act protects democracy by protecting section 311, aquaculture standards ciation of State Wetlands Managers, the sanctity of our vote. under section 318, State water quality the Association of State Floodplain certifications under section 401, and Managers, the Association of State and By Mr. FEINGOLD (for himself, national pollution discharge permit- Interstate Water Pollution Control Ad- Mr. LAUTENBERG, Mr. LEVIN, ting requirements under section 402. ministrators, and the Association of Mr. KERRY, Mr. LIEBERMAN, In the 2001 case Solid Waste Agency Fish and Wildlife Agencies; numerous Mrs. BOXER, Mr. MENENDEZ, Mr. of Northern Cook County v. Army hunting, fishing, wildlife and outdoor SANDERS, Mr. CARDIN, Mr. DUR- Corps of Engineers, SWANCC, in a 5 to recreation organizations and busi- BIN, Mr. REED, Mr. DODD, Mr. 4 decision, the U.S. Supreme Court lim- nesses, including Ducks Unlimited, the

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9919 National Wildlife Federation, Trout pollutants into waters. Complying with Congress must provide the needed Unlimited, the American Sportsfishing the Clean Water Act requires following leadership to clarify the intent of the Association, Bass Pro Shops, the Orvis a process that seeks to evaluate pro- Clean Water Act. Such action must en- Company, and the Wildlife Manage- posed activities and minimize impacts sure that all waters of the U.S., waters ment Institute, among others; and a by ensuring certain pollution standards that are valuable for drinking, fishing, number of local, regional, and national or environmental criteria are met. The swimming, and a host of other eco- environmental groups. All of these in- vast majority of permit requests are nomically vital uses, not just naviga- terests filed briefs in the most recent granted, and most are granted through bility, remain protected. After decades Supreme Court case, expressing strong expedited ‘‘general’’ permits rather of progress, now is not the time to turn support of the Clean Water Act’s core than individual permits that require back the clock. I hope my colleagues safeguard: the requirement to obtain a site-specific determinations. will join me in reaffirming an impor- permit before discharging pollutants The bill does not change the existing tant clean water pledge to the America into waters of the U.S. permitting process. Rather, the bill people. With such strong support for the will provide much-needed clarity. The I ask unanimous consent that the Clean Water Act, which is grounded in Supreme Court decisions have caused a text of the bill be printed in the the language, history, and purpose of lot of confusion, and the Corps of Engi- RECORD. the law itself, I hope that my col- neers nationally has around 20,000 ju- There being no objection, the text of leagues will join me in reaffirming risdictional determinations pending. the bill was ordered to be printed in Federal protections for streams, head- The regulated community, as well as the RECORD, as follows: waters, tributaries, and wetlands that state and federal agencies, will once S. 1870 have long been covered by the act. again have a clear understanding that Be it enacted by the Senate and House of Rep- The issue before us is simple: Does resentatives of the United States of America in Clean Water Act protections extend to Congress assembled, Congress support restoring historic the same waters covered by the act for SECTION 1. SHORT TITLE. clean water protections as they existed over thirty years. This Act may be cited as the ‘‘Clean Water for nearly 30 years prior to the Su- The bill does not change the EPA and Restoration Act of 2007’’. preme Court cases? If so, Congress Corps’ existing regulations or any as- SEC. 2. PURPOSES. must act. In 1972, Congress established pect of the regulatory programs, in The purposes of this Act are as follows: protections for all ‘‘waters of the fact, as stated above, the bill defines (1) To reaffirm the original intent of Con- United States’’ and I am pleased to waters of the U.S. based on the regula- gress in enacting the Federal Water Pollu- lead the charge in the Senate to reaf- tions that have been in place since the tion Control Act Amendments of 1972 (86 firm those protections. early 1970s. Stat. 816) to restore and maintain the chem- The Clean Water Restoration Act The bill does not change the activi- ical, physical, and biological integrity of the waters of the United States. would reestablish protection for all ties that are regulated. This means it (2) To clearly define the waters of the waters historically covered by the does not change or overrule current ex- United States that are subject to the Federal Clean Water Act, prior to the SWANCC emptions related to farming, forestry, Water Pollution Control Act (commonly and Rapanos decisions. The bill could ranching, and infrastructure mainte- known as the ‘‘Clean Water Act’’). not be more straight-forward. It makes nance that have been in place since (3) To provide protection to the waters of it clear that the Clean Water Act has 1977. Activities such as plowing, seed- the United States to the fullest extent of the always covered a myriad of interstate ing, cultivating, and harvesting; and legislative authority of Congress under the and intrastate waters, by codifying the constructing and maintaining farm or Constitution. SEC. 3. FINDINGS. regulatory definition of ‘‘waters of the stock ponds, irrigation ditches, and Congress finds the following: United States’’ that has been in use farm or forest roads have been exempt- (1) Water is a unique and precious resource since the 1970s. In fact, 30 years ago ed from permitting requirements and that is necessary to sustain human life and this month, the Environmental Protec- will remain so under this bill. the life of animals and plants. tion Agency finalized the act’s regula- The bill does not create duplicative (2) Water is used not only for human, ani- tions, properly establishing the scope State and Federal permitting proc- mal, and plant consumption, but is also im- of waters needing to be protected by esses. The Clean Water Act created an portant for agriculture, transportation, flood the Clean Water Act in order to meet important Federal-State partnership, control, energy production, recreation, fish- and States can choose to assume from ing and shellfishing, and municipal and com- the national objective. The Clean mercial uses. Water Restoration Act would codify the Corps the dredge and fill permit- (3) Through prior enactments, Congress es- the regulations the federal agencies ting program, Section 404, or the EPA’s tablished the national objective of restoring have used to enforce the Clean Water NPDES permitting program for point and maintaining the chemical, physical, and Act for over 30 years. This is necessary sources, Section 402. biological integrity of the waters of the to prevent the judicial branch from re- The bill does not preempt state and United States and recognized that achieving defining ‘‘navigable waters’’ as some- local authority under the Clean Water this objective requires uniform, minimum thing other than the ‘‘waters of the Act. However, without the bill many national water quality and aquatic eco- State programs are in jeopardy because system protection standards to restore and United States.’’ maintain the natural structures and func- The bill’s ‘‘findings’’ make it clear many States developed their own clean tions of the aquatic ecosystems of the United that Congress’ primary concern in 1972 water laws so that they hinge entirely States. Since the 1970s, the definitions of was to protect the Nation’s waters on the Federal Clean Water Act, and do ‘‘waters of the United States’’ in the U.S. from pollution rather than just sustain not have separate state programs to Environmental Protection Agency’s and the the navigability of waterways, and it fully address any voids left by the re- U.S. Army Corps of Engineers’ regulations reinforces that original intent. It also moval of Federal clean water protec- have properly established the scope of waters asserts Congress’ constitutional au- tions. Also, some states prohibit their needed to be protected by the Federal Water thority, which extends beyond the state laws from being any more protec- Pollution Control Act (33 U.S.C. 1251 et seq.) in order to meet the national objective. Commerce Clause to the Property tive than the Federal law. This means (4) Water is transported through inter- Clause, Treaty Clause, and Necessary that if the Federal Clean Water Act’s connected hydrologic cycles, and the pollu- and Proper Clause, to protect the Na- protections are curtailed, then the tion, impairment, or destruction of any part tion’s waters. State’s protections are also reduced. of an aquatic system may affect the chem- While the Clean Water Restoration Statements that this bill would ‘‘ex- ical, physical, and biological integrity of Act is critical to preventing the courts pand the scope of the Clean Water Act’’ other parts of the aquatic system. from rewriting the law and thus fur- are disingenuous at best. For over 30 (5) Protection of intrastate waters is nec- ther reducing the protections afforded years, all ‘‘waters of the United essary to restore and maintain the chemical, States’’ have been regulated and Con- physical, and biological integrity of all to our Nation’s waters under the Clean waters in the United States. Water Act, the bill is remarkably sim- gress should not stand by while the (6) The regulation of discharges of pollut- ple and does not do many things. courts and certain special interests roll ants into intrastate waters is an integral The bill does not prohibit develop- back the critical protections afforded part of the comprehensive clean water regu- ment or other activities that discharge by the Clean Water Act. latory program of the United States.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9920 CONGRESSIONAL RECORD — SENATE July 25, 2007 (7) Small and intermittent streams, includ- SEC. 4. DEFINITION OF WATERS OF THE UNITED S. 1871. A bill to provide for special ing ephemeral and seasonal streams, com- STATES. transfers of funds to States to promote Section 502 of the Federal Water Pollution prise the majority of all stream miles in the certain improvements in State unem- United States and serve critical biological Control Act (33 U.S.C. 1362) is amended— (1) by striking paragraph (7); ployment compensation laws; to the and hydrological functions that affect entire Committee on Finance. watersheds. These waters reduce the intro- (2) by redesignating paragraphs (8) through (24) as paragraphs (7) through (23), respec- Mr. KENNEDY. Mr. President, today duction of pollutants to large streams and tively; and rivers, provide and purify drinking water I am pleased to join my colleagues Sen- (3) by adding at the end the following: supplies, and are especially important to the ators SNOWE, ROCKEFELLER, WARNER, ‘‘(24) WATERS OF THE UNITED STATES.—The and CANTWELL in introducing the Un- life cycles of aquatic organisms and the flow term ‘waters of the United States’ means all of higher order streams during floods. waters subject to the ebb and flow of the employment Insurance Modernization (8) The pollution or other degradation of tide, the territorial seas, and all interstate Act, a bipartisan proposal to reform waters of the United States, individually and and intrastate waters and their tributaries, our unemployment insurance system. in the aggregate, has a substantial relation including lakes, rivers, streams (including In today’s troubled economy, too to and effect on interstate commerce. intermittent streams), mudflats, sandflats, many working families are just one (9) Protection of intrastate waters is nec- wetlands, sloughs, prairie potholes, wet pink slip away from falling into pov- essary to prevent significant harm to inter- meadows, playa lakes, natural ponds, and all erty. The most recent recession hit state commerce and sustain a robust system impoundments of the foregoing, to the full- workers particularly hard, wiping out of interstate commerce in the future. est extent that these waters, or activities af- (10) Waters, including streams and wet- fecting these waters, are subject to the legis- millions of good jobs, many of which lands, provide protection from flooding. lative power of Congress under the Constitu- never came back. Today, almost 7 mil- Draining or filling intrastate wetlands and tion.’’. lion Americans are unemployed. channelizing or filling intrastate streams SEC. 5. CONFORMING AMENDMENTS. Fundamental shifts in the economy, can cause or exacerbate flooding that causes The Federal Water Pollution Control Act including globalization and jobs being billions of dollars of damages annually, plac- (33 U.S.C. 1251 et seq.) is amended— shipped overseas have caused declines ing a significant burden on interstate com- (1) by striking ‘‘navigable waters of the in entire industries, with the result merce. United States’’ each place it appears and in- that large numbers are losing their serting ‘‘waters of the United States’’; (11) Millions of people in the United States long-time jobs and struggling to find depend on streams, wetlands, and other (2) in section 304(l)(1) by striking ‘‘NAVI- waters of the United States to filter water GABLE WATERS’’ in the heading and inserting new opportunities for work. But their and recharge surface and subsurface drinking ‘‘WATERS OF THE UNITED STATES’’; and options for new jobs are limited, and water supplies, protect human health, and (3) by striking ‘‘navigable waters’’ each nearly one in six unemployed Ameri- create economic opportunity. Source water place it appears and inserting ‘‘waters of the cans are out of work for longer than 6 protection areas containing small or inter- United States’’. months. Another 1.5 million unem- mittent streams provide water to public SEC. 6. SAVINGS CLAUSE. ployed workers aren’t even counted in drinking water supplies serving more than Nothing in this Act shall be construed as the official unemployment statistics, 110 million Americans. affecting the authority of the Administrator of the Environmental Protection Agency or because they have become frustrated (12) Millions of people in the United States and have given up their job search. enjoy recreational activities that depend on the Secretary of the Army under the fol- intrastate waters, such as waterfowl hunt- lowing provisions of the Federal Water Pol- The Federal Unemployment Insur- ing, bird watching, fishing, and photography, lution Control Act (33 U.S.C. 1251 et seq.): ance program was created in the De- and those activities and associated travel (1) Section 402(l)(1), relating to discharges pression-era to help keep workers out generate hundreds of billions of dollars of in- composed entirely of return flows from irri- of poverty between jobs. It has been a come each year for the travel, tourism, gated agriculture. bedrock of security for working fami- (2) Section 402(l)(2), relating to discharges recreation, and sporting sectors of the econ- of stormwater runoff from certain oil, gas, lies in difficult times, providing much omy of the United States. and mining operations composed entirely of needed benefits to millions of workers (13) Activities that result in the discharge flows from precipitation runoff conveyances, each year. It has helped them pay the of pollutants into waters of the United which are not contaminated by or in contact rent and put food on the table when States are commercial or economic in na- with specified materials. they lose their job and face long peri- ture. More than 14,000 facilities with indi- (3) Section 404(f)(1)(A), relating to dis- vidual permits issued in accordance with the ods of unemployment. It also has charges of dredged or fill materials from nor- helped reduce economic fluctuations by Federal Water Pollution Control Act (33 mal farming, silviculture, and ranching ac- U.S.C. 1251 et seq.), including industrial tivities. building up a reserve of funds in good plants and municipal sewage treatment sys- (4) Section 404(f)(1)(B), relating to dis- economic times that can be used as a tems, discharge into small or intermittent charges of dredged or fill materials for the cushion to soften the blow of job losses streams. purpose of maintenance of currently service- during recessions. (14) States have the responsibility and able structures. The problem is that the current un- right to prevent, reduce, and eliminate pol- (5) Section 404(f)(1)(C), relating to dis- employment insurance system has not lution of waters, and the Federal Water Pol- charges of dredged or fill materials for the kept pace with the changing economy lution Control Act respects the rights and purpose of construction or maintenance of and left millions of Americans without responsibilities of States by preserving for farm or stock ponds or irrigation ditches and States the ability to manage permitting, maintenance of drainage ditches. benefits. In 2006, just 35 percent of un- grant, and research programs to prevent, re- (6) Section 404(f)(1)(D), relating to dis- employed Americans received unem- duce, and eliminate pollution, and to estab- charges of dredged or fill materials for the ployment benefits. In addition, today’s lish standards and programs more protective purpose of construction of temporary sedi- much more mobile workforce means of a State’s waters than is provided under mentation basins on construction sites, that employees are now at greater risk Federal standards and programs. which do not include placement of fill mate- of suffering unemployment. (15) Protecting the quality of and regu- rial into the waters of the United States. These problems particularly affect lating activities affecting the waters of the (7) Section 404(f)(1)(E), relating to dis- low-wage workers. According to the United States is a necessary and proper charges of dredged or fill materials for the means of implementing treaties to which the purpose of construction or maintenance of Government Accountability Office, United States is a party, including treaties farm roads or forest roads or temporary low-wage workers are only half as like- protecting species of fish, birds, and wildlife. roads for moving mining equipment in ac- ly to receive UI benefits as other unem- (16) Protecting the quality of and regu- cordance with best management practices. ployed workers, even though low-wage lating activities affecting the waters of the (8) Section 404(f)(1)(F), relating to dis- workers are twice as likely to be unem- United States is a necessary and proper charges of dredged or fill materials resulting ployed. means of protecting Federal land, including from activities with respect to which a State Modernizing unemployment insur- hundreds of millions of acres of parkland, has an approved program under section ance cannot single-handedly overcome refuge land, and other land under Federal 208(b)(4) of such Act meeting the require- ments of subparagraphs (B) and (C) of that all of the economic challenges facing ownership and the wide array of waters en- our Nation, but it’s a critical step in compassed by that land. section. (17) Protecting the quality of and regu- dealing with the hardships so many lating activities affecting the waters of the By Mr. KENNEDY (for himself, working families are facing. United States is necessary to protect Federal Ms. SNOWE, Mr. ROCKEFELLER, The current unemployment insur- land and waters from discharges of pollut- Mr. WARNER, and Ms. CANT- ance program was designed as a part- ants and other forms of degradation. WELL): nership between states and the Federal

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9921 Government. States are given extraor- curity to countless working families actual State yield for each planted acre for a dinary flexibility to tailor the pro- who are being left in the cold today. It crop year for a covered commodity in a State gram’s benefits to their unique situa- will help long-term unemployed work- shall equal— ‘‘(A) the quantity of the covered com- tions, and many of them have been the ers get the training they need to find modity that is produced in the State, and re- laboratories of democracy in improving new jobs. It will give States the re- ported to the Secretary, during the crop their unemployment insurance sys- sources and flexibility they need to re- year; divided by tems. Their experiments have often vitalize their programs and serve work- ‘‘(B) the number of acres that are planted been successful in making the system ing families more effectively. or considered planted to the covered com- more responsive to workers’ needs. I commend my colleagues on both modity in the State, and reported to the Sec- Some have improved coverage for sides of the aisle who are joining to in- retary, during the crop year. low-wage and part-time workers. Oth- troduce this important legislation. We ‘‘(3) REVENUE COUNTER-CYCLICAL PROGRAM HARVEST PRICE.—For purposes of paragraph ers have made their systems more fam- all agree that now is the time for these (1)(B), the revenue counter-cyclical program ily-friendly, or have helped dislocated reforms. In the global economy, it is harvest price for a crop year for a covered workers expand their skills through more urgent than ever for every Amer- commodity shall equal the harvest price that training. ican worker to be able to contribute to is used to calculate revenue under revenue Our Unemployment Insurance Mod- the economy. To achieve that goal, we coverage plans that are offered for the crop ernization Act builds on these suc- need to make sure that all unemployed year for the covered commodity under the cesses by offering States strong finan- workers have the support they need to Federal Crop Insurance Act (7 U.S.C. 1501 et cial incentives to adopt the best of the seq.). get back on their feet and rejoin the ‘‘(c) REVENUE COUNTER-CYCLICAL PROGRAM new programs. workforce. Our future prosperity de- GUARANTEE.— First, the bill encourages States to pends on it. ‘‘(1) IN GENERAL.—The revenue counter-cy- cover more low-wage workers. In 30 clical program guarantee for a crop year for states, many unemployed low-wage By Mr. DURBIN (for himself and a covered commodity in a State shall equal workers are not eligible for UI benefits Mr. BROWN): 90 percent of the product obtained by multi- because their most recent earnings are S. 1872. A bill to amend the Farm Se- plying— not counted. But failure to count these curity and Rural Investment Act of ‘‘(A) the expected State yield for each 2002 to make revenue counter-cyclical planted acre for the crop year for the covered earnings may deny benefits altogether commodity in a State determined under to some workers, and reduces the payments available to producers on a paragraph (2); and amount that many other workers re- farm to ensure that the producers at ‘‘(B) the revenue counter-cyclical program ceive. Our bill provides incentives for least receive a minimum level of rev- pre-planting price for the crop year for the States to fix this unfair practice. enue from the production of a covered covered commodity determined under para- Changing family life has also left commodity, and for other purposes; to graph (3). many workers unable to collect unem- the Committee on Agriculture, Nutri- ‘‘(2) EXPECTED STATE YIELD.— ployment benefits. Today, two-wage tion, and Forestry. ‘‘(A) IN GENERAL.—For purposes of para- Mr. DURBIN. I ask unanimous con- graph (1)(A), subject to subparagraph (B), the earner families are the norm, not the expected State yield for each planted acre exception. When a parent moves to a sent that the text of the bill be printed for a crop year for a covered commodity in a different city to take a new job, the in the RECORD. State shall equal the projected yield for the spouse usually has to quit work as well There being no objection, the text of crop year for the covered commodity in the to keep their family together. But the bill was ordered to be printed in State, based on a linear regression trend of spouses cannot collect unemployment the RECORD, as follows: the yield per acre planted to the covered benefits in most States, nor can vic- S. 1872 commodity in the State during the 1980 tims of domestic violence, if they have Be it enacted by the Senate and House of Rep- through 2006 period using National Agricul- tural Statistics Service data. to leave work to find safety elsewhere, resentatives of the United States of America in Congress assembled, ‘‘(B) ASSIGNED YIELD.—If the Secretary out of reach of their abuser. Our legis- cannot establish the expected State yield for lation encourages States to provide SECTION 1. SHORT TITLE. each planted acre for a crop year for a cov- benefits in these cases as well. This Act may be cited as the ‘‘Farm Safety ered commodity in a State in accordance In addition to expanding the eligi- Net Improvement Act of 2007’’. with subparagraph (A), the Secretary shall bility for benefits, our bill also sup- SEC. 2. REVENUE COUNTER-CYCLICAL PROGRAM. assign an expected State yield for each ports state efforts to reemploy workers Section 1104 of the Farm Security and planted acre for the crop year for the covered Rural Investment Act of 2002 (7 U.S.C. 7914) commodity in the State on the basis of ex- laid off by declining industries. Cur- is amended to read as follows: rently, the Trade Adjustment Assist- pected State yields for planted acres for the ‘‘SEC. 1104. REVENUE COUNTER-CYCLICAL PRO- crop year for the covered commodity in simi- ance Program offers retraining benefits GRAM. lar States. to some workers directly affected by ‘‘(a) IN GENERAL.—For each of the 2008 ‘‘(3) REVENUE COUNTER-CYCLICAL PROGRAM trade, so that they can learn new skills through 2012 crop years for each covered PRE-PLANTING PRICE.— and find worthwhile jobs in other in- commodity, the Secretary shall make rev- ‘‘(A) IN GENERAL.—For purposes of para- dustries. But employees who are only enue counter-cyclical payments available to graph (1)(B), subject to subparagraph (B), the indirectly affected by trade often re- producers on a farm in a State for a crop revenue counter-cyclical program pre-plant- year for a covered commodity if— ing price for a crop year for a covered com- ceive no benefits. Our bill helps close ‘‘(1) the actual State revenue from the crop that gap by encouraging States to offer modity shall equal the average price that is year for the covered commodity in the State used to determine crop insurance guarantees additional benefits to unemployed determined under subsection (b); is less than for the crop year for the covered commodity workers attending State-approved ‘‘(2) the revenue counter-cyclical program under the Federal Crop Insurance Act (7 training programs. guarantee for the crop year for the covered U.S.C. 1501 et seq.) during the crop year and Finally, our legislation provides commodity in the State determined under the preceding 2 crop years. needed funds to States to manage their subsection (c). ‘‘(B) MINIMUM AND MAXIMUM PRICE.—The unemployment insurance programs and ‘‘(b) ACTUAL STATE REVENUE.— revenue counter-cyclical program pre-plant- ‘‘(1) IN GENERAL.—For purposes of sub- reach out to workers. Many States are ing price for a crop year for a covered com- section (a)(1), the amount of the actual State modity under subparagraph (A) shall not de- now forced to shut their unemploy- revenue for a crop year of a covered com- ment offices because they can’t afford crease or increase more than 15 percent from modity shall equal the product obtained by the pre-planting price for the preceding year. to keep them open, leaving unem- multiplying— ‘‘(d) PAYMENT AMOUNT.—If revenue ployed workers without any counseling ‘‘(A) the actual State yield for each plant- counter-cyclical payments are required to be to find new work or learn about the ed acre for the crop year for the covered paid for any of the 2008 through 2012 crop benefits available to them. These em- commodity determined under paragraph (2); years of a covered commodity, the amount of ployment offices also provide a way for and the revenue counter-cyclical payment to be ‘‘(B) the revenue counter-cyclical program other programs, such as Trade Adjust- paid to the producers on the farm for the harvest price for the crop year for the cov- crop year under this section shall be equal to ment Assistance, to reach out to af- ered commodity determined under paragraph the product obtained by multiplying— fected workers. (3). ‘‘(1) the difference between— The Unemployment Insurance Mod- ‘‘(2) ACTUAL STATE YIELD.—For purposes of ‘‘(A) the revenue counter-cyclical program ernization Act will provide greater se- paragraph (1)(A) and subsection (c)(1)(A), the guarantee for the crop year for the covered

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9922 CONGRESSIONAL RECORD — SENATE July 25, 2007 commodity in the State determined under payments’’ each place it appears in sub- attacking civilian populations engaged subsection (c); and sections (a)(1) and (e)(2). in the activities of everyday life, we ‘‘(B) the actual State revenue from the (e) Section 1102 of the Farm Security and must have robust and agile intelligence Rural Investment Act of 2002 (7 U.S.C. 7912) crop year for the covered commodity in the capabilities. Rendition, detaining a State determined under subsection (b); is amended— ‘‘(2) the acreage planted or considered (1) in subsection (a), by striking ‘‘and terrorist operative in one foreign coun- planted to the covered commodity for har- counter-cyclical payments’’; and try and transfering him to the United vest on the farm in the crop year; (2) by striking subsection (e). States or to another foreign country to ‘‘(3) the quotient obtained by dividing— (f) Section 1103 of the Farm Security and face justice, has proved to be one effec- ‘‘(A) the actual production history on the Rural Investment Act of 2002 (7 U.S.C. 7913) tive means of taking terrorists off the farm; by is amended by striking ‘‘2007’’ each place it streets and collecting valuable intel- ‘‘(B) the expected State yield for the crop appears and inserting ‘‘2012’’. ligence. year, as determined under subsection (c)(2); (g) Section 1105 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7915) Despite its effectiveness, however, and the U.S. Government’s use of rendition ‘‘(4) 90 percent. is amended— has been controversial. Foreign govern- ‘‘(e) RECOURSE LOANS.—For each of the 2008 (1) in the section heading, by inserting through 2012 crops of a covered commodity, ‘‘REVENUE’’ before ‘‘COUNTER-CYCLI- ments have criticized the practice as the Secretary shall make available to pro- CAL’’; and ungoverned by law and on the basis of ducers on a farm recourse loans, as deter- (2) by inserting ‘‘revenue’’ before ‘‘counter- its alleged use to transfer suspects to mined by the Secretary, on any production cyclical’’ each place it appears. countries that torture or mistreat of the covered commodity.’’. (h) Subtitle B of title I of the Farm Secu- them or to secret, extraterritorial pris- rity and Rural Investment Act of 2002 (7 SEC. 3. IMPACT ON CROP INSURANCE PRO- ons. The toll the rendition program, as GRAMS. U.S.C. 7931 et seq.) is repealed. (i) Subtitles C through F of title I of the currently practiced, has had on rela- (a) RATING.— Farm Security and Rural Investment Act of tionships with some of our closest for- (1) IN GENERAL.—The Secretary of Agri- 2002 (7 U.S.C. 7951 et seq.) are amended by culture, acting through the Administrator of eign partners is evident from their re- striking ‘‘2007’’ each place it appears and in- the Risk Management Agency shall carry sponses. serting ‘‘2012’’. out a study to identify such actions as are Italy has indicted 26 Americans for (j) Section 1307(a)(6) of the Farm Security their alleged role in a rendition. Ger- necessary to ensure, to the maximum extent and Rural Investment Act of 2002 (7 U.S.C. practicable, that all policies and plans of in- 7957)(a)(6)) is amended in the first sentence many has issued arrest warrants for an surance under the Federal Crop Insurance by striking ‘‘2006’’ and inserting ‘‘2011’’. additional 13 U.S. intelligence officers. Act (7 U.S.C. 1501 et seq.) are properly rated (k) Section 1601(d)(1) of the Farm Security A Canadian Government commission to take into account a rebalancing of risk as and Rural Investment Act of 2002 (7 U.S.C. has censured the United States for ren- a result of the enactment of this Act and the 7991(d)(1)) is amended by striking ‘‘and dering a Canadian/Syrian dual citizen amendments made by this Act. counter-cyclical payments under subtitle A (2) IMPLEMENTATION.—Not later than 180 to Syria. The Council of Europe and and subtitle C’’ and inserting ‘‘under subtitle the European Union have each issued days after the date of enactment of this Act, A’’. the Secretary shall carry out the actions (l) Section 1605 of the Farm Security and reports critical of the U.S. Govern- identified under paragraph (1). Rural Investment Act of 2002 (7 U.S.C. 7993) ment’s rendition program and Euro- (b) PREVENTION OF DUPLICATION.—The Ad- is repealed. pean countries’ involvement or com- ministrator of the Risk Management Agency (m) Section 1615(2) of the Farm Security plicity in it. Sweden and Switzerland and Administrator of the Farm Service and Rural Investment Act of 2002 (7 U.S.C. have each initiated investigations as Agency shall work together to ensure, to the 7998(2)) is amended— well. Today, the United Kingdom maximum extent practicable, that producers (1) in subparagraph (B), by striking ‘‘Loan’’ issued a report predicting that the U.S. on a farm are not compensated through the and inserting ‘‘Covered’’; and revenue counter-cyclical program estab- (2) in subparagraph (C), by striking ‘‘loan’’ Government’s rendition program would lished under section 1104 of the Farm Secu- and inserting ‘‘covered’’. have ‘‘serious implications’’ for the in- rity and Rural Investment Act of 2002 (as (n) Section 1001 of the Food Security Act of telligence relation between the U.S. amended by section 2) and under the Federal 1985 (7 U.S.C. 1308) is amended— and U.K., one of our most important Crop Insurance Act (7 U.S.C. 1501 et seq.) for (1) in subsection (c)(1), by inserting ‘‘rev- foreign partners. Rendition, as cur- the same loss, including by reducing crop in- enue’’ before ‘‘counter-cyclical’’; and rently practiced, is undermining our surance indemnity payments by the amount (2) in subsection (d)— moral credibility and standing abroad of the revenue counter-cyclical payments. (A) by striking paragraph (1); and and weakening the coalitions with for- SEC. 4. CONFORMING AMENDMENTS. (B) in paragraph (2)— eign governments that we need to ef- (a) Section 166(a) of the Federal Agri- (i) by striking ‘‘(2) OTHER COMMODITIES.—’’; culture Improvement and Reform Act of 1996 (ii) in subparagraph (A), by striking ‘‘, fectively combat international ter- (7 U.S.C. 7286(a)) is amended by striking ‘‘B wool, mohair, or honey under subtitle B or’’ rorism. and’’. and inserting ‘‘under subtitle’’; The controversial aspects of the U.S. (b) Section 1001 of the Farm Security and (iii) in subparagraph (B), by striking ‘‘, Government’s use of rendition have Rural Investment Act of 2002 (7 U.S.C. 7901) peanuts, wool, mohair, and honey under also not escaped the notice of the prop- is amended— those subtitles’’ and inserting ‘‘under that agandists and recruiters who fuel and (1) by striking paragraphs (3), (6), (8), and subtitle’’; and sustain international terrorist organi- (iv) by redesignating subparagraphs (A) (15); zations with a constant stream of new (2) by redesignating paragraphs (4), (5), (7), and (B) as paragraphs (1) and (2), respec- (9), (10), (11), (12), (13), (14), and (16) as para- tively, and indenting appropriately. recruits. Allegations of lawlessness and graphs (3), (4), (5), (6), (7), (8), (9), (11), (12), mistreatment by the U.S. make their and (13), respectively; By Mr. BIDEN: job easier, adding a refrain to their re- (3) in paragraph (7) (as so redesignated), by S. 1876. A bill to prohibit cruitment pitch and increasing the re- striking ‘‘and counter-cyclical payments’’; extraterritorial detention and ren- ceptivity of their target audience. (4) in paragraph (8) (as so redesignated)— dition, except under limited cir- Our counterterrorism authorities (A) in subparagraph (A), by striking ‘‘(A) cumstances, to modify the definition of should not only thwart attacks, take IN GENERAL.—’’; and ‘‘unlawful enemy combatant’’ for pur- dangerous terrorists off the streets, (B) by striking subparagraph (B); and bring them to justice; these au- (5) by inserting after paragraph (9) (as so poses of military commissions, to ex- redesignated) the following: tend statutory habeas corpus to detain- thorities should also strengthen inter- ‘‘(10) REVENUE COUNTER-CYCLICAL PAY- ees, and for other purposes; to the national coalitions, draw Muslim popu- MENTS.—The term ‘revenue counter-cyclical Committee on the Judiciary. lations around the world closer to us, payments’ means a payment made to pro- Mr. BIDEN. One of the defining chal- and deprive terrorists of a recruitment ducers on a farm under section 1104.’’. lenges of our age is to effectively com- narrative. In our long term effort to (c) The subtitle heading of subtitle A of bat international terrorism while stem the tide of international ter- title I of the Farm Security and Rural In- maintaining our national values and rorism, our commitments to the rule of vestment Act of 2002 (7 U.S.C. prec. 7911) is our commitment to the rule of law, and law and to individual rights and civil amended by inserting ‘‘Revenue’’ before ‘‘Counter-Cyclical’’. respecting individual rights and civil liberties are among our most formi- (d) Section 1101 of the Farm Security and liberties. To fight terrorist organiza- dable weapons. They are what unite Rural Investment Act of 2002 (7 U.S.C. 7911) tions whose tactics include blending foreign governments behind us in effec- is amended by striking ‘‘and counter-cyclical into our cities and communities and tive counterterrorism coalitions. They

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9923 are what unite public opinion in sup- This is not a trade-off we have to (8) the term ‘‘officer or agent of the United port of our counterterrorism efforts make. We can have a robust and agile States’’ includes any officer, employee, and in condemnation of the terrorists rendition capability governed by the agent, contractor, or subcontractor acting and their tactics. They are what pre- rule of law and subject to sufficient for or on behalf of the United States; and safeguards and oversight. That is what (9) the terms ‘‘render’’ and ‘‘rendition’’, re- vent the recruitment of the next gen- lating to an individual, mean that an officer eration of international terrorists. the National Security with Justice Act or agent of the United States transfers that This bill maintains rendition as a ro- creates. I invite my colleagues on both individual from the legal jurisdiction of the bust and agile tool in our fight against sides of the aisle and in the other United States or a foreign country to a dif- international terrorism, but it brings branches of Government to work with ferent legal jurisdiction (including the legal that tool within the rule of law, pro- me to refine this legal framework so jurisdiction of the United States or a foreign vides additional safeguards against that we not only take today’s terror- country) without authorization by treaty or error, and prohibits rendering individ- ists off the streets, we strengthen our by the courts of either such jurisdiction, ex- uals to countries that will torture or standing and credibility among foreign cept under an order of rendition issued under section 104. mistreat them or to secret, extra-terri- governments and the global commu- SEC. 3. TABLE OF CONTENTS. torial prisons. nity, and we prevent tomorrow’s ter- rorists from being recruited. The table of contents for this Act is as fol- The bill establishes a classified appli- lows: cation and order process, presided over I ask unanimous consent that the text of the bill be printed in the Sec. 1. Short title. by the FISA court that: 1. ensures that Sec. 2. Definitions. each rendition is preceded by a search- RECORD. Sec. 3. Table of contents. ing inquiry into the identity of the in- There being no objection, the text of the bill was ordered to be printed in TITLE I—EXTRATERRITORIAL dividual to be rendered and his role in DETENTION AND RENDITION the RECORD, as follows: international terrorism and 2. pro- Sec. 101. Prohibition on extraterritorial de- hibits rendition to countries that tor- S. 1876 tention. ture or mistreat detainees or to secret, Be it enacted by the Senate and House of Rep- Sec. 102. Prohibition on rendition. resentatives of the United States of America in extraterritorial prisons beyond the Sec. 103. Application for an order of ren- Congress assembled, dition. reach of law. It ensures that citizens SECTION 1. SHORT TITLE. Sec. 104. Issuance of an order of rendition. of, and individuals lawfully admitted This Act may be cited as the ‘‘National Se- Sec. 105. Authorizations and orders for to, the U.S. receive the due process and curity with Justice Act of 2007’’. emergency detention. individual rights guaranteed by the SEC. 2. DEFINITIONS. Sec. 106. Uniform Standards for the Interro- Constitution. It ensures that a ter- In this Act— gation of Individuals Detained rorist suspect detained by the U.S. has (1) the term ‘‘aggrieved person’’— by the Government of the the opportunity, through a writ of ha- (A) means any individual subject by an of- United States. ficer or agent of the United States either to Sec. 107. Protection of United States Gov- beas corpus, to argue in a court of law extraterritorial detention or rendition, ex- ernment Personnel Engaged in that he is being held in error. cept as authorized in this Act; and an Interrogation. This bill also closes a hole inten- (B) does not include any individual who is Sec. 108. Monitoring and reporting regarding tionally left open by the President’s re- an international terrorist; the treatment, conditions of cent Executive Order on the treatment (2) the term ‘‘element of the intelligence confinement, and status of of detainees. The President’s order is community’’ means an element of the intel- legal proceedings of individuals notably silent on some of the more ligence community specified in or designated rendered to foreign govern- controversial techniques the CIA has under section 3(4) of the National Security ments. Act of 1947 (50 U.S.C. 401a(4)); Sec. 109. Report to Congress. allegedly used in the past, such as (3) the term ‘‘extraterritorial detention’’ Sec. 110. Civil liability. waterboarding, extreme sleep depriva- means detention of any individual by an offi- Sec. 111. Additional resources for foreign in- tion, extreme sensory deprivation, and cer or agent of the United States outside the telligence surveillance court. extremes of heat and cold. When we territorial jurisdiction of the United States; Sec. 112. Rule of construction. countenance this treatment of detain- (4) the term ‘‘Foreign Intelligence Surveil- Sec. 113. Authorization of appropriations. ees, we diminish our ability to argue lance Court’’ means the court established TITLE II—ENEMY COMBATANTS that the same techniques should not be under section 103(a) of the Foreign Intel- Sec. 201. Modification of definition of ‘‘un- used against our own troops. ligence Surveillance Act of 1978 (50 U.S.C. lawful enemy combatant’’ for We cannot continue to equivocate 1803(a)); purposes of military commis- (5) the term ‘‘Geneva Conventions’’ and dissemble on this matter. We need sions. means— TITLE III—HABEAS CORPUS to send a clear message that torture, (A) the Convention for the Amelioration of inhumane, and degrading treatment of the Condition of the Wounded and Sick in Sec. 301. Extending statutory habeas corpus detainees is unacceptable and is not Armed Forces in the Field, done at Geneva to detainees. permitted by U.S. law. Period. There- August 12, 1949 (6 UST 3114); TITLE I—EXTRATERRITORIAL DETENTION fore, my bill prohibits all officers and (B) the Convention for the Amelioration of AND RENDITION agents of the United States from using the Condition of the Wounded, Sick, and SEC. 101. PROHIBITION ON EXTRATERRITORIAL techniques of interrogation not author- Shipwrecked Members of the Armed Forces DETENTION. at Sea, done at Geneva August 12, 1949 (6 (a) IN GENERAL.—Except as provided in ized by and listed in the U.S. Army UST 3217); subsection (b), no officer or agent of the Field Manual on Intelligence Interro- (C) the Convention Relative to the Treat- United States shall engage in the gation. ment of Prisoners of War, done at Geneva extraterritorial detention of any individual. As I said at the outset, this bill grap- August 12, 1949 (6 UST 3316); and (b) EXCEPTIONS.—This section shall not ples with one of the defining issues of (D) the Convention Relative to the Protec- apply to— our age, how to effectively combat ter- tion of Civilian Persons in Time of War, done (1) an individual detained and timely rorism without sacrificing our national at Geneva August 12, 1949 (6 UST 3516); transferred to a foreign legal jurisdiction or values and abandoning the rule of law. (6) the term ‘‘international terrorist’’ the legal jurisdiction of the United States If we continue to pursue a rendition means— under an order of rendition issued under sec- (A) any person, other than a United States tion 104 or an emergency authorization program ungoverned by law, without person, who engages in international ter- under section 105; sufficient safeguards and oversight, we rorism or activities in preparation therefor; (2) an individual— will perpetuate a short term solution and (A) detained by the Armed Forces of the that exacerbates the long term prob- (B) any person who knowingly aids or United States in accordance with United lem. We will take individual terrorists abets any person in the conduct of activities States Army Regulation 190-8 (1997), or any off the streets at the expense of the for- described in subparagraph (A) or knowingly successor regulation certified by the Sec- eign coalitions that are essential to conspires with any person to engage in ac- retary of Defense; and our efforts to combat international ter- tivities described in subparagraph (A); (B) detained by the Armed Forces of the (7) the terms ‘‘international terrorism’’ United States— rorism, at the expense of facilitating and ‘‘United States person’’ have the mean- (i) under circumstances governed by, and the recruitment of a new generation of ings given those terms in section 101 of the in accordance with, the Geneva Conventions; terrorists who are just as dangerous Foreign Intelligence Surveillance Act of 1978 (ii) in accordance with United Nations Se- and far more numerous. (50 U.S.C. 1801); curity Council Resolution 1546 (2004) and

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9924 CONGRESSIONAL RECORD — SENATE July 25, 2007 United Nations Security Council Resolution (4) a statement of the facts and cir- vidual that comport with fundamental no- 1723 (2004); cumstances relied upon by the applicant to tions of due process; and (iii) at the Bagram, Afghanistan detention justify the good faith belief of the applicant (7) the application establishes reason to be- facility; or that— lieve that rendition of the individual to be (iv) at the Guantanamo Bay, Cuba deten- (A) the individual to be rendered is an rendered is important to the national secu- tion center on the date of enactment of this international terrorist; rity of the United States. Act; (B) the country to which the individual is (b) APPEAL.—The Government may appeal (3) an individual detained by the Armed to be rendered will not subject the individual the denial of an application for an order Forces of the United States under cir- to torture or cruel, inhuman, or degrading under subsection (a) to the court of review cumstances governed by, and in accordance treatment, within the meaning of the United established under section 103(b) of the For- with chapter 47 of title 10, United States Nations Convention Against Torture and eign Intelligence Surveillance Act of 1978 (50 Code (the Uniform Code of Military Justice); Other Cruel, Inhuman or Degrading Treat- U.S.C. 1803(b)), and further proceedings with (4) an individual detained by the Armed ment or Punishment, done at New York on respect to that application shall be con- Forces of the United States subject to an December 10, 1984; ducted in a manner consistent with that sec- agreement with a foreign government and in (C) the country to which the individual is tion 103(b). accordance with the relevant laws of that to be rendered will timely initiate legal pro- SEC. 105. AUTHORIZATIONS AND ORDERS FOR foreign country when the Armed Forces of ceedings against that individual that com- EMERGENCY DETENTION. the United States are providing assistance to port with fundamental notions of due proc- (a) IN GENERAL.—Notwithstanding any that foreign government; or ess; and other provision of this title, and subject to (5) an individual detained pursuant to a (D) rendition of that individual is impor- subsection (b), the President or the Director peacekeeping operation authorized by the tant to the national security of the United of National Intelligence may authorize the United Nations Security Council acting States; and Armed Forces of the United States or an ele- under Chapter VII of the Charter of the (5) a full and complete statement regard- ment of the intelligence community, acting United Nations. ing— within the scope of existing authority, to de- SEC. 102. PROHIBITION ON RENDITION. (A) whether ordinary legal procedures for tain an international terrorist in a foreign (a) IN GENERAL.—Except as provided in the transfer of custody of the individual to jurisdiction if the President or the Director subsection (b), no officer or agent of the be rendered have been tried and failed; or of National Intelligence reasonably deter- United States shall render or participate in (B) the facts and circumstances that jus- mines that— the rendition of any individual. tify the good faith belief of the applicant (1) failure to detain that individual will re- (b) EXCEPTIONS.—This section shall not that ordinary legal procedures reasonably sult in a risk of imminent death or imminent apply to— appear to be— serious bodily injury to any individual or im- (1) an individual rendered under an order of (i) unlikely to succeed if tried; or minent damage to or destruction of any rendition issued under section 104; (ii) unlikely to adequately protect intel- United States facility; and (2) an individual detained and transferred ligence sources or methods. (2) the factual basis for issuance of an by the Armed Forces of the United States (c) TECHNICAL AND CONFORMING AMEND- order of rendition under paragraphs (3) and under circumstances governed by, and in ac- MENT.—Section 103 of the Foreign Intel- (7) of section 104(a) exists. cordance with, the Geneva Conventions; ligence Surveillance Act of 1978 (50 U.S.C. (b) NOTICE AND APPLICATION.—The Presi- 1803) is amended by adding at the end the fol- (3) an individual— dent or the Director of National Intelligence lowing: (A) for whom an attorney for the United may authorize an individual be detained ‘‘(g) The court established under sub- under subsection (a) if— States or for any State has filed a criminal section (a) may hear an application for and indictment, criminal information, or any (1) the President or the Director of Na- issue, and the court established under sub- tional Intelligence, or the designee of the similar criminal charging document in any section (b) may review the issuing or denial district court of the United States or crimi- President or the Director of National Intel- of, an order of rendition under section 104 of ligence, at the time of such authorization, nal court of any State; and the National Security with Justice Act of (B) who is timely transferred to the United immediately notifies the Foreign Intel- 2007.’’. ligence Surveillance Court that the Presi- States for trial; SEC. 104. ISSUANCE OF AN ORDER OF REN- (4) an individual— dent or the Director of National Intelligence DITION. has determined to authorize that an indi- (A) who was convicted of a crime in any (a) IN GENERAL.—Upon filing of an applica- State or Federal court; vidual be detained under subsection (a); and tion under section 103, a judge of the Foreign (2) an application in accordance with this (B) who— Intelligence Surveillance Court shall enter title is made to the Foreign Intelligence Sur- (i) escaped from custody prior to the expi- an ex parte order as requested or as modified veillance Court as soon as practicable, but ration of the sentence imposed; or approving the rendition, if the judge finds not more than 72 hours after the President or (ii) violated the terms of parole, probation, that— the Director of National Intelligence author- or supervised release; and (1) the Attorney General of the United izes that individual to be detained. (C) who is promptly returned to the United States or the Deputy Attorney General of (c) EMERGENCY RENDITION PROHIBITED.— States— the United States has approved the applica- The President or the Director of National In- (i) to complete the term of imprisonment; tion for rendition; telligence may not authorize the rendition or (2) the application has been made by a Fed- to a foreign jurisdiction of, and the Armed (ii) for trial for escaping imprisonment or eral officer or agent; Forces of the United States or an element of violating the terms of parole or supervised (3) the application establishes probable the intelligence community may not render release; or cause to believe that the individual to be to a foreign jurisdiction, an individual de- (5) an individual detained by the United rendered is an international terrorist; tained under this section, unless an order States at the Guantanamo Bay, Cuba deten- (4) ordinary legal procedures for transfer of under section 104 authorizing the rendition tion center on the date of enactment of this custody of the individual have been tried and of that individual has been obtained. Act who is transferred to a foreign legal ju- failed or reasonably appear to be unlikely to (d) NONDELEGATION.—Except as provided in risdiction. succeed for any of the reasons described in this section, the authority and duties of the SEC. 103. APPLICATION FOR AN ORDER OF REN- section 103(b)(5)(B); President or the Director of National Intel- DITION. (5) the application, and such other infor- ligence under this section may not be dele- (a) IN GENERAL.—A Federal officer or agent mation as is available to the judge, including gated. may make an application for an order of ren- reports of the Department of State and the SEC. 106. UNIFORM STANDARDS FOR THE INTER- dition in writing, upon oath or affirmation, United Nations Committee Against Torture ROGATION OF INDIVIDUALS DE- to a judge of the Foreign Intelligence Sur- and information concerning the specific TAINED BY THE GOVERNMENT OF veillance Court, if the Attorney General of characteristics and circumstances of the in- THE UNITED STATES. the United States or the Deputy Attorney dividual, establish a substantial likelihood (a) IN GENERAL.—No individual in the cus- General of the United States determines that that the country to which the individual is tody or under the effective control of an offi- the requirements under this title for such an to be rendered will not subject the individual cer or agent of the United States or detained application have been satisfied. to torture or to cruel, inhuman, or degrading in a facility operated by or on behalf of the (b) CONTENTS.—Each application under sub- treatment, within the meaning of the United Department of Defense, the Central Intel- section (a) shall include— Nations Convention Against Torture and ligence Agency, or any other agency of the (1) the identity of the Federal officer or Other Cruel, Inhuman or Degrading Treat- Government of the United States shall be agent making the application; ment or Punishment, done at New York on subject to any treatment or technique of in- (2) a certification that the Attorney Gen- December 10, 1984; terrogation not authorized by and listed in eral of the United States or the Deputy At- (6) the application, and such other infor- United States Army Field Manual 2–22.3, en- torney General of the United States has ap- mation as is available to the judge, establish titled ‘‘Human Intelligence Collector Oper- proved the application; reason to believe that the country to which ations’’. (3) the identity of the specific individual to the individual is to be rendered will timely (b) APPLICABILITY.—Subsection (a) shall be rendered; initiate legal proceedings against that indi- not apply with respect to any individual in

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9925 the custody or under the effective control of Select Committee on Intelligence of the TITLE II—ENEMY COMBATANTS the Government of the United States based House of Representatives an annual report SEC. 201. MODIFICATION OF DEFINITION OF ‘‘UN- on— that contains— LAWFUL ENEMY COMBATANT’’ FOR (1) an arrest or conviction for violating (A) the total number of applications made PURPOSES OF MILITARY COMMIS- Federal criminal law; or for an order of rendition under section 104; SIONS. (2) an alleged or adjudicated violation of (B) the total number of such orders grant- Section 948a(1)(A) of title 10, United States the immigration laws of the United States. ed, modified, or denied; Code, is amended— (c) CONSTRUCTION.—Nothing in this section (C) the total number of emergency author- (1) in the matter preceding clause (i), by may be construed to diminish the rights izations issued under section 105; and striking ‘‘means’’; and under the Constitution of the United States (D) such other information as requested by (2) by striking clauses (i) and (ii) and in- of any individual in the custody or within the Select Committee on Intelligence of the serting the following: the physical jurisdiction of the Government Senate or the Permanent Select Committee ‘‘(i) means a person who is not a lawful of the United States. on Intelligence of the House of Representa- enemy combatant and who— SEC. 107. PROTECTION OF UNITED STATES GOV- tives; and ‘‘(I) has engaged in hostilities against the ERNMENT PERSONNEL ENGAGED IN (2) make available to the Select Com- United States; or AN INTERROGATION. mittee on Intelligence of the Senate and the ‘‘(II) has purposefully and materially sup- (a) PROTECTION OF UNITED STATES GOVERN- Permanent Select Committee on Intelligence ported hostilities against the United States MENT PERSONNEL.—In a civil action or crimi- of the House of Representatives a copy of (other than hostilities engaged in as a lawful nal prosecution against an officer or agent of each application made and order issued enemy combatant); and the United States relating to an interroga- under this title. ‘‘(ii) does not include any person who is— tion, it shall be a defense that such officer or SEC. 110. CIVIL LIABILITY. ‘‘(I) a citizen of the United States or le- agent of the United States complied with gally admitted to the United States; and section 106. (a) IN GENERAL.—An aggrieved person shall have a cause of action against the head of ‘‘(II) taken into custody in the United (b) APPLICABILITY.—Subsection (a) shall States.’’. not apply with respect to any civil action or the department or agency that subjected criminal prosecution relating to the interro- that aggrieved person to extraterritorial de- TITLE III—HABEAS CORPUS gation of an individual in the custody or tention or a rendition in violation of this SEC. 301. EXTENDING STATUTORY HABEAS COR- under the effective control of the Govern- title and shall be entitled to recover— PUS TO DETAINEES. ment of the United States based on— (1) actual damages, but not less than liq- (a) IN GENERAL.—Section 2241 of title 28, (1) an arrest or conviction for violating uidated damages of $1,000 for each day of the United States Code, is amended by striking Federal criminal law; or violation; subsection (e) and inserting the following: ‘‘(e)(1) The United States District Court for (2) an alleged or adjudicated violation of (2) punitive damages; and the District of Columbia shall have jurisdic- the immigration laws of the United States. (3) reasonable attorney’s fees. tion to hear or consider an application for a (c) PROVISION OF COUNSEL.—In any civil ac- (b) JURISDICTION.—The United States Dis- writ of habeas corpus filed by or on behalf of tion or criminal prosecution arising from the trict Court for the District of Columbia shall any person detained by the United States alleged use of an authorized interrogation have original jurisdiction over any claim who has been— practice by an officer or agent of the United under this section. ‘‘(A) determined by the United States to States, the Government of the United States SEC. 111. ADDITIONAL RESOURCES FOR FOREIGN have been properly detained as an enemy may provide or employ counsel, and pay INTELLIGENCE SURVEILLANCE combatant; or counsel fees, court costs, bail, and other ex- COURT. ‘‘(B) detained by the United States for penses incident to representation. (a) AUTHORITY FOR ADDITIONAL JUDGES.— (d) CONSTRUCTION.—Nothing in this section Section 103(a) of the Foreign Intelligence more than 90 days without such a determina- may be construed— Surveillance Act of 1978 (50 U.S.C. 1803(a)) is tion. (1) to limit or extinguish any defense or amended— ‘‘(2) The United States District Court for the District of Columbia shall have jurisdic- protection from suit, civil or criminal liabil- (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; tion to hear or consider an application for a ity, or damages otherwise available to a per- (2) in paragraph (1), as so designated, by in- writ of habeas corpus filed by or on behalf of son or entity; or serting ‘‘at least’’ before ‘‘seven of the any person detained by the United States (2) to provide immunity from prosecution United States judicial circuits’’; who has been tried by military commission (3) by striking ‘‘If any judge so designated’’ for any criminal offense by the proper au- established under chapter 47A of title 10, thorities. and inserting the following: United States Code, and has exhausted the SEC. 108. MONITORING AND REPORTING RE- ‘‘(3) If any judge so designated’’; and appellate procedure under subchapter VI of GARDING THE TREATMENT, CONDI- (4) by inserting after paragraph (1), as so that chapter.’’. TIONS OF CONFINEMENT, AND STA- designated, the following: (b) TECHNICAL AND CONFORMING AMEND- TUS OF LEGAL PROCEEDINGS OF IN- ‘‘(2) In addition to the judges designated DIVIDUALS RENDERED TO FOREIGN MENTS.— under paragraph (1), the Chief Justice of the (1) IN GENERAL.—Subchapter VI of chapter GOVERNMENTS. United States may designate as judges of the (a) IN GENERAL.—The Secretary of State 47A of title 10, United States Code, is amend- court established by paragraph (1) such shall— ed— judges appointed under article III of the Con- (1) regularly monitor the treatment of, the (A) by striking section 950g; stitution of the United States as the Chief conditions of confinement of, and the (B) in section 950h— Justice determines appropriate in order to progress of legal proceedings against an indi- (i) in subsection (a), by adding at the end provide for the prompt and timely consider- vidual rendered to a foreign legal jurisdic- the following: ‘‘Appointment of appellate ation of applications under sections 103 of tion under section 104; and counsel under this subsection shall be for the National Security with Justice Act of (2) not later than 6 months after the date purposes of this chapter only, and not for 2007 for orders of rendition under section 104 of enactment of this Act, and every 6 months any proceedings relating to an application of that Act. Any judge designated under this thereafter, submit to the Select Committee for a writ of habeas corpus relating to any paragraph shall be designated publicly.’’. on Intelligence of the Senate and the Perma- matter tried by a military commission.’’; (b) ADDITIONAL LEGAL AND OTHER PER- nent Select Committee on Intelligence of the and SONNEL FOR FOREIGN INTELLIGENCE SURVEIL- House of Representatives a report detailing (ii) in subsection (c), by striking ‘‘, the LANCE COURT.—There is authorized for the the treatment of, the conditions of confine- United States Court of Appeals for the Dis- Foreign Intelligence Surveillance Court such ment of, and the progress of legal pro- trict of Columbia, and the Supreme Court,’’; additional staff personnel as may be nec- ceedings against any individual rendered to a (C) in section 950j— essary to facilitate the prompt processing foreign legal jurisdiction under section 104. (i) by striking ‘‘(a) FINALITY.—’’; and and consideration by that Court of applica- (b) APPLICABILITY.—The Secretary of State (ii) by striking subsection (b); and shall include in the reports required under tions under section 103 for orders of ren- (D) in the table of sections at the begin- subsection (a)(2) information relating to the dition under section 104 approving rendition ning of that subchapter, by striking the item treatment of, the conditions of confinement of an international terrorist. The personnel relating to section 950g. of, and the progress of legal proceedings authorized by this section are in addition to (2) DETAINEE TREATMENT ACTS.— against an individual rendered to a foreign any other personnel authorized by law. (A) IN GENERAL.—Section 1005(e) of the De- legal jurisdiction under section 104 during SEC. 112. RULE OF CONSTRUCTION. tainee Treatment Act of 2005 (Public Law the period beginning on the date that indi- Nothing in this title may be construed as 109–148; 119 Stat. 2742; 10 U.S.C. 801 note) is vidual was rendered to a foreign legal juris- altering or adding to existing authorities for amended— diction under section 104 and ending on the the extraterritorial detention or rendition of (i) in subsection (e)— date that individual is released from custody any individual. (I) by striking paragraph (2); and by that foreign legal jurisdiction. SEC. 113. AUTHORIZATION OF APPROPRIATIONS. (II) by redesignating paragraphs (3) and (4) SEC. 109. REPORT TO CONGRESS. There is authorized to be appropriated as paragraphs (2) and (3), respectively; and The Attorney General shall— such sums as may be necessary to carry out (ii) in subsection (h)(2)— (1) submit to the Select Committee on In- this title and the amendments made by this (I) by striking ‘‘Paragraphs (2) and (3)’’ and telligence of the Senate and the Permanent title. inserting ‘‘Paragraph (2)’’; and

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A new library will al- Law 109-163; 119 Stat. 3475; 10 U.S.C. 801 note) is amended— translation of those declarations into leviate stress on existing foundation (i) in subsection (e)— definite action.’’ He spearheaded facilities and to allow for increased (I) by striking paragraph (2); and groundbreaking reform in finance, educational outreach to the benefit of (II) by redesignating paragraphs (3) and (4) trade, industry and labor, including students in Virginia and across the as paragraphs (2) and (3), respectively; and anti-trust and child labor laws and U.S. Construction of the Woodrow Wil- (ii) in subsection (h)(2)— women’s suffrage. During his two son Presidential Library would achieve (I) by striking ‘‘Paragraphs (2) and (3)’’ and terms in office, he oversaw the birth of the following objectives: inserting ‘‘Paragraph (2)’’; and the Federal Reserve System and the Make possible collaboration with the Na- (II) by striking ‘‘one of such paragraphs’’ Federal Trade Commission. tional Archives and other presidential librar- and inserting ‘‘that paragraph’’. ies, thereby fostering increased awareness (c) RULE OF CONSTRUCTION.—Notwith- In spite of Wilson’s significant con- tributions to American history and his and study of American history and the insti- standing subsection (a), no court, justice, or tution of the Presidency. Integrate cutting- judge shall have jurisdiction to consider an instrumental role in shaping the edge digital archive development. Promote action described in subparagraph (a) brought framework of the modern international tourism to Staunton and the Commonwealth by an alien who is in the custody of the landscape, there exists no authorized of Virginia to the benefit of all local econo- United States, in a zone of active hostility Presidential library dedicated to his mies. involving the United States Armed Forces, achievements. Sensitive to the budgetary con- and where the United States is implementing For the last 70 years, the Woodrow United States Army Reg 190–8 (1997) or any straints faced by the National Ar- successor, as certified by the Secretary of Wilson Presidential Library Founda- chives, let me reiterate we have crafted Defense. tion in Staunton, Virginia has admi- this legislation to minimize and cap rably served as caretaker of Wilson’s the financial burden on the Federal By Mr. WEBB (for himself and papers and artifacts, dedicating itself Government posed by this project. Mr. WARNER): to the preservation of Wilson’s legacy. First, the bill ensures the existence of S. 1878. A bill to authorize grants for But it has done so without the re- a strong public-private sponsorship by contributions toward the establish- sources afforded to other Presidential mandating that any Federal dollars are ment of the Woodrow Wilson Presi- libraries in the Federal system. Over matched two-for-one by the Woodrow dential Library; to the Committee on time, the Foundation has outgrown its Wilson Presidential Library Founda- Homeland Security and Governmental current space and facilities. Now, with tion and only after the nonfederal Affairs. each day that passes, the prevailing funds are certified to be in possession Mr. WEBB. Mr. President, I rise physical infrastructure severely limits of the nonprofit entity, an arrange- today to introduce legislation with my educational capabilities and opportuni- ment that Congress has used in the colleague Senator WARNER which will ties to share the profound legacy of past. authorize a one-time capital grant by President Wilson. Indeed, the founda- This legislation States that the Fed- the National Archives to establish a tion has even become reluctant to take eral Government shall have no role or Presidential library to honor the life of on many new major new Wilson collec- responsibility for the operation of the Woodrow Wilson. Virginia is fortunate tions because its current controlled ar- library and guarantees that the Wood- to have 8 native sons that went on to chival system is filled to capacity and row Wilson Presidential Library will become President of the U.S. This is a cannot protect additional collections operate outside the existing Presi- distinction that has led our fair Com- in the absence of the new facility. dential Library System. This is not an monwealth to be known as the ‘‘Moth- Accordingly, the Woodrow Wilson effort by the nonprofit foundation to er of Presidents.’’ The bipartisan bill Presidential Library Authorization Act secure annual operating subsidies we introduce today honors the most re- authorizes a one-time capital grant along the lines of what Congress pro- cent of the eight and a native of Staun- from the National Archives for the es- vides all Presidential Libraries in the ton, Virginia: Woodrow Wilson. tablishment of an independent Wood- existing system. Woodrow Wilson was one of the most row Wilson Presidential Library. This This legislation enjoys broad, bipar- influential statesmen, scholars, and library will serve as the center for edu- tisan, bicameral support in Congress Presidents in American history. His cation and study of Woodrow Wilson’s and broad support among individuals, impact on domestic and international life and legacies, and will enable people organizations and officials across the affairs is undeniable. Only now, nearly from this country and abroad to learn country. This bill is identical to legis- 100 years after his presidency, are we more about the life and work of our lation approved by the House of Rep- able to fully appreciate the contribu- Nation’s 28th President. To be clear, resentatives by voice vote in the 109th tions President Wilson made to the this bill would establish the Woodrow Congress on September 28, 2006, and U.S. and to the world. Wilson Presidential Library as an inde- which the entire Virginia House dele- As a professor and President of pendent, privately-run institution op- gation has reintroduced in the 110th Princeton University, Wilson created a erating outside the existing Presi- Congress. I would note that the Gov- more accountable system for higher dential Library System. ernor of Virginia has written Senator education. Through curriculum reform, The Woodrow Wilson Presidential Li- WARNER and me to endorse the project. Wilson revolutionized the roles of brary Foundation will use the Federal So too have other regional officials, teachers and students and quickly funds to offset costs associated with historians, and representatives of other made Princeton one of the most re- the construction of a 29,000 square foot Presidential sites throughout the Com- nowned universities in the world. Presidential library honoring President monwealth of Virginia, including Mon- As a scholar, Wilson wrote numerous Wilson. As planned, the library would ticello, Poplar Forest, Montpelier, Ash- books and became an accomplished es- include a research library, archives, Lawn, and Mount Vernon. sayist. Highly regarded for his work in lecture hall, reception hall, orientation This project has the potential to ben- political science, Wilson’s dissertation, theater, ceremonial space, and exhibit efit not only the greater Staunton re- entitled Congressional Government, is hall. These funds authorized under this gion, but Virginia and the Nation as a still admired today as a study of fed- legislation represent the full Federal whole, both from a historical/edu- eral lawmaking. He did this notwith- share of the project. Significantly, the cational sense and by strengthening an standing the fact that he could not bill does not authorize ongoing oper- important cultural asset in Virginia’s read until he was ten years old and ating subsidies on any other ongoing Shenandoah Valley. We are advised may have suffered from a learning dis- expenses. This is a one time authoriza- that a new building will be an open, ability such as dyslexia. tion. welcoming forum for the hundreds of As a statesman and President, Wilson The foundation’s endeavor to con- thousands of American and foreign compiled a record of domestic legisla- struct the Woodrow Wilson Presi- visitors who will visit each year to tion that set the groundwork for mod- dential Library will create the only learn about Woodrow Wilson and his

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9927 democratic legacies. The project spon- (f) AUTHORITY THROUGH FISCAL YEAR WHITEHOUSE, Mr. LOTT, Mr. DODD, Mrs. sors believe that the country’s best 2011.—The Archivist may not use the author- HUTCHISON, Mr. COLEMAN, Mr. INHOFE, Ms. museum designers will work with his- ity provided under subsection (a) after Sep- LANDRIEU, Mr. SPECTER, Mr. MENENDEZ, Mr. torians to turn the story of Woodrow tember 30, 2011. HAGEL, Mr. SCHUMER, and Mr. DORGAN)) sub- Mr. WARNER. Mr. President, I rise mitted an amendment intended to be pro- Wilson into an unforgettable experi- posed by Mr. REID to the bill H.R. 1538, to ence that is fun, educational, and per- today, along with Senator JIM WEBB, to amend title 10, United States Code, to im- manently memorable. introduce legislation that seeks to es- prove the management of medical care, per- In order to increase the awareness tablish the Woodrow Wilson Presi- sonnel actions, and quality of life issues for and understanding of the life, prin- dential Library. members of the Armed Forces who are re- ciples and accomplishments of the 28th President Woodrow Wilson was born ceiving medical care in an outpatient status, President of the U.S., I urge my col- in Staunton, VA, in 1856. He was first and for other purposes. leagues to support this legislation to elected to the Presidency in 1912 and SA 2403. Mr. CASEY (for himself and Mr. SPECTER) submitted an amendment intended ensure that Wilson’s legacy is more ac- was reelected in 1916. Throughout his to be proposed to amendment SA 2383 pro- cessible and available for a wider audi- lifetime, Wilson advocated engagement posed by Mr. BYRD (for himself and Mr. COCH- ence for years to come. I am hopeful with other nations in the search for RAN) to the bill H.R. 2638, making appropria- that the Committee on Homeland Se- peace, expansion of economic opportu- tions for the Department of Homeland Secu- curity and Governmental Affairs will nities to more Americans, commitment rity for the fiscal year ending September 30, consider this legislation favorably and to democratic principles at home and 2008, and for other purposes; which was or- dered to lie on the table. that we can enact it during the remain- abroad, and protection of the Nation’s SA 2404. Mr. MARTINEZ (for himself and der of this Congressional session. With people and institutions. He created the Ms. COLLINS) submitted an amendment in- the 100th anniversary of his election Federal Reserve and was President tended to be proposed by him to the bill H.R. just 5 years away, this is the time for when women were finally granted the 2638, supra; which was ordered to lie on the Congress to accept its responsibility to right to vote. President Wilson’s legacy table. help preserve President Woodrow Wil- and historical significance are forever SA 2405. Mr. ALEXANDER (for himself, son’s legacy and to improve its accessi- linked with his profound efforts in Ms. COLLINS, Mr. VOINOVICH, and Mr. WAR- NER) submitted an amendment intended to bility for generations. World War I and its aftermath, particu- be proposed to amendment SA 2383 proposed I ask unanimous consent that the larly with his attempts to broker a by Mr. BYRD (for himself and Mr. COCHRAN) text of the bill be printed in the lasting peace in a fractured Europe. He to the bill H.R. 2638, supra. RECORD. was a man of ideals, always maintain- SA 2406. Mr. BAUCUS (for himself, Mr. There being no objection, the text of ing a ‘‘simple faith in the freedom of SUNUNU, Mr. LEAHY, Mr. TESTER, and Mr. the bill was ordered to be printed in democracy.’’ It is the utter strength of AKAKA) submitted an amendment intended the RECORD, as follows: his faith in democracy that continues to be proposed to amendment SA 2383 pro- posed by Mr. BYRD (for himself and Mr. COCH- S. 1878 to inspire our Nation today. RAN) to the bill H.R. 2638, supra; which was Be it enacted by the Senate and House of Rep- During my time in the Senate, I have ordered to lie on the table. resentatives of the United States of America in witnessed the growth and development SA 2407. Mr. LIEBERMAN (for himself and Congress assembled, of the Woodrow Wilson Presidential Li- Ms. COLLINS) submitted an amendment in- SECTION 1. GRANTS FOR ESTABLISHMENT OF brary and have seen firsthand the bene- tended to be proposed to amendment SA 2383 THE WOODROW WILSON PRESI- proposed by Mr. BYRD (for himself and Mr. DENTIAL LIBRARY. fits it has provided for its community, COCHRAN) to the bill H.R. 2638, supra; which (a) GRANTS AUTHORIZED.—Subject to sub- the Commonwealth, and the country. was ordered to lie on the table. sections (b), (c), and (d), the Archivist of the The library has done remarkable work SA 2408. Mr. LIEBERMAN (for himself, Ms. National Archives and Records Administra- in preserving and protecting historical COLLINS, and Mr. CARPER) submitted an tion may make grants to contribute funds documents related to Woodrow Wil- amendment intended to be proposed to for the establishment in Staunton, Virginia, son’s life. Equally remarkable has been amendment SA 2383 proposed by Mr. BYRD of a library to preserve and make available (for himself and Mr. COCHRAN) to the bill materials related to the life of President its ability to share his life with com- munities around the world. H.R. 2638, supra; which was ordered to lie on Woodrow Wilson and to provide interpretive the table. and educational services that communicate As you know, Virginia is often re- SA 2409. Mr. LIEBERMAN submitted an the meaning of the life of Woodrow Wilson. ferred to as the ‘‘Birthplace of Presi- amendment intended to be proposed by him (b) LIMITATION.—A grant may be made dents,’’ as it has produced more Presi- to the bill H.R. 2638, supra; which was or- under subsection (a) only from funds appro- dents than any other State in the dered to lie on the table. priated to the Archivist specifically for that Union, eight in total. I want to respect- SA 2410. Mr. KERRY (for himself and Mr. purpose. fully acknowledge our most recent KENNEDY) submitted an amendment intended (c) CONDITIONS ON GRANTS.— to be proposed to amendment SA 2383 pro- President from the Commonwealth of (1) MATCHING REQUIREMENT.—A grant under posed by Mr. BYRD (for himself and Mr. COCH- subsection (a) may not be made until such Virginia through the recognition of RAN) to the bill H.R. 2638, supra; which was time as the entity selected to receive the this Presidential library. I can think of ordered to lie on the table. grant certifies to the Archivist that funds no better place to preserve his life’s SA 2411. Mr. LIEBERMAN submitted an have been raised from non-Federal sources work than where his life began. amendment intended to be proposed to for use to establish the library in an amount I thank you for the opportunity to amendment SA 2383 proposed by Mr. BYRD equal to at least double the amount of the speak on behalf of this important legis- (for himself and Mr. COCHRAN) to the bill grant. H.R. 2638, supra; which was ordered to lie on (2) RELATION TO OTHER WOODROW WILSON lation. I urge my colleagues to honor the table. SITES AND MUSEUMS.—The Archivist shall fur- President Wilson’s legacy by joining SA 2412. Mr. GRAHAM (for himself, Mr. ther condition a grant under subsection (a) me in support of this bill. GREGG, Mr. SESSIONS, Mr. KYL, Mr. CORNYN, on the agreement of the grant recipient to Mr. MCCONNELL, Mr. DOMENICI, Mr. MCCAIN, f operate the resulting library in cooperation Mr. SUNUNU, Mr. MARTINEZ, Mr. COLEMAN, with other Federal and non-Federal historic AMENDMENTS SUBMITTED AND and Mr. SPECTER) proposed an amendment to sites, parks, and museums that represent PROPOSED amendment SA 2383 proposed by Mr. BYRD significant locations or events in the life of (for himself and Mr. COCHRAN) to the bill Woodrow Wilson. Cooperative efforts to pro- SA 2402. Mr. REID (for Mr. LEVIN (for him- H.R. 2638, supra. mote and interpret the life of Woodrow Wil- self, Mr. AKAKA, Mr. MCCAIN, Mr. WARNER, SA 2413. Mr. MARTINEZ submitted an son may include the use of cooperative Mrs. MURRAY, Mr. GRAHAM, Mr. KENNEDY, amendment intended to be proposed to agreements, cross references, cross pro- Mr. SESSIONS, Mr. ROCKEFELLER, Ms. COL- amendment SA 2383 proposed by Mr. BYRD motion, and shared exhibits. LINS, Mr. BYRD, Mr. CHAMBLISS, Mr. OBAMA, (for himself and Mr. COCHRAN) to the bill (d) PROHIBITION OF CONTRIBUTION OF OPER- Mrs. DOLE, Mr. LIEBERMAN, Mr. CORNYN, Mr. H.R. 2638, supra; which was ordered to lie on ATING FUNDS.—Grant amounts may not be SANDERS, Mr. THUNE, Mr. REED, Mr. MAR- the table. used for the maintenance or operation of the TINEZ, Mr. BROWN, Mr. NELSON, of Florida, SA 2414. Mr. VOINOVICH (for himself, Mr. library. Mr. TESTER, Mr. NELSON, of Nebraska, Mr. AKAKA, Mr. LEVIN, Mr. CARPER, and Mrs. (e) NON-FEDERAL OPERATION.—The Archi- BAYH, Mrs. CLINTON, Mr. PRYOR, Mr. WEBB, MCCASKILL) submitted an amendment in- vist shall have no involvement in the actual Mrs. MCCASKILL, Mr. DURBIN, Ms. STABENOW, tended to be proposed to amendment SA 2383 operation of the library, except at the re- Ms. MIKULSKI, Mr. CARDIN, Mr. BIDEN, Mr. proposed by Mr. BYRD (for himself and Mr. quest of the non-Federal entity responsible BINGAMAN, Mr. HARKIN, Mr. BOND, Mr. ISAK- COCHRAN) to the bill H.R. 2638, supra; which for the operation of the library. SON, Mr. SALAZAR, Ms. KLOBUCHAR, Mr. was ordered to lie on the table.

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SA 2415. Mr. GREGG proposed an amend- amendment SA 2383 proposed by Mr. BYRD SA 2448. Mr. SCHUMER (for himself and ment to amendment SA 2412 proposed by Mr. (for himself and Mr. COCHRAN) to the bill Mrs. HUTCHISON) submitted an amendment GRAHAM (for himself, Mr. GREGG, Mr. SES- H.R. 2638, supra; which was ordered to lie on intended to be proposed to amendment SA SIONS, Mr. KYL, Mr. CORNYN, Mr. MCCONNELL, the table. 2383 proposed by Mr. BYRD (for himself and Mr. DOMENICI, Mr. MCCAIN, Mr. SUNUNU, Mr. SA 2432. Mr. CORNYN submitted an Mr. COCHRAN) to the bill H.R. 2638, supra. MARTINEZ, Mr. COLEMAN, and Mr. SPECTER) amendment intended to be proposed by him SA 2449. Mrs. DOLE submitted an amend- to the amendment SA 2383 proposed by Mr. to the bill H.R. 2638, supra; which was or- ment intended to be proposed to amendment BYRD (for himself and Mr. COCHRAN) to the dered to lie on the table. SA 2383 proposed by Mr. BYRD (for himself bill H.R. 2638, supra. SA 2433. Mr. BINGAMAN submitted an and Mr. COCHRAN) to the bill H.R. 2638, supra. SA 2416. Mr. SCHUMER submitted an amendment intended to be proposed to SA 2450. Ms. COLLINS (for herself, Mr. LIE- amendment intended to be proposed to amendment SA 2383 proposed by Mr. BYRD BERMAN, Mr. CARPER, and Mr. SANDERS) sub- amendment SA 2383 proposed by Mr. BYRD (for himself and Mr. COCHRAN) to the bill mitted an amendment intended to be pro- (for himself and Mr. COCHRAN) to the bill H.R. 2638, supra; which was ordered to lie on posed to amendment SA 2383 proposed by Mr. H.R. 2638, supra. the table. BYRD (for himself and Mr. COCHRAN) to the SA 2417. Mr. SALAZAR submitted an SA 2434. Mr. BINGAMAN submitted an bill H.R. 2638, supra; which was ordered to lie amendment intended to be proposed to amendment intended to be proposed to on the table. amendment SA 2383 proposed by Mr. BYRD amendment SA 2400 submitted by Mr. VITTER SA 2451. Mr. SESSIONS submitted an (for himself and Mr. COCHRAN) to the bill (for himself, Mr. NELSON of Florida, and Ms. amendment intended to be proposed by him H.R. 2638, supra; which was ordered to lie on STABENOW) and intended to be proposed to to the bill H.R. 2638, supra; which was or- the table. the amendment SA 2383 proposed by Mr. dered to lie on the table. SA 2418. Mr. SALAZAR submitted an BYRD (for himself and Mr. COCHRAN) to the SA 2452. Mr. SESSIONS submitted an amendment intended to be proposed to bill H.R. 2638, supra; which was ordered to lie amendment intended to be proposed to amendment SA 2383 proposed by Mr. BYRD on the table. amendment SA 2383 proposed by Mr. BYRD (for himself and Mr. COCHRAN) to the bill SA 2435. Mr. LIEBERMAN submitted an (for himself and Mr. COCHRAN) to the bill H.R. 2638, supra; which was ordered to lie on amendment intended to be proposed to H.R. 2638, supra; which was ordered to lie on the table. amendment SA 2383 proposed by Mr. BYRD the table. SA 2419. Mr. NELSON, of Florida sub- (for himself and Mr. COCHRAN) to the bill SA 2453. Mr. SESSIONS submitted an mitted an amendment intended to be pro- H.R. 2638, supra; which was ordered to lie on amendment intended to be proposed to posed to amendment SA 2400 submitted by the table. amendment SA 2383 proposed by Mr. BYRD Mr. VITTER (for himself, Mr. NELSON of Flor- SA 2436. Mrs. FEINSTEIN (for herself and (for himself and Mr. COCHRAN) to the bill ida, and Ms. STABENOW) and intended to be Mr. HAGEL) submitted an amendment in- H.R. 2638, supra; which was ordered to lie on proposed to the amendment SA 2383 proposed tended to be proposed to amendment SA 2383 the table. by Mr. BYRD (for himself and Mr. COCHRAN) proposed by Mr. BYRD (for himself and Mr. SA 2454. Mr. SESSIONS submitted an to the bill H.R. 2638, supra; which was or- COCHRAN) to the bill H.R. 2638, supra; which amendment intended to be proposed to dered to lie on the table. was ordered to lie on the table. amendment SA 2383 proposed by Mr. BYRD SA 2420. Ms. COLLINS (for herself and Mr. SA 2437. Mrs. FEINSTEIN submitted an (for himself and Mr. COCHRAN) to the bill GRASSLEY) submitted an amendment in- amendment intended to be proposed by her H.R. 2638, supra; which was ordered to lie on tended to be proposed to amendment SA 2383 to the bill H.R. 2638, supra; which was or- the table. proposed by Mr. BYRD (for himself and Mr. dered to lie on the table. SA 2455. Mr. SESSIONS (for himself and COCHRAN) to the bill H.R. 2638, supra; which SA 2438. Mrs. CLINTON submitted an Mr. INHOFE) submitted an amendment in- was ordered to lie on the table. amendment intended to be proposed by her tended to be proposed to amendment SA 2383 SA 2421. Mr. DOMENICI (for himself and to the bill H.R. 2638, supra; which was or- proposed by Mr. BYRD (for himself and Mr. Mr. DORGAN) submitted an amendment in- dered to lie on the table. COCHRAN) to the bill H.R. 2638, supra; which tended to be proposed to amendment SA 2383 SA 2439. Mr. NELSON, of Florida sub- was ordered to lie on the table. proposed by Mr. BYRD (for himself and Mr. mitted an amendment intended to be pro- SA 2456. Mr. SESSIONS submitted an COCHRAN) to the bill H.R. 2638, supra; which posed by him to the bill H.R. 2638, supra; amendment intended to be proposed to was ordered to lie on the table. which was ordered to lie on the table. amendment SA 2383 proposed by Mr. BYRD SA 2422. Mr. DOMENICI submitted an SA 2440. Mrs. MCCASKILL (for herself, Mr. (for himself and Mr. COCHRAN) to the bill amendment intended to be proposed by him OBAMA, and Mr. PRYOR) submitted an amend- H.R. 2638, supra; which was ordered to lie on to the bill H.R. 2638, supra; which was or- ment intended to be proposed to amendment the table. dered to lie on the table. SA 2383 proposed by Mr. BYRD (for himself SA 2457. Mr. SESSIONS submitted an SA 2423. Mr. DOMENICI (for himself and and Mr. COCHRAN) to the bill H.R. 2638, supra; amendment intended to be proposed to Mr. BINGAMAN) submitted an amendment in- which was ordered to lie on the table. amendment SA 2383 proposed by Mr. BYRD tended to be proposed by him to the bill H.R. SA 2441. Mrs. CLINTON submitted an (for himself and Mr. COCHRAN) to the bill 2638, supra; which was ordered to lie on the amendment intended to be proposed to H.R. 2638, supra; which was ordered to lie on table. amendment SA 2383 proposed by Mr. BYRD SA 2424. Mr. DOMENICI submitted an the table. (for himself and Mr. COCHRAN) to the bill SA 2458. Mr. SESSIONS submitted an amendment intended to be proposed by him H.R. 2638, supra; which was ordered to lie on amendment intended to be proposed by him to the bill H.R. 2638, supra; which was or- the table. to the bill H.R. 2638, supra; which was or- dered to lie on the table. SA 2442. Mr. COBURN (for himself, Mr. SA 2425. Mrs. MCCASKILL submitted an dered to lie on the table. amendment intended to be proposed to DEMINT, and Mr. MCCAIN) submitted an SA 2459. Mr. SESSIONS submitted an amendment intended to be proposed by him amendment intended to be proposed by him amendment SA 2383 proposed by Mr. BYRD to the bill H.R. 2638, supra; which was or- to the bill H.R. 2638, supra; which was or- (for himself and Mr. COCHRAN) to the bill H.R. 2638, supra. dered to lie on the table. dered to lie on the table. SA 2426. Mr. BIDEN submitted an amend- SA 2443. Mr. KYL submitted an amend- SA 2460. Mr. SESSIONS submitted an ment intended to be proposed to amendment ment intended to be proposed by him to the amendment intended to be proposed by him SA 2383 proposed by Mr. BYRD (for himself bill H.R. 2638, supra; which was ordered to lie to the bill H.R. 2638, supra; which was or- and Mr. COCHRAN) to the bill H.R. 2638, supra; on the table. dered to lie on the table. which was ordered to lie on the table. SA 2444. Mr. GRASSLEY (for himself and SA 2461. Mr. SCHUMER submitted an SA 2427. Mr. CORNYN submitted an Mr. INHOFE) submitted an amendment in- amendment intended to be proposed to amendment intended to be proposed by him tended to be proposed to amendment SA 2383 amendment SA 2383 proposed by Mr. BYRD to the bill H.R. 2638, supra; which was or- proposed by Mr. BYRD (for himself and Mr. (for himself and Mr. COCHRAN) to the bill dered to lie on the table. COCHRAN) to the bill H.R. 2638, supra. H.R. 2638, supra. SA 2428. Mr. CORNYN submitted an SA 2445. Mr. GRAHAM submitted an SA 2462. Mrs. DOLE submitted an amend- amendment intended to be proposed by him amendment intended to be proposed by him ment intended to be proposed to amendment to the bill H.R. 2638, supra; which was or- to the bill H.R. 2638, supra; which was or- SA 2383 proposed by Mr. BYRD (for himself dered to lie on the table. dered to lie on the table. and Mr. COCHRAN) to the bill H.R. 2638, supra. SA 2429. Mr. CORNYN submitted an SA 2446. Mr. BIDEN submitted an amend- SA 2463. Mr. KERRY (for himself and Ms. amendment intended to be proposed by him ment intended to be proposed to amendment SNOWE) submitted an amendment intended to the bill H.R. 2638, supra; which was or- SA 2383 proposed by Mr. BYRD (for himself to be proposed to amendment SA 2383 pro- dered to lie on the table. and Mr. COCHRAN) to the bill H.R. 2638, supra; posed by Mr. BYRD (for himself and Mr. COCH- SA 2430. Mr. CORNYN submitted an which was ordered to lie on the table. RAN) to the bill H.R. 2638, supra; which was amendment intended to be proposed to SA 2447. Mr. SCHUMER (for himself, Mr. ordered to lie on the table. amendment SA 2383 proposed by Mr. BYRD LAUTENBERG, Mrs. CLINTON, and Mr. MENEN- SA 2464. Mr. OBAMA submitted an amend- (for himself and Mr. COCHRAN) to the bill DEZ) submitted an amendment intended to be ment intended to be proposed to amendment H.R. 2638, supra. proposed to amendment SA 2383 proposed by SA 2383 proposed by Mr. BYRD (for himself SA 2431. Mr. CORNYN submitted an Mr. BYRD (for himself and Mr. COCHRAN) to and Mr. COCHRAN) to the bill H.R. 2638, supra; amendment intended to be proposed to the bill H.R. 2638, supra. which was ordered to lie on the table.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9929 SA 2465. Mr. DODD (for himself, Ms. COL- PRYOR, Mr. WEBB, Mrs. MCCASKILL, Mr. Sec. 134. Review of mental health services LINS, and Mr. BAYH) submitted an amend- DURBIN, Ms. STABENOW, Ms. MIKULSKI, and treatment for female mem- ment intended to be proposed to amendment Mr. CARDIN, Mr. BIDEN, Mr. BINGAMAN, bers of the Armed Forces and SA 2383 proposed by Mr. BYRD (for himself veterans. Mr. HARKIN, Mr. BOND, Mr. ISAKSON, and Mr. COCHRAN) to the bill H.R. 2638, supra; Sec. 135. Funding for improved diagnosis, which was ordered to lie on the table. Mr. SALAZAR, Ms. KLOBUCHAR, Mr. treatment, and rehabilitation SA 2466. Mrs. HUTCHISON (for herself, Mr. WHITEHOUSE, Mr. LOTT, Mr. DODD, Mrs. of members of the Armed BINGAMAN, Mr. DOMENICI, Mrs. FEINSTEIN, HUTCHISON, Mr. COLEMAN, Mr. INHOFE, Forces with traumatic brain in- Mr. CORNYN, and Mrs. BOXER) submitted an Ms. LANDRIEU, Mr. SPECTER, Mr. jury or post-traumatic stress amendment intended to be proposed by her MENENDEZ, Mr. HAGEL, Mr. SCHUMER, disorder. to the bill H.R. 2638, supra; which was or- and Mr. DORGAN)) submitted an amend- Sec. 136. Reports. dered to lie on the table. ment intended to be proposed by Mr. PART IV—OTHER MATTERS SA 2467. Mr. COBURN (for himself and Mr. REID to the bill H.R. 1538, to amend Sec. 141. Joint electronic health record for OBAMA) submitted an amendment intended the Department of Defense and to be proposed to amendment SA 2383 pro- title 10, United States Code, to improve the management of medical care, per- Department of Veterans Af- posed by Mr. BYRD (for himself and Mr. COCH- fairs. RAN) to the bill H.R. 2638, supra; which was sonnel actions, and quality of life Sec. 142. Enhanced personnel authorities for ordered to lie on the table. issues for members of the Armed the Department of Defense for SA 2468. Ms. LANDRIEU proposed an Forces who are receiving medical care health care professionals for amendment to amendment SA 2383 proposed in an outpatient status, and for other care and treatment of wounded by Mr. BYRD (for himself and Mr. COCHRAN) purposes; as follows: and injured members of the to the bill H.R. 2638, supra. Armed Forces. SA 2469. Mr. COCHRAN (for himself and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 143. Personnel shortages in the mental Mr. LOTT) submitted an amendment intended (a) SHORT TITLE.—This Act may be cited as health workforce of the Depart- to be proposed to amendment SA 2383 pro- the ‘‘Dignified Treatment of Wounded War- ment of Defense, including per- posed by Mr. BYRD (for himself and Mr. COCH- riors Act’’. sonnel in the mental health RAN) to the bill H.R. 2638, supra; which was (b) TABLE OF CONTENTS.—The table of con- workforce. ordered to lie on the table. tents for this Act is as follows: Subtitle C—Disability Matters SA 2470. Mr. STEVENS submitted an Sec. 1. Short title; table of contents. PART I—DISABILITY EVALUATIONS amendment intended to be proposed to TITLE I—WOUNDED WARRIOR MATTERS amendment SA 2383 proposed by Mr. BYRD Sec. 151. Utilization of veterans’ presump- Sec. 101. General definitions. (for himself and Mr. COCHRAN) to the bill tion of sound condition in es- H.R. 2638, supra; which was ordered to lie on Subtitle A—Policy on Care, Management, tablishing eligibility of mem- the table. and Transition of Servicemembers With bers of the Armed Forces for re- SA 2471. Mr. STEVENS submitted an Serious Injuries or Illnesses tirement for disability. amendment intended to be proposed to Sec. 111. Comprehensive policy on care, Sec. 152. Requirements and limitations on amendment SA 2383 proposed by Mr. BYRD management, and transition of Department of Defense deter- (for himself and Mr. COCHRAN) to the bill members of the Armed Forces minations of disability with re- H.R. 2638, supra; which was ordered to lie on with serious injuries or ill- spect to members of the Armed the table. nesses. Forces. SA 2472. Mrs. CLINTON submitted an Sec. 112. Consideration of needs of women Sec. 153. Review of separation of members of amendment intended to be proposed to members of the Armed Forces the Armed Forces separated amendment SA 2383 proposed by Mr. BYRD and veterans. from service with a disability (for himself and Mr. COCHRAN) to the bill Subtitle B—Health Care rating of 20 percent disabled or H.R. 2638, supra; which was ordered to lie on less. PART I—ENHANCED AVAILABILITY OF CARE the table. Sec. 154. Pilot programs on revised and im- FOR SERVICEMEMBERS SA 2473. Mr. OBAMA (for himself, Mr. proved disability evaluation COBURN, and Mr. CASEY) submitted an Sec. 121. Medical care and other benefits for system for members of the amendment intended to be proposed to members and former members Armed Forces. amendment SA 2383 proposed by Mr. BYRD of the Armed Forces with se- Sec. 155. Reports on Army action plan in re- (for himself and Mr. COCHRAN) to the bill vere injuries or illnesses. sponse to deficiencies in the H.R. 2638, supra; which was ordered to lie on Sec. 122. Reimbursement of certain former Army physical disability eval- the table. members of the uniformed serv- uation system. SA 2474. Mrs. CLINTON (for herself, Mr. ices with service-connected dis- PART II—OTHER DISABILITY MATTERS KENNEDY, Mr. SCHUMER, Mr. LAUTENBERG, abilities for travel for follow-on Sec. 161. Enhancement of disability sever- Mr. AKAKA, Mr. LIEBERMAN, Mr. KERRY, Ms. specialty care and related serv- ance pay for members of the COLLINS, Ms. MIKULSKI, Mr. CARDIN, and Mr. ices. Armed Forces. MENENDEZ) submitted an amendment in- PART II—CARE AND SERVICES FOR Sec. 162. Traumatic Servicemembers’ Group tended to be proposed to amendment SA 2383 DEPENDENTS Life Insurance. proposed by Mr. BYRD (for himself and Mr. Sec. 126. Medical care and services and sup- Sec. 163. Electronic transfer from the De- COCHRAN) to the bill H.R. 2638, supra; which port services for families of partment of Defense to the De- was ordered to lie on the table. members of the Armed Forces partment of Veterans Affairs of SA 2475. Mr. STEVENS submitted an recovering from serious injuries documents supporting eligi- amendment intended to be proposed to or illnesses. bility for benefits. amendment SA 2383 proposed by Mr. BYRD Sec. 127. Extended benefits under TRICARE Sec. 164. Assessments of temporary dis- (for himself and Mr. COCHRAN) to the bill for primary caregivers of mem- ability retired list. H.R. 2638, supra; which was ordered to lie on bers of the uniformed services Subtitle D—Improvement of Facilities the table. who incur a serious injury or Housing Patients SA 2476. Mr. COCHRAN (for Mr. GRASSLEY) illness on active duty. Sec. 171. Standards for military medical proposed an amendment to amendment SA PART III—TRAUMATIC BRAIN INJURY treatment facilities, specialty 2383 proposed by Mr. BYRD (for himself and AND POST-TRAUMATIC STRESS DIS- medical care facilities, and Mr . COCHRAN) to the bill H.R. 2638, supra. ORDER military quarters housing pa- f Sec. 131. Comprehensive plans on preven- tients. Sec. 172. Reports on Army action plan in re- TEXT OF AMENDMENTS tion, diagnosis, mitigation, and treatment of traumatic brain sponse to deficiencies identified SA 2402. Mr. REID (for Mr. LEVIN (for injury and post-traumatic at Walter Reed Army Medical himself, Mr. AKAKA, Mr. MCCAIN, Mr. stress disorder in members of Center. WARNER, Mrs. MURRAY, Mr. GRAHAM, the Armed Forces. Sec. 173. Construction of facilities required for the closure of Walter Reed Mr. KENNEDY, Mr. SESSIONS, Mr. Sec. 132. Improvement of medical tracking system for members of the Army Medical Center, District ROCKEFELLER, Ms. COLLINS, Mr. BYRD, of Columbia. Mr. CHAMBLISS, Mr. OBAMA, Mrs. DOLE, Armed Forces deployed over- seas. Subtitle E—Outreach and Related Mr. LIEBERMAN, Mr. CORNYN, Mr. SAND- Sec. 133. Centers of excellence in the preven- Information on Benefits ERS, Mr. THUNE, Mr. REED, Mr. MAR- tion, diagnosis, mitigation, Sec. 181. Handbook for members of the TINEZ, Mr. BROWN, Mr. NELSON of Flor- treatment, and rehabilitation Armed Forces on compensation ida, Mr. TESTER, Mr. NELSON of Ne- of traumatic brain injury and and benefits available for seri- braska, Mr. BAYH, Mrs. CLINTON, Mr. post-traumatic stress disorder. ous injuries and illnesses.

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Subtitle F—Other Matters need of health care based on a medical condi- (3) ELEMENTS.—In conducting the review, Sec. 191. Study on physical and mental tion identified while the member is on active the Secretary of Defense and the Secretary health and other readjustment duty in the Armed Forces. of Veterans Affairs shall— needs of members and former (5) The term ‘‘serious injury or illness’’, in (A) identify among the policies and proce- members of the Armed Forces the case of a member of the Armed Forces, dures described in paragraph (1) best prac- who deployed in Operation Iraqi means an injury or illness incurred by the tices in approaches to the care and manage- Freedom and Operation Endur- member in line of duty on active duty in the ment described in that paragraph; ing Freedom and their families. Armed Forces that may render the member (B) identify among such policies and proce- medically unfit to perform the duties of the dures existing and potential shortfalls in TITLE II—VETERANS MATTERS member’s office, grade, rank, or rating. such care and management (including care Sec. 201. Sense of Congress on Department (6) The term ‘‘TRICARE program’’ has the and management of covered servicemembers of Veterans Affairs efforts in meaning given that term in section 1072(7) of on the temporary disability retired list), and the rehabilitation and re- title 10, United States Code. determine means of addressing any shortfalls integration of veterans with Subtitle A—Policy on Care, Management, and so identified; traumatic brain injury. Transition of Servicemembers With Serious (C) determine potential modifications of Sec. 202. Individual rehabilitation and com- Injuries or Illnesses such policies and procedures in order to en- munity reintegration plans for SEC. 111. COMPREHENSIVE POLICY ON CARE, sure consistency and uniformity among the veterans and others with trau- MANAGEMENT, AND TRANSITION OF military departments and the regions of the matic brain injury. MEMBERS OF THE ARMED FORCES Department of Veterans Affairs in their ap- Sec. 203. Use of non-Department of Veterans WITH SERIOUS INJURIES OR ILL- plication and discharge; and Affairs facilities for implemen- NESSES. (D) develop recommendations for legisla- tation of rehabilitation and (a) COMPREHENSIVE POLICY REQUIRED.— tive and administrative action necessary to community reintegration plans (1) IN GENERAL.—Not later than January 1, implement the results of the review. 2008, the Secretary of Defense and the Sec- for traumatic brain injury. (4) DEADLINE FOR COMPLETION.—The review Sec. 204. Research, education, and clinical retary of Veterans Affairs shall, to the ex- shall be completed not later than 90 days tent feasible, jointly develop and implement care program on severe trau- after the date of the enactment of this Act. matic brain injury. a comprehensive policy on the care and man- (c) CONSIDERATION OF FINDINGS, REC- Sec. 205. Pilot program on assisted living agement of members of the Armed Forces OMMENDATIONS, AND PRACTICES.—In devel- services for veterans with trau- who are undergoing medical treatment, recu- oping the policy required by this section, the matic brain injury. peration, or therapy, are otherwise in med- Secretary of Defense and the Secretary of Sec. 206. Research on traumatic brain in- ical hold or medical holdover status, or are Veterans Affairs shall take into account the jury. otherwise on the temporary disability re- following: Sec. 207. Age-appropriate nursing home care. tired list for a serious injury or illness (here- (1) The findings and recommendations of Sec. 208. Extension of period of eligibility after in this section referred to as a ‘‘covered applicable studies, reviews, reports, and for health care for combat serv- servicemembers’’). evaluations that address matters relating to ice in the Persian Gulf war or (2) SCOPE OF POLICY.—The policy shall the policy, including, but not limited, to the future hostilities. cover each of the following: following: Sec. 209. Mental health: service-connection (A) The care and management of covered (A) The Independent Review Group on Re- status and evaluations for cer- servicemembers while in medical hold or habilitative Care and Administrative Proc- tain veterans. medical holdover status or on the temporary esses at Walter Reed Army Medical Center Sec. 210. Modification of requirements for disability retired list. and National Naval Medical Center ap- furnishing outpatient dental (B) The medical evaluation and disability pointed by the Secretary of Defense. services to veterans with a evaluation of covered servicemembers. (B) The Secretary of Veterans Affairs Task service-connected dental condi- (C) The return of covered servicemembers Force on Returning Global War on Terror tion or disability. to active duty when appropriate. Heroes appointed by the President. Sec. 211. Demonstration program on pre- (D) The transition of covered (C) The President’s Commission on Care venting veterans at-risk of servicemembers from receipt of care and for America’s Returning Wounded Warriors. homelessness from becoming services through the Department of Defense (D) The Veterans’ Disability Benefits Com- homeless. to receipt of care and services through the mission established by title XV of the Na- Sec. 212. Clarification of purpose of the out- Department of Veterans Affairs. tional Defense Authorization Act for Fiscal reach services program of the (3) CONSULTATION.—The Secretary of De- Year 2004 (Public Law 108–136; 117 Stat. 1676; Department of Veterans Af- fense and the Secretary of Veterans Affairs 38 U.S.C. 1101 note). fairs. shall develop the policy in consultation with the heads of other appropriate departments (E) The President’s Commission on Vet- TITLE I—WOUNDED WARRIOR MATTERS and agencies of the Federal Government and erans’ Pensions, of 1956, chaired by General SEC. 101. GENERAL DEFINITIONS. with appropriate non-governmental organi- Omar N. Bradley. In this title: zations having an expertise in matters relat- (F) The Report of the Congressional Com- (1) The term ‘‘appropriate committees of ing to the policy. mission on Servicemembers and Veterans Congress’’ means— (4) UPDATE.—The Secretary of Defense and Transition Assistance, of 1999, chaired by (A) the Committees on Armed Services and the Secretary of Veterans Affairs shall joint- Anthony J. Principi. Veterans’ Affairs of the Senate; and ly update the policy on a periodic basis, but (G) The President’s Task Force to Improve (B) the Committees on Armed Services and not less often than annually, in order to in- Health Care Delivery for Our Nation’s Vet- Veterans’ Affairs of the House of Representa- corporate in the policy, as appropriate, the erans, of March 2003. tives. results of the reviews under subsections (b) (2) The experience and best practices of the (2) The term ‘‘covered member of the and (c) and the best practices identified Department of Defense and the military de- Armed Forces’’ means a member of the through pilot programs under section 154. partments on matters relating to the policy. Armed Forces, including a member of the (b) REVIEW OF CURRENT POLICIES AND PRO- (3) The experience and best practices of the National Guard or a Reserve, who is under- CEDURES.— Department of Veterans Affairs on matters going medical treatment, recuperation, or (1) REVIEW REQUIRED.—In developing the relating to the policy. therapy, is otherwise in medical hold or med- policy required by this section, the Sec- (4) Such other matters as the Secretary of ical holdover status, or is otherwise on the retary of Defense and the Secretary of Vet- Defense and the Secretary of Veterans Af- temporary disability retired list for a serious erans Affairs shall, to the extent necessary, fairs consider appropriate. injury or illness. jointly and separately conduct a review of (d) PARTICULAR ELEMENTS OF POLICY.—The (3) The term ‘‘family member’’, with re- all policies and procedures of the Depart- policy required by this section shall provide, spect to a member of the Armed Forces or a ment of Defense and the Department of Vet- in particular, the following: veteran, has the meaning given that term in erans Affairs that apply to, or shall be cov- (1) RESPONSIBILITY FOR COVERED section 411h(b) of title 37, United States ered by, the policy. SERVICEMEMBERS IN MEDICAL HOLD OR MED- Code. (2) PURPOSE.—The purpose of the review ICAL HOLDOVER STATUS OR ON TEMPORARY DIS- (4) The term ‘‘medical hold or medical shall be to identify the most effective and ABILITY RETIRED LIST.—Mechanisms to en- holdover status’’ means— patient-oriented approaches to care and sure responsibility for covered (A) the status of a member of the Armed management of covered servicemembers for servicemembers in medical hold or medical Forces, including a member of the National purposes of— holdover status or on the temporary dis- Guard or Reserve, assigned or attached to a (A) incorporating such approaches into the ability retired list, including the following: military hospital for medical care; and policy; and (A) Uniform standards for access of covered (B) the status of a member of a reserve (B) extending such approaches, where ap- servicemembers to non-urgent health care component of the Armed Forces who is sepa- plicable, to care and management of other services from the Department of Defense or rated, whether pre-deployment or post-de- injured or ill members of the Armed Forces other providers under the TRICARE pro- ployment, from the member’s unit while in and veterans. gram, with such access to be—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9931 (i) for follow-up care, within 2 days of re- the temporary disability retired list during physical disability evaluations of covered quest of care; their transition from care and treatment servicemembers, including the following: (ii) for specialty care, within 3 days of re- through the Department of Defense to care (i) A non-adversarial process of the Depart- quest of care; and treatment through the Department of ment of Defense and the Department of Vet- (iii) for diagnostic referrals and studies, Veterans Affairs. erans Affairs for disability determinations of within 5 days of request; and (N) Requirements and standards for advis- covered servicemembers. (iv) for surgery based on a physician’s de- ing and training, as appropriate, family (ii) To the extent feasible, procedures to termination of medical necessity, within 14 members with respect to care for covered eliminate unacceptable discrepancies among days of request. servicemembers in medical hold or medical disability ratings assigned by the military (B) Requirements for the assignment of holdover status or on the temporary dis- departments and the Department of Vet- adequate numbers of personnel for the pur- ability retired list with serious medical con- erans Affairs, particularly in the disability pose of responsibility for and administration ditions, particularly traumatic brain injury evaluation of covered servicemembers, which of covered servicemembers in medical hold (TBI), burns, and post-traumatic stress dis- procedures shall be subject to the following or medical holdover status or on the tem- order (PTSD). requirements and limitations: porary disability retired list. (O) Requirements for periodic reassess- (I) Such procedures shall apply uniformly (C) Requirements for the assignment of ments of covered servicemembers, and limits with respect to covered servicemembers who adequate numbers of medical personnel and on the length of time such servicemembers are members of the regular components of non-medical personnel to roles and respon- may be retained in medical hold or medical the Armed Forces and covered sibilities for caring for and administering holdover status or on the temporary dis- servicemembers who are members of the Na- covered servicemembers in medical hold or ability retired list. tional Guard and Reserve. medical holdover status or on the temporary (P) Requirements to inform covered (II) Under such procedures, each Secretary disability retired list, and a description of servicemembers and their family members of of a military department shall, to the extent the roles and responsibilities of personnel so their rights and responsibilities while in feasible, utilize the standard schedule for assigned. medical hold or medical holdover status or rating disabilities in use by the Department (D) Guidelines for the location of care for of Veterans Affairs, including any applicable covered servicemembers in medical hold or on the temporary disability retired list. medical holdover status or on the temporary (Q) The requirement to establish a Depart- interpretation of such schedule by the disability retired list, which guidelines shall ment of Defense-wide Ombudsman Office United States Court of Appeals for Veterans address the assignment of such within the Office of the Secretary of Defense Claims, in making any determination of dis- servicemembers to care and residential fa- to provide oversight of the ombudsman of- ability of a covered servicemember. cilities closest to their duty station or home fices in the military departments and policy (iii) Standard timelines for appeals of de- of record or the location of their designated guidance to such offices with respect to pro- terminations of disability of covered caregiver at the earliest possible time. viding assistance to, and answering ques- servicemembers, including timelines for (E) Criteria for work and duty assignments tions from, covered servicemembers and presentation, consideration, and disposition of covered servicemembers in medical hold their families. of appeals. or medical holdover status or on the tem- (2) MEDICAL EVALUATION AND PHYSICAL DIS- (iv) Uniform standards for qualifications porary disability retired list, including a ABILITY EVALUATION FOR COVERED and training of physical disability evalua- prohibition on the assignment of duty to a SERVICEMEMBERS.— tion board personnel in conducting physical servicemember which is incompatible with (A) MEDICAL EVALUATIONS.—Processes, pro- disability evaluations of covered the servicemember’s medical condition. cedures, and standards for medical evalua- servicemembers. (F) Guidelines for the provision of care and tions of covered servicemembers, including (v) Standards for the maximum number of counseling for eligible family members of the following: physical disability evaluation cases of cov- covered servicemembers in medical hold or (i) Processes for medical evaluations of ered servicemembers that are pending before medical holdover status or on the temporary covered servicemembers that are— a physical disability evaluation board at any disability retired list. (I) applicable uniformly throughout the one time, and requirements for the establish- (G) Requirements for case management of military departments; and ment of additional physical disability eval- covered servicemembers in medical hold or (II) applicable uniformly with respect to uation boards in the event such number is medical holdover status or on the temporary such servicemembers who are members of exceeded. disability retired list, including qualifica- the regular components of the Armed Forces (vi) Procedures for the provision of legal tions for personnel providing such case man- and such servicemembers who are members counsel to covered servicemembers while un- agement. of the National Guard and Reserve. dergoing evaluation by a physical disability (H) Requirements for uniform quality of (ii) Standard criteria and definitions for evaluation board. care and administration for all covered determining the achievement for covered (vii) Uniform standards on the roles and re- servicemembers in medical hold or medical servicemembers of the maximum medical sponsibilities of case managers, servicemem- holdover status or on the temporary dis- benefit from treatment and rehabilitation. ber advocates, and judge advocates assigned ability retired list, whether members of the (iii) Standard timelines for each of the fol- to covered servicemembers undergoing eval- regular components of the Armed Forces or lowing: uation by a physical disability board, and members of the reserve components of the (I) Determinations of fitness for duty of uniform standards on the maximum number Armed Forces. covered servicemembers. of cases involving such servicemembers that (I) Standards for the conditions and acces- (II) Specialty consultations for covered are to be assigned to such managers and ad- sibility of residential facilities for covered servicemembers. vocates. servicemembers in medical hold or medical (III) Preparation of medical documents for (C) RETURN OF COVERED SERVICEMEMBERS holdover status or on the temporary dis- covered servicemembers. TO ACTIVE DUTY.—Standards for determina- ability retired list who are in outpatient sta- (IV) Appeals by covered servicemembers of tions by the military departments on the re- tus, and for their immediate family mem- medical evaluation determinations, includ- turn of covered servicemembers to active bers. ing determinations of fitness for duty. duty in the Armed Forces. (J) Requirements on the provision of trans- (iv) Uniform standards for qualifications (D) TRANSITION OF COVERED portation and subsistence for covered and training of medical evaluation board SERVICEMEMBERS FROM DOD TO VA.—Proc- servicemembers in medical hold or medical personnel, including physicians, case work- esses, procedures, and standards for the tran- holdover status or on the temporary dis- ers, and physical disability evaluation board sition of covered servicemembers from care ability retired list, whether in inpatient sta- liaison officers, in conducting medical eval- and treatment by the Department of Defense tus or outpatient status, to facilitate obtain- uations of covered servicemembers. to care and treatment by the Department of ing needed medical care and services. (v) Standards for the maximum number of Veterans Affairs before, during, and after (K) Requirements on the provision of edu- medical evaluation cases of covered separation from the Armed Forces, including cational and vocational training and reha- servicemembers that are pending before a the following: bilitation opportunities for covered medical evaluation board at any one time, (i) A uniform, patient-focused policy to en- servicemembers in medical hold or medical and requirements for the establishment of sure that the transition occurs without gaps holdover status or on the temporary dis- additional medical evaluation boards in the in medical care and the quality of medical ability retired list. event such number is exceeded. care, benefits, and services. (L) Procedures for tracking and informing (vi) Uniform standards for information for (ii) Procedures for the identification and covered servicemembers in medical hold or covered servicemembers, and their families, tracking of covered servicemembers during medical holdover status or on the temporary on the medical evaluation board process and the transition, and for the coordination of disability retired list about medical evalua- the rights and responsibilities of such care and treatment of such servicemembers tion board and physical disability evaluation servicemembers under that process, includ- during the transition, including a system of board processing. ing a standard handbook on such informa- cooperative case management of such (M) Requirements for integrated case man- tion. servicemembers by the Department of De- agement of covered servicemembers in med- (B) PHYSICAL DISABILITY EVALUATIONS.— fense and the Department of Veterans Af- ical hold or medical holdover status or on Processes, procedures, and standards for fairs during the transition.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9932 CONGRESSIONAL RECORD — SENATE July 25, 2007 (iii) Procedures for the notification of De- propriate committees of Congress a report on subsection for any period before the date of partment of Veterans Affairs liaison per- the policy, including a comprehensive and the enactment of this Act; or sonnel of the commencement by covered detailed description of the policy and of the (ii) in the case of a member or former servicemembers of the medical evaluation manner in which the policy addresses the member whose severe injury or illness con- process and the physical disability evalua- findings and recommendations of the reviews cerned is incurred or aggravated on or after tion process. under subsections (b) and (c). the date of the enactment of this Act, during (iv) Procedures and timelines for the en- (2) REPORTS ON UPDATE.—Upon updating the three-year period beginning on the date rollment of covered servicemembers in appli- the policy under subsection (a)(4), the Sec- on which such injury or illness is so incurred cable enrollment or application systems of retary of Defense and the Secretary of Vet- or aggravated. the Department of Veterans with respect to erans Affairs shall jointly submit to the ap- (B) The period of care authorized for a health care, disability, education, vocational propriate committees of Congress a report on member or former member under this para- rehabilitation, or other benefits. the update of the policy, including a com- graph may be extended by the Secretary con- (v) Procedures to ensure the access of cov- prehensive and detailed description of such cerned for an additional period of up to two ered servicemembers during the transition to update and of the reasons for such update. years if the Secretary concerned determines vocational, educational, and rehabilitation (f) COMPTROLLER GENERAL ASSESSMENT OF that such extension is necessary to assure benefits available through the Department of IMPLEMENTATION.—Not later than six months the maximum feasible recovery and rehabili- Veterans Affairs. after the date of the enactment of this Act tation of the member or former member. (vi) Standards for the optimal location of and every year thereafter, the Comptroller Any such determination shall be made on a Department of Defense and Department of General of the United States shall submit to case-by-case basis. Veterans Affairs liaison and case manage- the appropriate committees of Congress a re- (3) INTEGRATED CARE MANAGEMENT.—The ment personnel at military medical treat- port setting forth the assessment of the Secretary of Defense shall provide for a pro- ment facilities, medical centers, and other Comptroller General of the progress of the gram of integrated care management in the medical facilities of the Department of De- Secretary of Defense and the Secretary of provision of care and services under this sub- fense. Veterans Affairs in developing and imple- section, which management shall be pro- (vii) Standards and procedures for inte- menting the policy required by this section. vided by appropriate medical and case man- grated medical care and management for agement personnel of the Department of De- SEC. 112. CONSIDERATION OF NEEDS OF WOMEN covered servicemembers during the transi- MEMBERS OF THE ARMED FORCES fense and the Department of Veterans Af- tion, including procedures for the assign- AND VETERANS. fairs (as approved by the Secretary of Vet- ment of medical personnel of the Depart- (a) IN GENERAL.—In developing and imple- erans Affairs) and with appropriate support ment of Veterans Affairs to Department of menting the policy required by section 111, from the Department of Defense regional Defense facilities to participate in the needs and in otherwise carrying out any other pro- health care support contractors. assessments of such servicemembers before, vision of this title or any amendment made (4) WAIVER OF LIMITATIONS TO MAXIMIZE during, and after their separation from mili- by this title, the Secretary of Defense and CARE.—The Secretary of Defense may, in pro- tary service. the Secretary of Veterans Affairs shall take viding medical and dental care to a member (viii) Standards for the preparation of de- into account and fully address any unique or former member under this subsection dur- tailed plans for the transition of covered specific needs of women members of the ing the period referred to in paragraph (2), servicemembers from care and treatment by Armed Forces and women veterans under waive any limitation otherwise applicable the Department of Defense to care and treat- such policy or other provision. under chapter 55 of title 10, United States ment by the Department of Veterans Affairs, (b) REPORTS.—In submitting any report re- Code, to the provision of such care to the which plans shall be based on standardized quired by this title or an amendment made member or former member if the Secretary elements with respect to care and treatment by this title, the Secretary of Defense and considers the waiver appropriate to assure requirements and other applicable require- the Secretary of Veterans Affairs shall, to the maximum feasible recovery and rehabili- ments. the extent applicable, include a description tation of the member or former member. (E) OTHER MATTERS.—The following addi- of the manner in which the matters covered (5) CONSTRUCTION WITH ELIGIBILITY FOR VET- tional matters with respect to covered by such report address the unique specific ERANS BENEFITS.—Nothing in this subsection servicemembers: needs of women members of the Armed shall be construed to reduce, alter, or other- (i) Access by the Department of Veterans Forces and women veterans. wise affect the eligibility or entitlement of a Affairs to the military health records of cov- member or former member of the Armed ered servicemembers who are receiving care Subtitle B—Health Care Forces to any health care, disability, or and treatment, or are anticipating receipt of PART I—ENHANCED AVAILABILITY OF other benefits to which the member of care and treatment, in Department of Vet- CARE FOR SERVICEMEMBERS former member would otherwise be eligible erans Affairs health care facilities. SEC. 121. MEDICAL CARE AND OTHER BENEFITS or entitled as a veteran under the laws ad- (ii) Requirements for utilizing, in appro- FOR MEMBERS AND FORMER MEM- ministered by the Secretary of Veterans Af- priate cases, a single physical examination BERS OF THE ARMED FORCES WITH fairs. that meets requirements of both the Depart- SEVERE INJURIES OR ILLNESSES. (6) SUNSET.—The Secretary of Defense may ment of Defense and the Department of Vet- (a) MEDICAL AND DENTAL CARE FOR MEM- not provide medical or dental care to a mem- erans Affairs for covered servicemembers BERS AND FORMER MEMBERS.— ber or former member of the Armed Forces who are being retired, separated, or released (1) IN GENERAL.—Effective as of the date of under this subsection after December 31, from military service. the enactment of this Act and subject to reg- 2012, if the Secretary has not provided med- (iii) Surveys and other mechanisms to ulations prescribed by the Secretary of De- ical or dental care to the member or former measure patient and family satisfaction with fense, any covered member of the Armed member under this subsection before that the provision by the Department of Defense Forces, and any former member of the date. and the Department of Veterans Affairs of Armed Forces, with a severe injury or illness (b) REHABILITATION AND VOCATIONAL BENE- care and services for covered is entitled to medical and dental care in any FITS.— servicemembers, and to facilitate appro- facility of the uniformed services under sec- (1) IN GENERAL.—Effective as of the date of priate oversight by supervisory personnel of tion 1074(a) of title 10, United States Code, or the enactment of this Act, a member of the the provision of such care and services. through any civilian health care provider au- Armed Forces with a severe injury or illness (3) REPORT ON REDUCTION IN DISABILITY RAT- thorized by the Secretary to provide health is entitled to such benefits (including reha- INGS BY THE DEPARTMENT OF DEFENSE.—The and mental health services to members of bilitation and vocational benefits, but not Secretary of Defense shall submit a report to the uniformed services, including traumatic including compensation) from the Secretary the Committees on Armed Services of the brain injury (TBI) and post-traumatic stress of Veterans Affairs to facilitate the recovery Senate and House of Representatives on the disorder (PTSD), as if such member or and rehabilitation of such member as the number of instances in which a disability former member were a member of the uni- Secretary otherwise provides to members of rating assigned to a member of the Armed formed services described in paragraph (2) of the Armed Forces receiving medical care in Forces by an informal physical evaluation such section who is entitled to medical and medical facilities of the Department of Vet- board of the Department of Defense was re- dental care under such section. erans Affairs facilities in order to facilitate duced upon appeal, and the reasons for such (2) PERIOD OF AUTHORIZED CARE.—(A) Ex- the recovery and rehabilitation of such mem- reduction. Such report shall cover the period cept as provided in subparagraph (B), a mem- bers. beginning October 7, 2001, and ending Sep- ber or former member described in paragraph (2) LIMITATIONS.—The provisions of para- tember 30, 2006, and shall be submitted to the (1) is entitled to care under that paragraph— graphs (2) through (6) of subsection (a) shall appropriate committees of Congress by Feb- (i) in the case of a member or former mem- apply to the provision of benefits under this ruary 1, 2008. ber whose severe injury or illness concerned subsection as if the benefits provided under (e) REPORTS.— is incurred or aggravated during the period this subsection were provided under sub- (1) REPORT ON POLICY.—Upon the develop- beginning on October 7, 2001, and ending on section (a). ment of the policy required by this section the date of the enactment of this Act, during (3) REIMBURSEMENT.—The Secretary of De- but not later than January 1, 2008, the Sec- the three-year period beginning on the date fense shall reimburse the Secretary of Vet- retary of Defense and the Secretary of Vet- of the enactment of this Act, except that no erans Affairs for the cost of any benefits pro- erans Affairs shall jointly submit to the ap- compensation is payable by reason of this vided under this subsection in accordance

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9933 with applicable mechanisms for the reim- uary 1, 2008, and shall apply with respect to (2) by inserting after paragraph (1) the fol- bursement of the Secretary of Veterans Af- travel that occurs on or after that date. lowing new paragraph (2): fairs for the provision of medical care to PART II—CARE AND SERVICES FOR ‘‘(2)(A) Subject to such terms, conditions, members of the Armed Forces. DEPENDENTS and exceptions as the Secretary of Defense (c) RECOVERY OF CERTAIN EXPENSES OF SEC. 126. MEDICAL CARE AND SERVICES AND considers appropriate, the program of ex- MEDICAL CARE AND RELATED TRAVEL.— SUPPORT SERVICES FOR FAMILIES tended benefits for eligible dependents under (1) IN GENERAL.—Commencing not later OF MEMBERS OF THE ARMED this subsection shall include extended bene- than 60 days after the date of the enactment FORCES RECOVERING FROM SERI- fits for the primary caregivers of members of of this Act, the Secretary of the military de- OUS INJURIES OR ILLNESSES. the uniformed services who incur a serious (a) MEDICAL CARE.— partment concerned may reimburse covered injury or illness on active duty. members of the Armed Forces, and former (1) IN GENERAL.—A family member of a cov- members of the Armed Forces, with a severe ered member of the Armed Forces who is not ‘‘(B) The Secretary of Defense shall pre- injury or illness for covered expenses in- otherwise eligible for medical care at a mili- scribe in regulations the individuals who curred by such members or former members, tary medical treatment facility or at med- shall be treated as the primary caregivers of or their family members, in connection with ical facilities of the Department of Veterans a member of the uniformed services for pur- the receipt by such members or former mem- Affairs shall be eligible for such care at such poses of this paragraph. bers of medical care that is required for such facilities, on a space-available basis, if the ‘‘(C) For purposes of this section, a serious injury or illness. family member is— injury or illness, with respect to a member of (2) COVERED EXPENSES.—Expenses for which (A) on invitational orders while caring for the uniformed services, is an injury or illness reimbursement may be made under para- the covered member of the Armed Forces; that may render the member medically unfit graph (1) include the following: (B) a non-medical attendee caring for the to perform the duties of the member’s office, (A) Expenses for health care services for covered member of the Armed Forces; or grade, rank, or rating and that renders a which coverage would be provided under sec- (C) receiving per diem payments from the member of the uniformed services dependant tion 1074(c) of title 10, United States Code, Department of Defense while caring for the upon a caregiver.’’. for members of the uniformed services on ac- covered member of the Armed Forces. (b) EFFECTIVE DATE.—The amendments tive duty. (2) SPECIFICATION OF FAMILY MEMBERS.— made by subsection (a) shall take effect on (B) Expenses of travel of a non-medical at- Notwithstanding section 101(3), the Sec- January 1, 2008. tendant who accompanies a member or retary of Defense and the Secretary of Vet- former member of the Armed Forces for re- erans Affairs shall jointly prescribe in regu- PART III—TRAUMATIC BRAIN INJURY AND quired medical care that is not available to lations the family members of covered mem- POST-TRAUMATIC STRESS DISORDER such member or former member locally, if bers of the Armed Forces who shall be con- SEC. 131. COMPREHENSIVE PLANS ON PREVEN- such attendant is appointed for that purpose sidered to be a family member of a covered TION, DIAGNOSIS, MITIGATION, AND by a competent medical authority (as deter- member of the Armed Forces for purposes of TREATMENT OF TRAUMATIC BRAIN mined under regulations prescribed by the paragraph (1). INJURY AND POST-TRAUMATIC Secretary of Defense for purposes of this sub- (3) SPECIFICATION OF CARE.—(A) The Sec- STRESS DISORDER IN MEMBERS OF section). retary of Defense shall prescribe in regula- THE ARMED FORCES. (C) Such other expenses for medical care as tions the medical care and counseling that (a) PLANS REQUIRED.—Not later than 180 the Secretary may prescribe for purposes of shall be available to family members under days after the date of the enactment of this this subsection. paragraph (1) at military medical treatment Act, the Secretary of Defense shall, in con- (3) AMOUNT OF REIMBURSEMENT.—The facilities. sultation with the Secretary of Veterans Af- amount of reimbursement under paragraph (B) The Secretary of Veterans Affairs shall fairs, submit to the congressional defense (1) for expenses covered by paragraph (2) prescribe in regulations the medical care and committees one or more comprehensive shall be determined in accordance with regu- counseling that shall be available to family plans for programs and activities of the De- lations prescribed by the Secretary of De- members under paragraph (1) at medical fa- partment of Defense to prevent, diagnose, fense for purposes of this subsection. cilities of the Department of Veterans Af- mitigate, treat, and otherwise respond to (d) SEVERE INJURY OR ILLNESS DEFINED.—In fairs. traumatic brain injury (TBI) and post-trau- this section, the term ‘‘severe injury or ill- (4) RECOVERY OF COSTS.—The United States matic stress disorder (PTSD) in members of ness’’ means any serious injury or illness may recover the costs of the provision of the Armed Forces. that is assigned a disability rating of 30 per- medical care and counseling under paragraph (b) ELEMENTS.—Each plan submitted under cent or higher under the schedule for rating (1) as follows (as applicable): subsection (a) shall include comprehensive disabilities in use by the Department of De- (A) From third-party payers, in the same proposals of the Department on the fol- fense. manner as the United States may collect lowing: SEC. 122. REIMBURSEMENT OF CERTAIN FORMER costs of the charges of health care provided (1) The designation by the Secretary of De- MEMBERS OF THE UNIFORMED to covered beneficiaries from third-party fense of a lead agent or executive agent for SERVICES WITH SERVICE-CON- payers under section 1095 of title 10, United NECTED DISABILITIES FOR TRAVEL the Department to coordinate development States Code. and implementation of the plan. FOR FOLLOW-ON SPECIALTY CARE (B) As if such care and counseling was pro- AND RELATED SERVICES. (2) The improvement of personnel protec- vided under the authority of section 1784 of (a) TRAVEL.—Section 1074i of title 10, tive equipment for members of the Armed title 38, United States Code. United States Code, is amended— Forces in order to prevent traumatic brain (b) JOB PLACEMENT SERVICES.—A family injury. (1) by redesignating subsection (b) as sub- member who is on invitational orders or is a (3) The improvement of methods and mech- section (c); and non-medical attendee while caring for a cov- anisms for the detection and treatment of (2) by inserting after subsection (a) the fol- ered member of the Armed Forces for more traumatic brain injury and post-traumatic lowing new subsection (b): than 45 days during a one-year period shall ‘‘(b) FOLLOW-ON SPECIALTY CARE AND RE- stress disorder in members of the Armed be eligible for job placement services other- LATED SERVICES.—In any case in which a Forces in the field. wise offered by the Department of Defense. (4) The requirements for research on trau- former member of a uniformed service who (c) REPORT ON NEED FOR ADDITIONAL SERV- matic brain injury and post-traumatic stress incurred a disability while on active duty in ICES.—Not later than 90 days after the date a combat zone or during performance of duty of the enactment of this Act, the Secretary disorder, including (in particular) research in combat related operations (as designated of Defense shall submit to the congressional on pharmacological approaches to treatment by the Secretary of Defense), and is entitled defense committees a report setting forth for traumatic brain injury or post-traumatic to retired or retainer pay, or equivalent pay, the assessment of the Secretary of the need stress disorder, as applicable, and the alloca- requires follow-on specialty care, services, or for additional employment services, and of tion of priorities among such research. supplies related to such disability at a spe- the need for employment protection, of fam- (5) The development, adoption, and deploy- cific military treatment facility more than ily members described in subsection (b) who ment of diagnostic criteria for the detection 100 miles from the location in which the are placed on leave from employment or oth- and evaluation of the range of traumatic former member resides, the Secretary shall erwise displaced from employment while car- brain injury and post-traumatic stress dis- provide reimbursement for reasonable travel ing for a covered member of the Armed order in members of the Armed Forces, expenses comparable to those provided under Forces as described in that subsection. which criteria shall be employed uniformly subsection (a) for the former member, and across the military departments in all appli- SEC. 127. EXTENDED BENEFITS UNDER TRICARE when accompaniment by an adult is deter- FOR PRIMARY CAREGIVERS OF MEM- cable circumstances, including provision of mined by competent medical authority to be BERS OF THE UNIFORMED SERVICES clinical care and assessment of future necessary, for a spouse, parent, or guardian WHO INCUR A SERIOUS INJURY OR deployability of members of the Armed of the former member, or another member of ILLNESS ON ACTIVE DUTY. Forces. the former member’s family who is at least (a) IN GENERAL.—Section 1079(d) of title 10, (6) The development and deployment of ef- 21 years of age.’’. United States Code, is amended— fective means of assessing traumatic brain (b) EFFECTIVE DATE.—The amendments (1) by redesignating paragraphs (2) and (3) injury and post-traumatic stress disorder in made by subsection (a) shall take effect Jan- as paragraphs (3) and (4), respectively; and members of the Armed Forces, including a

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9934 CONGRESSIONAL RECORD — SENATE July 25, 2007 system of pre-deployment and post-deploy- the Secretary of Defense shall, upon request ‘‘(B) The protocol under subparagraph (A) ment screenings of cognitive ability in mem- of the participant, provide to such partici- shall include appropriate mechanisms to per- bers for the detection of cognitive impair- pant a referral to another Department of De- mit the differential diagnosis of traumatic ment, as required by the amendments made fense or Department of Veterans Affairs pro- brain injury in members returning from de- by section 132. vider of medical or rehabilitative care for a ployment in a combat zone.’’. (7) The development and deployment of ef- second opinion regarding the care that would (2) PILOT PROJECTS.—(A) In developing the fective means of managing and monitoring meet the standard of care specified in such protocol required by paragraph (3) of section members of the Armed Forces with trau- subparagraph. 1074f(b) of title 10, United States Code (as matic brain injury or post-traumatic stress (18) The provision of information by the amended by paragraph (1) of this subsection), disorder in the receipt of care for traumatic Secretary of Defense to members of the for purposes of assessments for traumatic brain injury or post-traumatic stress dis- Armed Forces with traumatic brain injury or brain injury, the Secretary of Defense shall order, as applicable, including the moni- post-traumatic stress disorder and their fam- conduct up to three pilot projects to evalu- toring and assessment of treatment and out- ilies about their rights with respect to the ate various mechanisms for use in the pro- comes. following: tocol for such purposes. One of the mecha- (8) The development and deployment of an (A) The receipt of medical and mental nisms to be so evaluated shall be a com- education and awareness training initiative health care from the Department of Defense puter-based assessment tool. designed to reduce the negative stigma asso- and the Department of Veterans Affairs. (B) Not later than 60 days after the com- ciated with traumatic brain injury, post- (B) The options available to such members pletion of the pilot projects conducted under traumatic stress disorder, and mental health for treatment of traumatic brain injury and this paragraph, the Secretary shall submit treatment. post-traumatic stress disorder. to the appropriate committees of Congress a (9) The provision of education and outreach (C) The options available to such members report on the pilot projects. The report shall to families of members of the Armed Forces for rehabilitation. include— with traumatic brain injury or post-trau- (D) The options available to such members (i) a description of the pilot projects so matic stress disorder on a range of matters for a referral to a public or private provider conducted; relating to traumatic brain injury or post- of medical or rehabilitative care. (ii) an assessment of the results of each traumatic stress disorder, as applicable, in- (E) The right to administrative review of such pilot project; and cluding detection, mitigation, and treat- any decision with respect to the provision of (iii) a description of any mechanisms eval- ment. care by the Department of Defense for such uated under each such pilot project that will (10) The assessment of the current capabili- members. incorporated into the protocol. ties of the Department for the prevention, (c) COORDINATION IN DEVELOPMENT.—Each (C) Not later than 180 days after comple- diagnosis, mitigation, treatment, and reha- plan submitted under subsection (a) shall be tion of the pilot projects conducted under bilitation of traumatic brain injury and developed in coordination with the Secretary this paragraph, the Secretary shall establish post-traumatic stress disorder in members of of the Army (who was designated by the Sec- a mechanism for implementing any mecha- the Armed Forces. retary of Defense as executive agent for the nism evaluated under such a pilot project (11) The identification of gaps in current prevention, mitigation, and treatment of that is selected for incorporation in the pro- capabilities of the Department for the pre- blast injuries under section 256 of the Na- tocol. vention, diagnosis, mitigation, treatment, tional Defense Authorization Act for Fiscal (D) There is hereby authorized to be appro- and rehabilitation of traumatic brain injury Year 2006 (Public Law 109–163; 119 Stat. 3181; priated to the Department of Defense, and post-traumatic stress disorder in mem- 10 U.S.C. 1071 note)). $3,000,000 for the pilot projects authorized by bers of the Armed Forces. (d) ADDITIONAL ACTIVITIES.—In carrying this paragraph. Of the amount so authorized (12) The identification of the resources re- out programs and activities for the preven- to be appropriated, not more than $1,000,000 quired for the Department in fiscal years tion, diagnosis, mitigation, and treatment of shall be available for any particular pilot 2009 thru 2013 to address the gaps in capabili- traumatic brain injury and post-traumatic project. ties identified under paragraph (11). stress disorder in members of the Armed (b) QUALITY ASSURANCE.—Subsection (d)(2) (13) The development of joint planning Forces, the Secretary of Defense shall— of section 1074f of title 10, United States among the Department of Defense, the mili- (1) examine the results of the recently Code, is amended by adding at the end the tary departments, and the Department of completed Phase 2 study, funded by the Na- following new subparagraph: Veterans Affairs for the prevention, diag- tional Institutes of Health, on the use of pro- ‘‘(F) The diagnosis and treatment of trau- nosis, mitigation, treatment, and rehabilita- gesterone for acute traumatic brain injury; matic brain injury and post-traumatic stress tion of traumatic brain injury and post-trau- (2) determine if Department of Defense disorder.’’. (c) STANDARDS FOR DEPLOYMENT.—Sub- matic stress disorder in members of the funding for a Phase 3 clinical trial on the use section (f) of such section is amended— Armed Forces, including planning for the of progesterone for acute traumatic brain in- (1) in the subsection heading, by striking seamless transition of such members from jury, or for further research regarding the ‘‘MENTAL HEALTH’’; and care through the Department of Defense care use of progesterone or its metabolites for (2) in paragraph (2)(B), by striking ‘‘or’’ through the Department of Veterans Affairs. treatment of traumatic brain injury, is war- and inserting ‘‘, traumatic brain injury, or’’. (14) A requirement that exposure to a blast ranted; and or blasts be recorded in the records of mem- (3) provide for the collaboration of the De- SEC. 133. CENTERS OF EXCELLENCE IN THE PRE- bers of the Armed Forces. VENTION, DIAGNOSIS, MITIGATION, partment of Defense, as appropriate, in clin- TREATMENT, AND REHABILITATION (15) The development of clinical practice ical trials and research on pharmacological guidelines for the diagnosis and treatment of OF TRAUMATIC BRAIN INJURY AND approaches to treatment for traumatic brain POST-TRAUMATIC STRESS DIS- blast injuries in members of the Armed injury and post-traumatic stress disorder ORDER. Forces, including, but not limited to, trau- that is conducted by other departments and (a) CENTER OF EXCELLENCE ON TRAUMATIC matic brain injury. agencies of the Federal Government. BRAIN INJURY.—Chapter 55 of title 10, United (16) A program under which each member SEC. 132. IMPROVEMENT OF MEDICAL TRACKING States Code, is amended by inserting after of the Armed Forces who incurs a traumatic SYSTEM FOR MEMBERS OF THE section 1105 the following new section: brain injury or post-traumatic stress dis- ARMED FORCES DEPLOYED OVER- ‘‘§ 1105a. Center of Excellence in Prevention, order during service in the Armed Forces— SEAS. Diagnosis, Mitigation, Treatment, and Re- (A) is enrolled in the program; and (a) PROTOCOL FOR ASSESSMENT OF COG- habilitation of Traumatic Brain Injury (B) receives, under the program, treatment NITIVE FUNCTIONING.— ‘‘(a) IN GENERAL.—The Secretary of De- and rehabilitation meeting a standard of (1) PROTOCOL REQUIRED.—Subsection (b) of fense shall establish within the Department care such that each individual who is a mem- section 1074f of title 10, United States Code, of Defense a center of excellence in the pre- ber of the Armed Forces who qualifies for is amended— vention, diagnosis, mitigation, treatment, care under the program shall— (A) in paragraph (2), by adding at the end and rehabilitation of traumatic brain injury (i) be provided the highest quality of care the following new subparagraph: (TBI), including mild, moderate, and severe possible based on the medical judgment of ‘‘(C) An assessment of post-traumatic traumatic brain injury, to carry out the re- qualified medical professionals in facilities stress disorder.’’; and sponsibilities specified in subsection (c). The that most appropriately meet the specific (B) by adding at the end the following new center shall be known as a ‘Center of Excel- needs of the individual; and paragraph: lence in Prevention, Diagnosis, Mitigation, (ii) be rehabilitated to the fullest extent ‘‘(3)(A) The Secretary shall establish for Treatment, and Rehabilitation of Traumatic possible using the most up-to-date medical purposes of subparagraphs (B) and (C) of Brain Injury’. technology, medical rehabilitation practices, paragraph (2) a protocol for the ‘‘(b) PARTNERSHIPS.—The Secretary shall and medical expertise available. predeployment assessment and documenta- ensure that the Center collaborates to the (17) A requirement that if a member of the tion of the cognitive (including memory) maximum extent practicable with the De- Armed Forces participating in a program es- functioning of a member who is deployed partment of Veterans Affairs, institutions of tablished in accordance with paragraph (16) outside the United States in order to facili- higher education, and other appropriate pub- believes that care provided to such partici- tate the assessment of the postdeployment lic and private entities (including inter- pant does not meet the standard of care spec- cognitive (including memory) functioning of national entities) to carry out the respon- ified in subparagraph (B) of such paragraph, the member. sibilities specified in subsection (c).

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‘‘(c) RESPONSIBILITIES.—The Center shall ‘‘(14) To develop a program on comprehen- ‘‘(9) To conduct research on the unique have responsibilities as follows: sive pain management, including manage- mental health needs of women members of ‘‘(1) To direct and oversee, based on expert ment of acute and chronic pain, to utilize the armed forces, including victims of sexual research, the development and implementa- current and develop new treatments for pain, assault, with post-traumatic stress disorder tion of a long-term, comprehensive plan and and to identify and disseminate best prac- and develop treatments to meet any needs strategy for the Department of Defense for tices on pain management. identified through such research. the prevention, diagnosis, mitigation, treat- ‘‘(15) Such other responsibilities as the ‘‘(10) To conduct research on the unique ment, and rehabilitation of traumatic brain Secretary shall specify.’’. mental health needs of ethnic minority injury. (b) CENTER OF EXCELLENCE ON POST-TRAU- members of the armed forces with post-trau- ‘‘(2) To provide for the development, test- MATIC STRESS DISORDER.—Chapter 55 of such matic stress disorder and develop treatments ing, and dissemination within the Depart- title is further amended by inserting after to meet any needs identified through such ment of best practices for the treatment of section 1105a, as added by subsection (a), the research. traumatic brain injury. following new section: ‘‘(11) To conduct research on the mental ‘‘(3) To provide guidance for the mental ‘‘§ 1105b. Center of Excellence in Prevention, health needs of families of members of the health system of the Department in deter- Diagnosis, Mitigation, Treatment, and Re- armed forces with post-traumatic stress dis- mining the mental health and neurological habilitation of Post-Traumatic Stress Dis- order and develop treatments to meet any health personnel required to provide quality order needs identified through such research. mental health care for members of the ‘‘(a) IN GENERAL.—The Secretary of De- ‘‘(12) To develop and oversee a long-term armed forces with traumatic brain injury. fense shall establish within the Department plan to increase the number of mental health ‘‘(4) To establish, implement, and oversee a of Defense a center of excellence in the pre- and neurological health professionals within comprehensive program to train mental vention, diagnosis, mitigation, treatment, the Department in order to facilitate the health and neurological health professionals and rehabilitation of post-traumatic stress meeting by the Department of the needs of of the Department in the treatment of trau- disorder (PTSD), including mild, moderate, members of the armed forces with post-trau- matic brain injury. and severe post-traumatic stress disorder, to matic stress disorder until their transition ‘‘(5) To facilitate advancements in the carry out the responsibilities specified in to care and treatment from the Department study of the short-term and long-term psy- subsection (c). The center shall be known as of Veterans Affairs. chological effects of traumatic brain injury. a ‘Center of Excellence in Prevention, Diag- ‘‘(13) To develop a program on comprehen- ‘‘(6) To disseminate within the military nosis, Mitigation, Treatment, and Rehabili- sive pain management, including manage- medical treatment facilities of the Depart- tation of Post-Traumatic Stress Disorder’. ment of acute and chronic pain, to utilize ment best practices for training mental ‘‘(b) PARTNERSHIPS.—The Secretary shall current and develop new treatments for pain, health professionals, including neurological ensure that the Center collaborates to the and to identify and disseminate best prac- maximum extent practicable with the Na- health professionals, with respect to trau- tices on pain management. tional Center for Post-Traumatic Stress Dis- matic brain injury. ‘‘(14) Such other responsibilities as the order of the Department of Veterans Affairs, ‘‘(7) To conduct basic science and Secretary shall specify.’’. translational research on traumatic brain in- institutions of higher education, and other jury for the purposes of understanding the appropriate public and private entities (in- (c) CLERICAL AMENDMENT.—The table of etiology of traumatic brain injury and devel- cluding international entities) to carry out sections at the beginning of chapter 55 of oping preventive interventions and new the responsibilities specified in subsection such title is amended by inserting after the treatments. (c). item relating to section 1105 the following ‘‘(8) To develop outreach strategies and ‘‘(c) RESPONSIBILITIES.—The Center shall new items: treatments for families of members of the have responsibilities as follows: ‘‘1105a. Center of Excellence in Prevention, armed forces with traumatic brain injury in ‘‘(1) To direct and oversee, based on expert Diagnosis, Mitigation, Treat- order to mitigate the negative impacts of research, the development and implementa- ment, and Rehabilitation of traumatic brain injury on such family mem- tion of a long-term, comprehensive plan and Traumatic Brain Injury. bers and to support the recovery of such strategy for the Department of Defense for members from traumatic brain injury. the prevention, diagnosis, mitigation, treat- ‘‘1105b. Center of Excellence in Prevention, ‘‘(9) To conduct research on the unique ment, and rehabilitation of post-traumatic Diagnosis, Mitigation, Treat- mental health needs of women members of stress disorder. ment, and Rehabilitation of the armed forces with traumatic brain injury ‘‘(2) To provide for the development, test- Post-Traumatic Stress Dis- and develop treatments to meet any needs ing, and dissemination within the Depart- order.’’. identified through such research. ment of best practices for the treatment of (d) REPORT ON ESTABLISHMENT.—Not later ‘‘(10) To conduct research on the unique post-traumatic stress disorder. than 180 days after the date of the enactment mental health needs of ethnic minority ‘‘(3) To provide guidance for the mental members of the armed forces with traumatic health system of the Department in deter- of this Act, the Secretary of Defense shall brain injury and develop treatments to meet mining the mental health and neurological submit to Congress a report on the establish- any needs identified through such research. health personnel required to provide quality ment of the Center of Excellence in Preven- ‘‘(11) To conduct research on the mental mental health care for members of the tion, Diagnosis, Mitigation, Treatment, and health needs of families of members of the armed forces with post-traumatic stress dis- Rehabilitation of Traumatic Brain Injury re- armed forces with traumatic brain injury order. quired by section 1105a of title 10, United and develop treatments to meet any needs ‘‘(4) To establish, implement, and oversee a States Code (as added by subsection (a)), and identified through such research. comprehensive program to train mental the establishment of the Center of Excel- ‘‘(12) To conduct longitudinal studies health and neurological health professionals lence in Prevention, Diagnosis, Mitigation, (using imaging technology and other proven of the Department in the treatment of post- Treatment, and Rehabilitation of Post-Trau- research methods) on members of the armed traumatic stress disorder. matic Stress Disorder required by section forces with traumatic brain injury to iden- ‘‘(5) To facilitate advancements in the 1105b of title 10, United States Code (as added tify early signs of Alzheimer’s disease, Par- study of the short-term and long-term psy- by subsection (b)). The report shall, for each kinson’s disease, or other manifestations of chological effects of post-traumatic stress such Center— neurodegeneration in such members, which disorder. (1) describe in detail the activities and pro- studies should be conducted in coordination ‘‘(6) To disseminate within the military posed activities of such Center; and with the studies authorized by section 721 of medical treatment facilities of the Depart- (2) assess the progress of such Center in the John Warner National Defense Author- ment best practices for training mental discharging the responsibilities of such Cen- ization Act for Fiscal Year 2007 (Public Law health professionals, including neurological ter. 109–364; 120 Stat. 2294) and other studies of health professionals, with respect to post- (e) AUTHORIZATION OF APPROPRIATIONS.— the Department of Defense and the Depart- traumatic stress disorder. There is hereby authorized to be appro- ment of Veterans Affairs that address the ‘‘(7) To conduct basic science and priated for fiscal year 2008 for the Depart- connection between exposure to combat and translational research on post-traumatic ment of Defense for Defense Health Program, the development of Alzheimer’s disease, Par- stress disorder for the purposes of under- $10,000,000, of which— kinson’s disease, and other standing the etiology of post-traumatic (1) $5,000,000 shall be available for the Cen- neurodegenerative disorders. stress disorder and developing preventive ter of Excellence in Prevention, Diagnosis, ‘‘(13) To develop and oversee a long-term interventions and new treatments. Mitigation, Treatment, and Rehabilitation plan to increase the number of mental health ‘‘(8) To develop outreach strategies and of Traumatic Brain Injury required by sec- and neurological health professionals within treatments for families of members of the tion 1105a of title 10, United States Code; and the Department in order to facilitate the armed forces with post-traumatic stress dis- (2) $5,000,000 shall be available for the Cen- meeting by the Department of the needs of order in order to mitigate the negative im- ter of Excellence in Prevention, Diagnosis, members of the armed forces with traumatic pacts of traumatic brain injury on such fam- Mitigation, Treatment, and Rehabilitation brain injury until their transition to care ily members and to support the recovery of of Post-Traumatic Stress Disorder required and treatment from the Department of Vet- such members from post-traumatic stress by section 1105b of title 10, United States erans Affairs. disorder. Code.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9936 CONGRESSIONAL RECORD — SENATE July 25, 2007 SEC. 134. REVIEW OF MENTAL HEALTH SERVICES subsection (a) for Defense Health Program is PART IV—OTHER MATTERS AND TREATMENT FOR FEMALE MEM- in addition to any other amounts authorized SEC. 141. JOINT ELECTRONIC HEALTH RECORD BERS OF THE ARMED FORCES AND to be appropriated by this Act for Defense VETERANS. FOR THE DEPARTMENT OF DEFENSE Health Program. AND DEPARTMENT OF VETERANS (a) COMPREHENSIVE REVIEW.—The Sec- AFFAIRS. retary of Defense and the Secretary of Vet- SEC. 136. REPORTS. (a) IN GENERAL.—The Secretary of Defense erans Affairs shall jointly conduct a com- (a) REPORTS ON IMPLEMENTATION OF CER- and the Secretary of Veterans Affairs shall prehensive review of— TAIN REQUIREMENTS.—Not later than 90 days jointly— (1) the need for mental health treatment after the date of the enactment of this Act, (1) develop and implement a joint elec- and services for female members of the the Secretary of Defense shall submit to the tronic health record for use by the Depart- Armed Forces and veterans; and congressional defense committees a report ment of Defense and the Department of Vet- (2) the efficacy and adequacy of existing describing the progress in implementing the erans Affairs; and mental health treatment programs and serv- requirements as follows: (2) accelerate the exchange of health care ices for female members of the Armed Forces (1) The requirements of section 721 of the information between the Department of De- and veterans. John Warner National Defense Authorization fense and the Department of Veterans Af- (b) ELEMENTS.—The review required by Act for Fiscal Year 2007 (Public Law 109–364; fairs in order to support the delivery of subsection (a) shall include, but not be lim- 120 Stat. 2294), relating to a longitudinal health care by both Departments. ited to, an assessment of the following: study on traumatic brain injury incurred by EPARTMENT OF DEFENSE-DEPARTMENT (1) The need for mental health outreach, (b) D members of the Armed Forces in Operation OF VETERANS AFFAIRS INTERAGENCY PROGRAM prevention, and treatment services specifi- Iraqi Freedom and Operation Enduring Free- OFFICE FOR A JOINT ELECTRONIC HEALTH cally for female members of the Armed dom. RECORD.— Forces and veterans. (2) The requirements arising from the (1) IN GENERAL.—There is hereby estab- (2) The access to and efficacy of existing amendments made by section 738 of the John lished a joint element of the Department of mental health outreach, prevention, and Warner National Defense Authorization Act Defense and the Department of Veterans Af- treatment services and programs (including for Fiscal Year 2007 (120 Stat. 2303), relating fairs to be known as the ‘‘Department of De- substance abuse programs) for female vet- to enhanced mental health screening and fense-Department of Veterans Affairs Inter- erans who served in a combat zone. services for members of the Armed Forces. agency Program Office for a Joint Electronic (3) The access to and efficacy of services (3) The requirements of section 741 of the Health Record’’ (in this section referred to as and treatment for female members of the John Warner National Defense Authorization the ‘‘Office’’). Armed Forces and veterans who experience Act for Fiscal Year 2007 (120 Stat. 2304), re- URPOSES.—The purposes of the Office post-traumatic stress disorder (PTSD). (2) P lating to pilot projects on early diagnosis shall be as follows: (4) The availability of services and treat- and treatment of post-traumatic stress dis- (A) To act as a single point of account- ment for female members of the Armed order and other mental health conditions. ability for the Department of Defense and Forces and veterans who experienced sexual the Department of Veterans Affairs in the assault or abuse. (b) ANNUAL REPORTS ON EXPENDITURES FOR rapid development, test, and implementation (5) The access to and need for treatment fa- ACTIVITIES ON TBI AND PTSD.— of a joint electronic health record for use by cilities focusing on the mental health care (1) REPORTS REQUIRED.—Not later than the Department of Defense and the Depart- needs of female members of the Armed March 1, 2008, and each year thereafter ment of Veterans Affairs. Forces and veterans. through 2013, the Secretary of Defense shall (B) To accelerate the exchange of health (6) The need for further clinical research submit to the congressional defense commit- care information between Department of De- on the unique needs of female veterans who tees a report setting forth the amounts ex- fense and the Department of Veterans Af- served in a combat zone. pended by the Department of Defense during the preceding calendar year on activities de- fairs in order to support the delivery of (c) REPORT.—Not later than 90 days after the date of the enactment of this Act, the scribed in paragraph (2), including the health care by both Departments. Secretary of Defense and the Secretary of amount allocated during such calendar year (c) LEADERSHIP.— Veterans Affairs shall jointly submit to the to the Defense and Veterans Brain Injury (1) DIRECTOR.—The Director of the Depart- appropriate committees of Congress a report Center of the Department. ment of Defense-Department of Veterans Af- on the review required by subsection (a). (2) COVERED ACTIVITIES.—The activities de- fairs Interagency Program Office for a Joint scribed in this paragraph are activities as Electronic Health Record shall be the head (d) POLICY REQUIRED.—Not later than 120 days after the date of the enactment of this follows: of the Office. Act, the Secretary of Defense and the Sec- (A) Activities relating to the improved di- (2) DEPUTY DIRECTOR.—The Deputy Direc- retary of Veterans Affairs shall jointly de- agnosis, treatment, and rehabilitation of tor of the Department of Defense-Depart- velop a comprehensive policy to address the members of the Armed Forces with trau- ment of Veterans Affairs Interagency Pro- treatment and care needs of female members matic brain injury (TBI). gram Office for a Joint Electronic Health of the Armed Forces and veterans who expe- (B) Activities relating to the improved di- Record shall be the deputy head of the office rience mental health problems and condi- agnosis, treatment, and rehabilitation of and shall assist the Director in carrying out tions, including post-traumatic stress dis- members of the Armed Forces with post- the duties of the Director. order. The policy shall take into account and traumatic stress disorder (PTSD). (3) APPOINTMENTS.—(A) The Director shall reflect the results of the review required by (3) ELEMENTS.—Each report under para- be appointed by the Secretary of Defense, subsection (a). graph (1) shall include— with the concurrence of the Secretary of (A) a description of the amounts expended Veterans Affairs, from among employees of SEC. 135. FUNDING FOR IMPROVED DIAGNOSIS, as described in that paragraph, including a the Department of Defense and the Depart- TREATMENT, AND REHABILITATION OF MEMBERS OF THE ARMED description of the activities for which ex- ment of Veterans Affairs in the Senior Exec- FORCES WITH TRAUMATIC BRAIN IN- pended; utive Service who are qualified to direct the JURY OR POST-TRAUMATIC STRESS (B) a description and assessment of the development and acquisition of major infor- DISORDER. outcome of such activities; mation technology capabilities. (a) AUTHORIZATION OF APPROPRIATIONS.— (C) a statement of priorities of the Depart- (B) The Deputy Director shall be appointed (1) IN GENERAL.—Funds are hereby author- ment in activities relating to the prevention, by the Secretary of Veterans Affairs, with ized to be appropriated for fiscal year 2008 for diagnosis, research, treatment, and rehabili- the concurrence of the Secretary of Defense, the Department of Defense for Defense tation of traumatic brain injury in members from among employees of the Department of Health Program in the amount of $50,000,000, of the Armed Forces during the year in Defense and the Department of Veterans Af- with such amount to be available for activi- which such report is submitted and in future fairs in the Senior Executive Service who are ties as follows: calendar years; qualified to direct the development and ac- (A) Activities relating to the improved di- (D) a statement of priorities of the Depart- quisition of major information technology agnosis, treatment, and rehabilitation of ment in activities relating to the prevention, capabilities. members of the Armed Forces with trau- diagnosis, research, treatment, and rehabili- (4) ADDITIONAL GUIDANCE.—In addition to matic brain injury (TBI). tation of post-traumatic stress disorder in the direction, supervision, and control pro- (B) Activities relating to the improved di- members of the Armed Forces during the vided by the Secretary of Defense and the agnosis, treatment, and rehabilitation of year in which such report is submitted and Secretary of Veterans Affairs, the Office members of the Armed Forces with post- in future calendar years; and shall also receive guidance from the Depart- traumatic stress disorder (PTSD). (E) an assessment of the progress made to- ment of Veterans Affairs-Department of De- (2) AVAILABILITY OF AMOUNT.—Of the ward achieving the priorities stated in sub- fense Joint Executive Committee under sec- amount authorized to be appropriated by paragraphs (C) and (D) in the report under tion 320 of title 38, United States Code, in the paragraph (1), $17,000,000 shall be available paragraph (1) in the previous year, and a de- discharge of the functions of the Office under for the Defense and Veterans Brain Injury scription of any actions planned during the this section. Center of the Department of Defense. year in which such report is submitted to (5) TESTIMONY.—Upon request by any of the (b) SUPPLEMENT NOT SUPPLANT.—The achieve any unfulfilled priorities during such appropriate committees of Congress, the Di- amount authorized to be appropriated by year. rector and the Deputy Director shall testify

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9937 before such committee regarding the dis- fice during the preceding calendar year. ment for members of the armed forces who charge of the functions of the Office under Each report shall include, for the year cov- are wounded or injured on active duty in the this section. ered by such report, the following: armed forces and to support the ongoing pa- (d) FUNCTION.—The function of the Office (A) A detailed description of the activities tient care and medical readiness, education, shall be to develop and prepare for deploy- of the Office, including a detailed description and training requirements of the Depart- ment, by not later than September 30, 2010, a of the amounts expended and the purposes ment of Defense. joint electronic health record to be utilized for which expended. ‘‘(b) RECRUITMENT OF PERSONNEL.—(1) The by both the Department of Defense and the (B) An assessment of the progress made by Secretaries of the military departments Department of Veterans Affairs in the provi- the Department of Defense and the Depart- shall each develop and implement a strategy sion of medical care and treatment to mem- ment of Veterans Affairs in the development to disseminate among appropriate personnel bers of the Armed Forces and veterans, and implementation of the joint electronic of the military departments authorities and which health record shall comply with appli- health record described in subsection (d). best practices for the recruitment of medical cable interoperability standards, implemen- (2) AVAILABILITY TO PUBLIC.—The Secretary and health professionals, including the au- tation specifications, and certification cri- of Defense and the Secretary of Veterans Af- thorities under subsection (a). teria (including for the reporting of quality fairs shall make available to the public each ‘‘(2) Each strategy under paragraph (1) measures) of the Federal Government. report submitted under paragraph (1), includ- shall— (e) SCHEDULES AND BENCHMARKS.—Not later ing by posting such report on the Internet ‘‘(A) assess current recruitment policies, than 30 days after the date of the enactment website of the Department of Defense and procedures, and practices of the military de- of this Act, the Secretary of Defense and the the Department of Veterans Affairs, respec- partment concerned to assure that such Secretary of Veterans Affairs shall jointly tively, that is available to the public. strategy facilitates the implementation of establish a schedule and benchmarks for the (i) COMPTROLLER GENERAL ASSESSMENT OF efficiencies which reduce the time required discharge by the Office of its function under IMPLEMENTATION.—Not later than six months to fill vacant positions for medical and this section, including each of the following: after the date of the enactment of this Act health professionals; and (1) A schedule for the establishment of the and every six months thereafter until the ‘‘(B) clearly identify processes and actions Office. completion of the implementation of the that will be used to inform and educate mili- (2) A schedule and deadline for the estab- joint electronic health record described in tary and civilian personnel responsible for lishment of the requirements for the joint subsection (d), the Comptroller General of the recruitment of medical and health pro- electronic health record described in sub- the United States shall submit to the appro- fessionals.’’. section (d), including coordination with the priate committees of Congress a report set- (b) CLERICAL AMENDMENT.—The table of Office of the National Coordinator for Health ting forth the assessment of the Comptroller sections at the beginning of chapter 81 of Information Technology in the development General of the progress of the Department of such title is amended by striking the item of a nationwide interoperable health infor- Defense and the Department of Veterans Af- relating to section 1599c and inserting the mation technology infrastructure. fairs in developing and implementing the following new item: (3) A schedule and associated deadlines for joint electronic health record. ‘‘1599c. Health care professionals: enhanced any acquisition and testing required in the (j) FUNDING.— appointment and compensation development and deployment of the joint (1) IN GENERAL.—The Secretary of Defense electronic health record. and the Secretary of Veterans Affairs shall authority for personnel for care (4) A schedule and associated deadlines and each contribute equally to the costs of the and treatment of wounded and requirements for the deployment of the joint Office in fiscal year 2008 and fiscal years injured members of the armed electronic health record. thereafter. The amount so contributed by forces.’’. (5) Proposed funding for the Office for each each Secretary in fiscal year 2008 shall be up (c) REPORTS ON STRATEGIES ON RECRUIT- of fiscal years 2009 through 2013 for the dis- to $10,000,000. MENT OF MEDICAL AND HEALTH PROFES- charge of its function. (2) SOURCE OF FUNDS.—(A) Amounts con- SIONALS.—Not later than six months after (f) PILOT PROJECTS.— tributed by the Secretary of Defense under the date of the enactment of this Act, each (1) AUTHORITY.—In order to assist the Of- paragraph (1) shall be derived from amounts Secretary of a military department shall fice in the discharge of its function under authorized to be appropriated for the Depart- submit to the congressional defense commit- this section, the Secretary of Defense and ment of Defense for the Defense Health Pro- tees a report setting forth the strategy de- the Secretary of Veterans Affairs may, act- gram and available for program management veloped by such Secretary under section ing jointly, carry out one or more pilot and technology resources. 1599c(b) of title 10, United States Code, as projects to assess the feasability and advis- (B) Amounts contributed by the Secretary added by subsection (a). ability of various technological approaches of Veterans Affairs under paragraph (1) shall SEC. 143. PERSONNEL SHORTAGES IN THE MEN- to the achievement of the joint electronic be derived from amounts authorized to be ap- TAL HEALTH WORKFORCE OF THE health record described in subsection (d). propriated for the Department of Veterans DEPARTMENT OF DEFENSE, INCLUD- (2) TREATMENT AS SINGLE HEALTH CARE SYS- Affairs for Medical Care and available for ING PERSONNEL IN THE MENTAL TEM.—For purposes of each pilot project car- program management and technology re- HEALTH WORKFORCE. ried out under this subsection, the health sources. (a) RECOMMENDATIONS ON MEANS OF AD- care system of the Department of Defense (k) JOINT ELECTRONIC HEALTH RECORD DE- DRESSING SHORTAGES.— and the health care system of the Depart- FINED.—In this section, the term ‘‘joint elec- (1) REPORT.—Not later than 45 days after ment of Veterans Affairs shall be treated as tronic health record’’ means a single system the date of the enactment of this Act, the a single health care system for purposes of that includes patient information across the Secretary of Defense shall submit to the the regulations promulgated under section continuum of medical care, including inpa- Committees on Armed Services of the Senate 264(c) of the Health Insurance Portability tient care, outpatient care, pharmacy care, and the House of Representatives a report and Accountability Act of 1996 (42 U.S.C. patient safety, and rehabilitative care. setting forth the recommendations of the 1320d–2 note). SEC. 142. ENHANCED PERSONNEL AUTHORITIES Secretary for such legislative or administra- (g) STAFF AND OTHER RESOURCES.— FOR THE DEPARTMENT OF DEFENSE tive actions as the Secretary considers ap- (1) IN GENERAL.—The Secretary of Defense FOR HEALTH CARE PROFESSIONALS propriate to address shortages in health care and the Secretary of Veterans Affairs shall FOR CARE AND TREATMENT OF professionals within the Department of De- assign to the Office such personnel and other WOUNDED AND INJURED MEMBERS fense, including personnel in the mental resources of the Department of Defense and OF THE ARMED FORCES. health workforce. the Department of Veterans Affairs as are (a) IN GENERAL.—Section 1599c of title 10, (2) ELEMENTS.—The report required by required for the discharge of its function United States Code, is amended to read as paragraph (1) shall address the following: under this section. follows: (A) Enhancements or improvements of fi- (2) ADDITIONAL SERVICES.—Subject to the ‘‘§ 1599c. Health care professionals: enhanced nancial incentives for health care profes- approval of the Secretary of Defense and the appointment and compensation authority sionals, including personnel in the mental Secretary of Veterans Affairs, the Director for personnel for care and treatment of health workforce, of the Department of De- may utilize the services of private individ- wounded and injured members of the fense in order to enhance the recruitment uals and entities as consultants to the Office armed forces and retention of such personnel, including in the discharge of its function under this ‘‘(a) IN GENERAL.—The Secretary of De- recruitment, accession, or retention bonuses section. Amounts available to the Office fense may, in the discretion of the Secretary, and scholarship, tuition, and other financial shall be available for payment for such serv- exercise any authority for the appointment assistance. ices. and pay of health care personnel under chap- (B) Modifications of service obligations of (h) ANNUAL REPORTS.— ter 74 of title 38 for purposes of the recruit- health care professionals, including per- (1) IN GENERAL.—Not later than January 1, ment, employment, and retention of civilian sonnel in the mental health workforce. 2009, and each year thereafter through 2014, health care professionals for the Department (C) Such other matters as the Secretary the Director shall submit to the Secretary of of Defense if the Secretary determines that considers appropriate. Defense and the Secretary of Veterans Af- the exercise of such authority is necessary in (b) RECRUITMENT.—Commencing not later fairs, and to the appropriate committees of order to provide or enhance the capacity of than 180 days after the date of the enactment Congress, a report on the activities of the Of- the Department to provide care and treat- of this Act, the Secretary of Defense shall

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9938 CONGRESSIONAL RECORD — SENATE July 25, 2007 implement programs to recruit qualified in- item relating to section 1216 the following with a lump-sum or other payment of back dividuals in health care fields (including new item: pay and allowances at separation, the mental health) to serve in the Armed Forces ‘‘1216a. Determinations of disability: require- amount of pay or other monetary benefits to as health care and mental health personnel ments and limitations on deter- which such member would be entitled based of the Armed Forces. minations.’’. on the member’s military record as corrected shall be reduced to take into account receipt Subtitle C—Disability Matters SEC. 153. REVIEW OF SEPARATION OF MEMBERS of such lump-sum or other payment in such PART I—DISABILITY EVALUATIONS OF THE ARMED FORCES SEPARATED FROM SERVICE WITH A DISABILITY manner as the Secretary of Defense con- SEC. 151. UTILIZATION OF VETERANS’ PRESUMP- RATING OF 20 PERCENT DISABLED siders appropriate. TION OF SOUND CONDITION IN ES- OR LESS. ‘‘(3) If the Board makes a recommendation TABLISHING ELIGIBILITY OF MEM- (a) BOARD REQUIRED.— not to correct the military records of a cov- BERS OF THE ARMED FORCES FOR ered individual, the action taken on the re- RETIREMENT FOR DISABILITY. (1) IN GENERAL.—Chapter 79 of title 10, United States Code, is amended by inserting port of the Physical Evaluation Board to (a) RETIREMENT OF REGULARS AND MEM- which such recommendation relates shall be BERS ON ACTIVE DUTY FOR MORE THAN 30 after section 1554 adding the following new section: treated as final as of the date of such action. DAYS.—Clause (i) of section 1201(b)(3)(B) of ‘‘(f) REGULATIONS.—(1) This section shall be title 10, United States Code, is amended to ‘‘§ 1554a. Review of separation with disability carried out in accordance with regulations read as follows: rating of 20 percent disabled or less prescribed by the Secretary of Defense. ‘‘(i) the member has six months or more of ‘‘(a) IN GENERAL.—(1) The Secretary of De- ‘‘(2) The regulations under paragraph (1) active military service and the disability fense shall establish within the Office of the shall specify reasonable deadlines for the was not noted at the time of the member’s Secretary of Defense a board of review to re- performance of reviews required by this sec- entrance on active duty (unless compelling view the disability determinations of cov- tion. evidence or medical judgment is such to war- ered individuals by Physical Evaluation ‘‘(3) The regulations under paragraph (1) rant a finding that the disability existed be- Boards. The board shall be known as the shall specify the effect of a determination or fore the member’s entrance on active ‘Physical Disability Board of Review’. pending determination of a Physical Evalua- duty);’’. ‘‘(2) The Board shall consist of not less tion Board on considerations by boards for (b) SEPARATION OF REGULARS AND MEMBERS than three members appointed by the Sec- correction of military records under section ON ACTIVE DUTY FOR MORE THAN 30 DAYS.— retary. 1552 of this title.’’. Section 1203(b)(4)(B) of such title is amended ‘‘(b) COVERED INDIVIDUALS.—For purposes (2) CLERICAL AMENDMENT.—The table of by striking ‘‘and the member has at least of this section, covered individuals are mem- sections at the beginning of chapter 79 of eight years of service computed under sec- bers and former members of the armed forces such title is amended by inserting after the tion 1208 of this title’’ and inserting ‘‘, the who, during the period beginning on Sep- item relating to section 1554 the following member has six months or more of active tember 11, 2001, and ending on December 31, new item: military service, and the disability was not 2009— ‘‘1554a. Review of separation with disability noted at the time of the member’s entrance ‘‘(1) are separated from the armed forces rating of 20 percent disabled or on active duty (unless evidence or medical due to unfitness for duty due to a medical less.’’. judgment is such to warrant a finding that condition with a disability rating of 20 per- (b) IMPLEMENTATION.—The Secretary of De- the disability existed before the member’s cent disabled or less; and fense shall establish the board of review re- entrance on active duty)’’. ‘‘(2) are found to be not eligible for retire- quired by section 1554a of title 10, United SEC. 152. REQUIREMENTS AND LIMITATIONS ON ment. States Code (as added by subsection (a)), and DEPARTMENT OF DEFENSE DETER- ‘‘(c) REVIEW.—(1) Upon its own motion, or prescribe the regulations required by such MINATIONS OF DISABILITY WITH RE- upon the request of a covered individual, or section, not later than 90 days after the date SPECT TO MEMBERS OF THE ARMED a surviving spouse, next of kin, or legal rep- of the enactment of this Act. FORCES. resentative of a covered individual, the SEC. 154. PILOT PROGRAMS ON REVISED AND IM- (a) IN GENERAL.—Chapter 61 of title 10, Board shall review the findings and decisions PROVED DISABILITY EVALUATION United States Code, is amended by inserting of the Physical Evaluation Board with re- SYSTEM FOR MEMBERS OF THE ARMED FORCES. after section 1216 the following new section: spect to such covered individual. (a) PILOT PROGRAMS.— ‘‘§ 1216a. Determinations of disability: re- ‘‘(2) The review by the Board under para- (1) IN GENERAL.—The Secretary of Defense quirements and limitations on determina- graph (1) shall be based on the records of the tions shall, in consultation with the Secretary of armed force concerned and such other evi- Veterans Affairs, carry out pilot programs ‘‘(a) UTILIZATION OF VA SCHEDULE FOR RAT- dence as may be presented to the Board. A with respect to the disability evaluation sys- ING DISABILITIES IN DETERMINATIONS OF DIS- witness may present evidence to the Board tem of the Department of Defense for the ABILITY.—(1) In making a determination of by affidavit or by any other means consid- purpose set forth in subsection (d). ered acceptable by the Secretary of Defense. disability of a member of the armed forces (2) REQUIRED PILOT PROGRAMS.—In carrying for purposes of this chapter, the Secretary ‘‘(d) AUTHORIZED RECOMMENDATIONS.—The out this section, the Secretary of Defense concerned— Board may, as a result of its findings under shall carry out the pilot programs described ‘‘(A) shall, to the extent feasible, utilize a review under subsection (c), recommend to in paragraphs (1) through (3) of subsection the schedule for rating disabilities in use by the Secretary concerned the following (as (c). Each such pilot program shall be imple- the Department of Veterans Affairs, includ- applicable) with respect to a covered indi- mented not later than 90 days after the date ing any applicable interpretation of the vidual: of the enactment of this Act. ‘‘(1) No recharacterization of the separa- schedule by the United States Court of Ap- (3) AUTHORIZED PILOT PROGRAMS.—In car- peals for Veterans Claims; and tion of such individual or modification of the rying out this section, the Secretary of De- ‘‘(B) except as provided in paragraph (2), disability rating previously assigned such in- fense may carry out such other pilot pro- may not deviate from the schedule or any dividual. grams as the Secretary of Defense, in con- such interpretation of the schedule. ‘‘(2) The recharacterization of the separa- sultation with the Secretary of Veterans Af- ‘‘(2) In making a determination described tion of such individual to retirement for dis- fairs, considers appropriate. in paragraph (1), the Secretary concerned ability. (b) DISABILITY EVALUATION SYSTEM OF THE may utilize in lieu of the schedule described ‘‘(3) The modification of the disability rat- DEPARTMENT OF DEFENSE.—For purposes of in that paragraph such criteria as the Sec- ing previously assigned such individual by this section, the disability evaluation sys- retary of Defense and the Secretary of Vet- the Physical Evaluation Board concerned, tem of the Department of Defense is the sys- erans Affairs may jointly prescribe for pur- which modified disability rating may not be tem of the Department for the evaluation of poses of this subsection if the utilization of a reduction of the disability rating pre- the disabilities of members of the Armed such criteria will result in a determination viously assigned such individual by that Forces who are being separated or retired of a greater percentage of disability than Physical Evaluation Board. from the Armed Forces for disability under would be otherwise determined through the ‘‘(4) The issuance of a new disability rating chapter 61 of title 10, United States Code. utilization of the schedule. for such individual. (c) SCOPE OF PILOT PROGRAMS.— ‘‘(b) CONSIDERATION OF ALL MEDICAL CONDI- ‘‘(e) CORRECTION OF MILITARY RECORDS.—(1) (1) DISABILITY DETERMINATIONS BY DOD UTI- TIONS.—In making a determination of the The Secretary concerned may correct the LIZING VA ASSIGNED DISABILITY RATING.— rating of disability of a member of the armed military records of a covered individual in Under one of the pilot programs under sub- forces for purposes of this chapter, the Sec- accordance with a recommendation made by section (a), for purposes of making a deter- retary concerned shall take into account all the Board under subsection (d). Any such mination of disability of a member of the medical conditions, whether individually or correction may be made effective as of the Armed Forces under section 1201(b) of title collectively, that render the member unfit to effective date of the action taken on the re- 10, United States Code, for the retirement, perform the duties of the member’s office, port of the Physical Evaluation Board to separation, or placement of the member on grade, rank, or rating.’’. which such recommendation relates. the temporary disability retired list under (b) CLERICAL AMENDMENT.—The table of ‘‘(2) In the case of a member previously chapter 61 of such title, upon a determina- sections at the beginning of chapter 61 of separated pursuant to the findings and deci- tion by the Secretary of the military depart- such title is amended by inserting after the sion of a Physical Evaluation Board together ment concerned that the member is unfit to

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perform the duties of the member’s office, (4) OTHER PILOT PROGRAMS.—Under any (2) LIMITATION.—Nothing in paragraph (1) grade, rank, or rating because of a physical pilot program carried out by the Secretary shall be construed to authorize the waiver of disability as described in section 1201(a) of of Defense under subsection (a)(3), the Sec- any provision of section 1216a of title 10, such title— retary shall provide for the development, United States Code, as added by section 152 (A) the Secretary of Veterans Affairs evaluation, and identification of such prac- of this Act. shall— tices and procedures under the disability (g) DURATION.—Each pilot program under (i) conduct an evaluation of the member evaluation system of the Department of De- subsection (a) shall be completed not later for physical disability; and fense as the Secretary considers appropriate than one year after the date of the com- (ii) assign the member a rating of dis- for purpose set forth in subsection (d). mencement of such pilot program under that ability in accordance with the schedule for (d) PURPOSE.—The purpose of each pilot subsection. EPORTS.— rating disabilities utilized by the Secretary program under subsection (a) shall be— (h) R (1) INITIAL REPORT.—Not later than 90 days of Veterans Affairs based on all medical con- (1) to provide for the development, evalua- after the date of the enactment of this Act, ditions (whether individually or collectively) tion, and identification of revised and im- the Secretary of Defense shall submit to the that render the member unfit for duty; and proved practices and procedures under the appropriate committees of Congress a report (B) the Secretary of the military depart- disability evaluation system of the Depart- on the pilot programs under subsection (a). ment concerned shall make the determina- ment of Defense in order to— The report shall include— tion of disability regarding the member uti- (A) reduce the processing time under the (A) a description of the scope and objec- lizing the rating of disability assigned under disability evaluation system of members of tives of each pilot program; subparagraph (A)(ii). the Armed Forces who are likely to be re- (B) a description of the methodology to be (2) DISABILITY DETERMINATIONS UTILIZING tired or separated for disability, and who JOINT DOD/VA ASSIGNED DISABILITY RATING.— used under such pilot program to ensure have not requested continuation on active rapid identification under such pilot pro- Under one of the pilot programs under sub- duty, including, in particular, members who section (a), in making a determination of gram of revised or improved practices under are severely wounded; the disability evaluation system of the De- disability of a member of the Armed Forces (B) identify and implement or seek the under section 1201(b) of title 10, United partment of Defense in order to achieve the modification of statutory or administrative objectives set forth in subsection (d)(1); and States Code, for the retirement, separation, policies and requirements applicable to the or placement of the member on the tem- (C) a statement of any provision described disability evaluation system that— in subsection (f)(1)(B) that shall not apply to porary disability retired list under chapter (i) are unnecessary or contrary to applica- 61 of such title, the Secretary of the military the pilot program by reason of a waiver ble best practices of civilian employers and department concerned shall, upon deter- under that subsection. civilian healthcare systems; or mining that the member is unfit to perform (2) INTERIM REPORT.—Not later than 150 (ii) otherwise result in hardship, arbitrary, the duties of the member’s office, grade, days after the date of the submittal of the or inconsistent outcomes for members of the rank, or rating because of a physical dis- report required by paragraph (1), the Sec- Armed Forces, or unwarranted inefficiencies ability as described in section 1201(a) of such retary shall submit to the appropriate com- and delays; title— mittees of Congress a report describing the (C) eliminate material variations in poli- (A) provide for the joint evaluation of the current status of such pilot program. cies, interpretations, and overall perform- member for disability by the Secretary of (3) FINAL REPORT.—Not later than 90 days ance standards among the military depart- the military department concerned and the after the completion of all the pilot pro- Secretary of Veterans Affairs, including the ments under the disability evaluation sys- grams described in paragraphs (1) through (3) assignment of a rating of disability for the tem; and of subsection (c), the Secretary shall submit member in accordance with the schedule for (D) determine whether it enhances the ca- to the appropriate committees of Congress a rating disabilities utilized by the Secretary pability of the Department of Veterans Af- report setting forth a final evaluation and of Veterans Affairs based on all medical con- fairs to receive and determine claims from assessment of such pilot programs. The re- ditions (whether individually or collectively) members of the Armed Forces for compensa- port shall include such recommendations for that render the member unfit for duty; and tion, pension, hospitalization, or other vet- legislative or administrative action as the (B) make the determination of disability erans benefits; and Secretary considers appropriate in light of regarding the member utilizing the rating of (2) in conjunction with the findings and such pilot programs. disability assigned under subparagraph (A). recommendations of applicable Presidential SEC. 155. REPORTS ON ARMY ACTION PLAN IN (3) ELECTRONIC CLEARING HOUSE.—Under and Department of Defense study groups, to RESPONSE TO DEFICIENCIES IN THE one of the pilot programs, the Secretary of provide for the eventual development of re- ARMY PHYSICAL DISABILITY EVAL- UATION SYSTEM. Defense shall establish and operate a single vised and improved practices and procedures (a) REPORTS REQUIRED.—Not later than 30 Internet website for the disability evaluation for the disability evaluation system in order days after the date of the enactment of this system of the Department of Defense that to achieve the objectives set forth in para- graph (1). Act, and every 120 days thereafter until enables participating members of the Armed March 1, 2009, the Secretary of Defense shall (e) UTILIZATION OF RESULTS IN UPDATES OF Forces to fully utilize such system through submit to the congressional defense commit- COMPREHENSIVE POLICY ON CARE, MANAGE- the Internet, with such Internet website to tees a report on the implementation of cor- MENT, AND TRANSITION OF COVERED include the following: rective measures by the Department of De- SERVICEMEMBERS.—The Secretary of Defense (A) The availability of any forms required fense with respect to the Physical Disability and the Secretary of Veterans Affairs shall for the utilization of the disability evalua- Evaluation System (PDES) in response to jointly incorporate responses to any findings tion system by members of the Armed the following: Forces under the system. and recommendations arising under the pilot (1) The report of the Inspector General of (B) Secure mechanisms for the submission programs required by subsection (a) in up- the Army on that system of March 6, 2007. of such forms by members of the Armed dating the comprehensive policy on the care (2) The report of the Independent Review Forces under the system, and for the track- and management of covered servicemembers Group on Rehabilitation Care and Adminis- ing of the acceptance and review of any under section 111. trative Processes at Walter Reed Army Med- forms so submitted. (f) CONSTRUCTION WITH OTHER AUTHORI- ical Center and National Naval Medical Cen- (C) Secure mechanisms for advising mem- TIES.— ter. bers of the Armed Forces under the system (1) IN GENERAL.—Subject to paragraph (2), (3) The report of the Department of Vet- of any additional information, forms, or in carrying out a pilot program under sub- erans Affairs Task Force on Returning Glob- other items that are required for the accept- section (a)— al War on Terror Heroes. ance and review of any forms so submitted. (A) the rules and regulations of the Depart- (b) ELEMENTS OF REPORT.—Each report (D) The continuous availability of assist- ment of Defense and the Department of Vet- under subsection (a) shall include current in- ance to members of the Armed Forces under erans Affairs relating to methods of deter- formation on the following: the system (including assistance through the mining fitness or unfitness for duty and dis- (1) The total number of cases, and the caseworkers assigned to such members of the ability ratings for members of the Armed number of cases involving combat disabled Armed Forces) in submitting and tracking Forces shall apply to the pilot program only servicemembers, pending resolution before such forms, including assistance in obtaining to the extent provided in the report on the the Medical and Physical Disability Evalua- information, forms, or other items described pilot program under subsection (h)(1); and tion Boards of the Army, including informa- by subparagraph (C). (B) the Secretary of Defense and the Sec- tion on the number of members of the Army (E) Secure mechanisms to request and re- retary of Veterans Affairs may waive any who have been in a medical hold or holdover ceive personnel files or other personnel provision of title 10, 37, or 38, United States status for more than each of 100, 200, and 300 records of members of the Armed Forces Code, relating to methods of determining fit- days. under the system that are required for sub- ness or unfitness for duty and disability rat- (2) The status of the implementation of mission under the disability evaluation sys- ings for members of the Armed Forces if the modifications to disability evaluation proc- tem, including the capability to track re- Secretaries determine in writing that the ap- esses of the Department of Defense in re- quests for such files or records and to deter- plication of such provision would be incon- sponse to the following: mine the status of such requests and of re- sistent with the purpose of the pilot pro- (A) The report of the Inspector General on sponses to such requests. gram. such processes dated March 6, 2007.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9940 CONGRESSIONAL RECORD — SENATE July 25, 2007 (B) The report of the Independent Review tated (as determined by the Secretary of De- (2) To the extent not inconsistent with the Group on Rehabilitation Care and Adminis- fense in consultation with the Secretary of standards described in paragraph (1), mini- trative Processes at Walter Reed Army Med- Veterans Affairs) or experiencing an ex- mally acceptable conditions for the fol- ical Center and National Naval Medical Cen- tended loss of consciousness. lowing: ter. (b) ELEMENTS.—The form under subsection (A) Appearance and maintenance of facili- (C) The report of the Department of Vet- (a) shall require that a member may elect ties generally, including the structure and erans Affairs Task Force on Returning Glob- that— roofs of facilities. al War on Terror Heroes. (1) an individual designated by the member (B) Size, appearance, and maintenance of (c) POSTING ON INTERNET.—Not later than be the recipient as the fiduciary of the mem- rooms housing or utilized by patients, in- 24 hours after submitting a report under sub- ber; or cluding furniture and amenities in such section (a), the Secretary shall post such re- (2) a court of proper jurisdiction determine rooms. port on the Internet website of the Depart- the recipient as the fiduciary of the member (C) Operation and maintenance of primary ment of Defense that is available to the pub- for purposes of this subsection. and back-up facility utility systems and lic. (c) COMPLETION AND UPDATE.—The form other systems required for patient care, in- under subsection (a) shall be completed by PART II—OTHER DISABILITY MATTERS cluding electrical systems, plumbing sys- an individual at the time of entry into the tems, heating, ventilation, and air condi- SEC. 161. ENHANCEMENT OF DISABILITY SEVER- Armed Forces and updated periodically tioning systems, communications systems, ANCE PAY FOR MEMBERS OF THE thereafter. ARMED FORCES. fire protection systems, energy management SEC. 163. ELECTRONIC TRANSFER FROM THE DE- (a) IN GENERAL.—Section 1212 of title 10, systems, and other systems required for pa- PARTMENT OF DEFENSE TO THE DE- tient care. United States Code, is amended— PARTMENT OF VETERANS AFFAIRS (1) in subsection (a)(1), by striking ‘‘his OF DOCUMENTS SUPPORTING ELIGI- (D) Compliance with Federal Government years of service, but not more than 12, com- BILITY FOR BENEFITS. standards for hospital facilities and oper- puted under section 1208 of this title’’ in the The Secretary of Defense and the Sec- ations. matter preceding subparagraph (A) and in- retary of Veterans Affairs shall jointly de- (E) Compliance of facilities, rooms, and serting ‘‘the member’s years of service com- velop and implement a mechanism to pro- grounds, to the maximum extent practicable, puted under section 1208 of this title (subject vide for the electronic transfer from the De- with the Americans with Disabilities Act of to the minimum and maximum years of serv- partment of Defense to the Department of 1990 (42 U.S.C. 12101 et seq.). ice provided for in subsection (c))’’; Veterans Affairs of any Department of De- (F) Such other matters relating to the ap- (2) by redesignating subsection (c) as sub- fense documents (including Department of pearance, size, operation, and maintenance section (d); and Defense form DD–214) necessary to establish of facilities and rooms as the Secretary con- (3) by inserting after subsection (b) the fol- or support the eligibility of a member of the siders appropriate. lowing new subsection (c): Armed Forces for benefits under the laws ad- (d) COMPLIANCE WITH STANDARDS.— ‘‘(c)(1) The minimum years of service of a ministered by the Secretary of Veterans Af- (1) DEADLINE.—In establishing standards member for purposes of subsection (a)(1) fairs at the time of the retirement, separa- under subsection (a), the Secretary shall shall be as follows: tion, or release of the member from the specify a deadline for compliance with such ‘‘(A) Six years in the case of a member sep- Armed Forces. standards by each facility referred to in sub- arated from the armed forces for a disability SEC. 164. ASSESSMENTS OF TEMPORARY DIS- section (b). The deadline shall be at the ear- incurred in line of duty in a combat zone (as ABILITY RETIRED LIST. liest date practicable after the date of the designated by the Secretary of Defense for Not later than 180 days after the date of enactment of this Act, and shall, to the max- purposes of this subsection) or incurred dur- the enactment of this Act, the Secretary of imum extent practicable, be uniform across ing the performance of duty in combat-re- Defense and the Comptroller General of the the facilities referred to in subsection (b). lated operations as designated by the Sec- United States shall each submit to the con- (2) INVESTMENT.—In carrying out this sec- retary of Defense. gressional defense committees a report as- tion, the Secretary shall also establish ‘‘(B) Three years in the case of any other sessing the continuing utility of the tem- guidelines for investment to be utilized by member. porary disability retired list in satisfying the Department of Defense and the military ‘‘(2) The maximum years of service of a the purposes for which the temporary dis- departments in determining the allocation of member for purposes of subsection (a)(1) ability retired list was established. Each re- financial resources to facilities referred to in shall be 19 years.’’. port shall include such recommendations for subsection (b) in order to meet the deadline the modification or improvement of the tem- (b) NO DEDUCTION FROM COMPENSATION OF specified under paragraph (1). porary disability retired list as the Sec- SEVERANCE PAY FOR DISABILITIES INCURRED (e) REPORT.— retary or the Comptroller General, as appli- IN COMBAT ZONES.—Subsection (d) of such (1) IN GENERAL.—Not later than December section, as redesignated by subsection (a)(2) cable, considers appropriate in light of the 30, 2007, the Secretary shall submit to the of this section, is further amended— assessment in such report. congressional defense committees a report (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; Subtitle D—Improvement of Facilities on the actions taken to carry out this sec- (2) by striking the second sentence; and Housing Patients tion. (3) by adding at the end the following new SEC. 171. STANDARDS FOR MILITARY MEDICAL (2) ELEMENTS.—The report under paragraph paragraphs: TREATMENT FACILITIES, SPECIALTY (1) shall include the following: ‘‘(2) No deduction may be made under para- MEDICAL CARE FACILITIES, AND (A) The standards established under sub- graph (1) in the case of disability severance MILITARY QUARTERS HOUSING PA- section (a). TIENTS. pay received by a member for a disability in- (B) An assessment of the appearance, con- (a) ESTABLISHMENT OF STANDARDS.—The curred in line of duty in a combat zone or in- Secretary of Defense shall establish for the dition, and maintenance of each facility re- curred during performance of duty in com- military facilities referred to in subsection ferred to in subsection (a), including— bat-related operations as designated by the (b) standards with respect to the matters set (i) an assessment of the compliance of such Secretary of Defense. forth in subsection (c). The standards shall, facility with the standards established under ‘‘(3) No deduction may be made under para- to the maximum extent practicable— subsection (a); and graph (1) from any death compensation to (1) be uniform and consistent across such (ii) a description of any deficiency or non- which a member’s dependents become enti- facilities; and compliance in each facility with the stand- tled after the member’s death.’’. (2) be uniform and consistent across the ards. (c) EFFECTIVE DATE.—The amendments Department of Defense and the military de- (C) A description of the investment to be made by this section shall take effect on the partments. allocated to address each deficiency or non- date of the enactment of this Act, and shall (b) COVERED MILITARY FACILITIES.—The compliance identified under subparagraph apply with respect to members of the Armed military facilities referred to in this sub- (B)(ii). Forces separated from the Armed Forces section are the military facilities of the De- SEC. 172. REPORTS ON ARMY ACTION PLAN IN under chapter 61 of title 10, United States partment of Defense and the military depart- RESPONSE TO DEFICIENCIES IDEN- Code, on or after that date. ments as follows: TIFIED AT WALTER REED ARMY SEC. 162. TRAUMATIC SERVICEMEMBERS’ GROUP (1) Military medical treatment facilities. MEDICAL CENTER. LIFE INSURANCE. (2) Specialty medical care facilities. (a) REPORTS REQUIRED.—Not later than 30 (a) DESIGNATION OF FIDUCIARY FOR MEM- (3) Military quarters or leased housing for days after the date of the enactment of this BERS WITH LOST MENTAL CAPACITY OR EX- patients. Act, and every 120 days thereafter until TENDED LOSS OF CONSCIOUSNESS.—The Sec- (c) SCOPE OF STANDARDS.—The standards March 1, 2009, the Secretary of Defense shall retary of Defense shall, in consultation with required by subsection (a) shall include the submit to the congressional defense commit- the Secretary of Veterans Affairs, develop a following: tees a report on the implementation of the form for the designation of a recipient for (1) Generally accepted standards for the ac- action plan of the Army to correct defi- the funds distributed under section 1980A of creditation of medical facilities, or for facili- ciencies identified in the condition of facili- title 38, United States Code, as the fiduciary ties used to quarter individuals that may re- ties, and in the administration of out- of a member of the Armed Forces in cases quire medical supervision, as applicable, in patients in medical hold or medical holdover where the member is medically incapaci- the United States. status, at Walter Reed Army Medical Center

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9941 (WRAMC) and at other applicable Army in- quired to facilitate the closure of Walter tion, on a periodic basis, but not less often stallations at which covered members of the Reed Army Medical Center as required as de- than annually. Armed Forces are assigned. scribed in subsection (a). If the Secretary de- (c) PROVISION TO MEMBERS.—The Secretary (b) ELEMENTS OF REPORT.—Each report termines as a result of the assessment under of the military department concerned shall under subsection (a) shall include current in- subsection (a) that accelerating the con- provide the descriptive handbook under sub- formation on the following: struction and completion of such facilities is section (a) to each member of the Armed (1) The number of inpatients at Walter feasible, the plan shall provide for the accel- Forces described in that subsection as soon Reed Army Medical Center, and the number erated construction and completion of such as practicable following the injury or illness of outpatients on medical hold or in a med- facilities in a manner consistent with that qualifying the member for coverage under ical holdover status at Walter Reed Army determination. that subsection. (d) PROVISION TO REPRESENTATIVES.—If a Medical Center, as a result of serious injuries (2) SUBMITTAL OF PLAN.—The Secretary or illnesses. shall submit to the congressional defense member is incapacitated or otherwise unable to receive the descriptive handbook to be (2) A description of the lodging facilities committees the plan required by paragraph provided under subsection (a), the handbook and other forms of housing at Walter Reed (1) not later than September 30, 2007. shall be provided to the next of kin or a legal Army Medical Center, and at each other (c) CERTIFICATIONS.—Not later than Sep- representative of the member (as determined Army facility, to which are assigned per- tember 30, 2007, the Secretary shall submit in accordance with regulations prescribed by sonnel in medical hold or medical holdover to the congressional defense committees a status as a result of serious injuries or ill- the Secretary of the military department certification of each of the following: concerned for purposes of this section). nesses, including— (1) That a transition plan has been devel- (A) an assessment of the conditions of such oped, and resources have been committed, to Subtitle F—Other Matters facilities and housing; and ensure that patient care services, medical SEC. 191. STUDY ON PHYSICAL AND MENTAL (B) a description of any plans to correct in- operations, and facilities are sustained at HEALTH AND OTHER READJUST- adequacies in such conditions. MENT NEEDS OF MEMBERS AND the highest possible level at Walter Reed FORMER MEMBERS OF THE ARMED (3) The status, estimated completion date, Army Medical Center until facilities to re- FORCES WHO DEPLOYED IN OPER- and estimated cost of any proposed or ongo- place Walter Reed Army Medical Center are ATION IRAQI FREEDOM AND OPER- ing actions to correct any inadequacies in staffed and ready to assume at least the ATION ENDURING FREEDOM AND conditions as described under paragraph (2). same level of care previously provided at THEIR FAMILIES. (4) The number of case managers, platoon Walter Reed Army Medical Center. (a) STUDY REQUIRED.—The Secretary of De- sergeants, patient advocates, and physical (2) That the closure of Walter Reed Army fense shall, in consultation with the Sec- evaluation board liaison officers stationed at Medical Center will not result in a net loss of retary of Veterans Affairs, enter into an Walter Reed Army Medical Center, and at capacity in the major military medical cen- agreement with the National Academy of each other Army facility, to which are as- ters in the National Capitol Region in terms Sciences for a study on the physical and signed personnel in medical hold or medical of total bed capacity or staffed bed capacity. mental health and other readjustment needs holdover status as a result of serious injuries (3) That the capacity and types of medical of members and former members of the or illnesses, and the ratio of case workers hold and out-patient lodging facilities cur- Armed Forces who deployed in Operation and platoon sergeants to outpatients for rently operating at Walter Reed Army Med- Iraqi Freedom or Operation Enduring Free- dom and their families as a result of such de- whom they are responsible at each such fa- ical Center will be available at the facilities ployment. cility. to replace Walter Reed Army Medical Center (b) PHASES.—The study required under sub- (5) The number of telephone calls received by the date of the closure of Walter Reed section (a) shall consist of two phases: during the preceding 60 days on the Wounded Army Medical Center. (1) A preliminary phase, to be completed Soldier and Family hotline (as established (4) That adequate funds have been provided not later than 180 days after the date of the on March 19, 2007), a summary of the com- to complete fully all facilities identified in enactment of this Act— plaints or communications received through the Base Realignment and Closure Business (A) to identify preliminary findings on the such calls, and a description of the actions Plan for Walter Reed Army Medical Center physical and mental health and other read- taken in response to such calls. submitted to the congressional defense com- justment needs described in subsection (a) (6) A summary of the activities, findings, mittees as part of the budget justification and on gaps in care for the members, former and recommendations of the Army tiger materials submitted to Congress together members, and families described in that sub- team of medical and installation profes- with the budget of the President for fiscal section; and sionals who visited the major medical treat- year 2008 as contemplated in that business (B) to determine the parameters of the sec- ment facilities and community-based health plan. ond phase of the study under paragraph (2). care organizations of the Army pursuant to (d) ENVIRONMENTAL LAWS.—Nothing in this (2) A second phase, to be completed not March 2007 orders, and a description of the section shall require the Secretary or any later than three years after the date of the status of corrective actions being taken with designated representative to waive or ignore enactment of this Act, to carry out a com- to address deficiencies noted by that team. responsibilities and actions required by the prehensive assessment, in accordance with (7) The status of the ombudsman programs National Environmental Policy Act of 1969 the parameters identified under the prelimi- at Walter Reed Army Medical Center and at (42 U.S.C. 4321 et seq.) or the regulations im- nary report required by paragraph (1), of the other major Army installations to which are plementing such Act. physical and mental health and other read- assigned personnel in medical hold or med- Subtitle E—Outreach and Related justment needs of members and former mem- ical holdover status as a result of serious in- Information on Benefits bers of the Armed Forces who deployed in juries or illnesses. Operation Iraqi Freedom or Operation En- (c) POSTING ON INTERNET.—Not later than SEC. 181. HANDBOOK FOR MEMBERS OF THE during Freedom and their families as a re- 24 hours after submitting a report under sub- ARMED FORCES ON COMPENSATION sult of such deployment, including, at a min- section (a), the Secretary shall post such re- AND BENEFITS AVAILABLE FOR SE- RIOUS INJURIES AND ILLNESSES. imum— port on the Internet website of the Depart- (a) INFORMATION ON AVAILABLE COMPENSA- (A) an assessment of the psychological, so- ment of Defense that is available to the pub- TION AND BENEFITS.—The Secretary of De- lic. cial, and economic impacts of such deploy- fense shall, in consultation with the Sec- ment on such members and former members SEC. 173. CONSTRUCTION OF FACILITIES RE- QUIRED FOR THE CLOSURE OF WAL- retary of Veterans Affairs, the Secretary of and their families; TER REED ARMY MEDICAL CENTER, Health and Human Services, and the Com- (B) an assessment of the particular im- DISTRICT OF COLUMBIA. missioner of Social Security, develop and pacts of multiple deployments in Operation (a) ASSESSMENT OF ACCELERATION OF CON- maintain in handbook and electronic form a Iraqi Freedom or Operation Enduring Free- STRUCTION OF FACILITIES.—The Secretary of comprehensive description of the compensa- dom on such members and former members Defense shall carry out an assessment of the tion and other benefits to which a member of and their families; feasibility (including the cost-effectiveness) the Armed Forces, and the family of such (C) an assessment of the full scope of the of accelerating the construction and comple- member, would be entitled upon the mem- neurological, psychiatric, and psychological tion of any new facilities required to facili- ber’s separation or retirement from the effects of traumatic brain injury (TBI) on tate the closure of Walter Reed Army Med- Armed Forces as a result of a serious injury members and former members of the Armed ical Center, District of Columbia, as required or illness. The handbook shall set forth the Forces, including the effects of such effects as a result of the 2005 round of defense base range of such compensation and benefits on the family members of such members and closure and realignment under the Defense based on grade, length of service, degree of former members, and an assessment of the Base Closure and Realignment Act of 1990 disability at separation or retirement, and efficacy of current treatment approaches for (part A of title XXIX of Public Law 101–510; such other factors affecting such compensa- traumatic brain injury in the United States U.S.C. 2687 note). tion and benefits as the Secretary of Defense and the efficacy of screenings and treatment (b) DEVELOPMENT AND IMPLEMENTATION OF considers appropriate. approaches for traumatic brain injury within PLAN FOR CONSTRUCTION OF FACILITIES.— (b) UPDATE.—The Secretary of Defense the Department of Defense and the Depart- (1) IN GENERAL.—The Secretary shall de- shall update the comprehensive description ment of Veterans Affairs; velop and carry out a plan for the construc- required by subsection (a), including the (D) an assessment of the effects of tion and completion of any new facilities re- handbook and electronic form of the descrip- undiagnosed injuries such as post-traumatic

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stress disorder (PTSD) and traumatic brain (f) REPORTS BY NATIONAL ACADEMY OF (B) an assessment of the feasibility and ad- injury, an estimate of the long-term costs SCIENCES.—Upon the completion of each visability of the modifications of policy and associated with such injuries, and an assess- phase of the study required under subsection practice proposed in the final joint Depart- ment of the efficacy of screenings and treat- (a), the National Academy of Sciences shall ment of Defense-Department of Veterans Af- ment approaches for post-traumatic stress submit to the Secretary of Defense and the fairs plan; disorder and other mental health conditions Secretary of Veterans Affairs a report on (C) an assessment of the sufficiency and ac- within the Department of Defense and De- such phase of the study. curacy of the cost estimates in the final partment of Veterans Affairs; (g) DOD AND VA RESPONSE TO NAS RE- joint Department of Defense-Department of (E) an assessment of the particular needs PORTS.— Veterans Affairs plan; and and concerns of female members of the (1) PRELIMINARY RESPONSE.—Not later than (D) the comments, if any, of the National Armed Forces and female veterans; 45 days after the receipt of a report under Academy of Sciences on the final joint De- (F) an assessment of the particular needs subsection (f) on each phase of the study re- partment of Defense-Department of Veterans and concerns of children of members of the quired under subsection (a), the Secretary of Affairs plan. Armed Forces, taking into account differing Defense and the Secretary of Veterans Af- (h) AUTHORIZATION OF APPROPRIATIONS.— age groups, impacts on development and edu- fairs shall jointly develop a preliminary There is hereby authorized to be appro- cation, and the mental and emotional well joint Department of Defense-Department of priated to the Department of Defense such being of children; Veterans Affairs plan to address the findings sums as may be necessary to carry out this (G) an assessment of the particular needs and recommendations of the National Acad- section. and concerns of minority members of the emy of Sciences contained in such report. TITLE II—VETERANS MATTERS Armed Forces and minority veterans; The preliminary plan shall provide prelimi- SEC. 201. SENSE OF CONGRESS ON DEPARTMENT (H) an assessment of the particular edu- nary proposals on the matters set forth in OF VETERANS AFFAIRS EFFORTS IN cational and vocational needs of such mem- paragraph (3). THE REHABILITATION AND RE- bers and former members and their families, (2) FINAL RESPONSE.—Not later than 90 INTEGRATION OF VETERANS WITH and an assessment of the efficacy of existing days after the receipt of a report under sub- TRAUMATIC BRAIN INJURY. educational and vocational programs to ad- section (f) on each phase of the study re- It is the sense of Congress that— dress such needs; quired under subsection (a), the Secretary of (1) the Department of Veterans Affairs is a (I) an assessment of the impacts on com- Defense and the Secretary of Veterans Af- leader in the field of traumatic brain injury munities with high populations of military fairs shall jointly develop a final joint De- care and coordination of such care; families, including military housing commu- partment of Defense-Department of Veterans (2) the Department of Veterans Affairs nities and townships with deployed members Affairs plan to address the findings and rec- should have the capacity and expertise to of the National Guard and Reserve, of de- ommendations of the National Academy of provide veterans who have a traumatic brain ployments associated with Operation Iraqi Sciences contained in such report. The final injury with patient-centered health care, re- Freedom and Operation Enduring Freedom, plan shall provide final proposals on the habilitation, and community integration and an assessment of the efficacy of pro- matters set forth in paragraph (3). services that are comparable to or exceed grams that address community outreach and (3) COVERED MATTERS.—The matters set similar care and services available to per- education concerning military deployments forth in this paragraph with respect to a sons with such injuries in the academic and of community residents; phase of the study required under subsection private sector; (J) an assessment of the impacts of in- (a) are as follows: (3) rehabilitation for veterans who have a creasing numbers of older and married mem- (A) Modifications of policy or practice traumatic brain injury should be individual- bers of the Armed Forces on readjustment within the Department of Defense and the ized, comprehensive, and interdisciplinary requirements; Department of Veterans Affairs that are nec- with the goals of optimizing the independ- (K) the development, based on such assess- essary to address gaps in care or services as ence of such veterans and reintegrating them ments, of recommendations for programs, identified by the National Academy of into their communities; treatments, or policy remedies targeted at Sciences under such phase of the study. (4) family support is integral to the reha- preventing, minimizing or addressing the im- (B) Modifications of policy or practice bilitation and community reintegration of pacts, gaps and needs identified; and within the Department of Defense and the veterans who have sustained a traumatic (L) the development, based on such assess- Department of Veterans Affairs that are nec- brain injury, and the Department should pro- ments, of recommendations for additional essary to address recommendations made by vide the families of such veterans with edu- research on such needs. the National Academy of Sciences under cation and support; (c) POPULATIONS TO BE STUDIED.—The such phase of the study. (5) the Department of Defense and Depart- study required under subsection (a) shall (C) An estimate of the costs of imple- ment of Veterans Affairs have made efforts consider the readjustment needs of each pop- menting the modifications set forth under to provide a smooth transition of medical ulation of individuals as follows: subparagraphs (A) and (B), set forth by fiscal care and rehabilitative services to individ- (1) Members of the regular components of year for at least the first five fiscal years be- uals as they transition from the health care the Armed Forces who are returning, or have ginning after the date of the plan concerned. system of the Department of Defense to that returned, to the United States from deploy- (4) REPORTS ON RESPONSES.—The Secretary of the Department of Veterans Affairs, but ment in Operation Iraqi Freedom or Oper- of Defense and the Secretary of Veterans Af- more can be done to assist veterans and their ation Enduring Freedom. fairs shall jointly submit to Congress a re- families in the continuum of the rehabilita- (2) Members of the National Guard and Re- port setting forth each joint plan developed tion, recovery, and reintegration of wounded serve who are returning, or have returned, to under paragraphs (1) and (2). or injured veterans into their communities; the United States from deployment in Oper- (5) PUBLIC AVAILABILITY OF RESPONSES.— (6) in planning for rehabilitation and com- ation Iraqi Freedom or Operation Enduring The Secretary of Defense and the Secretary munity reintegration of veterans who have a Freedom. of Veterans Affairs shall each make avail- traumatic brain injury, it is necessary for (3) Veterans of Operation Iraqi Freedom or able to the public each report submitted to the Department of Veterans Affairs to pro- Operation Enduring Freedom. Congress under paragraph (4), including by vide a system for life-long case management (4) Family members of the members and posting an electronic copy of such report on for such veterans; and veterans described in paragraphs (1) through the Internet website of the Department of (7) in such system for life-long case man- (3). Defense or the Department of Veterans Af- agement, it is necessary to conduct outreach (d) ACCESS TO INFORMATION.—The National fairs, as applicable, that is available to the and to tailor specialized traumatic brain in- Academy of Sciences shall have access to public. jury case management and outreach for the such personnel, information, records, and (6) GAO AUDIT.—Not later than 45 days unique needs of veterans with traumatic systems of the Department of Defense and after the submittal to Congress of the report brain injury who reside in urban and non- the Department of Veterans Affairs as the under paragraph (4) on the final joint De- urban settings. National Academy of Sciences requires in partment of Defense-Department of Veterans SEC. 202. INDIVIDUAL REHABILITATION AND order to carry out the study required under Affairs plan under paragraph (2), the Comp- COMMUNITY REINTEGRATION subsection (a). troller General of the United States shall PLANS FOR VETERANS AND OTHERS WITH TRAUMATIC BRAIN INJURY. (e) PRIVACY OF INFORMATION.—The Na- submit to Congress a report assessing the (a) IN GENERAL.—Subchapter II of chapter tional Academy of Sciences shall maintain contents of such report under paragraph (4). 17 of title 38, United States Code, is amended any personally identifiable information The report of the Comptroller General under by inserting after section 1710B the following accessed by the Academy in carrying out the this paragraph shall include— new section: study required under subsection (a) in ac- (A) an assessment of the adequacy and suf- cordance with all applicable laws, protec- ficiency of the final joint Department of De- ‘‘§ 1710C. Traumatic brain injury: plans for tions, and best practices regarding the pri- fense-Department of Veterans Affairs plan in rehabilitation and reintegration into the vacy of such information, and may not per- addressing the findings and recommenda- community mit access to such information by any per- tions of the National Academy of Sciences as ‘‘(a) PLAN REQUIRED.—The Secretary shall, sons or entities not engaged in work under a result of the study required under sub- for each veteran or member of the Armed the study. section (a); Forces who receives inpatient or outpatient

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9943 rehabilitation care from the Department for whether such case manager obtains such ex- ‘‘(2)(A) to whom the Secretary is unable to a traumatic brain injury— pertise through experience, education, or provide such treatment or services at the ‘‘(1) develop an individualized plan for the training. frequency or for the duration prescribed in rehabilitation and reintegration of such indi- ‘‘(e) PARTICIPATION AND COLLABORATION IN such plan; or vidual into the community; and DEVELOPMENT OF PLANS.—(1) The Secretary ‘‘(B) for whom the Secretary determines ‘‘(2) provide such plan in writing to such shall involve each individual described in that it is optimal with respect to the recov- individual before such individual is dis- subsection (a), and the family or legal guard- ery and rehabilitation of such individual . charged from inpatient care, following tran- ian of such individual, in the development of ‘‘(b) STANDARDS.—The Secretary may not sition from active duty to the Department the plan for such individual under that sub- provide treatment or services as described in for outpatient care, or as soon as practicable section to the maximum extent practicable. subsection (a) at a non-Department facility following diagnosis. ‘‘(2) The Secretary shall collaborate in the under such subsection unless such facility ‘‘(b) CONTENTS OF PLAN.—Each plan devel- development of a plan for an individual maintains standards for the provision of oped under subsection (a) shall include, for under subsection (a) with a State protection such treatment or services established by an the individual covered by such plan, the fol- and advocacy system if— independent, peer-reviewed organization lowing: ‘‘(A) the individual covered by such plan that accredits specialized rehabilitation pro- ‘‘(1) Rehabilitation objectives for improv- requests such collaboration; or grams for adults with traumatic brain in- ing the physical, cognitive, and vocational ‘‘(B) in the case such individual is inca- jury. functioning of such individual with the goal pacitated, the family or guardian of such in- ‘‘(c) AUTHORITIES OF STATE PROTECTION AND of maximizing the independence and re- dividual requests such collaboration. ADVOCACY SYSTEMS.—With respect to the integration of such individual into the com- ‘‘(3) In the case of a plan required by sub- provision of rehabilitative treatment or munity. section (a) for a member of the Armed Forces services described in subsection (a) in a non- ‘‘(2) Access, as warranted, to all appro- who is on active duty, the Secretary shall Department facility, a State designated pro- priate rehabilitative components of the trau- collaborate with the Secretary of Defense in tection and advocacy system established matic brain injury continuum of care. the development of such plan. under subtitle C of the Developmental Dis- ‘‘(3) A description of specific rehabilitative ‘‘(4) In developing vocational rehabilita- abilities Assistance and Bill of Rights Act of treatments and other services to achieve the tion objectives required under subsection 2000 (42 U.S.C. 15041 et seq.) shall have the objectives described in paragraph (1), which (b)(1) and in conducting the assessment re- authorities described under such subtitle.’’. description shall set forth the type, fre- quired under subsection (c), the Secretary (b) CLERICAL AMENDMENT.—The table of quency, duration, and location of such treat- shall act through the Under Secretary for sections at the beginning of chapter 17 of ments and services. Health in coordination with the Vocational such title is amended by inserting after the ‘‘(4) The name of the case manager des- Rehabilitation and Employment Service of item relating to section 1710C, as added by ignated in accordance with subsection (d) to the Department of Veterans Affairs. section 202 of this Act, the following new be responsible for the implementation of ‘‘(f) EVALUATION.— item: such plan. ‘‘(1) PERIODIC REVIEW BY SECRETARY.—The ‘‘1710D. Traumatic brain injury: use of non- ‘‘(5) Dates on which the effectiveness of the Secretary shall periodically review the effec- Department facilities for reha- plan will be reviewed in accordance with sub- tiveness of each plan developed under sub- bilitation.’’. section (a). The Secretary shall refine each section (f). (c) CONFORMING AMENDMENT.—Section ‘‘(c) COMPREHENSIVE ASSESSMENT.— such plan as the Secretary considers appro- 1710(a)(4) of such title is amended by insert- ‘‘(1) IN GENERAL.—Each plan developed priate in light of such review. ing ‘‘the requirement in section 1710D of this under subsection (a) shall be based upon a ‘‘(2) REQUEST FOR REVIEW BY VETERANS.—In title that the Secretary provide certain reha- comprehensive assessment, developed in ac- addition to the periodic review required by bilitative treatment or services,’’ after ‘‘ex- cordance with paragraph (2), of— paragraph (1), the Secretary shall conduct a tended care services,’’. ‘‘(A) the physical, cognitive, vocational, review of the plan of a veteran under para- SEC. 204. RESEARCH, EDUCATION, AND CLINICAL and neuropsychological and social impair- graph (1) at the request of such veteran, or in CARE PROGRAM ON SEVERE TRAU- ments of such individual; and the case that such veteran is incapacitated, MATIC BRAIN INJURY. ‘‘(B) the family education and family sup- at the request of the guardian or the des- (a) PROGRAM REQUIRED.—Subchapter II of port needs of such individual after discharge ignee of such veteran. chapter 73 of title 38, United States Code, is from inpatient care. ‘‘(g) STATE DESIGNATED PROTECTION AND amended by inserting after section 7330 the ADVOCACY SYSTEM DEFINED.—In this section, ‘‘(2) FORMATION.—The comprehensive as- following new section: sessment required under paragraph (1) with the term ‘State protection and advocacy sys- ‘‘§ 7330A. Severe traumatic brain injury re- respect to an individual is a comprehensive tem’ means a system established in a State search, education, and clinical care pro- assessment of the matters set forth in that under subtitle C of the Developmental Dis- gram abilities Assistance and Bill of Rights Act of paragraph by a team, composed by the Sec- ‘‘(a) PROGRAM REQUIRED.—The Secretary 2000 (42 U.S.C. 15041 et seq.) to protect and retary for purposes of the assessment from shall establish a program on research, edu- advocate for the rights of persons with devel- among, but not limited to, individuals with cation, and clinical care to provide intensive opment disabilities.’’. expertise in traumatic brain injury, includ- neuro-rehabilitation to veterans with a se- (b) CLERICAL AMENDMENT.—The table of ing the following: vere traumatic brain injury, including vet- sections at the beginning of chapter 17 of ‘‘(A) A neurologist. erans in a minimally conscious state who such title is amended by inserting after the ‘‘(B) A rehabilitation physician. would otherwise receive only long-term resi- item relating to section 1710B the following ‘‘(C) A social worker. dential care. new item: ‘‘(D) A neuropsychologist. ‘‘(b) COLLABORATION REQUIRED.—The Sec- ‘‘(E) A physical therapist. ‘‘1710C. Traumatic brain injury: plans for re- retary shall establish the program required ‘‘(F) A vocational rehabilitation specialist. habilitation and reintegration by subsection (a) in collaboration with the ‘‘(G) An occupational therapist. into the community.’’. Defense and Veterans Brain Injury Center ‘‘(H) A speech language pathologist. SEC. 203. USE OF NON-DEPARTMENT OF VET- and other relevant programs of the Federal ‘‘(I) A rehabilitation nurse. ERANS AFFAIRS FACILITIES FOR IM- Government (including other Centers of Ex- ‘‘(J) An educational therapist. PLEMENTATION OF REHABILITA- cellence). ‘‘(K) An audiologist. TION AND COMMUNITY REINTEGRA- ‘‘(c) EDUCATION REQUIRED.—As part of the TION PLANS FOR TRAUMATIC BRAIN ‘‘(L) A blind rehabilitation specialist. program required by subsection (a), the Sec- INJURY. retary shall, in collaboration with the De- ‘‘(M) A recreational therapist. (a) IN GENERAL.—Subchapter II of chapter ‘‘(N) A low vision optometrist. fense and Veterans Brain Injury Center and 17 of title 38, United States Code, is amended any other relevant programs of the Federal ‘‘(O) An orthotist or prostetist. by inserting after section 1710C, as added by ‘‘(P) An assistive technologist or rehabili- Government (including other Centers of Ex- section 202 of this Act, the following new sec- cellence), conduct educational programs on tation engineer. tion: ‘‘(Q) An otolaryngology physician. recognizing and diagnosing mild and mod- ‘‘§ 1710D. Traumatic brain injury: use of non- ‘‘(R) A dietician. erate cases of traumatic brain injury. Department facilities for rehabilitation ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(S) An opthamologist. There is authorized to be appropriated to the ‘‘(T) A psychiatrist. ‘‘(a) IN GENERAL.—Subject to section ‘‘(d) CASE MANAGER.—(1) The Secretary 1710(a)(4) of this title and subsection (b) of Secretary for each of fiscal years 2008 shall designate a case manager for each indi- this section, the Secretary shall provide re- through 2012, $10,000,000 to carry out the pro- vidual described in subsection (a) to be re- habilitative treatment or services to imple- gram required by subsection (a).’’. sponsible for the implementation of the plan, ment a plan developed under section 1710C of (b) CLERICAL AMENDMENT.—The table of and coordination of such care, required by this title at a non-Department facility with sections at the beginning of chapter 73 is such subsection for such individual. which the Secretary has entered into an amended by inserting after the item relating ‘‘(2) The Secretary shall ensure that such agreement for such purpose, to an indi- to section 7330 the following new item: case manager has specific expertise in the vidual— ‘‘7330A. Severe traumatic brain injury re- care required by the individual to whom such ‘‘(1) who is described in section 1710C(a) of search, education, and clinical case manager is designated, regardless of this title; and care program.’’.

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(c) REPORT.—Not later than 18 months (g) DEFINITIONS.—In this section: (d) REPORT.—Not later than 90 days after after the date of the enactment of this Act, (1) The term ‘‘assisted living services’’ the date of the enactment of this Act, the the Secretary of Veterans Affairs shall sub- means services of a facility in providing Secretary shall submit to the Committee on mit to Congress a report on the research to room, board, and personal care for and super- Veterans’ Affairs of the Senate and the Com- be conducted under the program required by vision of residents for their health, safety, mittee on Veterans’ Affairs of the House of section 7330A of title 38, United States Code, and welfare. Representatives a report describing in com- as added by subsection (a). (2) The term ‘‘case management services’’ prehensive detail the research to be carried SEC. 205. PILOT PROGRAM ON ASSISTED LIVING includes the coordination and facilitation of out pursuant to subsection (a). SERVICES FOR VETERANS WITH all services furnished to a veteran by the De- SEC. 207. AGE-APPROPRIATE NURSING HOME TRAUMATIC BRAIN INJURY. partment of Veterans Affairs, either directly CARE. (a) PILOT PROGRAM.—Not later than 90 days or through contract, including assessment of (a) FINDING.—Congress finds that young after the date of the enactment of this Act, needs, planning, referral (including referral veterans who are injured or disabled through the Secretary of Veterans Affairs shall, in for services to be furnished by the Depart- military service and require long-term care collaboration with the Defense and Veterans ment, either directly or through a contract, should have access to age-appropriate nurs- Brain Injury Center, carry out a pilot pro- or by an entity other than the Department), ing home care. gram to assess the effectiveness of providing (b) REQUIREMENT TO PROVIDE AGE-APPRO- monitoring, reassessment, and followup. assisted living services to eligible veterans PRIATE NURSING HOME CARE.—Section 1710A (3) The term ‘‘congressional veterans af- to enhance the rehabilitation, quality of life, of title 38, United States Code, is amended— fairs committees’’ means— and community integration of such veterans. (1) by redesignating subsection (c) as sub- (A) the Committee on Veterans’ Affairs of (b) DURATION OF PROGRAM.—The pilot pro- section (d); and the Senate; and gram shall be carried out during the five- (2) by inserting after subsection (b) the fol- (B) the Committee on Veterans’ Affairs of year period beginning on the date of the lowing new subsection (c): commencement of the pilot program. the House of Representatives. ‘‘(c) The Secretary shall ensure that nurs- (c) PROGRAM LOCATIONS.— (4) The term ‘‘eligible veteran’’ means a ing home care provided under subsection (a) (1) IN GENERAL.—The pilot program shall be veteran who— is provided in an age-appropriate manner.’’. (A) is enrolled in the Department of Vet- carried out at locations selected by the Sec- SEC. 208. EXTENSION OF PERIOD OF ELIGIBILITY retary for purposes of the pilot program. Of erans Affairs health care system; FOR HEALTH CARE FOR COMBAT the locations so selected— (B) has received treatment for traumatic SERVICE IN THE PERSIAN GULF WAR (A) at least one shall be in each health care brain injury from the Department of Vet- OR FUTURE HOSTILITIES. region of the Veterans Health Administra- erans Affairs; Section 1710(e)(3)(C) of title 38, United tion that contains a polytrauma center of (C) is unable to manage routine activities States Code, is amended by striking ‘‘2 the Department of Veterans Affairs; and of daily living without supervision and as- years’’ and inserting ‘‘5 years’’. (B) any other locations shall be in areas sistance; and SEC. 209. MENTAL HEALTH: SERVICE-CONNEC- that contain high concentrations of veterans (D) could reasonably be expected to receive TION STATUS AND EVALUATIONS with traumatic brain injury, as determined ongoing services after the end of the pilot FOR CERTAIN VETERANS. by the Secretary. program under this section under another (a) PRESUMPTION OF SERVICE-CONNECTION (2) SPECIAL CONSIDERATION FOR VETERANS IN government program or through other OF MENTAL ILLNESS FOR CERTAIN VET- RURAL AREAS.—Special consideration shall be means. ERANS.—Section 1702 of title 38, United given to provide veterans in rural areas with (h) AUTHORIZATION OF APPROPRIATIONS.— States Code, is amended— an opportunity to participate in the pilot There is authorized to be appropriated to the (1) by striking ‘‘psychosis’’ and inserting program. Secretary of Veterans Affairs to carry out ‘‘mental illness’’; and (d) PROVISION OF ASSISTED LIVING SERV- this section, $8,000,000 for each of fiscal years (2) in the heading, by striking ‘‘psychosis’’ ICES.— 2008 through 2013. and inserting ‘‘mental illness’’. (1) AGREEMENTS.—In carrying out the pilot (b) PROVISION OF MENTAL HEALTH EVALUA- SEC. 206. RESEARCH ON TRAUMATIC BRAIN IN- TIONS FOR CERTAIN VETERANS.—Upon the re- program, the Secretary may enter into JURY. agreements for the provision of assisted liv- quest of a veteran described in section (a) INCLUSION OF RESEARCH ON TRAUMATIC ing services on behalf of eligible veterans 1710(e)(3)(C) of title 38, United States Code, BRAIN INJURY UNDER ONGOING RESEARCH with a provider participating under a State the Secretary shall provide to such veteran a PROGRAMS.—The Secretary of Veterans Af- plan or waiver under title XIX of such Act preliminary mental health evaluation as fairs shall, in carrying out research pro- (42 U.S.C. 1396 et seq.). soon as practicable, but not later than 30 grams and activities under the provisions of (2) STANDARDS.—The Secretary may not days after such request. law referred to in subsection (b), ensure that place, transfer, or admit a veteran to any fa- SEC. 210. MODIFICATION OF REQUIREMENTS FOR such programs and activities include re- cility for assisted living services under this FURNISHING OUTPATIENT DENTAL search on the sequelae of mild to severe program unless the Secretary determines SERVICES TO VETERANS WITH A forms of traumatic brain injury, including— that the facility meets such standards as the SERVICE-CONNECTED DENTAL CON- (1) research on visually-related neuro- DITION OR DISABILITY. Secretary may prescribe for purposes of the logical conditions; Section 1712(a)(1)(B)(iv) of title 38, United pilot program. Such standards shall, to the (2) research on seizure disorders; States Code, is amended by striking ‘‘90-day’’ extent practicable, be consistent with the (3) research on means of improving the di- and inserting ‘‘180-day’’. standards of Federal, State, and local agen- agnosis, rehabilitative treatment, and pre- SEC. 211. DEMONSTRATION PROGRAM ON PRE- cies charged with the responsibility of li- vention of such sequelae; VENTING VETERANS AT-RISK OF censing or otherwise regulating or inspecting (4) research to determine the most effec- HOMELESSNESS FROM BECOMING such facilities. tive cognitive and physical therapies for the HOMELESS. (e) CONTINUATION OF CASE MANAGEMENT (a) DEMONSTRATION PROGRAM.—The Sec- sequelae of traumatic brain injury; and AND REHABILITATION SERVICES.—In carrying retary of Veterans Affairs shall carry out a (5) research on dual diagnosis of post-trau- the pilot program under subsection (a), the demonstration program for the purpose of— matic stress disorder and traumatic brain in- Secretary shall continue to provide each vet- (1) identifying members of the Armed jury. eran who is receiving assisted living services Forces on active duty who are at risk of be- (b) RESEARCH AUTHORITIES.—The provi- under the pilot program with rehabilitative coming homeless after they are discharged sions of law referred to in this subsection are services and shall designate Department or released from active duty; and the following: health-care employees to furnish case man- (2) providing referral, counseling, and sup- (1) Section 3119 of title 38, United States agement services for veterans participating portive services, as appropriate, to help pre- Code, relating to rehabilitation research and in the pilot program. vent such members, upon becoming veterans, (f) REPORT.— special projects. from becoming homeless. N GENERAL (2) Section 7303 of such title, relating to re- (1) I .—Not later than 60 days (b) PROGRAM LOCATIONS.—The Secretary after the completion of the pilot program, search programs of the Veterans Health Ad- shall carry out the demonstration program the Secretary shall submit to the congres- ministration. in at least three locations. sional veterans affairs committees a report (3) Section 7327 of such title, relating to re- (c) IDENTIFICATION CRITERIA.—In devel- on the pilot program. search, education, and clinical activities on oping and implementing the criteria to iden- (2) CONTENTS.—The report required by complex multi-trauma associated with com- tify members of the Armed Forces, who upon paragraph (1) shall include the following: bat injuries. becoming veterans, are at-risk of becoming (A) A description of the pilot program. (c) COLLABORATION.—In carrying out the homeless, the Secretary of Veterans Affairs (B) An assessment of the utility of the ac- research required by subsection (a), the Sec- shall consult with the Secretary of Defense tivities under the pilot program in enhanc- retary shall collaborate with facilities that— and such other officials and experts as the ing the rehabilitation, quality of life, and (1) conduct research on rehabilitation for Secretary considers appropriate. community reintegration of veterans with individuals with traumatic brain injury; and (d) CONTRACTS.—The Secretary of Veterans traumatic brain injury. (2) receive grants for such research from Affairs may enter into contracts to provide (C) Such recommendations as the Sec- the National Institute on Disability and Re- the referral, counseling, and supportive serv- retary considers appropriate regarding the habilitation Research of the Department of ices required under the demonstration pro- extension or expansion of the pilot program. Education. gram with entities or organizations that

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meet such requirements as the Secretary ‘‘(3) INTERNATIONAL REGISTERED TRAVELER appropriated under subsection (a), shall be may establish. PROGRAM.— reduced a total of $300,000,000, on a pro rata (e) SUNSET.—The authority of the Sec- ‘‘(A) IN GENERAL.—The Secretary of Home- basis. retary under subsection (a) shall expire on land Security shall establish an inter- (c) Not later than 15 days after the date of September 30, 2011. national registered traveler program that in- the enactment of this Act, the Director of (f) AUTHORIZATION OF APPROPRIATIONS.— corporates available technologies, such as the Office of Management and Budget shall There are authorized to be appropriated biometrics and e-passports, and security report to the Committee on Appropriations $2,000,000 for the purpose of carrying out the threat assessments to expedite the screening of the Senate and the Committee on Appro- provisions of this section. and processing of international travelers, in- priations of the House of Representatives on SEC. 212. CLARIFICATION OF PURPOSE OF THE cluding United States Citizens and residents, the accounts subject to pro rata reductions OUTREACH SERVICES PROGRAM OF who enter and exit the United States. The pursuant to subsection (b) and the amount to THE DEPARTMENT OF VETERANS program shall be coordinated with the US– be reduced in each account. AFFAIRS. VISIT program, other pre-screening initia- (a) CLARIFICATION OF INCLUSION OF MEM- tives, and the Visa Waiver Program within BERS OF THE NATIONAL GUARD AND RESERVE SA 2406. Mr. BAUCUS (for himself, the Department of Homeland Security. IN PROGRAM.—Subsection (a)(1) of section Mr. SUNUNU, Mr. LEAHY, Mr. TESTER, ‘‘(B) FEES.—The Secretary may impose a 6301 of title 38, United States Code, is amend- fee for the program established under sub- and Mr. AKAKA) submitted an amend- ed by inserting ‘‘, or from the National paragraph (A) and may modify such fee from ment intended to be proposed to Guard or Reserve,’’ after ‘‘active military, time to time. The fee may not exceed the ag- amendment SA 2383 proposed by Mr. naval, or air service’’. gregate costs associated with the program BYRD (for himself and Mr. COCHRAN) to (b) DEFINITION OF OUTREACH.—Subsection and shall be credited to the Department of (b) of such section is amended— the bill H.R. 2638, making appropria- Homeland Security for purposes of carrying (1) by redesignating paragraphs (1) and (2) tions for the Department of Homeland out the program. Amounts so credited shall as paragraphs (2) and (3), respectively; and Security for the fiscal year ending Sep- remain available until expended. (2) by inserting before paragraph (2) the tember 30, 2008, and for other purposes; ‘‘(C) RULEMAKING.—Within 180 days after following new paragraph (1): the date of enactment of this paragraph, the which was ordered to lie on the table; ‘‘(1) the term ‘outreach’ means the act or Secretary shall initiate a rulemaking to es- as follows: process of reaching out in a systematic man- tablish the program, criteria for participa- ner to proactively provide information, serv- On page 69, after line 24, add the following: tion, and the fee for the program. ices, and benefits counseling to veterans, and SEC. 536. None of the funds made available ‘‘(D) IMPLEMENTATION.—Not later than 1 in this Act may be used for planning, test- to the spouses, children, and parents of vet- year after the date of enactment of this erans who may be eligible to receive benefits ing, piloting, or developing a national identi- paragraph, the Secretary shall establish a fication card. under the laws administered by the Sec- phased-implementation of a biometric-based retary, to ensure that such individuals are international registered traveler program in SA 2407. Mr. LIEBERMAN (for him- fully informed about, and assisted in apply- conjunction with the US–VISIT entry and ing for, any benefits and programs under exit system, other pre-screening initiatives, self and Ms. COLLINS) submitted an such laws;’’. and the Visa Waiver Program within the De- amendment intended to be proposed to TITLE III partment of Homeland Security at United amendment SA 2383 proposed by Mr. SEC. . FISCAL YEAR 2008 INCREASE IN MILITARY States airports with the highest volume of BYRD (for himself and Mr. COCHRAN) to BASIC PAY. international travelers. the bill H.R. 2638, making appropria- (a) WAIVER OF SECTION 1009 ADJUSTMENT.— ‘‘(E) PARTICIPATION.—The Secretary shall tions for the Department of Homeland The adjustment to become effective during ensure that the international registered Security for the fiscal year ending Sep- fiscal year 2008 required by section 1009 of traveler program includes as many partici- tember 30, 2008, and for other purposes; title 37, United States Code, in the rates of pants as practicable by— monthly basic pay authorized members of ‘‘(i) establishing a reasonable cost of en- which was ordered to lie on the table; the uniformed services shall not be made. rollment; as follows: (b) INCREASE IN BASIC PAY.—Effective on ‘‘(ii) making program enrollment conven- On page 35, line 20, strike ‘‘$3,030,500,000’’ January 1, 2008, the rates of monthly basic ient and easily accessible; and and insert ‘‘$3,130,500,000’’. pay for members of the uniformed services ‘‘(iii) providing applicants with clear and On page 39, line 21, strike the colon, insert are increased by 3.5 percent. consistent eligibility guidelines. a period and add the following: ‘‘(F) TECHNOLOGIES.—The Secretary shall Mr. CASEY (for himself and (4) $100,000,000 for grants under the Inter- SA 2403. coordinate with the Secretary of State to de- operable Emergency Communications Grants Mr. SPECTER) submitted an amendment fine a schedule for their respective depart- Program established under title XVIII of the intended to be proposed to amendment ments for the deployment of appropriate Homeland Security Act of 2002; Provided, SA 2383 proposed by Mr. BYRD (for him- technologies to begin capturing applicable That the amounts appropriated to the De- self and Mr. COCHRAN) to the bill H.R. and sufficient biometrics from visa appli- partment of Homeland Security for discre- 2638, making appropriations for the De- cants and individuals seeking admission to tionary spending in this Act shall be reduced partment of Homeland Security for the the United States, if such visa applicant or on a pro rata basis by the percentage nec- individual has not previously provided such fiscal year ending September 30, 2008, essary to reduce the overall amount of such information, at each consular location and spending by $100,000,000. and for other purposes; which was or- port of entry. The Secretary of Homeland Se- dered to lie on the table; as follows: curity shall also coordinate with the Sec- SA 2408. Mr. LIEBERMAN (for him- On page 39, lines 18 and 19, insert after ‘‘ex- retary of State regarding the feasibility of self, Ms. COLLINS, and Mr. CARPER) sub- ecuted’’ the following: ‘‘: Provided further, allowing visa applicants or individuals to en- That, notwithstanding any other provision roll in the International Registered Traveler mitted an amendment intended to be of law, funds awarded through grants under program at consular offices.’’. proposed to amendment SA 2383 pro- subparagraph (F) and available for transit posed by Mr. BYRD (for himself and Mr. security may be available for expenditure for SA 2405. Mr. ALEXANDER (for him- COCHRAN) to the bill H.R. 2638, making a period of 4 years’’. self, Ms. COLLINS, Mr. VOINOVICH, and appropriations for the Department of Mr. WARNER) submitted an amendment Homeland Security for the fiscal year Mr. MARTINEZ (for himself SA 2404. intended to be proposed to amendment ending September 30, 2008, and for and Ms. COLLINS) submitted an amend- SA 2383 proposed by Mr. BYRD (for him- other purposes; which was ordered to ment intended to be proposed by him self and Mr. COCHRAN) to the bill H.R. lie on the table; as follows: to the bill H.R. 2638, making appropria- 2638, making appropriations for the De- tions for the Department of Homeland On page 69, after line 24, insert the fol- partment of Homeland Security for the lowing: Security for the fiscal year ending Sep- fiscal year ending September 30, 2008, SEC. 536. (a) The amount appropriated by tember 30, 2008, and for other purposes; and for other purposes; as follows: title III for necessary expenses for the which was ordered to lie on the table; On page 40, after line 24, insert the fol- United States Fire Administration is in- as follows: lowing: creased by $1,000,000 of which not to exceed At the appropriate place, insert the fol- REAL ID GRANTS TO STATES $1,000,000 shall be available to develop a web- lowing: SEC. ll. (a) For grants to States pursuant based version of the National Fire Incident SEC. llll. INTERNATIONAL REGISTERED to section 204(a) of the REAL ID Act of 2005 Reporting System that will ensure that fire- TRAVELER PROGRAM. (division B of Public Law 109–13; 119 Stat. related data can be submitted and accessed Section 7208(k)(3) of the Intelligence Re- 302), $300,000,000 to remain available until ex- by fire departments in real time. form and Terrorism Prevention Act of 2004 (8 pended. (b) The amount appropriated by title I U.S.C. 1365b(k)(3)) is amended to read as fol- (b) All discretionary amounts made avail- under the heading ‘‘ANALYSIS AND OPER- lows: able under this Act, other than the amount ATIONS’’ is increased by $250,000, of which not

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The report shall in- Aviation and Transportation Security Act is burdens or costs. clude the following: reduced by $1,250,000 of which $1,250,000 shall (3) REPORT.—The Secretary or the Sec- (1) An analysis of the rate at which release be from the amount appropriated for screen- retary’s designee shall report annually to from detention (including release on parole) ing operations: Provided, That the total Congress on the facilities that have been ex- is granted to aliens who have established a amount of such reductions shall be from the empted pursuant to this subsection. credible fear of persecution and are awaiting amounts available for privatized screening (d) INTERPRETERS.—The Secretary shall en- a final determination regarding their asylum airports. sure that a competent interpreter, not affili- claim by the immigration courts throughout ated with the government of the country the United States, and any disparity that ex- SA 2409. Mr. LIEBERMAN submitted from which the alien may claim asylum, is ists between locations or geographical areas, an amendment intended to be proposed used when the interviewing officer does not including explanation of the reasons for this by him to the bill H.R. 2638, making ap- speak a language understood by the alien disparity and what actions are being taken propriations for the Department of and there is no other Federal, State, or local to have consistent and uniform application Homeland Security for the fiscal year government employee available who is able of the standards for granting parole. ending September 30, 2008, and for to interpret effectively, accurately, and im- (2) An analysis of the effect of the proce- other purposes; which was ordered to partially. dures and policies applied with respect to pa- (e) RECORDINGS IN IMMIGRATION PRO- role and custody determinations both by the lie on the table; as follows: CEEDINGS.—Recordings of interviews of aliens Attorney General and the Secretary on the At the appropriate place, insert the fol- subject to expedited removal shall be in- alien’s pursuit of their asylum claim before lowing: cluded in the record of proceeding and may an immigration court. TITLE ll—ASYLUM AND DETENTION be considered as evidence in any further pro- (3) An analysis of the effect of the proce- SAFEGUARDS ceedings involving the alien. dures and policies applied with respect to pa- SEC. ll01. SHORT TITLE. (f) NO PRIVATE RIGHT OF ACTION.—Nothing role and custody determinations both by the This title may be cited as the ‘‘Secure and in this section shall be construed to create Attorney General and the Secretary on the Safe Detention and Asylum Act’’. any right, benefit, trust, or responsibility, alien’s physical and psychological well- SEC. ll02. DEFINITIONS. whether substantive or procedural, enforce- being. In this title: able in law or equity by a party against the (4) An analysis of the effectiveness of the (1) CREDIBLE FEAR OF PERSECUTION.—The United States, its departments, agencies, in- procedures and policies applied with respect term ‘‘credible fear of persecution’’ has the strumentalities, entities, officers, employ- to parole and custody determinations both meaning given that term in section ees, or agents, or any person, nor does this by the Attorney General and the Secretary 235(b)(1)(B)(v) of the Immigration and Na- section create any right of review in any ad- in securing the alien’s presence at the immi- tionality Act (8 U.S.C. 1225(b)(1)(B)(v)). ministrative, judicial, or other proceeding. gration court proceedings. (2) DETAINEE.—The term ‘‘detainee’’ means SEC. ll04. OPTIONS REGARDING DETENTION (b) RECOMMENDATIONS.—The report shall an alien in the custody of the Department of DECISIONS. include recommendations with respect to Homeland Security who is held in a deten- Section 236 of the Immigration and Nation- whether the existing parole and custody de- tion facility. ality Act (8 U.S.C. 1226) is amended— termination procedures applicable to aliens who have established a credible fear of perse- (3) DETENTION FACILITY.—The term ‘‘deten- (1) in subsection (a)— tion facility’’ means any Federal facility in (A) in the matter preceding paragraph (1)— cution and are awaiting a final determina- which an alien detained pending the outcome (i) in the first sentence by striking ‘‘Attor- tion regarding their asylum claim by the im- migration courts should be modified in order of a removal proceeding, or an alien detained ney General’’ and inserting ‘‘Secretary of to ensure a more consistent application of pending the execution of a final order of re- Homeland Security’’; and these procedures in a way that both respects moval, is detained for more than 72 hours, or (ii) in the second sentence by striking ‘‘At- the interests of aliens pursuing valid claims any other facility in which such detention torney General’’ and inserting ‘‘Secretary’’; (B) in paragraph (2)— of asylum and ensures the presence of the services are provided to the Federal Govern- aliens at the immigration court proceedings. ment by contract, and does not include de- (i) in subparagraph (A)— SEC. ll06. LEGAL ORIENTATION PROGRAM. tention at any port of entry in the United (I) by striking ‘‘Attorney General’’ and in- (a) IN GENERAL.—The Attorney General, in States. serting ‘‘Secretary’’; and (II) by striking ‘‘or’’ at the end; consultation with the Secretary of Homeland (4) REASONABLE FEAR OF PERSECUTION OR Security, shall ensure that all detained TORTURE.—The term ‘‘reasonable fear of per- (ii) in subparagraph (B), by striking ‘‘but’’ at the end; and aliens in immigration and asylum pro- secution or torture’’ has the meaning given ceedings receive legal orientation through a that term in section 208.31 of title 8, Code of (iii) by inserting after subparagraph (B) the following: program administered and implemented by Federal Regulations. the Executive Office for Immigration Review (5) STANDARD.—The term ‘‘standard’’ ‘‘(C) the alien’s own recognizance; or ‘‘(D) a secure alternatives program as pro- of the Department of Justice. means any policy, procedure, or other re- (b) CONTENT OF PROGRAM.—The legal ori- vided for in this section; but’’; quirement. entation program developed pursuant to this (2) in subsection (b), by striking ‘‘Attorney SEC. ll03. RECORDING EXPEDITED REMOVAL section shall be based on the Legal Orienta- INTERVIEWS. General’’ and inserting ‘‘Secretary’’; tion Program carried out by the Executive (a) IN GENERAL.—The Secretary shall es- (3) in subsection (c)— Office for Immigration Review on the date of tablish quality assurance procedures and (A) by striking ‘‘Attorney General’’ and in- the enactment of this Act. take steps to effectively ensure that ques- serting ‘‘Secretary’’ each place it appears; (c) EXPANSION OF LEGAL ASSISTANCE.—The tions by employees of the Department exer- and Secretary shall ensure the expansion cising expedited removal authority under (B) in paragraph (2), by inserting ‘‘or for through the United States Citizenship and section 235(b) of the Immigration and Na- humanitarian reasons,’’ after ‘‘such an inves- Immigration Service of public-private part- tionality Act (8 U.S.C. 1225(b)) are asked in a tigation,’’; and nerships that facilitate pro bono counseling standard manner, and that both these ques- (4) in subsection (d)— and legal assistance for aliens awaiting a tions and the answers provided in response (A) in paragraph (1), by striking ‘‘Attorney credible fear of persecution interview or an to them are recorded in a uniform fashion. General’’ and inserting ‘‘Secretary’’; interview related to a reasonable fear of per- (b) FACTORS RELATING TO SWORN STATE- (B) in paragraph (1), in subparagraphs (A) secution or torture determination under sec- MENTS.—Where practicable, as determined by and (B), by striking ‘‘Service’’ each place it tion 241(b)(3). the Secretary, in the Secretary’s discretion, appears and inserting ‘‘Department of Home- SEC. ll07. CONDITIONS OF DETENTION. any sworn or signed written statement taken land Security’’; and (a) IN GENERAL.—The Secretary shall en- of an alien as part of the record of a pro- (C) in paragraph (3), by striking ‘‘Service’’ sure that standards governing conditions and ceeding under section 235(b)(1)(A) of the Im- and inserting ‘‘Secretary of Homeland Secu- procedures at detention facilities are fully migration and Nationality Act (8 U.S.C. rity’’. implemented and enforced, and that all de- 1225(b)(1)(A)) shall be accompanied by a re- SEC. ll05. REPORT TO CONGRESS ON PAROLE tention facilities comply with the standards. cording of the interview which served as the PROCEDURES AND STANDARDIZA- (b) PROCEDURES AND STANDARDS.—The Sec- basis for that sworn statement. TION OF PAROLE PROCEDURES. retary shall promulgate new standards, or (c) EXEMPTION AUTHORITY.— (a) IN GENERAL.—The Attorney General modify existing detention standards, to com- (1) IN GENERAL.—Subsection (b) shall not and the Secretary of Homeland Security ply with the following policies and proce- apply to interviews that occur at facilities, shall jointly conduct a review and report to dures:

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(1) FAIR AND HUMANE TREATMENT.—Proce- (A) victims of persecution, torture, traf- (B) conduct any review or audit relating to dures to prevent detainees from being sub- ficking, and domestic violence; detention as directed by the Secretary or the ject to degrading or inhumane treatment (B) families with children; Assistant Secretary; such as physical abuse, sexual abuse or har- (C) detainees who do not speak English; (C) report to the Secretary and the Assist- assment, or arbitrary punishment. and ant Secretary the results of all investiga- (2) LIMITATIONS ON SOLITARY CONFINE- (D) detainees with special religious, cul- tions, reviews, or audits; and MENT.—Procedures limiting the use of soli- tural, or spiritual considerations; and (D) refer matters, where appropriate, for tary confinement, shackling, and strip (2) ensure that procedures and conditions further action to— searches of detainees to situations where the of detention are appropriate for the popu- (i) the Department of Justice; use of such techniques is necessitated by se- lations described in paragraph (1). (ii) the Office of the Inspector General of curity interests, the safety of officers and (e) TRAINING OF PERSONNEL.— the Department; other detainees, or other extraordinary cir- (1) IN GENERAL.—The Secretary shall en- (iii) the Office of Civil Rights and Civil cumstances. sure that personnel in detention facilities Liberties of the Department; or (3) INVESTIGATION OF GRIEVANCES.—Proce- are given specialized training to better un- (iv) any other relevant office or agency. dures for the prompt and effective investiga- derstand and work with the population of de- (3) REPORT TO CONGRESS.— tion of grievances raised by detainees. tainees held at the facilities where such per- (A) IN GENERAL.—The Administrator of the (4) ACCESS TO TELEPHONES.—Procedures sonnel work. The training should address the Office shall submit to the Secretary, the As- permitting detainees sufficient access to unique needs of— sistant Secretary, the Committee on the Ju- telephones, and the ability to contact, free of (A) aliens who have established credible diciary and the Committee on Homeland Se- charge, legal representatives, the immigra- fear of persecution; curity and Governmental Affairs of the Sen- tion courts, the Board of Immigration Ap- (B) victims of torture or other trauma and ate, and the Committee on the Judiciary and peals, and the Federal courts through con- victims of persecution, trafficking, and do- the Committee on Homeland Security of the fidential toll-free numbers. mestic violence; and House of Representatives an annual report (5) LOCATION OF FACILITIES.—Location of (C) families with children, detainees who on the Administrator’s findings on detention detention facilities, to the extent prac- do not speak English, and detainees with conditions and the results of the completed ticable, near sources of free or low-cost legal special religious, cultural, or spiritual con- investigations carried out by the Adminis- representation with expertise in asylum or siderations. trator. immigration law. (2) SPECIALIZED TRAINING.—The training re- (B) CONTENTS OF REPORT.—Each report re- (6) PROCEDURES GOVERNING TRANSFERS OF quired by this subsection shall be designed to quired by subparagraph (A) shall include— DETAINEES.—Procedures governing the trans- better enable personnel to work with detain- (i) a description of— fer of a detainee that take into account— ees from different countries, and detainees (I) each detention facility found to be in (A) the detainee’s access to legal rep- who cannot speak English. The training noncompliance with the standards for deten- resentatives; and shall emphasize that many detainees have no tion required by this title; and (B) the proximity of the facility to the criminal records and are being held for civil (II) the actions taken by the Department venue of the asylum or removal proceeding. violations. to remedy any findings of noncompliance or (7) QUALITY OF MEDICAL CARE.— other identified problems; and (f) NO PRIVATE RIGHT OF ACTION.—Nothing (A) IN GENERAL.—Essential medical care in this section shall be construed to create (ii) information regarding whether such ac- provided promptly at no cost to the detainee, any right, benefit, trust, or responsibility, tions were successful and resulted in compli- including dental care, eye care, mental whether substantive or procedural, enforce- ance with detention standards. (c) COOPERATION WITH OTHER OFFICES AND health care, and where appropriate, indi- able in law or equity by a party against the AGENCIES.—Whenever appropriate, the Ad- vidual and group counseling, medical dietary United States, its departments, agencies, in- ministrator of the Office shall cooperate and needs, and other medically necessary spe- strumentalities, entities, officers, employ- coordinate its activities with— cialized care. Medical facilities in all deten- ees, or agents, or any person, nor does this (1) the Office of the Inspector General of tion facilities used by the Department main- section create any right of review in any ad- the Department; tain current accreditation by the National ministrative, judicial, or other proceeding. Commission on Correctional Health Care (2) the Office of Civil Rights and Civil Lib- (NCCHC). Requirements that each medical SEC. ll08. OFFICE OF DETENTION OVERSIGHT. erties of the Department; facility that is not accredited by the Joint (a) ESTABLISHMENT OF THE OFFICE.— (3) the Privacy Officer of the Department; Commission on the Accreditation of Health (1) IN GENERAL.—There shall be established (4) the Department of Justice; or Care Organizations (JCAHO) will seek to ob- within the Department an Office of Deten- (5) any other relevant office or agency. tain such accreditation. Maintenance of tion Oversight (in this section referred to as SEC. ll09. SECURE ALTERNATIVES PROGRAM. complete medical records for every detainee the ‘‘Office’’). (a) ESTABLISHMENT OF PROGRAM.—The Sec- which shall be made available upon request (2) HEAD OF THE OFFICE.—There shall be at retary shall establish a secure alternatives to a detainee, his legal representative, or the head of the Office an Administrator. At program under which an alien who has been other authorized individuals. the discretion of the Secretary, the Adminis- detained may be released under enhanced su- (B) EXCEPTION.—A detention facility that trator of the Office shall be appointed by, pervision to prevent the alien from abscond- is not operated by the Department of Home- and shall report to, either the Secretary or ing and to ensure that the alien makes ap- land Security or by a private contractor on the Assistant Secretary of Homeland Secu- pearances related to such detention. behalf of the Department of Homeland Secu- rity for United States Immigration and Cus- (b) PROGRAM REQUIREMENTS.— rity shall not be required to maintain cur- toms Enforcement. The Office shall be inde- (1) NATIONWIDE IMPLEMENTATION.—The Sec- rent accreditation by the NCCHC or to seek pendent of the Office of Detention and Re- retary shall facilitate the development of accreditation by the JCAHO. moval Operations, but shall be subject to the the secure alternatives program on a nation- (8) TRANSLATION CAPABILITIES.—The em- supervision and direction of the Secretary or wide basis, as a continuation of existing ployment of detention facility staff that, to Assistant Secretary. pilot programs such as the Intensive Super- the extent practicable, are qualified in the (3) SCHEDULE.—The Office shall be estab- vision Appearance Program developed by the languages represented in the population of lished and the Administrator of the Office Department. detainees at a detention facility, and the appointed not later than 6 months after the (2) UTILIZATION OF ALTERNATIVES.—In fa- provision of alternative translation services date of the enactment of this Act. cilitating the development of the secure al- when necessary. (b) RESPONSIBILITIES OF THE OFFICE.— ternatives program, the Secretary shall have (9) RECREATIONAL PROGRAMS AND ACTIVI- (1) INSPECTIONS OF DETENTION CENTERS.— discretion to utilize a continuum of alter- TIES.—Frequent access to indoor and outdoor The Administrator of the Office shall— natives to a supervision of the alien, includ- recreational programs and activities. (A) undertake regular and, where appro- ing placement of the alien with an individual (c) SPECIAL STANDARDS FOR NONCRIMINAL priate, unannounced inspections of all deten- or organizational sponsor, or in a supervised DETAINEES.—The Secretary shall promulgate tion facilities; group home. new standards, or modifications to existing (B) develop a procedure for any detainee or (3) ALIENS ELIGIBLE FOR SECURE ALTER- standards, that— the detainee’s representative to file a con- NATIVES PROGRAM.— (1) recognize the distinctions between per- fidential written complaint directly with the (A) IN GENERAL.—Aliens who would other- sons with criminal convictions or a history Office; and wise be subject to detention based on a con- of violent behavior and all other detainees; (C) report to the Secretary and to the As- sideration of the release criteria in section and sistant Secretary all findings of a detention 236(b)(2), or who are released pursuant to sec- (2) ensure that procedures and conditions facility’s noncompliance with detention tion 236(c)(2), shall be considered for the se- of detention are appropriate for a non- standards. cure alternatives program. criminal, nonviolent population. (2) INVESTIGATIONS.—The Administrator of (B) DESIGN OF PROGRAMS.—In developing (d) SPECIAL STANDARDS FOR SPECIFIC POPU- the Office shall— the secure alternatives program, the Sec- LATIONS.—The Secretary shall promulgate (A) initiate investigations, as appropriate, retary shall take into account the extent to new standards, or modifications to existing into allegations of systemic problems at de- which the program includes only those alter- standards, that— tention facilities or incidents that constitute natives to detention that reasonably and re- (1) recognize the unique needs of— serious violations of detention standards; liably ensure—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9948 CONGRESSIONAL RECORD — SENATE July 25, 2007 (i) the alien’s continued presence at all fu- United States, its departments, agencies, in- At the end, add the following: ture immigration proceedings; strumentalities, entities, officers, employ- DIVISION B—BORDER SECURITY (ii) the alien’s compliance with any future ees, or agents, or any person, nor does this TITLE X—BORDER SECURITY order or removal; and section create any right of review in any ad- REQUIREMENTS (iii) the public safety or national security. ministrative, judicial, or other proceeding. (C) CONTINUED EVALUATION.—The Secretary SEC. ll11. AUTHORIZATION OF APPROPRIA- SEC. 1001. SHORT TITLE. shall evaluate regularly the effectiveness of TIONS; EFFECTIVE DATE. This division may be cited as the ‘‘Border the program, including the effectiveness of (a) AUTHORIZATION OF APPROPRIATIONS.— Security First Act of 2007’’. the particular alternatives to detention used There are authorized to be appropriated such SEC. 1002. BORDER SECURITY REQUIREMENTS. under the program, and make such modifica- sums as are necessary to carry out this title. (a) REQUIREMENTS.—Not later than 2 years tions as the Secretary deems necessary to (b) EFFECTIVE DATE.—This title and the after the date of the enactment of this Act, improve the program’s effectiveness or to amendments made by this title shall take ef- the President shall ensure that the following deter abuse. fect on the date that is 180 days after the are carried out: (4) CONTRACTS AND OTHER CONSIDER- date of the enactment of this Act. (1) OPERATIONAL CONTROL OF THE INTER- ATIONS.—The Secretary may enter into con- NATIONAL BORDER WITH MEXICO.—The Sec- tracts with qualified nongovernmental enti- SA 2410. Mr. KERRY (for himself and retary of Homeland Security shall establish ties to implement the secure alternatives Mr. KENNEDY) submitted an amend- and demonstrate operational control of 100 program and, in designing such program, ment intended to be proposed to percent of the international land border be- shall consult with relevant experts and con- amendment SA 2383 proposed by Mr. tween the United States and Mexico, includ- sider programs that have proven successful ing the ability to monitor such border BYRD (for himself and Mr. COCHRAN) to in the past. through available methods and technology. the bill H.R. 2638, making appropria- SEC. ll10. LESS RESTRICTIVE DETENTION FA- (2) STAFF ENHANCEMENTS FOR BORDER PA- CILITIES. tions for the Department of Homeland TROL.—The United States Customs and Bor- (a) CONSTRUCTION.—To the extent prac- Security for the fiscal year ending Sep- der Protection Border Patrol shall hire, ticable, the Secretary shall facilitate the tember 30, 2008, and for other purposes; train, and report for duty 23,000 full-time construction or use of secure but less restric- which was ordered to lie on the table; agents. tive detention facilities for the purpose of as follows: (3) STRONG BORDER BARRIERS.—The United long-term detention where detainees are States Customs and Border Protection Bor- held longer than 72 hours. At the appropriate place, insert the fol- lowing: der Patrol shall— (b) CRITERIA.—In pursuing the development (A) install along the international land of detention facilities pursuant to this sec- SEC. ll. IG REPORT ON RISK-BASED GRANT border between the United States and Mex- PROGRAM. tion, the Secretary shall— ico at least— Not later than 180 days after the date of (1) consider the design, operation, and con- (i) 300 miles of vehicle barriers; enactment, of this Act, the Inspector Gen- ditions of existing secure but less restrictive (ii) 700 linear miles of fencing as required eral of the Department of Homeland Secu- detention facilities; and by the Secure Fence Act of 2006 (Public Law rity shall submit a report to the appropriate (2) to the extent practicable, construct or 109–367), as amended by this Act; and congressional committees (as defined in sec- use detention facilities where— (iii) 105 ground-based radar and camera tion 2(2) of the Homeland Security Act of (A) movement within and between indoor towers; and 2002 (6 U.S.C. 101(2))) which assesses the cri- and outdoor areas of the facility is subject to (B) deploy for use along the international teria the Department uses in its grant pro- minimal restrictions; land border between the United States and grams to determine the risk of an applicant (B) detainees have ready access to social, Mexico 4 unmanned aerial vehicles, and the to a terrorist attack and whether it is fol- psychological, and medical services; supporting systems for such vehicles. (C) detainees with special needs, including lowing Congressional directive related to the (4) CATCH AND RETURN.—The Secretary of distribution of funds based on risk. The re- those who have experienced trauma or tor- Homeland Security shall detain all remov- port shall include— ture, have ready access to services and treat- able aliens apprehended crossing the inter- (1) an analysis of the Department’s policy ment addressing their needs; national land border between the United of ranking states, cities, and other grantees (D) detainees have frequent access to pro- States and Mexico in violation of Federal or grams and recreation; by tiered groups; (2) an analysis of whether the grantees State law, except as specifically mandated (E) detainees are permitted contact visits by Federal or State law or humanitarian cir- with legal representatives and family mem- within those tiers are at a similar level of risk; cumstances, and United States Immigration bers; and and Customs Enforcement shall have the re- (F) special facilities are provided to fami- (3) examples of how the Department ap- plied its risk methodologies to individual lo- sources to maintain this practice, including lies with children. the resources necessary to detain up to 45,000 (c) FACILITIES FOR FAMILIES WITH CHIL- cations; aliens per day on an annual basis. DREN.—In any case in which release or secure (4) recommendations to improve the De- (b) PRESIDENTIAL PROGRESS REPORT.— alternatives programs are not a practicable partment’s grant programs; and (1) IN GENERAL.—Not later than 90 days option, the Secretary shall, to the extent (5) any other information the Inspector after the date of enactment of this Act, and practicable, ensure that special detention fa- General finds relevant. every 90 days thereafter until the require- cilities for the purposes of long-term deten- ments under subsection (a) are met, the tion where detainees are held longer than 72 SA 2411. Mr. LIEBERMAN submitted hours are specifically designed to house par- an amendment intended to be proposed President shall submit a report to Congress detailing the progress made in funding, ents with their minor children, including en- to amendment SA 2383 proposed by Mr. suring that— meeting, or otherwise satisfying each of the BYRD (for himself and Mr. COCHRAN) to requirements described under paragraphs (1) (1) procedures and conditions of detention the bill H.R. 2638, making appropria- are appropriate for families with minor chil- through (4) of subsection (a), including de- dren; and tions for the Department of Homeland tailing any contractual agreements reached (2) living and sleeping quarters for children Security for the fiscal year ending Sep- to carry out such measures. under 14 years of age are not physically sepa- tember 30, 2008, and for other purposes; (2) PROGRESS NOT SUFFICIENT.—If the Presi- rated from at least 1 of the child’s parents. which was ordered to lie on the table; dent determines that sufficient progress is not being made, the President shall include (d) PLACEMENT IN NONPUNITIVE FACILI- as follows: in the report required under paragraph (1) TIES.—Among the factors to be considered On page 37, line 7, insert ‘‘, whether or not with respect to placing a detainee in a less specific funding recommendations, author- located in high-threat, high-density urban ization needed, or other actions that are or restrictive facility is whether the detainee areas,’’ after ‘‘code)’’. is— should be undertaken by the Secretary of Homeland Security. (1) part of a family with minor children; SA 2412. Mr. GRAHAM (for himself, (2) a victim of persecution, torture, traf- SEC. 1003. APPROPRIATIONS FOR BORDER SECU- ficking, or domestic violence; or Mr. GREGG, Mr. SESSIONS, Mr. KYL, Mr. RITY. (3) a nonviolent, noncriminal detainee. CORNYN, Mr. MCCONNELL, Mr. DOMEN- There is hereby appropriated $3,000,000,000 (e) PROCEDURES AND STANDARDS.—Where ICI, Mr. MCCAIN, Mr. SUNUNU, Mr. MAR- to satisfy the requirements set out in section necessary, the Secretary shall promulgate TINEZ, Mr. COLEMAN, and Mr. SPECTER) 1002(a) and, if any amount remains after sat- new standards, or modify existing detention proposed an amendment to amendment isfying such requirements, to achieve and standards, to promote the development of SA 2383 proposed by Mr. BYRD (for him- maintain operational control over the inter- national land and maritime borders of the less restrictive detention facilities. self and Mr. COCHRAN) to the bill H.R. (f) NO PRIVATE RIGHT OF ACTION.—Nothing United States and for employment eligibility in this section shall be construed to create 2638, making appropriations for the De- verification improvements. These amounts any right, benefit, trust, or responsibility, partment of Homeland Security for the are designated as an emergency requirement whether substantive or procedural, enforce- fiscal year ending September 30, 2008, pursuant to section 204 of S. Con. Res. 21 able in law or equity by a party against the and for other purposes; as follows: (110th Congress).

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9949 TITLE XI—BORDER CONTROL ‘‘(5) 2,400 in fiscal year 2011; and SEC. 1103. INFRASTRUCTURE. ENHANCEMENTS ‘‘(6) 2,400 in fiscal year 2012. Section 102 of the Illegal Immigration Re- Subtitle A—Assets for Controlling United ‘‘(b) NORTHERN BORDER.—In each of the fis- form and Immigrant Responsibility Act of States Borders cal years 2008 through 2012, in addition to the 1996 (8 U.S.C. 1103 note) is amended— SEC. 1101. ENFORCEMENT PERSONNEL. border patrol agents assigned along the (1) in subsection (a), by striking ‘‘Attorney (a) ADDITIONAL PERSONNEL.— northern border of the United States during General, in consultation with the Commis- (1) U.S. CUSTOMS AND BORDER PROTECTION the previous fiscal year, the Secretary shall sioner of Immigration and Naturalization,’’ OFFICERS.—In each of the fiscal years 2008 assign a number of border patrol agents and inserting ‘‘Secretary of Homeland Secu- through 2012, the Secretary shall, subject to equal to not less than 20 percent of the net rity’’; and the availability of appropriations, increase increase in border patrol agents during each (2) in subsection (b)— by not less than 500 the number of positions such fiscal year. (A) by redesignating paragraphs (1), (2), (3), for full-time active duty CBP officers and ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— and (4) as paragraphs (2), (3), (4), and (5), re- provide appropriate training, equipment, and There are authorized to be appropriated such spectively; support to such additional CBP officers. sums as may be necessary for each of fiscal (B) by inserting before paragraph (2), as re- (2) INVESTIGATIVE PERSONNEL.— years 2008 through 2012 to carry out this sec- designated, the following: (A) IMMIGRATION AND CUSTOMS ENFORCE- tion.’’. ‘‘(1) FENCING NEAR SAN DIEGO, CALIFORNIA.— MENT INVESTIGATORS.—Section 5203 of the In- (c) SHADOW WOLVES APPREHENSION AND In carrying out subsection (a), the Secretary telligence Reform and Terrorism Prevention TRACKING.— shall provide for the construction along the Act of 2004 (Public Law 108–458; 118 Stat. 3734) (1) PURPOSE.—The purpose of this sub- 14 miles of the international land border of is amended by striking ‘‘800’’ and inserting section is to authorize the Secretary, acting the United States, starting at the Pacific ‘‘1000’’. through the Assistant Secretary of Immigra- Ocean and extending eastward, of second and (B) ADDITIONAL PERSONNEL.—In addition to tion and Customs Enforcement (referred to third fences, in addition to the existing rein- the positions authorized under section 5203 of in this subsection as the ‘‘Secretary’’), to es- forced fence, and for roads between the the Intelligence Reform and Terrorism Pre- tablish new units of Customs Patrol Officers fences.’’. vention Act of 2004, as amended by subpara- (commonly known as ‘‘Shadow Wolves’’) dur- (C) in paragraph (2), as redesignated— graph (A), during each of the fiscal years 2008 ing the 5-year period beginning on the date (i) in the header, by striking ‘‘SECURITY through 2012, the Secretary shall, subject to of enactment of this Act. FEATURES’’ and inserting ‘‘ADDITIONAL FENC- the availability of appropriations, increase (2) ESTABLISHMENT OF NEW UNITS.— ING ALONG SOUTHWEST BORDER’’; and by not less than 200 the number of positions (A) IN GENERAL.—During the 5-year period (ii) by striking subparagraphs (A) through for personnel within the Department as- beginning on the date of enactment of this (C) and inserting the following: signed to investigate alien smuggling. Act, the Secretary is authorized to establish ‘‘(A) REINFORCED FENCING.—In carrying out (3) DEPUTY UNITED STATES MARSHALS.—In within United States Immigration and Cus- subsection (a), the Secretary of Homeland each of the fiscal years 2008 through 2012, the toms Enforcement up to 5 additional units of Security shall construct reinforced fencing Attorney General shall, subject to the avail- Customs Patrol Officers in accordance with along not less than 700 miles of the south- ability of appropriations, increase by not this subsection, as appropriate. west border where fencing would be most less than 50 the number of positions for full- (B) MEMBERSHIP.—Each new unit estab- practical and effective and provide for the time active duty Deputy United States Mar- lished pursuant to subparagraph (A) shall installation of additional physical barriers, shals that assist in matters related to immi- consist of up to 15 Customs Patrol Officers. roads, lighting, cameras, and sensors to gain gration. (3) DUTIES.—The additional Immigration operational control of the southwest border. (4) RECRUITMENT OF FORMER MILITARY PER- and Customs Enforcement units established ‘‘(B) PRIORITY AREAS.—In carrying out this SONNEL.— pursuant to paragraph (2)(A) shall operate on section, the Secretary of Homeland Security (A) IN GENERAL.—The Commissioner of Indian reservations (as defined in section 3 of shall— United States Customs and Border Protec- the Indian Financing Act of 1974 (25 U.S.C. ‘‘(i) identify the 370 miles along the south- tion, in conjunction with the Secretary of 1452)) located on or near (as determined by west border where fencing would be most Defense or a designee of the Secretary of De- the Secretary) an international border with practical and effective in deterring smug- fense, shall establish a program to actively Canada or Mexico, and such other Federal glers and aliens attempting to gain illegal recruit members of the Army, Navy, Air land as the Secretary determines to be ap- entry into the United States; and Force, Marine Corps, and Coast Guard who propriate, by— ‘‘(ii) not later than December 31, 2008, com- have elected to separate from active duty. (A) investigating and preventing the entry plete construction of reinforced fencing (B) REPORT.—Not later than 180 days after of terrorists, other unlawful aliens, instru- along the 370 miles identified under clause the date of the enactment of this Act, the ments of terrorism, narcotics, and other con- (i). Commissioner shall submit a report on the traband into the United States; and ‘‘(C) CONSULTATION.— implementation of the recruitment program (B) carrying out such other duties as the ‘‘(i) IN GENERAL.—In carrying out this sec- established pursuant to subparagraph (A) to Secretary determines to be necessary. tion, the Secretary of Homeland Security the Committee on the Judiciary of the Sen- (4) AUTHORIZATION OF APPROPRIATIONS.— shall consult with the Secretary of the Inte- ate and the Committee on the Judiciary of There are authorized to be appropriated to rior, the Secretary of Agriculture, States, the House of Representatives. carry out this subsection such sums as are local governments, Indian tribes, and prop- (b) AUTHORIZATION OF APPROPRIATIONS.— necessary for each of fiscal years 2008 erty owners in the United States to mini- (1) U.S. CUSTOMS AND BORDER PROTECTION through 2013. mize the impact on the environment, cul- OFFICERS.—There are authorized to be appro- ture, commerce, and quality of life for the SEC. 1102. TECHNOLOGICAL ASSETS. priated to the Secretary such sums as may communities and residents located near the be necessary for each of the fiscal years 2008 (a) ACQUISITION.—Subject to the avail- sites at which such fencing is to be con- through 2012 to carry out paragraph (1) of ability of appropriations for such purpose, structed. subsection (a). the Secretary shall procure additional un- ‘‘(ii) SAVINGS PROVISION.—Nothing in this (2) DEPUTY UNITED STATES MARSHALS.— manned aerial vehicles, cameras, poles, sen- subparagraph may be construed to— There are authorized to be appropriated to sors, and other technologies necessary to ‘‘(I) create any right of action for a State, the Attorney General such sums as may be achieve operational control of the borders of local government, or other person or entity necessary for each of the fiscal years 2008 the United States. affected by this subsection; or through 2012 to carry out subsection (a)(3). (b) INCREASED AVAILABILITY OF EQUIP- ‘‘(II) affect the eminent domain laws of the (3) BORDER PATROL AGENTS.—Section 5202 of MENT.—The Secretary and the Secretary of United States or of any State. the Intelligence Reform and Terrorism Pre- Defense shall develop and implement a plan ‘‘(D) LIMITATION ON REQUIREMENTS.—Not- vention Act of 2004 (118 Stat. 3734) is amend- to use authorities provided to the Secretary withstanding subparagraph (A), nothing in ed to read as follows: of Defense under chapter 18 of title 10, this paragraph shall require the Secretary of ‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PA- United States Code, to increase the avail- Homeland Security to install fencing, phys- TROL AGENTS. ability and use of Department of Defense ical barriers, roads, lighting, cameras, and ‘‘(a) ANNUAL INCREASES.—The Secretary of equipment, including unmanned aerial vehi- sensors in a particular location along an Homeland Security shall increase the num- cles, tethered aerostat radars, and other sur- international border of the United States, if ber of positions for full-time active duty bor- veillance equipment, to assist the Secretary the Secretary determines that the use or der patrol agents within the Department of in carrying out surveillance activities con- placement of such resources is not the most Homeland Security (above the number of ducted at or near the international land bor- appropriate means to achieve and maintain such positions for which funds were appro- ders of the United States to prevent illegal operational control over the international priated for the preceding fiscal year), by not immigration. border at such location.’’; and less than— (c) AUTHORIZATION OF APPROPRIATIONS.— (D) in paragraph (5), as redesignated, by ‘‘(1) 2,000 in fiscal year 2007; There are authorized to be appropriated to striking ‘‘to carry out this subsection not to ‘‘(2) 2,400 in fiscal year 2008; the Secretary such sums as may be nec- exceed $12,000,000’’ and inserting ‘‘such sums ‘‘(3) 2,400 in fiscal year 2009; essary for each of the fiscal years 2008 as may be necessary to carry out this sub- ‘‘(4) 2,400 in fiscal year 2010; through 2012 to carry out subsection (a). section’’.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9950 CONGRESSIONAL RECORD — SENATE July 25, 2007 SEC. 1104. PORTS OF ENTRY. ‘‘(B) any lawful permanent resident who is tion involved the operation of a motor vehi- Section 102 of the Illegal Immigration Re- entering the United States and who is not re- cle, aircraft, or vessel— form and Immigrant Responsibility Act of garded as seeking admission pursuant to sec- ‘‘(A) in excess of the applicable or posted 1996, Division C of Public Law 104–208, is tion 101(a)(13)(C).’’. speed limit; amended by the addition, at the end of that (c) COLLECTION OF BIOMETRIC DATA FROM ‘‘(B) in excess of the rated capacity of the section, of the following new subsection: ALIEN CREWMEN.—Section 252 (8 U.S.C. 1282) motor vehicle, aircraft, or vessel; or ‘‘(e) CONSTRUCTION AND IMPROVEMENTS.— is amended by adding at the end the fol- ‘‘(C) in an otherwise dangerous or reckless The Secretary is authorized to— lowing: manner; ‘‘(1) construct additional ports of entry ‘‘(d) An immigration officer is authorized ‘‘(2) be fined under this title, imprisoned along the international land borders of the to collect biometric data from an alien crew- not more than 20 years, or both, if the viola- United States, at locations to be determined man seeking permission to land temporarily tion created a substantial and foreseeable by the Secretary; and in the United States.’’. risk of serious bodily injury or death to any ‘‘(2) make necessary improvements to the (d) GROUNDS OF INADMISSIBILITY.—Section person; ports of entry.’’. 212 (8 U.S.C. 1182) is amended— ‘‘(3) be fined under this title, imprisoned SEC. 1105. INCREASED BORDER PATROL TRAIN- (1) in subsection (a)(7), by adding at the not more than 30 years, or both, if the viola- ING CAPACITY. end the following: tion caused serious bodily injury to any per- (a) IN GENERAL.—If the Secretary of Home- ‘‘(C) WITHHOLDERS OF BIOMETRIC DATA.— son; or land Security, in his discretion, determines Any alien who fails or has failed to comply ‘‘(4) be fined under this title, imprisoned that existing capacity is insufficient to meet with a lawful request for biometric data for any term of years or life, or both, if the Border Patrol training needs, Secretary of under section 215(c), 235(d), or 252(d) is inad- violation resulted in the death of any person. Homeland Security shall acquire sufficient missible.’’; and ‘‘(d) ATTEMPT AND CONSPIRACY.—Any per- training staff and training facilities to in- (2) in subsection (d), by inserting after son who attempts or conspires to commit crease the capacity of the Department of paragraph (1) the following: any offense under this section shall be pun- Homeland Security to train 2,400 new, full- ‘‘(2) The Secretary may waive the applica- ished in the same manner as a person who time, active duty Border Patrol agents per tion of subsection (a)(7)(C) for an individual completes the offense. year for fiscal years 2008 through 2012. alien or class of aliens.’’. ‘‘(e) FORFEITURE.—Any property, real or (b) AUTHORIZATION OF APPROPRIATIONS.— (e) IMPLEMENTATION.—Section 7208 of the 9/ personal, constituting or traceable to the There are authorized to be appropriated such 11 Commission Implementation Act of 2004 (8 gross proceeds of the offense and any prop- amounts as may be necessary for each of the U.S.C. 1365b) is amended— erty, real or personal, used or intended to be fiscal years 2008 through 2012 to carry out (1) in subsection (c), by adding at the end used to commit or facilitate the commission this section. the following: of the offense shall be subject to forfeiture. ‘‘(f) FORFEITURE PROCEDURES.—Seizures SEC. 1106. INCREASED IMMIGRATION AND CUS- ‘‘(3) IMPLEMENTATION.—In fully imple- and forfeitures under this section shall be TOMS ENFORCEMENT PERSONNEL. menting the automated biometric entry and governed by the provisions of chapter 46 of (a) REMOVAL PERSONNEL.—During each of exit data system under this section, the Sec- this title, relating to civil forfeitures, in- the fiscal years 2008 through 2012, the Sec- retary is not required to comply with the re- cluding section 981(d) of such title, except retary of Homeland Security shall increase quirements of chapter 5 of title 5, United that such duties as are imposed upon the by not less than 1,000 each year the number States Code (commonly referred to as the Secretary of the Treasury under the customs of positions for full-time active duty forensic Administrative Procedure Act) or any other laws described in that section shall be per- auditors, intelligence officers, and investiga- law relating to rulemaking, information col- formed by such officers, agents, and other tors in United States Immigration and Cus- lection, or publication in the Federal Reg- persons as may be designated for that pur- toms Enforcement to carry out the removal ister.’’; and pose by the Secretary of Homeland Security of aliens who are not admissible to or are (2) in subsection (l)— or the Attorney General. Nothing in this sec- subject to removal from the United States, (A) by striking ‘‘There are authorized’’ and tion shall limit the authority of the Sec- or have overstayed their nonimmigrant inserting the following: retary to seize and forfeit motor vehicles, visas. ‘‘(1) IN GENERAL.—There are authorized’’; aircraft, or vessels under the Customs laws (b) INVESTIGATION PERSONNEL.—During and or any other laws of the United States. each of the fiscal years 2008 through 2012, the (B) by adding at the end the following: ‘‘(g) DEFINITIONS.—For purposes of this sec- Secretary of Homeland Security shall in- ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER tion— crease by not less than 1,000 each year the PORTS OF ENTRY.—There are authorized to be ‘‘(1) The term ‘checkpoint’ includes, but is number of positions for full-time investiga- appropriated such sums as may be necessary not limited to, any customs or immigration tors in United States Immigration and Cus- for each of fiscal years 2008 and 2009 to imple- inspection at a port of entry. toms Enforcement to investigate immigra- ment the automated biometric entry and ‘‘(2) The term ‘lawful command’ includes, tion fraud and enforce workplace violations. exit data system at all land border ports of but is not limited to, a command to stop, de- (c) AUTHORIZATION OF APPROPRIATIONS.— entry.’’. crease speed, alter course, or land, whether There are authorized to be appropriated such SEC. 1108. UNLAWFUL FLIGHT FROM IMMIGRA- communicated orally, visually, by means of amounts as may be necessary for each of the TION OR CUSTOMS CONTROLS. lights or sirens, or by radio, telephone, or fiscal years 2008 through 2012 to carry out Section 758 of title 18, United States Code, other wire communication. this section. is amended to read as follows: ‘‘(3) The term ‘law enforcement agent’ Subtitle B—Other Border Security Initiatives ‘‘SEC. 758. UNLAWFUL FLIGHT FROM IMMIGRA- means any Federal, State, local or tribal of- SEC. 1107. BIOMETRIC ENTRY-EXIT SYSTEM. TION OR CUSTOMS CONTROLS. ficial authorized to enforce criminal law, (a) COLLECTION OF BIOMETRIC DATA FROM ‘‘(a) EVADING A CHECKPOINT.—Any person and, when conveying a command covered ALIENS ENTERING AND DEPARTING THE UNITED who, while operating a motor vehicle or ves- under subsection (b) of this section, an air STATES.—Section 215 (8 U.S.C. 1185) is sel, knowingly flees or evades a checkpoint traffic controller. amended— operated by the Department of Homeland Se- ‘‘(4) The term ‘motor vehicle’ means any (1) by redesignating subsection (c) as sub- curity or any other Federal law enforcement motorized or self-propelled means of terres- section (g); agency, and then knowingly or recklessly trial transportation. (2) by moving subsection (g), as redesig- disregards or disobeys the lawful command ‘‘(5) The term ‘serious bodily injury’ has nated by paragraph (1), to the end; and of any law enforcement agent, shall be fined the meaning given in section 2119(2) of this (3) by inserting after subsection (b) the fol- under this title, imprisoned not more than 5 title.’’. lowing: years, or both. SEC. 1109. SEIZURE OF CONVEYANCE WITH CON- ‘‘(c) The Secretary is authorized to require ‘‘(b) FAILURE TO STOP.—Any person who, CEALED COMPARTMENT: EXPAND- aliens entering and departing the United while operating a motor vehicle, aircraft, or ING THE DEFINITION OF CONVEY- ANCES WITH HIDDEN COMPART- States to provide biometric data and other vessel, knowingly, or recklessly disregards MENTS SUBJECT TO FORFEITURE. or disobeys the lawful command of an officer information relating to their immigration (a) IN GENERAL.—Section 1703 of title 19, status.’’. of the Department of Homeland Security en- United States Code is amended: (b) INSPECTION OF APPLICANTS FOR ADMIS- gaged in the enforcement of the immigra- (1) by amending the title of such section to SION.—Section 235(d) (8 U.S.C. 1225 (d)) is tion, customs, or maritime laws, or the law- read as follows: amended by adding at the end the following: ful command of any law enforcement agent ‘‘SEC. 1703. SEIZURE AND FORFEITURE OF VES- ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC assisting such officer, shall be fined under SELS, VEHICLES, OTHER CONVEY- DATA.—In conducting inspections under sub- this title, imprisoned not more than 2 years, ANCES, AND INSTRUMENTS OF sections (a) and (b), immigration officers are or both. INTERNATIONAL TRAFFIC.’’; authorized to collect biometric data from— ‘‘(c) ALTERNATIVE PENALTIES.—Notwith- (2) by amending the title of subsection (a) ‘‘(A) any applicant for admission or any standing the penalties provided in subsection to read as follows: alien who is paroled under section 212(d)(5), (a) or (b), any person who violates such sub- ‘‘(a) VESSELS, VEHICLES, OTHER CONVEY- seeking to or permitted to land temporarily section shall— ANCES, AND INSTRUMENTS OF INTERNATIONAL as an alien crewman, or seeking to or per- ‘‘(1) be fined under this title, imprisoned TRAFFIC SUBJECT TO SEIZURE AND FOR- mitted transit through the United States; or not more than 10 years, or both, if the viola- FEITURE.—’’;

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9951 (3) by amending the title of subsection (b) (A) increased United States Customs and (4) other necessary equipment for oper- to read as follows: Border Protection personnel to secure pro- ational support. ‘‘(b) VESSELS, VEHICLES, OTHER CONVEY- tected land along the international land bor- (b) AUTHORIZATION OF APPROPRIATIONS.— ANCES, AND INSTRUMENTS OF INTERNATIONAL ders of the United States; (1) IN GENERAL.—There are authorized to be TRAFFIC DEFINED.—’’; (B) Federal land resource training for appropriated to the Secretary to carry out (4) by inserting ‘‘, vehicle, other convey- United States Customs and Border Protec- subsection (a)— ance, or instrument of international traffic’’ tion agents dedicated to protected land; and (A) $178,400,000 for fiscal year 2008; and after the word ‘‘vessel’’ everywhere it ap- (C) Unmanned Aerial Vehicles, aerial as- (B) $276,000,000 for fiscal year 2009. pears in the text of subsections (a) and (b); sets, Remote Video Surveillance camera sys- (2) AVAILABILITY OF FUNDS.—Amounts ap- and tems, and sensors on protected land that is propriated pursuant to paragraph (1) shall (5) by amending subsection (c) to read as directly adjacent to the international land remain available until expended. follows: border of the United States. SEC. 1114. SURVEILLANCE TECHNOLOGIES PRO- ‘‘(c) ACTS CONSTITUTING PRIMA FACIE EVI- (2) COORDINATION.—In providing training GRAMS. DENCE OF VESSEL, VEHICLE, OR OTHER CON- for Customs and Border Protection agents (a) AERIAL SURVEILLANCE PROGRAM.— VEYANCE OR INSTRUMENT OF INTERNATIONAL under paragraph (1)(B), the Secretary shall (1) IN GENERAL.—In conjunction with the TRAFFIC ENGAGED IN SMUGGLING.—For the coordinate with the Secretary concerned to border surveillance plan developed under sec- purposes of this section, prima facie evidence ensure that the training is appropriate to tion 5201 of the Intelligence Reform and Ter- that a conveyance is being, or has been, or is the mission of the National Park Service, rorism Prevention Act of 2004 (Public Law attempted to be employed in smuggling or to the United States Fish and Wildlife Service, 108–458; 8 U.S.C. 1701 note), the Secretary, defraud the revenue of the United States the Forest Service, or the relevant agency of not later than 90 days after the date of en- shall be— the Department of the Interior or the De- actment of this Act, shall develop and imple- ‘‘(1) in the case of a vessel, the fact that a partment of Agriculture to minimize the ad- ment a program to fully integrate and utilize vessel has become subject to pursuit as pro- verse impact on natural and cultural re- aerial surveillance technologies, including vided in section 1581 of this title, or is a hov- sources from border protection activities. unmanned aerial vehicles, to enhance the se- ering vessel, or that a vessel fails, at any curity of the international border between (c) ANALYSIS OF DAMAGE TO PROTECTED place within the customs waters of the the United States and Canada and the inter- LANDS.—The Secretary and Secretaries con- United States or within a customs-enforce- cerned shall develop an analysis of damage national border between the United States ment area, to display light as required by to protected lands relating to illegal border and Mexico. The goal of the program shall be to ensure continuous monitoring of each law; and activity, including the cost of equipment, mile of each such border. ‘‘(2) in the case of a vehicle, other convey- training, recurring maintenance, construc- (2) ASSESSMENT AND CONSULTATION RE- ance, or instrument of international traffic, tion of facilities, restoration of natural and QUIREMENTS.—In developing the program the fact that a vehicle, other conveyance, or cultural resources, recapitalization of facili- under this subsection, the Secretary shall— instrument of international traffic has any ties, and operations. compartment or equipment that is built or (A) consider current and proposed aerial (d) RECOMMENDATIONS.—The Secretary surveillance technologies; fitted out for smuggling.’’. shall— (b) CLERICAL AMENDMENT.—The table of (B) assess the feasibility and advisability (1) develop joint recommendations with sections for Chapter 5 in title 19, United of utilizing such technologies to address bor- the National Park Service, the United States States Code, is amended by striking the der threats, including an assessment of the Fish and Wildlife Service, and the Forest items relating to section 1703 and inserting technologies considered best suited to ad- Service for an appropriate cost recovery in lieu thereof the following: dress respective threats; mechanism relating to items identified in (C) consult with the Secretary of Defense ‘‘Sec. 1703. Seizure and forfeiture of vessels, subsection (c); and regarding any technologies or equipment vehicles, other conveyances and (2) not later than 1 year from the date of which the Secretary may deploy along an instruments of international enactment, submit to the appropriate con- international border of the United States; traffic.’’. gressional committees (as defined in section and Subtitle C—Other Measures 2 of the Homeland Security Act of 2002 (6 (D) consult with the Administrator of the SEC. 1110. DEATHS AT UNITED STATES-MEXICO U.S.C. 101)), including the Subcommittee on Federal Aviation Administration regarding BORDER. National Parks of the Senate and the Sub- safety, airspace coordination and regulation, (a) COLLECTION OF STATISTICS.—The Com- committee on National Parks, Recreation, and any other issues necessary for imple- missioner of the Bureau of Customs and Bor- and Public Lands of the House of Represent- mentation of the program. der Protection shall collect statistics relat- atives, the recommendations developed (3) ADDITIONAL REQUIREMENTS.—The pro- ing to deaths occurring at the border be- under paragraph (1). gram developed under this subsection shall tween the United States and Mexico, includ- (e) BORDER PROTECTION STRATEGY.—The include the use of a variety of aerial surveil- ing— Secretary, the Secretary of the Interior, and lance technologies in a variety of (1) the causes of the deaths; and the Secretary of Agriculture shall jointly de- topographies and areas, including populated (2) the total number of deaths. velop a border protection strategy that sup- and unpopulated areas located on or near an (b) REPORT.—Not later than 1 year after ports the border security needs of the United international border of the United States, in the date of enactment of this Act, and annu- States in the manner that best protects the order to evaluate, for a range of cir- ally thereafter, the Commissioner of the Bu- homeland, including— reau of Customs and Border Protection shall cumstances— (1) units of the National Park System; submit to the Secretary a report that— (A) the significance of previous experiences (2) National Forest System land; (1) analyzes trends with respect to the sta- with such technologies in border security or (3) land under the jurisdiction of the tistics collected under subsection (a) during critical infrastructure protection; United States Fish and Wildlife Service; and the preceding year; and (B) the cost and effectiveness of various (4) other relevant land under the jurisdic- (2) recommends actions to reduce the technologies for border security, including tion of the Department of the Interior or the deaths described in subsection (a). varying levels of technical complexity; and Department of Agriculture. SEC. 1111. BORDER SECURITY ON CERTAIN FED- (C) liability, safety, and privacy concerns ERAL LAND. SEC. 1112. SECURE COMMUNICATION. relating to the utilization of such tech- (a) DEFINITIONS.—In this section: The Secretary shall, as expeditiously as nologies for border security. (1) PROTECTED LAND.—The term ‘‘protected practicable, develop and implement a plan to (4) CONTINUED USE OF AERIAL SURVEILLANCE land’’ means land under the jurisdiction of improve the use of satellite communications TECHNOLOGIES.—The Secretary may continue the Secretary concerned. and other technologies to ensure clear and the operation of aerial surveillance tech- (2) SECRETARY CONCERNED.—The term ‘‘Sec- secure 2-way communication capabilities— nologies while assessing the effectiveness of retary concerned’’ means— (1) among all Border Patrol agents con- the utilization of such technologies. (A) with respect to land under the jurisdic- ducting operations between ports of entry; (5) REPORT TO CONGRESS.—Not later than tion of the Secretary of Agriculture, the Sec- (2) between Border Patrol agents and their 180 days after implementing the program retary of Agriculture; and respective Border Patrol stations; and under this subsection, the Secretary shall (B) with respect to land under the jurisdic- (3) between all appropriate border security submit a report to Congress regarding the tion of the Secretary of the Interior, the Sec- agencies of the Department and State, local, program developed under this subsection. retary of the Interior. and tribal law enforcement agencies. The Secretary shall include in the report a (b) SUPPORT FOR BORDER SECURITY SEC. 1113. UNMANNED AIRCRAFT SYSTEMS. description of the program together with NEEDS.— (a) UNMANNED AIRCRAFT AND ASSOCIATED such recommendations as the Secretary (1) IN GENERAL.—To gain operational con- INFRASTRUCTURE.—The Secretary shall ac- finds appropriate for enhancing the program. trol over the international land borders of quire and maintain unmanned aircraft sys- (6) AUTHORIZATION OF APPROPRIATIONS.— the United States and to prevent the entry of tems for use on the border, including related There are authorized to be appropriated such terrorists, unlawful aliens, narcotics, and equipment such as— sums as may be necessary to carry out this other contraband into the United States, the (1) additional sensors; subsection. Secretary, in cooperation with the Secretary (2) critical spares; (b) INTEGRATED AND AUTOMATED SURVEIL- concerned, shall provide— (3) satellite command and control; and LANCE PROGRAM.—

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(1) REQUIREMENT FOR PROGRAM.—Subject to manner. Not later than 30 days after the date ing operational control over the entire inter- the availability of appropriations, the Sec- the Secretary receives a report of findings national land and maritime borders of the retary shall establish a program to procure from the Inspector General, the Secretary United States. additional unmanned aerial vehicles, cam- shall submit to the Committee on Homeland (5) An assessment of the most appropriate, eras, poles, sensors, satellites, radar cov- Security and Governmental Affairs of the practical, and cost-effective means of defend- erage, and other technologies necessary to Senate and the Committee on Homeland Se- ing the international land and maritime bor- achieve operational control of the inter- curity of the House of Representatives, a re- ders of the United States against threats to national borders of the United States and to port of such findings and a description of any security and illegal transit, including intel- establish a security perimeter known as a the steps that the Secretary has taken or ligence capacities, technology, equipment, ‘‘virtual fence’’ along such international bor- plans to take in response to such findings. personnel, and training needed to address se- ders to provide a barrier to illegal immigra- (5) AUTHORIZATION OF APPROPRIATIONS.— curity vulnerabilities. tion. Such program shall be known as the In- There are authorized to be appropriated such (6) An assessment of staffing needs for all tegrated and Automated Surveillance Pro- sums as may be necessary to carry out this border security functions, taking into ac- gram. subsection. count threat and vulnerability information (2) PROGRAM COMPONENTS.—The Secretary SEC. 1115. SURVEILLANCE PLAN. pertaining to the borders and the impact of shall ensure, to the maximum extent fea- (a) REQUIREMENT FOR PLAN.—The Sec- new security programs, policies, and tech- sible, the Integrated and Automated Surveil- retary shall develop a comprehensive plan nologies. lance Program is carried out in a manner for the systematic surveillance of the inter- (7) A description of the border security that— national land and maritime borders of the roles and missions of Federal, State, re- (A) the technologies utilized in the Pro- United States. gional, local, and tribal authorities, and rec- gram are integrated and function cohesively (b) CONTENT.—The plan required by sub- ommendations regarding actions the Sec- in an automated fashion, including the inte- section (a) shall include the following: retary can carry out to improve coordination gration of motion sensor alerts and cameras, (1) An assessment of existing technologies with such authorities to enable border secu- whereby a sensor alert automatically acti- employed on the international land and mar- rity and enforcement activities to be carried vates a corresponding camera to pan and tilt itime borders of the United States. out in a more efficient and effective manner. in the direction of the triggered sensor; (2) A description of the compatibility of (8) An assessment of existing efforts and (B) cameras utilized in the Program do not new surveillance technologies with surveil- technologies used for border security and the have to be manually operated; lance technologies in use by the Secretary effect of the use of such efforts and tech- (C) such camera views and positions are on the date of the enactment of this Act. nologies on civil rights, personal property not fixed; (3) A description of how the Commissioner rights, privacy rights, and civil liberties, in- (D) surveillance video taken by such cam- of the United States Customs and Border cluding an assessment of efforts to take into eras can be viewed at multiple designated Protection of the Department is working, or account asylum seekers, trafficking victims, communications centers; unaccompanied minor aliens, and other vul- (E) a standard process is used to collect, is expected to work, with the Under Sec- retary for Science and Technology of the De- nerable populations. catalog, and report intrusion and response (9) A prioritized list of research and devel- data collected under the Program; partment to identify and test surveillance opment objectives to enhance the security of (F) future remote surveillance technology technology. the international land and maritime borders investments and upgrades for the Program (4) A description of the specific surveil- of the United States. can be integrated with existing systems; lance technology to be deployed. (10) A description of ways to ensure that (G) performance measures are developed (5) Identification of any obstacles that may the free flow of travel and commerce is not and applied that can evaluate whether the impede such deployment. diminished by efforts, activities, and pro- Program is providing desired results and in- (6) A detailed estimate of all costs associ- grams aimed at securing the international creasing response effectiveness in moni- ated with such deployment and with contin- land and maritime borders of the United toring and detecting illegal intrusions along ued maintenance of such technologies. States. the international borders of the United (7) A description of how the Secretary is States; working with the Administrator of the Fed- (11) An assessment of additional detention (H) plans are developed under the Program eral Aviation Administration on safety and facilities and beds that are needed to detain to streamline site selection, site validation, airspace control issues associated with the unlawful aliens apprehended at United and environmental assessment processes to use of unmanned aerial vehicles. States ports of entry or along the inter- minimize delays of installing surveillance (c) SUBMISSION TO CONGRESS.—Not later national land borders of the United States. technology infrastructure; than 6 months after the date of the enact- (12) A description of the performance (I) standards are developed under the Pro- ment of this Act, the Secretary shall submit metrics to be used to ensure accountability gram to expand the shared use of existing to Congress the plan required by this sec- by the bureaus of the Department in imple- private and governmental structures to in- tion. menting such Strategy. stall remote surveillance technology infra- SEC. 1116. NATIONAL STRATEGY FOR BORDER SE- (13) A schedule for the implementation of structure where possible; and CURITY. the security measures described in such (J) standards are developed under the Pro- (a) REQUIREMENT FOR STRATEGY.—The Sec- Strategy, including a prioritization of secu- gram to identify and deploy the use of non- retary, in consultation with the heads of rity measures, realistic deadlines for ad- permanent or mobile surveillance platforms other appropriate Federal agencies, shall de- dressing the security and enforcement needs, that will increase the Secretary’s mobility velop a National Strategy for Border Secu- an estimate of the resources needed to carry and ability to identify illegal border intru- rity that describes actions to be carried out out such measures, and a description of how sions. to achieve operational control over all ports such resources should be allocated. (3) REPORT TO CONGRESS.—Not later than 1 of entry into the United States and the (c) CONSULTATION.—In developing the Na- year after the initial implementation of the international land and maritime borders of tional Strategy for Border Security, the Sec- Integrated and Automated Surveillance Pro- the United States. retary shall consult with representatives gram, the Secretary shall submit to Con- (b) CONTENT.—The National Strategy for of— gress a report regarding the Program. The Border Security shall include the following: (1) State, local, and tribal authorities with Secretary shall include in the report a de- (1) The implementation schedule for the responsibility for locations along the inter- scription of the Program together with any comprehensive plan for systematic surveil- national land and maritime borders of the recommendation that the Secretary finds ap- lance described in section 1115. United States; and propriate for enhancing the program. (2) An assessment of the threat posed by (2) appropriate private sector entities, non- (4) EVALUATION OF CONTRACTORS.— terrorists and terrorist groups that may try governmental organizations, and affected (A) REQUIREMENT FOR STANDARDS.—The to infiltrate the United States at locations communities that have expertise in areas re- Secretary shall develop appropriate stand- along the international land and maritime lated to border security. ards to evaluate the performance of any con- borders of the United States. (d) COORDINATION.—The National Strategy tractor providing goods or services to carry (3) A risk assessment for all United States for Border Security shall be consistent with out the Integrated and Automated Surveil- ports of entry and all portions of the inter- the National Strategy for Maritime Security lance Program. national land and maritime borders of the developed pursuant to Homeland Security (B) REVIEW BY THE INSPECTOR GENERAL.— United States that includes a description of Presidential Directive 13, dated December 21, The Inspector General of the Department activities being undertaken— 2004. shall timely review each new contract re- (A) to prevent the entry of terrorists, other (e) SUBMISSION TO CONGRESS.— lated to the Program that has a value of unlawful aliens, instruments of terrorism, (1) STRATEGY.—Not later than 1 year after more than $5,000,000, to determine whether narcotics, and other contraband into the the date of the enactment of this Act, the such contract fully complies with applicable United States; and Secretary shall submit to Congress the Na- cost requirements, performance objectives, (B) to protect critical infrastructure at or tional Strategy for Border Security. program milestones, and schedules. The In- near such ports of entry or borders. (2) UPDATES.—The Secretary shall submit spector General shall report the findings of (4) An assessment of the legal require- to Congress any update of such Strategy that such review to the Secretary in a timely ments that prevent achieving and maintain- the Secretary determines is necessary, not

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DOCUMENT FRAUD DETECTION. this section. lieve the Secretary of the responsibility to (a) TRAINING.—Subject to the availability (d) DEFINITIONS.—For the purposes of this take all actions necessary and appropriate to of appropriations, the Secretary shall pro- section: achieve and maintain operational control vide all United States Customs and Border (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— over the entire international land and mari- Protection officers with training in identi- The term ‘‘eligible law enforcement agency’’ time borders of the United States. fying and detecting fraudulent travel docu- means a tribal, State, or local law enforce- SEC. 1117. BORDER PATROL TRAINING CAPACITY ments. Such training shall be developed in ment agency— REVIEW. consultation with the head of the Forensic (A) located in a county no more than 100 (a) IN GENERAL.—The Comptroller General Document Laboratory of the United States miles from a United States border with— of the United States shall conduct a review (i) Canada; or of the basic training provided to Border Pa- Immigration and Customs Enforcement. (b) FORENSIC DOCUMENT LABORATORY.—The (ii) Mexico; or trol agents by the Secretary to ensure that (B) located in a county more than 100 miles such training is provided as efficiently and Secretary shall provide all United States Customs and Border Protection officers with from any such border, but where such county cost-effectively as possible. has been certified by the Secretary as a High (b) COMPONENTS OF REVIEW.—The review access to the Forensic Document Labora- Impact Area. under subsection (a) shall include the fol- tory. (2) HIGH IMPACT AREA.—The term ‘‘High lowing components: (c) ASSESSMENT.— Impact Area’’ means any county designated (1) An evaluation of the length and content (1) REQUIREMENT FOR ASSESSMENT.—The In- by the Secretary as such, taking into consid- of the basic training curriculum provided to spector General of the Department shall con- eration— new Border Patrol agents by the Federal duct an independent assessment of the accu- (A) whether local law enforcement agen- Law Enforcement Training Center, including racy and reliability of the Forensic Docu- a description of how such curriculum has ment Laboratory. cies in that county have the resources to changed since September 11, 2001, and an (2) REPORT TO CONGRESS.—Not later than 6 protect the lives, property, safety, or welfare evaluation of language and cultural diversity months after the date of the enactment of of the residents of that county; training programs provided within such cur- this Act, the Inspector General shall submit (B) the relationship between any lack of riculum. to Congress the findings of the assessment security along the United States border and (2) A review and a detailed breakdown of required by paragraph (1). the rise, if any, of criminal activity in that the costs incurred by the Bureau of Customs (d) AUTHORIZATION OF APPROPRIATIONS.— county; and and Border Protection and the Federal Law There are authorized to be appropriated to (C) any other unique challenges that local Enforcement Training Center to train 1 new the Secretary such sums as may be nec- law enforcement face due to a lack of secu- Border Patrol agent. essary for each of fiscal years 2008 through rity along the United States border. (e) AUTHORIZATION OF APPROPRIATIONS.— (3) A comparison, based on the review and 2012 to carry out this section. (1) IN GENERAL.—There are authorized to be breakdown under paragraph (2), of the costs, SEC. 1121. BORDER RELIEF GRANT PROGRAM. appropriated $100,000,000 for each of fiscal effectiveness, scope, and quality, including (a) GRANTS AUTHORIZED.— years 2008 through 2012 to carry out the pro- geographic characteristics, with other simi- (1) IN GENERAL.—The Secretary is author- visions of this section. lar training programs provided by State and ized to award grants, subject to the avail- (2) DIVISION OF AUTHORIZED FUNDS.—Of the local agencies, nonprofit organizations, uni- ability of appropriations, to an eligible law amounts authorized under paragraph (1)— versities, and the private sector. enforcement agency to provide assistance to (A) 2⁄3 shall be set aside for eligible law en- (4) An evaluation of whether utilizing com- such agency to address— forcement agencies located in the 6 States parable non-Federal training programs, pro- (A) criminal activity that occurs in the ju- with the largest number of undocumented ficiency testing, and long-distance learning risdiction of such agency by virtue of such alien apprehensions; and programs may affect— agency’s proximity to the United States bor- (B) 1⁄3 shall be set aside for areas des- (A) the cost-effectiveness of increasing the der; and ignated as a High Impact Area under sub- number of Border Patrol agents trained per (B) the impact of any lack of security section (d). year; along the United States border. (f) SUPPLEMENT NOT SUPPLANT.—Amounts (B) the per agent costs of basic training; (2) DURATION.—Grants may be awarded appropriated for grants under this section and under this subsection during fiscal years 2008 shall be used to supplement and not supplant (C) the scope and quality of basic training through 2012. other State and local public funds obligated needed to fulfill the mission and duties of a (3) COMPETITIVE BASIS.—The Secretary for the purposes provided under this title. Border Patrol agent. shall award grants under this subsection on SEC. 1122. PORT OF ENTRY INFRASTRUCTURE AS- SEC. 1118. BIOMETRIC DATA ENHANCEMENTS. a competitive basis, except that the Sec- SESSMENT STUDY. Not later than October 1, 2008, the Sec- retary shall give priority to applications (a) REQUIREMENT TO UPDATE.—Not later retary shall— from any eligible law enforcement agency than January 31 of each year, the Adminis- (1) in consultation with the Attorney Gen- serving a community— trator of General Services, in consultation eral, enhance connectivity between the (A) with a population of less than 50,000; with United States Customs and Border Pro- Automated Biometric Fingerprint Identifica- and tection, shall update the Port of Entry Infra- tion System (IDENT) of the Department and (B) located no more than 100 miles from a structure Assessment Study prepared by the Integrated Automated Fingerprint Iden- United States border with— United States Customs and Border Protec- tification System (IAFIS) of the Federal Bu- (i) Canada; or tion in accordance with the matter relating reau of Investigation to ensure more expedi- (ii) Mexico. to the ports of entry infrastructure assess- tious data searches; and (b) USE OF FUNDS.—Grants awarded pursu- ment that is set out in the joint explanatory (2) in consultation with the Secretary of ant to subsection (a) may only be used to statement in the conference report accom- State, collect all fingerprints from each provide additional resources for an eligible panying H.R. 2490 of the 106th Congress, 1st alien required to provide fingerprints during law enforcement agency to address criminal session (House of Representatives Rep. No. the alien’s initial enrollment in the inte- activity occurring along any such border, in- 106–319, on page 67) and submit such updated grated entry and exit data system described cluding— study to Congress. in section 110 of the Illegal Immigration Re- (1) to obtain equipment; (b) CONSULTATION.—In preparing the up- form and Immigrant Responsibility Act of (2) to hire additional personnel; dated studies required in subsection (a), the 1996 (8 U.S.C. 1365a). (3) to upgrade and maintain law enforce- Administrator of General Services shall con- SEC. 1119. US–VISIT SYSTEM. ment technology; sult with the Director of the Office of Man- Not later than 6 months after the date of (4) to cover operational costs, including agement and Budget, the Secretary, and the the enactment of this Act, the Secretary, in overtime and transportation costs; and Commissioner. consultation with the heads of other appro- (5) such other resources as are available to (c) CONTENT.—Each updated study required priate Federal agencies, shall submit to Con- assist that agency. in subsection (a) shall— gress a schedule for— (c) APPLICATION.— (1) identify port of entry infrastructure (1) equipping all land border ports of entry (1) IN GENERAL.—Each eligible law enforce- and technology improvement projects that of the United States with the U.S.–Visitor ment agency seeking a grant under this sec- would enhance border security and facilitate and Immigrant Status Indicator Technology tion shall submit an application to the Sec- the flow of legitimate commerce if imple- (US–VISIT) system implemented under sec- retary at such time, in such manner, and ac- mented; tion 110 of the Illegal Immigration Reform companied by such information as the Sec- (2) include the projects identified in the and Immigrant Responsibility Act of 1996 (8 retary may reasonably require. National Land Border Security Plan required U.S.C. 1365a); (2) CONTENTS.—Each application submitted by section 3422; and (2) developing and deploying at such ports pursuant to paragraph (1) shall— (3) prioritize the projects described in para- of entry the exit component of the US-VISIT (A) describe the activities for which assist- graphs (1) and (2) based on the ability of a system; and ance under this section is sought; and project to—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9954 CONGRESSIONAL RECORD — SENATE July 25, 2007 (A) fulfill immediate security require- entry demonstration site for the demonstra- tional authority to any State or local entity ments; and tion program has the most up-to-date design, to enforce Federal immigration laws. (B) facilitate trade across the borders of contains sufficient space to conduct the SEC. 1126. INCREASE OF FEDERAL DETENTION the United States. demonstration program, has a traffic volume SPACE AND THE UTILIZATION OF FA- (d) PROJECT IMPLEMENTATION.—The Com- low enough to easily incorporate new tech- CILITIES IDENTIFIED FOR CLO- missioner shall implement the infrastruc- nologies without interrupting normal proc- SURES AS A RESULT OF THE DE- ture and technology improvement projects essing activity, and can efficiently carry out FENSE BASE CLOSURE REALIGN- MENT ACT OF 1990. described in subsection (c) in the order of demonstration and port of entry operations, (a) CONSTRUCTION OR ACQUISITION OF DE- priority assigned to each project under sub- at least 1 port of entry selected as a dem- TENTION FACILITIES.—The Secretary shall section (c)(3). onstration site shall— construct or acquire, in addition to existing (e) DIVERGENCE FROM PRIORITIES.—The (A) have been established not more than 15 facilities for the detention of aliens, at least Commissioner may diverge from the priority years before the date of the enactment of 20 detention facilities in the United States order if the Commissioner determines that this Act; that have the capacity to detain a combined significantly changed circumstances, such as (B) consist of not less than 65 acres, with total of not less than 20,000 individuals at immediate security needs or changes in in- the possibility of expansion to not less than any time for aliens detained pending re- frastructure in Mexico or Canada, compel- 25 adjacent acres; and moval or a decision on removal of such lingly alter the need for a project in the (C) have serviced an average of not more aliens from the United States subject to United States. than 50,000 vehicles per month during the 1- available appropriations. year period ending on the date of the enact- SEC. 1123. NATIONAL LAND BORDER SECURITY (b) CONSTRUCTION OF OR ACQUISITION OF DE- PLAN. ment of this Act. TENTION FACILITIES.— (d) RELATIONSHIP WITH OTHER AGENCIES.— (a) IN GENERAL.—Not later than 1 year (1) REQUIREMENT TO CONSTRUCT OR AC- The Secretary shall permit personnel from after the date of the enactment of this Act, QUIRE.—The Secretary shall construct or ac- an appropriate Federal or State agency to and annually thereafter, the Secretary, after quire additional detention facilities in the consultation with representatives of Federal, utilize a demonstration site described in sub- section (c) to test technologies that enhance United States to accommodate the detention State, and local law enforcement agencies beds required by section 5204(a) of the Intel- and private entities that are involved in port of entry operations, including tech- nologies described in subparagraphs (A) ligence Reform and Terrorism Protection international trade across the northern bor- Act of 2004, as amended by subsection (a), der or the southern border, shall submit a through (H) of subsection (b)(1). (e) REPORT.— subject to available appropriations. National Land Border Security Plan to Con- (2) USE OF ALTERNATE DETENTION FACILI- gress. (1) REQUIREMENT.—Not later than 1 year after the date of the enactment of this Act, TIES.—Subject to the availability of appro- (b) VULNERABILITY ASSESSMENT.— and annually thereafter, the Secretary shall priations, the Secretary shall fully utilize all (1) IN GENERAL.—The plan required in sub- possible options to cost effectively increase section (a) shall include a vulnerability as- submit to Congress a report on the activities carried out at each demonstration site under available detention capacities, and shall uti- sessment of each port of entry located on the lize detention facilities that are owned and northern border or the southern border. the technology demonstration program es- tablished under this section. operated by the Federal Government if the (2) PORT SECURITY COORDINATORS.—The use of such facilities is cost effective. Secretary may establish 1 or more port secu- (2) CONTENT.—The report submitted under paragraph (1) shall include an assessment by (3) USE OF INSTALLATIONS UNDER BASE CLO- rity coordinators at each port of entry lo- SURE LAWS.—In acquiring additional deten- cated on the northern border or the southern the Secretary of the feasibility of incor- porating any demonstrated technology for tion facilities under this subsection, the Sec- border— retary shall consider the transfer of appro- (A) to assist in conducting a vulnerability use throughout the United States Customs and Border Protection. priate portions of military installations ap- assessment at such port; and proved for closure or realignment under the (B) to provide other assistance with the SEC. 1125. COMBATING HUMAN SMUGGLING. (a) REQUIREMENT FOR PLAN.—The Sec- Defense Base Closure and Realignment Act preparation of the plan required in sub- of 1990 (part A of title XXIX of Public Law section (a). retary shall develop and implement a plan to improve coordination between the United 101–510; 10 U.S.C. 2687 note) for use in accord- SEC. 1124. PORT OF ENTRY TECHNOLOGY DEM- States Immigration and Customs Enforce- ance with subsection (a). ONSTRATION PROGRAM. ment and the United States Customs and (4) DETERMINATION OF LOCATION.—The loca- (a) ESTABLISHMENT.—The Secretary shall Border Protection of the Department and tion of any detention facility constructed or carry out a technology demonstration pro- any other Federal, State, local, or tribal au- acquired in accordance with this subsection gram to— thorities, as determined appropriate by the shall be determined, with the concurrence of (1) test and evaluate new port of entry Secretary, to improve coordination efforts to the Secretary, by the senior officer respon- technologies; combat human smuggling. sible for Detention and Removal Operations (2) refine port of entry technologies and (b) CONTENT.—In developing the plan re- in the Department. The detention facilities operational concepts; and quired by subsection (a), the Secretary shall shall be located so as to enable the officers (3) train personnel under realistic condi- consider— and employees of the Department to increase tions. (1) the interoperability of databases uti- to the maximum extent practicable the an- (b) TECHNOLOGY AND FACILITIES.— lized to prevent human smuggling; nual rate and level of removals of illegal (1) TECHNOLOGY TESTING.—Under the tech- (2) adequate and effective personnel train- aliens from the United States. nology demonstration program, the Sec- ing; (c) ANNUAL REPORT TO CONGRESS.—Not retary shall test technologies that enhance (3) methods and programs to effectively later than 1 year after the date of the enact- port of entry operations, including oper- target networks that engage in such smug- ment of this Act, and annually thereafter, in ations related to— gling; consultation with the heads of other appro- (A) inspections; (4) effective utilization of— priate Federal agencies, the Secretary shall (B) communications; (A) visas for victims of trafficking and submit to Congress an assessment of the ad- (C) port tracking; other crimes; and ditional detention facilities and bed space (D) identification of persons and cargo; (B) investigatory techniques, equipment, needed to detain unlawful aliens appre- (E) sensory devices; and procedures that prevent, detect, and hended at the United States ports of entry or (F) personal detection; prosecute international money laundering along the international land borders of the (G) decision support; and and other operations that are utilized in United States. (H) the detection and identification of smuggling; (d) TECHNICAL AND CONFORMING AMEND- weapons of mass destruction. (5) joint measures, with the Secretary of MENT.—Section 241(g)(1) (8 U.S.C. 1231(g)(1)) (2) DEVELOPMENT OF FACILITIES.—At a dem- State, to enhance intelligence sharing and is amended by striking ‘‘may expend’’ and onstration site selected pursuant to sub- cooperation with foreign governments whose inserting ‘‘shall expend’’. section (c)(2), the Secretary shall develop fa- citizens are preyed on by human smugglers; (e) AUTHORIZATION OF APPROPRIATIONS.— cilities to provide appropriate training to and There are authorized to be appropriated such law enforcement personnel who have respon- (6) other measures that the Secretary con- sums as may be necessary to carry out this sibility for border security, including— siders appropriate to combating human section. (A) cross-training among agencies; smuggling. SEC. 1127. UNITED STATES-MEXICO BORDER EN- (B) advanced law enforcement training; (c) REPORT.—Not later than 1 year after FORCEMENT REVIEW COMMISSION. and implementing the plan described in sub- (a) ESTABLISHMENT OF COMMISSION.— (C) equipment orientation. section (a), the Secretary shall submit to (1) IN GENERAL.—There is established an (c) DEMONSTRATION SITES.— Congress a report on such plan, including independent commission to be known as the (1) NUMBER.—The Secretary shall carry out any recommendations for legislative action United States-Mexico Border Enforcement the demonstration program at not less than to improve efforts to combating human Review Commission (referred to in this sec- 3 sites and not more than 5 sites. smuggling. tion as the ‘‘Commission’’). (2) SELECTION CRITERIA.—To ensure that at (d) SAVINGS PROVISION.—Nothing in this (2) PURPOSES.—The purposes of the Com- least 1 of the facilities selected as a port of section may be construed to provide addi- mission are—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9955 (A) to study the overall enforcement strat- (3) the adequacy of the complaint process available for Operation Jump Start in order egies, programs, and policies of Federal within the agencies and programs of the De- to maintain a significant durational force of agencies along the United States-Mexico partment that are employed when an indi- the National Guard on the southern land bor- border; and vidual files a grievance; der of the United States to assist the United (B) to make recommendations to the Presi- (4) the effect of the operations, technology, States Border Patrol in gaining operational dent and Congress with respect to such strat- and enforcement infrastructure along such control of that border. egies, programs, and policies. border on the— (2) SUPPLEMENT NOT SUPPLANT.—The (3) MEMBERSHIP.—The Commission shall be (A) environment; amount available under paragraph (1) for the composed of 17 voting members, who shall be (B) cross-border traffic and commerce; and purpose specified in that paragraph is in ad- appointed as follows: (C) the quality of life of border commu- dition to any other amounts available in this (A) The Governors of the States of Cali- nities; Act for that purpose. fornia, New Mexico, Arizona, and Texas shall (5) local law enforcement involvement in TITLE XII—ENFORCEMENT each appoint 4 voting members of whom— the enforcement of Federal immigration law; ENHANCEMENTS (i) 1 shall be a local elected official from and the State’s border region; SEC. 1201. INFORMATION SHARING BETWEEN (6) any other matters regarding border en- FEDERAL AND LOCAL LAW EN- (ii) 1 shall be a local law enforcement offi- forcement policies, strategies, and programs FORCEMENT OFFICERS. cial from the State’s border region; and the Commission determines appropriate. Subsection (b) of section 642 of the Illegal (iii) 2 shall be from the State’s commu- (c) INFORMATION AND ASSISTANCE FROM Immigration Reform and Immigrant Respon- nities of academia, religious leaders, civic FEDERAL AGENCIES.— sibility Act of 1996 (8 U.S.C. 1373) is amended leaders, or community leaders. (1) INFORMATION FROM FEDERAL AGENCIES.— by adding at the end the following new para- (B) 2 nonvoting members, of whom— The Commission may seek directly from any graph: (i) 1 shall be appointed by the Secretary; department or agency of the United States ‘‘(4) Acquiring such information, if the per- (ii) 1 shall be appointed by the Attorney such information, including suggestions, es- son seeking such information has probable General; and timates, and statistics, as allowed by law cause to believe that the individual is not (iii) 1 shall be appointed by the Secretary and as the Commission considers necessary lawfully present in the United States.’’. of State. to carry out the provisions of this section. (4) QUALIFICATIONS.— SEC. 1202. DETENTION AND REMOVAL OF ALIENS Upon request of the Commission, the head of ORDERED REMOVED. (A) IN GENERAL.—Members of the Commis- such department or agency shall furnish (a) AMENDMENTS.—Section 241(a) of the Im- sion shall be— such information to the Commission. (i) individuals with expertise in migration, migration and Nationality Act (8 U.S.C. (2) ASSISTANCE FROM FEDERAL AGENCIES.— 1231(a)) is amended— border enforcement and protection, civil and The Administrator of General Services shall, human rights, community relations, cross- (1) by striking ‘‘Attorney General’’ the on a reimbursable basis, provide the Com- first place it appears, except for the first ref- border trade, and commerce or other perti- mission with administrative support and nent qualifications or experience; and erence in subsection (a)(4)(B)(i), and insert- other services for the performance of the ing ‘‘Secretary of Homeland Security’’; (ii) representative of a broad cross section Commission’s functions. The departments of perspectives from the region along the (2) by striking ‘‘Attorney General’’ any and agencies of the United States may pro- international border between the United other place it appears and inserting ‘‘Sec- vide the Commission with such services, States and Mexico; retary’’; funds, facilities, staff, and other support (B) POLITICAL AFFILIATION.—Not more than (3) in paragraph (1)— services as they determine advisable and as 2 members of the Commission appointed by (A) in subparagraph (B), by amending authorized by law. each Governor under paragraph (3)(A) may clause (ii) to read as follows: (d) COMPENSATION.— be members of the same political party. ‘‘(ii) If a court, the Board of Immigration (1) IN GENERAL.—Members of the Commis- (C) NONGOVERNMENTAL APPOINTEES.—An in- Appeals, or an immigration judge orders a sion shall serve without pay. dividual appointed as a voting member to stay of the removal of the alien, the expira- (2) REIMBURSEMENT OF EXPENSES.—All the Commission may not be an officer or em- tion date of the stay of removal.’’; members of the Commission shall be reim- ployee of the Federal Government. (B) by amending subparagraph (C) to read bursed for reasonable travel expenses and (5) DEADLINE FOR APPOINTMENT.—All mem- as follows: subsistence, and other reasonable and nec- bers of the Commission shall be appointed ‘‘(C) EXTENSION OF PERIOD.—The removal essary expenses incurred by them in the per- not later than 6 months after the enactment period shall be extended beyond a period of formance of their duties. of this Act. If any member of the Commis- 90 days and the alien may remain in deten- (e) REPORT.—Not later than 2 years after sion described in paragraph (3)(A) is not ap- tion during such extended period if the alien the date of the first meeting called pursuant pointed by such date, the Commission shall fails or refuses to— to (a)(8)(A), the Commission shall submit a carry out its duties under this section with- ‘‘(i) make all reasonable efforts to comply report to the President and Congress that out the participation of such member. with the removal order; or contains— (6) TERM OF SERVICE.—The term of office ‘‘(ii) fully cooperate with the Secretary’s (1) findings with respect to the duties of for members shall be for life of the Commis- efforts to establish the alien’s identity and the Commission; sion. carry out the removal order, including fail- (2) recommendations regarding border en- (7) VACANCIES.—Any vacancy in the Com- ing to make timely application in good faith forcement policies, strategies, and programs; mission shall not affect its powers, but shall for travel or other documents necessary to (3) suggestions for the implementation of be filled in the same manner in which the the alien’s departure, or conspiring or acting the Commission’s recommendations; and original appointment was made. to prevent the alien’s removal.’’; and (4) a recommendation as to whether the (8) MEETINGS.— (C) by adding at the end the following: Commission should continue to exist after (A) INITIAL MEETING.—The Commission ‘‘(D) TOLLING OF PERIOD.—If, at the time the date of termination described in sub- shall meet and begin the operations of the described in subparagraph (B), the alien is section (g), and if so, a description of the Commission as soon as practicable. not in the custody of the Secretary under purposes and duties recommended to be car- (B) SUBSEQUENT MEETINGS.—After its ini- the authority of this Act, the removal period ried out by the Commission after such date. tial meeting, the Commission shall meet shall not begin until the alien is taken into (f) AUTHORIZATION OF APPROPRIATIONS.— upon the call of the chairman or a majority such custody. If the Secretary lawfully There are authorized to be appropriated such of its members. transfers custody of the alien during the re- sums as may be necessary to carry out this (9) QUORUM.—Nine members of the Com- moval period to another Federal agency or section. mission shall constitute a quorum. to a State or local government agency in (g) SUNSET.—Unless the Commission is re- (10) CHAIR AND VICE CHAIR.—The voting connection with the official duties of such authorized by Congress, the Commission members of the Commission shall elect a agency, the removal period shall be tolled, shall terminate on the date that is 90 days Chairman and Vice Chairman from among and shall recommence on the date on which after the date the Commission submits the its members. The term of office shall be for the alien is returned to the custody of the report described in subsection (e). the life of the Commission. Secretary.’’; (b) DUTIES.—The Commission shall review, SEC. 1128. OPERATION JUMP START. (4) in paragraph (2), by adding at the end examine, and make recommendations re- (a) ADDITIONAL AMOUNT FOR OPERATION AND the following: ‘‘If a court, the Board of Im- garding border enforcement policies, strate- MAINTENANCE, DEFENSE-WIDE ACTIVITIES.— migration Appeals, or an immigration judge gies, and programs, including recommenda- The amount authorized to be appropriated orders a stay of removal of an alien who is tions regarding— for operation and maintenance for Defense- subject to an administrative final order of (1) the protection of human and civil rights wide activities is hereby increased by removal, the Secretary, in the exercise of of community residents and migrants along $400,000,000, for the Department of Defense. discretion, may detain the alien during the the international border between the United (b) AVAILABILITY OF AMOUNT.— pendency of such stay of removal.’’; States and Mexico; (1) IN GENERAL.—Of the amount authorized (5) in paragraph (3), by amending subpara- (2) the adequacy and effectiveness of to be appropriated for operation and mainte- graph (D) to read as follows: human and civil rights training of enforce- nance for Defense-wide activities, as in- ‘‘(D) to obey reasonable restrictions on the ment personnel on such border; creased by subsection (a), $400,000,000 shall be alien’s conduct or activities, or to perform

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9956 CONGRESSIONAL RECORD — SENATE July 25, 2007 affirmative acts, that the Secretary pre- ‘‘(I) in consultation with the Secretary of release the alien pursuant to subparagraph scribes for the alien— Health and Human Services, that the alien (I). ‘‘(i) to prevent the alien from absconding; has a highly contagious disease that poses a ‘‘(ii) DELEGATION.—Notwithstanding any ‘‘(ii) for the protection of the community; threat to public safety; other provision of law, the Secretary may or ‘‘(II) after receipt of a written rec- not delegate the authority to make or renew ‘‘(iii) for other purposes related to the en- ommendation from the Secretary of State, a certification described in subclause (II), forcement of the immigration laws.’’; that the release of the alien would likely (III), or (V) of subparagraph (E)(ii) below the (6) in paragraph (6), by striking ‘‘removal have serious adverse foreign policy con- level of the Assistant Secretary for Immigra- period and, if released,’’ and inserting ‘‘re- sequences for the United States; tion and Customs Enforcement. moval period, in the discretion of the Sec- ‘‘(III) based on information available to the ‘‘(iii) HEARING.—The Secretary may re- retary, without any limitations other than Secretary (including classified, sensitive, or quest that the Attorney General, or a des- those specified in this section, until the alien national security information, and regard- ignee of the Attorney General, provide for a is removed. If an alien is released, the alien’’; less of the grounds upon which the alien was hearing to make the determination described (7) by redesignating paragraph (7) as para- ordered removed), that there is reason to be- in subparagraph (E)(ii)(IV)(bb)(BB). graph (10); and lieve that the release of the alien would ‘‘(I) RELEASE ON CONDITIONS.—If it is deter- (8) by inserting after paragraph (6) the fol- threaten the national security of the United mined that an alien should be released from lowing: States; detention, the Secretary may, in the Sec- ‘‘(7) PAROLE.—If an alien detained pursuant ‘‘(IV) that— retary’s discretion, impose conditions on re- to paragraph (6) is an applicant for admis- lease in accordance with the regulations pre- ‘‘(aa) the release of the alien would threat- sion, the Secretary of Homeland Security, in scribed pursuant to paragraph (3). en the safety of the community or any per- the Secretary’s discretion, may parole the ‘‘(J) REDETENTION.—The Secretary, with- son, and conditions of release cannot reason- alien under section 212(d)(5) and may pro- out any limitations other than those speci- ably be expected to ensure the safety of the vide, notwithstanding section 212(d)(5), that fied in this section, may detain any alien community or any person; and the alien shall not be returned to custody subject to a final removal order who has pre- ‘‘(bb) the alien— unless either the alien violates the condi- viously been released from custody if— ‘‘(AA) has been convicted of 1 or more ag- tions of the alien’s parole or the alien’s re- ‘‘(i) the alien fails to comply with the con- moval becomes reasonably foreseeable, pro- gravated felonies (as defined in section ditions of release; vided that in no circumstance shall such 101(a)(43)(A)), or of 1 or more attempts or ‘‘(ii) the alien fails to continue to satisfy alien be considered admitted. conspiracies to commit any such aggravated the conditions described in subparagraph (B); felonies for an aggregate term of imprison- ‘‘(8) ADDITIONAL RULES FOR DETENTION OR or ment of at least 5 years; or RELEASE OF ALIENS.—The following proce- ‘‘(iii) upon reconsideration, the Secretary dures shall apply to an alien detained under ‘‘(BB) has committed a crime of violence determines that the alien can be detained this section: (as defined in section 16 of title 18, United under subparagraph (E). ‘‘(A) DETENTION REVIEW PROCESS FOR States Code, but not including a purely po- ‘‘(K) APPLICABILITY.—This paragraph and ALIENS WHO HAVE EFFECTED AN ENTRY AND litical offense) and, because of a mental con- paragraphs (6) and (7) shall apply to any FULLY COOPERATE WITH REMOVAL.—The Sec- dition or personality disorder and behavior alien returned to custody under subpara- retary of Homeland Security shall establish associated with that condition or disorder, is graph (I) as if the removal period terminated an administrative review process to deter- likely to engage in acts of violence in the fu- on the day of the redetention. mine whether an alien described in subpara- ture; or ‘‘(L) DETENTION REVIEW PROCESS FOR ALIENS graph (B) should be detained or released ‘‘(V) that— WHO HAVE EFFECTED AN ENTRY AND FAIL TO after the removal period in accordance with ‘‘(aa) the release of the alien would threat- COOPERATE WITH REMOVAL.—The Secretary this paragraph. en the safety of the community or any per- shall detain an alien until the alien makes ‘‘(B) ALIEN DESCRIBED.—An alien is de- son, notwithstanding conditions of release all reasonable efforts to comply with a re- scribed in this subparagraph if the alien— designed to ensure the safety of the commu- moval order and to cooperate fully with the ‘‘(i) has effected an entry into the United nity or any person; and Secretary’s efforts, if the alien— States; ‘‘(bb) the alien has been convicted of 1 or ‘‘(i) has effected an entry into the United ‘‘(ii) has made all reasonable efforts to more aggravated felonies (as defined in sec- States; and comply with the alien’s removal order; tion 101(a)(43)) for which the alien was sen- ‘‘(ii)(I) and the alien faces a significant ‘‘(iii) has cooperated fully with the Sec- tenced to an aggregate term of imprison- likelihood that the alien will be removed in retary’s efforts to establish the alien’s iden- ment of not less than 1 year. the reasonably foreseeable future, or would tity and to carry out the removal order, in- ‘‘(F) ATTORNEY GENERAL REVIEW.—If the have been removed if the alien had not— cluding making timely application in good Secretary authorizes an extension of deten- ‘‘(aa) failed or refused to make all reason- faith for travel or other documents nec- tion under subparagraph (E), the alien may able efforts to comply with a removal order; essary for the alien’s departure; and seek review of that determination before the ‘‘(bb) failed or refused to fully cooperate ‘‘(iv) has not conspired or acted to prevent Attorney General. If the Attorney General with the Secretary’s efforts to establish the removal. concludes that the alien should be released, alien’s identity and carry out the removal ‘‘(C) EVIDENCE.—In making a determina- then the Secretary shall release the alien order, including the failure to make timely tion under subparagraph (A), the Secretary— pursuant to subparagraph (I). The Attorney application in good faith for travel or other ‘‘(i) shall consider any evidence submitted General, in consultation with the Secretary, documents necessary to the alien’s depar- by the alien; and shall promulgate regulations governing re- ture; or ‘‘(ii) may consider any other evidence, in- view under this paragraph. ‘‘(cc) conspired or acted to prevent re- cluding— ‘‘(G) ADMINISTRATIVE REVIEW PROCESS.— moval; or ‘‘(I) any information or assistance provided The Secretary, without any limitations ‘‘(II) the Secretary makes a certification by the Department of State or other Federal other than those specified in this section, as specified in subparagraph (E), or the re- agency; and may detain an alien pending a determination newal of a certification specified in subpara- ‘‘(II) any other information available to under subparagraph (E)(ii), if the Secretary graph (H). the Secretary pertaining to the ability to re- has initiated the administrative review proc- ‘‘(M) DETENTION REVIEW PROCESS FOR move the alien. ess identified in subparagraph (A) not later ALIENS WHO HAVE NOT EFFECTED AN ENTRY.— ‘‘(D) AUTHORITY TO DETAIN FOR 90 DAYS BE- than 30 days after the expiration of the re- Except as otherwise provided in this sub- YOND REMOVAL PERIOD.—The Secretary, in moval period (including any extension of the paragraph, the Secretary shall follow the the exercise of the Secretary’s discretion and removal period under paragraph (1)(C)). guidelines established in section 241.4 of title without any limitations other than those ‘‘(H) RENEWAL AND DELEGATION OF CERTIFI- 8, Code of Federal Regulations, when detain- specified in this section, may detain an alien CATION.— ing aliens who have not effected an entry. for 90 days beyond the removal period (in- ‘‘(i) RENEWAL.—The Secretary may renew a The Secretary may decide to apply the re- cluding any extension of the removal period certification under subparagraph (E)(ii) view process outlined in this paragraph. under paragraph (1)(C)). every 6 months, without limitation, after ‘‘(9) JUDICIAL REVIEW.—Judicial review of ‘‘(E) AUTHORITY TO DETAIN FOR ADDITIONAL providing the alien with an opportunity to any action or decision made pursuant to PERIOD.—The Secretary, in the exercise of request reconsideration of the certification paragraph (6), (7), or (8) shall be available ex- the Secretary’s discretion and without any and to submit documents or other evidence clusively in a habeas corpus proceeding limitations other than those specified in this in support of that request. If the Secretary brought in a United States district court and section, may detain an alien beyond the 90- does not renew such certification, the Sec- only if the alien has exhausted all adminis- day period authorized under subparagraph retary shall release the alien, pursuant to trative remedies (statutory and nonstatu- (D) until the alien is removed, if the Sec- subparagraph (I). If the Secretary authorizes tory) available to the alien as of right.’’. retary— an extension of detention under paragraph (b) EFFECTIVE DATE.—The amendments ‘‘(i) determines that there is a significant (E), the alien may seek review of that deter- made by subsection (a)— likelihood that the alien will be removed in mination before the Attorney General. If the (1) shall take effect on the date of the en- the reasonably foreseeable future; or Attorney General concludes that the alien actment of this Act; and ‘‘(ii) certifies in writing— should be released, then the Secretary shall (2) shall apply to—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9957 (A) any alien subject to a final administra- alien is to be removed from the United (1) by striking ‘‘The term ‘aggravated fel- tive removal, deportation, or exclusion order States if the alien knowingly, or with reason ony’ means—’’ and inserting ‘‘Notwith- that was issued before, on, or after the date to know exceeded, for willfully exceeding, by standing any other provision of law, the of the enactment of this Act, unless — 60 days or more, the period of the alien’s au- term ‘aggravated felony’ applies to an of- (i) that order was issued and the alien was thorized admission or parole into the United fense described in this paragraph, whether in subsequently released or paroled before the States. violation of Federal or State law, and to enactment of this Act and ‘‘(2) REASON TO KNOW.—An alien shall be such an offense in violation of the law of a (ii) the alien has complied with and re- deemed to have reason to know that they ex- foreign country for which the term of impris- mains in compliance with the terms and con- ceeded the period of authorized admission if onment was completed within the previous ditions of that release or parole; and their passport is stamped with the expected 15 years, even if the length of the term of im- (B) any act or condition occurring or exist- departure date, or if the code section under prisonment for the offense is based on recidi- ing before, on, or after the date of the enact- which the visa they applied for contains a vism or other enhancements, and regardless ment of this Act. length of time for which the visa can be of whether the conviction was entered be- (c) DETENTION OF ALIENS DURING REMOVAL issued. fore, on, or after September 30, 1996, and PROCEEDINGS.— ‘‘(3) WAIVER.—The Secretary of Homeland means—’’; (1) DETENTION OF INADMISSIBLE ARRIVING Security may waive the application of para- (2) in subparagraph (A), by striking ‘‘mur- ALIENS.—Section 235 of the Immigration and graph (1) if the Secretary determines that der, rape, or sexual abuse of a minor;’’ and Nationality Act (8 U.S.C. 1225) is amended by the alien exceeded the alien’s period of au- inserting ‘‘murder, rape, or sexual abuse of a adding at the end the following: thorized admission or parole as a result of minor, whether or not the minority of the ‘‘(e) LENGTH OF DETENTION.— exceptional circumstances beyond the con- victim is established by evidence contained ‘‘(1) IN GENERAL.—An alien may be de- trol of the alien or the Secretary determines in the record of conviction or by evidence ex- tained under this section, without limita- a waiver is necessary for humanitarian pur- trinsic to the record of conviction;’’; tion, until the alien is subject to an adminis- poses.’’. (3) in subparagraph (N), by striking ‘‘para- tratively final order of removal. SEC. 1204. ILLEGAL REENTRY. graph (1)(A) or (2) of’’; ‘‘(2) EFFECT ON OTHER DETENTION.—The Section 276 of the Immigration and Nation- (4) in subparagraph (O), by striking ‘‘sec- length of a detention under this section shall ality Act (8 U.S.C. 1326) is amended by strik- tion 275(a) or 276 committed by an alien who not affect the validity of any detention ing subsections (a) through (c) and inserting was previously deported on the basis of a under section 241. the following: conviction for an offense described in an- ‘‘(f) JUDICIAL REVIEW.—Without regard to ‘‘(a) REENTRY AFTER REMOVAL.—An alien other subparagraph of this paragraph’’ and the place of confinement, judicial review of who has been denied admission, excluded, de- inserting ‘‘section 275 or 276 for which the any action or decision made pursuant to sub- ported, or removed, or who has departed the term of imprisonment is at least 1 year’’; section (e) shall be available exclusively in a United States while an order of exclusion, (5) by striking the undesignated matter habeas corpus proceeding instituted in the deportation, or removal is outstanding, and following subparagraph (U); United States District Court for the District subsequently enters, attempts to enter, (6) in subparagraph (E)— of Columbia if the alien has exhausted all ad- crosses the border to, attempts to cross the (A) in clause (ii), by inserting ‘‘, (c),’’ after ministrative remedies available to the alien border to, or is at any time found in the ‘‘924(b)’’ and by striking ‘‘or’’ at the end; and as of right.’’. United States, shall be fined under title 18, (B) by adding at the end the following new (2) DETENTION OF APPREHENDED ALIENS.— United States Code, and imprisoned not less clauses: Section 236 of such Act (8 U.S.C. 1226) is than 60 days and not more than 2 years. ‘‘(iv) section 2250 of title 18, United States amended— ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— Code (relating to failure to register as a sex (A) by redesignating subsection (e) as sub- Notwithstanding the penalty provided in offender); or section (f); subsection (a), if an alien described in that ‘‘(v) section 521(d) of title 18, United States (B) by inserting after subsection (d) the subsection— Code (relating to penalties for offenses com- following: ‘‘(1) was convicted for 3 or more mis- mitted by criminal street gangs);’’; and ‘‘(e) LENGTH OF DETENTION.— demeanors or a felony before such removal (7) by amending subparagraph (F) to read ‘‘(1) IN GENERAL.—An alien may be de- or departure, the alien shall be fined under as follows: tained under this section, without limita- title 18, United States Code, and imprisoned ‘‘(F) either— tion, until the alien is subject to an adminis- not less than 1 year and not more than 10 ‘‘(i) a crime of violence (as defined in sec- tratively final order of removal. years; tion 16 of title 18, United States Code, but ‘‘(2) EFFECT ON OTHER DETENTION.—The ‘‘(2) was convicted for a felony before such not including a purely political offense); or length of a detention under this section shall removal or departure for which the alien was ‘‘(ii) a third conviction for driving while not affect the validity of any detention sentenced to a term of imprisonment of not intoxicated (including a third conviction for under section 241.’’; and less than 30 months, the alien shall be fined driving while under the influence or im- (C) in subsection (f), as redesignated by under such title, and imprisoned not less paired by alcohol or drugs), without regard subparagraph (A), by adding at the end the than 2 years and not more than 15 years; to whether the conviction is classified as a following: ‘‘Without regard to the place of ‘‘(3) was convicted for a felony before such misdemeanor or felony under State law, for confinement, judicial review of any action or removal or departure for which the alien was which the term of imprisonment is at least 1 decision made pursuant to subsection (f) sentenced to a term of imprisonment of not year;’’. shall be available exclusively in a habeas less than 60 months, the alien shall be fined (b) EFFECTIVE DATE.—The amendments corpus proceeding instituted in the United under such title, and imprisoned not less made by this section shall— States District Court for the District of Co- than 4 years and not more than 20 years; (1) take effect on the date of the enactment lumbia if the alien has exhausted all admin- ‘‘(4) was convicted for 3 felonies before of this Act; and istrative remedies available to the alien as such removal or departure, the alien shall be (2) apply to any act that occurred before, of right.’’. fined under such title, and imprisoned not on, or after such date of enactment. (d) SEVERABILITY.—If any provision of this less than 4 years and not more than 20 years; SEC. 1206. INADMISSIBILITY AND DEPORT- section, any amendment made by this sec- or ABILITY OF GANG MEMBERS AND tion, or the application of any such provision ‘‘(5) was convicted, before such removal or OTHER CRIMINALS. or amendment to any person or cir- departure, for murder, rape, kidnapping, or a (a) DEFINITION OF CRIMINAL GANG.—Section cumstance is held to be invalid for any rea- felony offense described in chapter 77 (relat- 101(a) of the Immigration and Nationality son, the remainder of this section, the ing to peonage and slavery) or 113B (relating Act (8 U.S.C. 1101(a)) is amended by inserting amendments made by this section, and the to terrorism) of such title, the alien shall be after paragraph (51) the following: application of the provisions and amend- fined under such title, and imprisoned not ‘‘(52)(A) The term ‘criminal gang’ means an ments made by this section to any other per- less than 5 years and not more than 20 years. ongoing group, club, organization, or asso- son or circumstance shall not be affected by ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— ciation of 5 or more persons— such holding. Any alien who has been denied admission, ‘‘(i) that has, as 1 of its primary purposes, SEC. 1203. DETENTION PENDING DEPORTATION excluded, deported, or removed 3 or more the commission of 1 or more of the criminal OF ALIENS WHO OVERSTAY. times and thereafter enters, attempts to offenses described in subparagraph (B); and Section 236 of the Immigration and Nation- enter, crosses the border to, attempts to ‘‘(ii) the members of which engage, or have ality Act (8 U.S.C. 1226) is amended— cross the border to, or is at any time found engaged within the past 5 years, in a con- (1) by redesignating subsection (e) as sub- in the United States, shall be fined under tinuing series of offenses described in sub- section (f); and title 18, United States Code, and imprisoned paragraph (B). (2) by inserting after subsection (d) the fol- not less than 2 years and not more than 10 ‘‘(B) Offenses described in this subpara- lowing: years.’’. graph, whether in violation of Federal or ‘‘(e) DETENTION OF ALIENS WHO EXCEED THE SEC. 1205. AGGRAVATED FELONY. State law or in violation of the law of a for- ALIEN’S PERIOD OF AUTHORIZED ADMISSION.— (a) DEFINITION OF AGGRAVATED FELONY.— eign country, regardless of whether charged, ‘‘(1) CUSTODY.—An alien shall be arrested Section 101(a)(43) of the Immigration and Na- and regardless of whether the conduct oc- and detained by the Secretary of Homeland tionality Act (8 U.S.C. 1101(a)(43)) is amend- curred before, on, or after the date of the en- Security pending a decision on whether the ed— actment of this paragraph, are—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9958 CONGRESSIONAL RECORD — SENATE July 25, 2007 ‘‘(i) a felony drug offense (as defined in sec- (ii) by striking ‘‘(under paragraph (3))’’; determination by the Attorney General or tion 102 of the Controlled Substances Act (21 (B) by striking paragraph (3); and the Secretary of Homeland Security that— U.S.C. 802)); (C) by redesignating paragraph (4) as para- ‘‘(I) the alien was acting in self-defense; ‘‘(ii) a felony offense involving firearms or graph (3); and ‘‘(II) the alien was found to have violated a explosives, including a violation of section (D) in paragraph (3), as redesignated, by protection order intended to protect the 924(c), 924(h), or 931 of title 18 (relating to adding at the end the following: ‘‘The Sec- alien; or purchase, ownership, or possession of body retary of Homeland Security may detain an ‘‘(III) the alien committed, was arrested armor by violent felons); alien provided temporary protected status for, was convicted of, or pled guilty to com- ‘‘(iii) an offense under section 274 (relating under this section whenever appropriate mitting a crime that did not result in serious to bringing in and harboring certain aliens), under any other provision.’’. bodily injury. section 277 (relating to aiding or assisting (e) PRECLUDING ADMISSIBILITY OF ALIENS ‘‘(L) AGGRAVATED FELONS.—Any alien who certain aliens to enter the United States), or CONVICTED OF SERIOUS CRIMINAL OFFENSES has been convicted of an aggravated felony section 278 (relating to the importation of an AND DOMESTIC VIOLENCE, STALKING, CHILD at any time is inadmissible.’’. alien for immoral purpose); ABUSE AND VIOLATION OF PROTECTION OR- (2) in subsection (h)— ‘‘(iv) a felony crime of violence as defined DERS.—Section 212 of the Immigration and (A) by striking ‘‘The Attorney General in section 16 of title 18, United States Code; Nationality Act (8 U.S.C. 1182) is amended— may, in his discretion, waive the application ‘‘(v) a crime involving obstruction of jus- (1) in subsection (a)(2), by adding at the of subparagraphs (A)(i)(I), (B), (D), and (E) of tice; tampering with or retaliating against a end the following: subsection (a)(2)’’ and inserting ‘‘The Attor- witness, victim, or informant; or burglary; ‘‘(J) CERTAIN FIREARM OFFENSES.—Any ney General or the Secretary of Homeland ‘‘(vi) any conduct punishable under sec- alien who at any time has been convicted Security may waive the application of sub- tions 1028 and 1029 of title 18, United States under any law of, or who admits having com- paragraphs (A)(i)(I), (B), (D), (E), and (K) of Code (relating to fraud and related activity mitted or admits committing acts which subsection (a)(2)’’; and in connection with identification documents constitute the essential elements of, pur- (B) by inserting ‘‘or Secretary of Homeland or access devices), sections 1581 through 1594 chasing, selling, offering for sale, exchang- Security’’ after ‘‘the Attorney General’’ each of such title (relating to peonage, slavery ing, using, owning, possessing, or carrying, place it appears. and trafficking in persons), section 1952 of or of attempting or conspiring to purchase, (f) EFFECTIVE DATE.—The amendments such title (relating to interstate and foreign sell, offer to sale, exchange, use, own, pos- made by this section shall apply to— travel or transportation in aid of racket- sess, or carry, any weapon, part, or acces- (1) any act that occurred before, on, or eering enterprises), section 1956 of such title sory, which is a firearm or destructive device after the date of enactment; and (relating to the laundering of monetary in- (as defined in section 921(a) of title 18, United (2) to all aliens who are required to estab- struments), section 1957 of such title (relat- States Code) in violation of any law is inad- lish admissibility on or after the date of en- ing to engaging in monetary transactions in missible. actment of this section, and in all removal, property derived from specified unlawful ac- ‘‘(K) CRIMES OF DOMESTIC VIOLENCE, STALK- deportation, or exclusion proceedings that tivity), or sections 2312 through 2315 of such ING, OR VIOLATION OF PROTECTIVE ORDERS; are filed, pending, or reopened, on or after title (relating to interstate transportation of CRIMES AGAINST CHILDREN.— such date. stolen motor vehicles or stolen property); ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND SEC. 1207. IMMIGRATION INJUNCTION REFORM. and CHILD ABUSE.—Any alien who has been con- (a) APPROPRIATE REMEDIES FOR IMMIGRA- ‘‘(vii) a conspiracy to commit an offense victed of a crime of domestic violence, a TION LEGISLATION.— described in clause (i) through (vi).’’. crime of stalking, or a crime of child abuse, (1) REQUIREMENTS FOR AN ORDER GRANTING (b) INADMISSIBILITY.—Section 212(a)(2) of the Immigration and Nationality Act (8 child neglect, or child abandonment, pro- PROSPECTIVE RELIEF AGAINST THE GOVERN- U.S.C. 1182(a)(2)) is amended— vided the alien served at least 1 year’s im- MENT.— (1) by redesignating subparagraph (F) as prisonment for the crime or provided the (A) IN GENERAL.—If a court determines subparagraph (J); and alien was convicted of or admitted to acts that prospective relief should be ordered (2) by inserting after subparagraph (E) the constituting more than 1 such crime, not against the Government in any civil action following: arising out of a single scheme of criminal pertaining to the administration or enforce- ‘‘(F) ALIENS ASSOCIATED WITH CRIMINAL misconduct, is inadmissible. In this clause, ment of the immigration laws of the United GANGS.—Any alien who a consular officer, the term ‘crime of domestic violence’ means States, the court shall— the Attorney General, or the Secretary of any crime of violence (as defined in section (i) limit the relief to the minimum nec- Homeland Security knows or has reason to 16 of title 18, United States Code) against a essary to correct the violation of law; believe participated in a criminal gang, person committed by a current or former (ii) adopt the least intrusive means to cor- knowing or having reason to know that such spouse of the person, by an individual with rect the violation of law; participation promoted, furthered, aided, or whom the person shares a child in common, (iii) minimize, to the greatest extent prac- supported the illegal activity of the gang, is by an individual who is cohabiting with or ticable, the adverse impact on national secu- inadmissible.’’. has cohabited with the person as a spouse, by rity, border security, immigration adminis- (c) DEPORTABILITY.—Section 237(a)(2) of the an individual similarly situated to a spouse tration and enforcement, and public safety, Immigration and Nationality Act (8 U.S.C. of the person under the domestic or family and 1227(a)(2)) is amended by adding at the end violence laws of the jurisdiction where the (iv) provide for the expiration of the relief the following: offense occurs, or by any other individual on a specific date, which is not later than ‘‘(F) ALIENS ASSOCIATED WITH CRIMINAL against a person who is protected from that the earliest date necessary for the Govern- GANGS.—Any alien, in or admitted to the individual’s acts under the domestic or fam- ment to remedy the violation. United States, who at any time has partici- ily violence laws of the United States or any (B) WRITTEN EXPLANATION.—The require- pated in a criminal gang, knowing or having State, Indian tribal government, or unit of ments described in subparagraph (A) shall be reason to know that such participation pro- local or foreign government. discussed and explained in writing in the moted, furthered, aided, or supported the il- ‘‘(ii) VIOLATORS OF PROTECTION ORDERS.— order granting prospective relief and must be legal activity of the gang is deportable.’’. Any alien who at any time is enjoined under sufficiently detailed to allow review by an- (d) TEMPORARY PROTECTED STATUS.—Sec- a protection order issued by a court and other court. tion 244 of the Immigration and Nationality whom the court determines has engaged in (C) EXPIRATION OF PRELIMINARY INJUNCTIVE Act (8 U.S.C. 1254a) is amended— conduct that constitutes criminal contempt RELIEF.—Preliminary injunctive relief shall (1) by striking ‘‘, Attorney General’’ each of the portion of a protection order that in- automatically expire on the date that is 90 place it appears and inserting ‘‘Secretary of volves protection against credible threats of days after the date on which such relief is Homeland Security’’; violence, repeated harassment, or bodily in- entered, unless the court— (2) in subsection (c)(2)(B)— jury to the person or persons for whom the (i) makes the findings required under sub- (A) in clause (i), by striking ‘‘or’’ and in- protection order was issued, is inadmissible. paragraph (A) for the entry of permanent serting a semicolon; In this clause, the term ‘protection order’ prospective relief; and (B) in clause (ii), by striking the period at means any injunction issued for the purpose (ii) makes the order final before expiration the end and inserting ‘‘or’’; and of preventing violent or threatening acts of of such 90-day period. (C) by adding at the end the following: domestic violence, including temporary or (D) REQUIREMENTS FOR ORDER DENYING MO- ‘‘(iii) the alien participates in, or at any final orders issued by civil or criminal courts TION.—This paragraph shall apply to any time after admission has participated in, (other than support or child custody orders order denying the Government’s motion to knowing or having reason to know that such or provisions) whether obtained by filing an vacate, modify, dissolve or otherwise termi- participation promoted, furthered, aided, or independent action or as an independent nate an order granting prospective relief in supported the illegal activity of the gang, order in another proceeding. any civil action pertaining to the adminis- the activities of a criminal gang.’’; and ‘‘(iii) APPLICABILITY.—This subparagraph tration or enforcement of the immigration (3) in subsection (d)— shall not apply to an alien who has been bat- laws of the United States. (A) in paragraph (2)— tered or subjected to extreme cruelty and (2) PROCEDURE FOR MOTION AFFECTING (i) by striking ‘‘Subject to paragraph (3), who is not and was not the primary perpe- ORDER GRANTING PROSPECTIVE RELIEF AGAINST such’’ and inserting ‘‘Such’’; and trator of violence in the relationship, upon a THE GOVERNMENT.—

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(A) IN GENERAL.—A court shall promptly (1) IN GENERAL.—This section shall apply or matter under the immigration laws, pend- rule on the Government’s motion to vacate, with respect to all orders granting prospec- ing on or filed after such date of enactment. modify, dissolve or otherwise terminate an tive relief in any civil action pertaining to SEC. 1209. LAW ENFORCEMENT AUTHORITY OF order granting prospective relief in any civil the administration or enforcement of the im- STATES AND POLITICAL SUBDIVI- action pertaining to the administration or migration laws of the United States, whether SIONS TO DETAIN AND TRANSFER enforcement of the immigration laws of the such relief was ordered before, on, or after TO FEDERAL CUSTODY. United States. the date of the enactment of this Act. (a) IN GENERAL.—Title II of the Immigra- (B) AUTOMATIC STAYS.— (2) PENDING MOTIONS.—Every motion to va- tion and Nationality Act (8 U.S.C. 1151 et. (i) IN GENERAL.—The Government’s motion cate, modify, dissolve or otherwise termi- seq.) is amended by adding after section 240C to vacate, modify, dissolve, or otherwise ter- nate an order granting prospective relief in the following new section: minate an order granting prospective relief any such action, which motion is pending on ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF made in any civil action pertaining to the the date of the enactment of this Act, shall STATES AND POLITICAL SUBDIVI- administration or enforcement of the immi- be treated as if it had been filed on such date SIONS TO DETAIN AND TRANSFER gration laws of the United States shall auto- of enactment. TO FEDERAL CUSTODY. ‘‘(a) IN GENERAL.—If the head of a law en- matically, and without further order of the (3) AUTOMATIC STAY FOR PENDING MO- forcement entity of a State (or, if appro- court, stay the order granting prospective TIONS.— priate, a political subdivision of the State) relief on the date that is 15 days after the (A) IN GENERAL.—An automatic stay with exercising authority with respect to the ap- date on which such motion is filed unless the respect to the prospective relief that is the court previously has granted or denied the subject of a motion described in paragraph prehension or arrest of an alien submits a re- Government’s motion. (2) shall take effect without further order of quest to the Secretary of Homeland Security that the alien be taken into Federal custody, (ii) DURATION OF AUTOMATIC STAY.—An the court on the date which is 10 days after automatic stay under clause (i) shall con- the date of the enactment of this Act if the the Secretary of Homeland Security— tinue until the court enters an order grant- motion— ‘‘(1) shall— ing or denying the Government’s motion. (i) was pending for 45 days as of the date of ‘‘(A) deem the request to include the in- (iii) POSTPONEMENT.—The court, for good the enactment of this Act; and quiry to verify immigration status described cause, may postpone an automatic stay (ii) is still pending on the date which is 10 in section 642(c) of the Illegal Immigration under clause (i) for not longer than 15 days. days after such date of enactment. Reform and Immigrant Responsibility Act of (iv) ORDERS BLOCKING AUTOMATIC STAYS.— (B) DURATION OF AUTOMATIC STAY.—An 1996 (8 U.S.C. 1373(c)), and expeditiously in- Any order staying, suspending, delaying, or automatic stay that takes effect under sub- form the requesting entity whether such in- otherwise barring the effective date of the paragraph (A) shall continue until the court dividual is an alien lawfully admitted to the automatic stay described in clause (i), other enters an order granting or denying the Gov- United States or is otherwise lawfully than an order to postpone the effective date ernment’s motion under subsection (a)(2). present in the United States or is removable; of the automatic stay for not longer than 15 There shall be no further postponement of and days under clause (iii), shall be— the automatic stay with respect to any such ‘‘(B) if the individual is an alien who is re- (I) treated as an order refusing to vacate, pending motion under subsection (a)(2)(B). movable or who is not lawfully admitted to modify, dissolve or otherwise terminate an Any order, staying, suspending, delaying or the United States or otherwise is not law- injunction; and otherwise barring the effective date of this fully present in the United States— (II) immediately appealable under section automatic stay with respect to pending mo- ‘‘(i) take the illegal alien into the custody 1292(a)(1) of title 28, United States Code. tions described in paragraph (2) shall be an of the Federal Government not later than 72 (3) SETTLEMENTS.— order blocking an automatic stay subject to hours after— (A) CONSENT DECREES.—In any civil action immediate appeal under subsection ‘‘(I) the conclusion of the State charging pertaining to the administration or enforce- (a)(2)(B)(iv). process or dismissal process; or ment of the immigration laws of the United SEC. 1208. DEFINITION OF GOOD MORAL CHAR- ‘‘(II) the illegal alien is apprehended, if no States, the court may not enter, approve, or ACTER. State charging or dismissal process is re- continue a consent decree that does not com- (a) IN GENERAL.—Section 101(f) of the Im- quired; or ply with paragraph (1). migration and Nationality Act (8 U.S.C. ‘‘(ii) request that the relevant State or (B) PRIVATE SETTLEMENT AGREEMENTS.— 1101(f)) is amended— local law enforcement agency temporarily Nothing in this subsection shall preclude (1) by inserting after paragraph (1) the fol- detain or transport the alien to a location parties from entering into a private settle- lowing: for transfer to Federal custody; and ment agreement that does not comply with ‘‘(2) an alien described in section 212(a)(3) ‘‘(2) shall designate at least 1 Federal, paragraph (1) if the terms of that agreement or 237(a)(4), as determined by the Secretary State, or local prison or jail or a private con- are not subject to court enforcement other of Homeland Security or Attorney General, tracted prison or detention facility within than reinstatement of the civil proceedings based upon any relevant information or evi- each State as the central facility for that that the agreement settled. dence, including classified, sensitive, or na- State to transfer custody of aliens to the De- (4) EXPEDITED PROCEEDINGS.—It shall be tional security information;’’; partment of Homeland Security. the duty of every court to advance on the (2) in paragraph (8), by striking ‘‘(as de- ‘‘(b) REIMBURSEMENT.— docket and to expedite the disposition of any fined in subsection (a)(43))’’ and inserting ‘‘(1) IN GENERAL.—The Secretary of Home- civil action or motion considered under this ‘‘regardless of whether the crime was classi- land Security shall reimburse a State, or a subsection. fied as an aggravated felony under sub- political subdivision of a State, for expenses, (5) DEFINITIONS.—In this subsection: section (a)(43) at the time of conviction, un- as verified by the Secretary, incurred by the (A) CONSENT DECREE.—The term ‘‘consent less the Secretary of Homeland Security or State or political subdivision in the deten- decree’’— Attorney General, in his discretion, deter- tion and transportation of an alien as de- (i) means any relief entered by the court mine that this paragraph shall not apply to scribed in subparagraphs (A) and (B) of sub- that is based in whole or in part on the con- a person who completed the term of impris- section (c)(1). sent or acquiescence of the parties; and onment or sentence (whichever is later) ‘‘(2) COST COMPUTATION.—Compensation (ii) does not include private settlements. more than 10 years prior to the date of appli- provided for costs incurred under subpara- (B) GOOD CAUSE.—The term ‘‘good cause’’ cation’’; and graphs (A) and (B) of subsection (c)(1) shall does not include discovery or congestion of (3) in the undesignated matter following be— the court’s calendar. paragraph (9), by striking ‘‘a finding that for ‘‘(A) the product of— (C) GOVERNMENT.—The term ‘‘Govern- other reasons such person is or was not a ‘‘(i) the average daily cost of incarceration ment’’ means the United States, any Federal person of good moral character.’’ and insert- of a prisoner in the relevant State, as deter- department or agency, or any Federal agent ing ‘‘a discretionary finding for other rea- mined by the chief executive officer of a or official acting within the scope of official sons that such a person is or was not of good State (or, as appropriate, a political subdivi- duties. moral character. In determining an appli- sion of the State); multiplied by (D) PERMANENT RELIEF.—The term ‘‘perma- cant’s moral character, the Secretary of ‘‘(ii) the number of days that the alien was nent relief’’ means relief issued in connec- Homeland Security and the Attorney Gen- in the custody of the State or political sub- tion with a final decision of a court. eral may take into consideration the appli- division; plus (E) PRIVATE SETTLEMENT AGREEMENT.—The cant’s conduct and acts at any time and are ‘‘(B) the cost of transporting the alien term ‘‘private settlement agreement’’ means not limited solely to the period during which from the point of apprehension or arrest to an agreement entered into among the parties good moral character is required.’’. the location of detention, and if the location that is not subject to judicial enforcement (b) EFFECTIVE DATE.—The amendments of detention and of custody transfer are dif- other than the reinstatement of the civil ac- made by this section shall take effect on the ferent, to the custody transfer point; plus tion that the agreement settled. date of the enactment of this Act and shall ‘‘(C) the cost of uncompensated emergency (F) PROSPECTIVE RELIEF.—The term ‘‘pro- apply to— medical care provided to a detained alien spective relief’’ means temporary, prelimi- (1) any act that occurred before, on or after during the period between the time of trans- nary, or permanent relief other than com- such date of enactment; and mittal of the request described in subsection pensatory monetary damages. (2) any application for naturalization or (c) and the time of transfer into Federal cus- (b) EFFECTIVE DATE.— any other benefit or relief, or any other case tody.

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‘‘(c) REQUIREMENT FOR APPROPRIATE SECU- the transfer of the alien to Federal custody (3) maximize its reliability and ease of use RITY.—The Secretary of Homeland Security if the alien is removable or not lawfully by employers consistent with insulating and shall ensure that— present in the United States; protecting the privacy and security of the ‘‘(1) aliens incarcerated in a Federal facil- (2) issue a detainer that would allow aliens underlying information; ity pursuant to this section are held in fa- who have served a State prison sentence to (4) respond accurately to all inquiries cilities which provide an appropriate level of be detained by the State prison until author- made by employers on whether individuals security; and ized employees of the Bureau of Immigration are authorized to be employed; ‘‘(2) if practicable, aliens detained solely and Customs Enforcement can take the alien (5) maintain appropriate administrative, for civil violations of Federal immigration into custody; or technical, and physical safeguards to prevent law are separated within a facility or facili- (3) transport the alien (including the trans- unauthorized disclosure of personal informa- ties. portation across State lines to detention tion; ‘‘(d) REQUIREMENT FOR SCHEDULE.—In car- centers) to a location where transfer to Fed- (6) allow for auditing use of the system to rying out this section, the Secretary of eral custody can be effectuated. detect fraud and identify theft, and to pre- Homeland Security shall establish a regular (b) AUTHORIZATION OF APPROPRIATIONS.— serve the security of the information in the circuit and schedule for the prompt transpor- There are authorized to be appropriated Program, including— tation of apprehended aliens from the cus- $500,000,000 per year to reimburse the ex- (A) the development and use of algorithms tody of those States, and political subdivi- penses incurred by States, or political sub- to detect potential identity theft, such as sions of States, which routinely submit re- divisions of a state, in the detention or multiple uses of the same identifying infor- quests described in subsection (c), into Fed- transportation of criminal aliens to Federal mation or documents; eral custody. custody. (B) the development and use of algorithms ‘‘(e) AUTHORITY FOR CONTRACTS.— SEC. 1212. STRENGTHENING THE DEFINITION OF to detect misuse of the system by employers ‘‘(1) IN GENERAL.—The Secretary of Home- CONVICTION. and employees; land Security may enter into contracts or Section 101(a)(48) of the Immigration and (C) the development of capabilities to de- cooperative agreements with appropriate Nationality Act (8 U.S.C. 1101(a)(48)) is tect anomalies in the use of the Program State and local law enforcement and deten- amended by adding at the end the following: that may indicate potential fraud or misuse tion agencies to implement this section. ‘‘(C) Any reversal, vacatur, expungement, of the Program; and ‘‘(2) DETERMINATION BY SECRETARY.—Prior or modification of a conviction, sentence, or (D) auditing documents and information to entering into a contract or cooperative conviction record that was granted to ame- submitted by potential employees to em- agreement with a State or political subdivi- liorate the consequences of the conviction, ployers, including authority to conduct sion of a State under paragraph (1), the Sec- sentence, or conviction record, or was grant- interviews with employers and employees. retary shall determine whether the State, or ed for rehabilitative purposes, or for failure (b) COORDINATION WITH STATE GOVERN- if appropriate, the political subdivision in to advise the alien of the immigration con- MENTS.—If use of an employer verification which the agencies are located, has in place sequences of a guilty plea or a determination system is mandated by State or local law, any formal or informal policy that violates of guilt, shall have no effect on the immigra- the Secretary of the Department of Home- section 642 of the Illegal Immigration Re- tion consequences resulting from the origi- land Security, in consultation with appro- form and Immigrant Responsibility Act of nal conviction. The alien shall have the bur- priate State and local officials, shall— 1996 (8 U.S.C. 1373). The Secretary shall not den of demonstrating that any reversal, (1) ensure that such state and local pro- allocate any of the funds made available vacatur, expungement, or modification was grams have sufficient access to the federal under this section to any State or political not granted to ameliorate the consequences government’s Employment Eligibility subdivision that has in place a policy that of the conviction, sentence, or conviction Verification (EEV) system and ensure that violates such section.’’. record, for rehabilitative purposes, or for the EEV has sufficient capacity to— (b) AUTHORIZATION OF APPROPRIATIONS FOR failure to advise the alien of the immigra- (A) register employers of states with em- THE DETENTION BY A STATE, OR A POLITICAL tion consequences of a guilty plea or a deter- ployer verification requirements; SUBDIVISION OF A STATE, AND TRANSPOR- mination of guilt.’’. (B) respond to inquiries by employers; and TATION TO FEDERAL CUSTODY OF ALIENS BE- SEC. 1213. PERMITTING STATE AND LOCAL (C) enter into Memoranda of Under- LIEVED TO NOT BE LAWFULLY PRESENT.— GRANTS FOR 287(G) TRAINING EX- standing with states to ensure responses to There are authorized to be appropriated PENSES AND DETENTION AND subparagraphs (A) and (B); $850,000,000 for fiscal year 2008 and each sub- TRANSPORTATION EXPENSES. (2) develop policies and procedures to en- sequent fiscal year to reimburse States, and State and local program grants provided in sure protection of the privacy and security political divisions of States, for the up to 72 the amount of $294,500,000 in this Act for of personally identifiable information and hour detention and transportation to Fed- ‘‘training, exercises, technical assistance, identifiers contained in the Basic Pilot Pro- eral custody aliens believed to not be law- and other programs’’ may be used for the ini- gram, including appropriate privacy and se- fully present in the United States under the tial payment of, or reimbursement of, state curity training for State employees. Immigration and Nationality Act (8 U.S.C. and local expenses related to the implemen- (c) RESPONSIBILITIES OF THE SOCIAL SECU- 1101 et. seq.). tation of agreements between the Depart- RITY ADMINISTRATION.—For purposes of pre- ment of Homeland Security and state and SEC. 1210. INCARCERATION OF CRIMINAL venting identity theft, protecting employees, ALIENS. local governments in accordance with sec- and reducing burden on employers, the Com- (a) INSTITUTIONAL REMOVAL PROGRAM.— tion 287(g) of the Immigration and Nation- missioner of Social Security, in consultation (1) CONTINUATION.—The Secretary of Home- ality Act (8 U.S.C. 1357(g)) and for the initial with the Secretary of Homeland Security, land Security shall continue to operate the payment of, or reimbursement of, state and shall— Institutional Removal Program (referred to local expenses related to the costs incurred (1) review the Social Security Administra- in this section as the ‘‘Program’’) or shall to detain and transport criminal aliens after tion databases and information technology develop and implement another program to— the completion of their state and local to identify any deficiencies and discrep- (A) identify removable criminal aliens in criminal sentences for the purpose of facili- ancies related to name, birth date, citizen- Federal and State correctional facilities; tating transfer to Federal custody.’’ ship status, or to death records of the social (B) ensure that such aliens are not released SEC. 1214. IMPROVEMENTS TO EMPLOYMENT ELI- security accounts and social security ac- into the community; and GIBILITY VERIFICATION. count holders that are likely to contribute (C) remove such aliens from the United (a) IN GENERAL.—The Secretary of Home- to fraudulent use of documents, or identity States after the completion of their sen- land Security shall improve the Basic Pilot theft, or to affect the proper functioning of tences. Program (as described in section 403(a) of di- the Basic Pilot Program; vision C of title IV of Public Law 104-208) (2) EXPANSION.—The Secretary may extend (2) work to correct any errors identified the scope of the Program to all States. to— under subclause (A); and (b) AUTHORIZATION OF APPROPRIATIONS.— (1) respond to inquiries made by partici- (3) work to ensure that a system for identi- There are authorized to be appropriated pating employers through the Internet con- fying and promptly correcting such defi- $300,000,000 for fiscal year 2008 to carry out cerning an individual’s identity and whether ciencies and discrepancies is adopted to en- the Institutional Removal Program. the individual is authorized to be employed sure the accuracy of the Social Security Ad- SEC. 1211. AUTHORIZATION FOR DETENTION AND in the United States; ministration’s databases. TRANSPORTATION AFTER COMPLE- (2) electronically confirm the issuance of (d) RULEMAKING.—The Secretary is author- TION OF STATE OR LOCAL PRISON an employment authorization or identity ized, with notice to the public provided in SENTENCE. document to the individual who is seeking the Federal Register, to issue regulations (a) AUTHORIZATION FOR DETENTION AND employment, and to display the photograph concerning operational and technical aspects TRANSPORTATION AFTER COMPLETION OF that the issuer placed on such document, so of the Basic Pilot Program and the effi- STATE OR LOCAL PRISON SENTENCE.—Law en- that an employer can compare the photo- ciency, accuracy, and security of that Pro- forcement officers of a State or political sub- graph displayed on the document presented gram. division of a State may— by the individual to the photograph trans- (e) AUTHORIZATION OF APPROPRIATIONS.— (1) hold an illegal alien for a period not to mitted by the Department of Homeland Se- There are authorized to be appropriated exceed 14 days after the completion of the curity to verify employment authorization $60,000,000 for fiscal year 2008 to carry out alien’s State prison sentence to effectuate or identity; this section.

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SEC. 1215. IMMUNITY FOR REPORTS OF SUS- (5) VEHICLE.—The term ‘‘vehicle’’ has the the Deputy Secretary of Homeland Security PICIOUS BEHAVIOR AND RESPONSE. meaning given to that term in section for Management may exercise all the duties (a) IMMUNITY FOR REPORTS OF SUSPICIOUS 1992(16) of title 18, United States Code. of that office. BEHAVIOR.— (e) EFFECTIVE DATE.—This section shall ‘‘(3) FURTHER ORDER OF SUCCESSION.—The (1) IN GENERAL.—Any person who, in good take effect on November 20, 2006, and shall Secretary may designate such other officers faith and based on objectively reasonable apply to all activities and claims occurring of the Department in further order of succes- suspicion, makes, or causes to be made, a on or after such date. sion to act as Secretary.’’. voluntary report of covered activity to an (b) RESPONSIBILITIES.—Section 701 of the authorized official shall be immune from SA 2413. Mr. MARTINEZ submitted Homeland Security Act of 2002 (6 U.S.C. 341) civil liability under Federal, State, and local an amendment intended to be proposed is amended— law for such report. to amendment SA 2383 proposed by Mr. (1) in the section heading, by striking (2) FALSE REPORTS.—Paragraph (1) shall BYRD (for himself and Mr. COCHRAN) to ‘‘UNDER SECRETARY’’ and inserting ‘‘DEP- not apply to any report that the person knew the bill H.R. 2638, making appropria- UTY SECRETARY OF HOMELAND SECU- RITY’’; to be false at the time that person made that tions for the Department of Homeland report. (2) in subsection (a)— Security for the fiscal year ending Sep- (A) by inserting ‘‘The Deputy Secretary of (b) IMMUNITY FOR RESPONSE.— tember 30, 2008, and for other purposes; Homeland Security for Management shall (1) IN GENERAL.—Any authorized official who observes, or receives a report of, covered which was ordered to lie on the table; serve as the Chief Management Officer and activity and takes reasonable action to re- as follows: principal advisor to the Secretary on mat- spond to such activity shall be immune from On page 35, line 20, strike ‘‘which shall’’ ters related to the management of the De- civil liability under Federal, State, and local and all that follows through ‘‘3714):’’ on line partment, including management integra- tion and transformation in support of home- law for such action. 26 and insert the following: ‘‘which shall be land security operations and programs.’’ be- (2) SAVINGS CLAUSE.—Nothing in this sub- allocated based solely on an assessment of fore ‘‘The Secretary’’; section shall affect the ability of any author- risk (as determined by the Secretary of (B) by striking ‘‘Under Secretary for Man- ized official to assert any defense, privilege, Homeland Security) as follows: agement’’ and inserting ‘‘Deputy Secretary or immunity that would otherwise be avail- ‘‘(1) $900,000,000 for grants to States, of of Homeland Security for Management’’; able, and this subsection shall not be con- which $375,000,000 shall be for law enforce- (C) by striking paragraph (7) and inserting strued as affecting any such defense, privi- ment terrorism prevention grants:’’. the following: lege, or immunity. SA 2414. Mr. VOINOVICH (for him- ‘‘(7) Strategic planning and annual per- (c) ATTORNEY FEES AND COSTS.—Any per- formance planning and identification and self, Mr. AKAKA, Mr. LEVIN, Mr. CAR- son or authorized official found to be im- tracking of performance measures relating mune from civil liability under this section PER, and Mrs. MCCASKILL) submitted to the responsibilities of the Department.’’; shall be entitled to recover from the plaintiff an amendment intended to be proposed and all reasonable costs and attorney fees. to amendment SA 2383 proposed by Mr. (D) by striking paragraph (9), and inserting (d) DEFINITIONS.—In this section: BYRD (for himself and Mr. COCHRAN) to the following: (1) AUTHORIZED OFFICIAL.—The term ‘‘au- the bill H.R. 2638, making appropria- ‘‘(9) The integration and transformation thorized official’’ means— tions for the Department of Homeland process, to ensure an efficient and orderly (A) any employee or agent of a mass trans- consolidation of functions and personnel to portation system; Security for the fiscal year ending Sep- tember 30, 2008, and for other purposes; the Department, including the development (B) any officer, employee, or agent of the of a management integration strategy for Department of Homeland Security, the De- which was ordered to lie on the table; the Department.’’; and partment of Transportation, or the Depart- as follows: (3) in subsection (b)— ment of Justice; On page 69, after line 24, add the following: (A) in paragraph (1), by striking ‘‘Under (C) any Federal, State, or local law en- SEC. 536. DEPUTY SECRETARY OF HOMELAND Secretary for Management’’ and inserting forcement officer; or SECRETARY FOR MANAGEMENT. ‘‘Deputy Secretary of Homeland Security for (D) any transportation security officer. (a) ESTABLISHMENT AND SUCCESSION.—Sec- Management’’; and (2) COVERED ACTIVITY.—The term ‘‘covered tion 103 of the Homeland Security Act of 2002 (B) in paragraph (2), by striking ‘‘Under activity’’ means any suspicious transaction, (6 U.S.C. 113) is amended— Secretary for Management’’ and inserting activity, or occurrence that involves, or is (1) in subsection (a)— ‘‘Deputy Secretary of Homeland Security for directed against, a mass transportation sys- (A) in the subsection heading, by striking Management’’. tem or vehicle or its passengers indicating ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY (c) APPOINTMENT, EVALUATION, AND RE- that an individual may be engaging, or pre- SECRETARIES’’; APPOINTMENT.—Section 701 of the Homeland paring to engage, in— (B) by striking paragraph (6); Security Act of 2002 (6 U.S.C. 341) is amended (A) a violent act or act dangerous to (C) by redesignating paragraphs (2) by adding at the end the following: human life that is a violation of the criminal through (5) as paragraphs (3) through (6), re- ‘‘(c) APPOINTMENT, EVALUATION, AND RE- laws of the United States or of any State, or spectively; and APPOINTMENT.—The Deputy Secretary of that would be such a violation if committed (D) by striking paragraph (1) and inserting Homeland Security for Management— within the jurisdiction of the United States the following: ‘‘(1) shall be appointed by the President, by or any State; or ‘‘(1) A Deputy Secretary of Homeland Se- and with the advice and consent of the Sen- (B) an act of terrorism (as that term is de- curity. ate, from among persons who have— fined in section 3077 of title 18, United States ‘‘(2) A Deputy Secretary of Homeland Se- ‘‘(A) extensive executive level leadership Code). curity for Management.’’; and and management experience in the public or (3) MASS TRANSPORTATION.—The term (2) by adding at the end the following: private sector; ‘‘mass transportation’’— ‘‘(g) VACANCIES.— ‘‘(B) strong leadership skills; (A) has the meaning given to that term in ‘‘(1) VACANCY IN OFFICE OF SECRETARY.— ‘‘(C) a demonstrated ability to manage section 5302(a)(7) of title 49, United States ‘‘(A) DEPUTY SECRETARY.—In case of a va- large and complex organizations; and Code; and cancy in the office of the Secretary, or of the ‘‘(D) a proven record in achieving positive (B) includes— absence or disability of the Secretary, the operational results; (i) school bus, charter, or intercity bus Deputy Secretary of Homeland Security may ‘‘(2) shall— transportation; exercise all the duties of that office, and for ‘‘(A) serve for a term of 5 years; and (ii) intercity passenger rail transportation; the purpose of section 3345 of title 5, United ‘‘(B) be subject to removal by the Presi- (iii) sightseeing transportation; States Code, the Deputy Secretary of Home- dent if the President— (iv) a passenger vessel as that term is de- land Security is the first assistant to the ‘‘(i) finds that the performance of the Dep- fined in section 2101(22) of title 46, United Secretary. uty Secretary of Homeland Security for States Code; ‘‘(B) DEPUTY SECRETARY FOR MANAGE- Management is unsatisfactory; and (v) other regularly scheduled waterborne MENT.—When by reason of absence, dis- ‘‘(ii) communicates the reasons for remov- transportation service of passengers by ves- ability, or vacancy in office, neither the Sec- ing the Deputy Secretary of Homeland Secu- sel of at least 20 gross tons; and retary nor the Deputy Secretary of Home- rity for Management to Congress before such (vi) air transportation as that term is de- land Security is available to exercise the du- removal; fined in section 40102 of title 49, United ties of the office of the Secretary, the Dep- ‘‘(3) may be reappointed in accordance with States Code. uty Secretary of Homeland Security for paragraph (1), if the Secretary has made a (4) MASS TRANSPORTATION SYSTEM.—The Management shall act as Secretary. satisfactory determination under paragraph term ‘‘mass transportation system’’ means ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC- (5) for the 3 most recent performance years; an entity or entities organized to provide RETARY.—In the case of a vacancy in the of- ‘‘(4) shall enter into an annual performance mass transportation using vehicles, includ- fice of the Deputy Secretary of Homeland agreement with the Secretary that shall set ing the infrastructure used to provide such Security, or of the absence or disability of forth measurable individual and organiza- transportation. the Deputy Secretary of Homeland Security, tional goals; and

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INDEPENDENT PASSPORT CARD TECH- major disaster in an area after the period whether the Deputy Secretary of Homeland NOLOGY EVALUATION. during which the Federal Emergency Man- Security for Management has made satisfac- (a) IN GENERAL.—Before issuing a final rule agement Agency will provide such assistance tory progress toward achieving the goals set to implement the passport card requirements in that area; and out in the performance agreement required described in section 7209(b)(1) of the Intel- (4) the terms ‘‘rural’’ and ‘‘rural area’’ under paragraph (4).’’. ligence Reform and Terrorism Prevention have the meanings given those terms in sec- (d) INCUMBENT.—The individual who serves Act of 2004 (8 U.S.C. 1185 note), the Secretary tion 343(a) of the Consolidated Farm and in the position of Under Secretary for Man- of State and the Secretary of Homeland Se- Rural Development Act (7 U.S.C. 1991(a)). agement of the Department of Homeland Se- curity, using funds appropriated by this Act, (b) STUDY.—The Administrator, in conjunc- curity on the date of enactment of this Act— shall jointly conduct an independent tech- tion with State and local governments, shall (1) may perform all the duties of the Dep- nology evaluation to test any card tech- conduct a study of the differences between uty Secretary of Homeland Security for nologies appropriate for secure and efficient the response to major disasters occurring in Management at the pleasure of the Presi- border crossing, including not fewer than 2 rural and urban areas, including— dent, until a Deputy Secretary of Homeland potential radio frequency card technologies, (1) identifying the differences in the re- Security for Management is appointed in ac- in a side by side trial to determine the most sponse mechanisms available for major dis- cordance with subsection (c) of section 701 of appropriate solution for any passport card in asters occurring in rural and urban areas; the Homeland Security Act of 2002 (6 U.S.C. the land and sea border crossing environ- (2) identifying barriers (including regula- 341), as added by this Act; and ment. tions) that limit the ability of the Adminis- (2) may be appointed Deputy Secretary of (b) EVALUATION CRITERIA.—The criteria to trator to respond to major disasters occur- Homeland Security for Management, if such be evaluated in the evaluation under sub- ring in rural areas, as compared with major appointment is otherwise in accordance with section (a) shall include— disasters occurring in urban areas; sections 103 and 701 of the Homeland Secu- (1) the security of the technology, includ- (3) evaluating the need to designate a spe- rity Act of 2002 (6 U.S.C. 113 and 341), as ing its resistance to tampering and fraud; cific official of the Federal Emergency Man- amended by this Act. (2) the efficiency of the use of the tech- agement Agency to act as a coordinator be- (e) REFERENCES.—References in any other nology under typical conditions at land and tween the Federal Emergency Management Federal law, Executive order, rule, regula- sea ports of entry; Agency and the next appropriate Federal tion, or delegation of authority, or any docu- (3) ease of use by card holders; agency; ment of or relating to the Under Secretary (4) reliability; (4) assessing the feasibility of providing for Management of the Department of Home- (5) privacy protection for card holders; and partial reimbursement to individuals who land Security shall be deemed to refer to the (6) cost. provide assistance, without compensation, in Deputy Secretary of Homeland Security for (c) SELECTION.—The Secretary of State and recovering from the effects of a major dis- Management. the Secretary of Homeland Security shall aster for costs to such individuals relating to (f) TECHNICAL AND CONFORMING AMEND- jointly select the most appropriate tech- such assistance; and MENTS.— nology for the passport card based on the (5) evaluating ways to improve consulta- (1) OTHER REFERENCE.—Section 702(a) of performance observed in the evaluation tion with State and local governments to the Homeland Security Act of 2002 (6 U.S.C. under subsection (a). identify and resolve any problems in coordi- 342(a)) is amended by striking ‘‘Under Sec- nating efforts to respond to major disasters retary for Management’’ and inserting ‘‘Dep- SA 2417. Mr. SALAZAR submitted an occurring in rural areas. uty Secretary of Homeland Security for amendment intended to be proposed to (c) REPORT.—Not later than 6 months after Management’’. amendment SA 2383 proposed by Mr. the date of enactment of this Act, the Ad- (2) TABLE OF CONTENTS.—The table of con- ministrator shall submit to Congress a re- BYRD (for himself and Mr. COCHRAN) to tents in section 1(b) of the Homeland Secu- port regarding the study conducted under rity Act of 2002 (6 U.S.C. 101(b)) is amended the bill H.R. 2638, making appropria- subsection (b) that— by striking the item relating to section 701 tions for the Department of Homeland (1) details the results of that study; and inserting the following: Security for the fiscal year ending Sep- (2) provides a plan to address the dif- ‘‘Sec. 701. Deputy Secretary of Homeland tember 30, 2008, and for other purposes; ferences, if any, in the response to major dis- Security for Management.’’. which was ordered to lie on the table; asters occurring in rural and urban areas; (3) EXECUTIVE SCHEDULE.—Section 5313 of as follows: and (3) incorporates a description of best man- title 5, United States Code, is amended by in- On page 69, after line 24, add the following: agement practices to ensure that the Federal serting after the item relating to the Deputy SEC. 536. ADDITIONAL ASSISTANCE FOR PREP- Emergency Management Agency incor- Secretary of Homeland Security the fol- ARATION OF PLANS. lowing: Subparagraph (L) of section 33(b)(3) of the porates necessary programmatic and other ‘‘Deputy Secretary of Homeland Security Federal Fire Prevention and Control Act of improvements identified during the response for Management.’’. 1974 (15 U.S.C. 2229(b)(3)) is amended to read to a major disaster occurring in a rural area as follows: in responding to subsequent major disasters. SA 2415. Mr. GREGG proposed an ‘‘(L) To fund fire prevention programs, in- SA 2419. Mr. NELSON of Florida sub- amendment to amendment SA 2412 pro- cluding the development and implementa- posed by Mr. GRAHAM (for himself, Mr. tion of community wildfire protection plans mitted an amendment intended to be GREGG, Mr. SESSIONS, Mr. KYL, Mr. (as defined in section 101 of the Healthy For- proposed to amendment SA 2400 sub- CORNYN, Mr. MCCONNELL, Mr. DOMEN- ests Restoration Act of 2003 (16 U.S.C. mitted by Mr. VITTER (for himself, Mr. ICI, Mr. MCCAIN, Mr. SUNUNU, Mr. MAR- 6511)).’’. NELSON of Florida, and Ms. STABENOW) TINEZ, Mr. COLEMAN, and Mr. SPECTER) and intended to be proposed to the SA 2418. Mr. SALAZAR submitted an to the amendment SA 2383 proposed by amendment SA 2383 proposed by Mr. amendment intended to be proposed to Mr. BYRD (for himself and Mr. COCH- BYRD (for himself and Mr. COCHRAN) to amendment SA 2383 proposed by Mr. RAN) to the bill H.R. 2638, making ap- the bill H.R. 2638, making appropria- BYRD (for himself and Mr. COCHRAN) to propriations for the Department of tions for the Department of Homeland the bill H.R. 2638, making appropria- Homeland Security for the fiscal year Security for the fiscal year ending Sep- tions for the Department of Homeland ending September 30, 2008, and for tember 30, 2008, and for other purposes; Security for the fiscal year ending Sep- other purposes; as follows: which was ordered to lie on the table; tember 30, 2008, and for other purposes; as follows: At the end of the amendment, add the fol- as follows: lowing: Beginning on page 1, strike all after ‘‘Sec. This division shall become effective one On page 69, after line 24, add the following: 536.’’ and insert the following: day after the date of enactment. SEC. 536. REPORT REGARDING MAJOR DISAS- None of the funds made available in this Act TERS IN RURAL AND URBAN AREAS. for fiscal year 2008 for U.S. Customs and Bor- SA 2416. Mr. SCHUMER submitted an (a) DEFINITIONS.—In this section— der Protection may be used to prevent an in- amendment intended to be proposed to (1) the term ‘‘Administrator’’ means the dividual from importing a prescription drug amendment SA 2383 proposed by Mr. Administrator of the Federal Emergency from Canada if— BYRD (for himself and Mr. COCHRAN) to Management Agency; (1) such individual— the bill H.R. 2638, making appropria- (2) the term ‘‘major disaster’’ has the (A) is not in the business of importing a meaning give that term in section 102 of the prescription drug (within the meaning of sec- tions for the Department of Homeland Robert T. Stafford Disaster Relief and Emer- tion 801(g) of the Federal Food, Drug, and Security for the fiscal year ending Sep- gency Assistance Act (42 U.S.C. 5122); Cosmetic Act (21 U.S.C. 381(g))); tember 30, 2008, and for other purposes; (3) the term ‘‘next appropriate Federal (B) imports such drug by transporting it on as follows: agency’’ means the department or agency of their person; and

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9963 (C) while importing such drug, only trans- number of such employees as of the end of subsection (c) in the order of priority as- ports a personal-use quantity of such drug the preceding fiscal year; and signed to each project under subsection that does not exceed a 90-day supply; and (B) increase the number of full-time offi- (c)(3); or (2) such drug— cers, agricultural specialists, and associated (2) forward the prioritized list of infra- (A) complies with sections 501, 502, and 505 support staff in United States Customs and structure and technology improvement of the Federal Food, Drug, and Cosmetic Act Border Protection by the equivalent of at projects to the Administrator of General (21 U.S.C. 351, 352, and 355); and least 200 more than the number of such em- Services for implementation in the order of (B) is not— ployees as of the end of the preceding fiscal priority assigned to each project under sub- (i) a controlled substance, as defined in year. section (c)(3). section 102 of the Controlled Substances Act (2) WAIVER OF FTE LIMITATION.—The Sec- (e) DIVERGENCE FROM PRIORITIES.—The (21 U.S.C. 802); or retary is authorized to waive any limitation Commissioner may diverge from the priority (ii) a biological product, as defined in sec- on the number of full-time equivalent per- order if the Commissioner determines that tion 351 of the Public Health Service Act (42 sonnel assigned to the Department of Home- significantly changed circumstances, includ- U.S.C. 262). land Security to fulfill the requirements of ing immediate security needs, changes in in- paragraph (1). frastructure in Mexico or Canada, or similar SA 2420. Ms. COLLINS (for herself (b) TRAINING.—The Secretary, acting concerns, compellingly alter the need for a and Mr. GRASSLEY) submitted an through the Assistant Secretary for United project in the United States. amendment intended to be proposed to States Immigration and Customs Enforce- SEC. 605. NATIONAL LAND BORDER SECURITY amendment SA 2383 proposed by Mr. ment and the Commissioner, shall provide PLAN. appropriate training for agents, officers, ag- (a) REQUIREMENT FOR PLAN.—Not later BYRD (for himself and Mr. COCHRAN) to ricultural specialists, and associated support the bill H.R. 2638, making appropria- than January 31 of each year, the Secretary, staff of the Department of Homeland Secu- acting through the Commissioner, shall pre- tions for the Department of Homeland rity on an ongoing basis to utilize new tech- pare a National Land Border Security Plan Security for the fiscal year ending Sep- nologies and to ensure that the proficiency and submit such plan to Congress. tember 30, 2008, and for other purposes; levels of such personnel are acceptable to (b) CONSULTATION.—In preparing the plan which was ordered to lie on the table; protect the borders of the United States. required under subsection (a), the Commis- as follows: SEC. 604. PORT OF ENTRY INFRASTRUCTURE AS- sioner shall consult with other appropriate SESSMENT STUDY. On page 46, line 21, strike the period and Federal agencies, State, and local law en- (a) REQUIREMENT TO UPDATE.—Not later forcement agencies, and private entities that insert the following: ‘‘: Provided further, That than January 31 of each year, the Commis- of the total, $5,000,000 shall not be available are involved in international trade across sioner, in consultation with the Adminis- the northern or southern border. until the Director of the United States Citi- trator of General Services shall— (c) VULNERABILITY ASSESSMENT.— zenship and Immigration Services submits to (1) review— Congress the fraud risk assessment related (1) IN GENERAL.—The plan required under (A) the Port of Entry Infrastructure As- subsection (a) shall include a vulnerability to the H-1B program that was started more sessment Study prepared by the United than a year ago.’’ assessment of each port of entry located on States Customs Service, the Immigration the northern border or the southern border. and Naturalization Service, and the General SA 2421. Mr. DOMENICI (for himself (2) PORT SECURITY COORDINATORS.—The Services Administration in accordance with Secretary, acting through the Commissioner, and Mr. DORGAN) submitted an amend- the matter relating to the ports of entry in- ment intended to be proposed to may establish 1 or more port security coordi- frastructure assessment set forth in the joint nators at each port of entry located on the amendment SA 2383 proposed by Mr. explanatory statement on page 67 of con- northern border or the southern border— BYRD (for himself and Mr. COCHRAN) to ference report 106–319, accompanying Public (A) to assist in conducting a vulnerability the bill H.R. 2638, making appropria- Law 106–58; and assessment at such port; and tions for the Department of Homeland (B) the nationwide strategy to prioritize (B) to provide other assistance with the Security for the fiscal year ending Sep- and address the infrastructure needs at the preparation of the plan required under sub- land ports of entry prepared by the Depart- section (a). tember 30, 2008, and for other purposes; ment of Homeland Security and the General which was ordered to lie on the table; Services Administration in accordance with SEC. 606. EXPANSION OF COMMERCE SECURITY PROGRAMS. as follows: the committee recommendations on page 22 (a) COMMERCE SECURITY PROGRAMS.— On page 69, after line 24, add the following: of Senate report 108–86, accompanying Public (1) IN GENERAL.—Not later than 180 days Law 108–90; TITLE VI—BORDER INFRASTRUCTURE after the date of the enactment of this Act, (2) update the assessment of the infrastruc- AND TECHNOLOGY MODERNIZATION the Commissioner, in consultation with the ture needs of all United States land ports of SEC. 601. SHORT TITLE. Secretary, shall develop a plan to expand the entry; and This title may be cited as the ‘‘Border In- size and scope, including personnel needs, of (3) submit an updated assessment of land frastructure and Technology Modernization the Customs-Trade Partnership Against Ter- port of entry infrastructure needs to Con- Act of 2007’’. rorism program or other voluntary programs gress. involving government entities and the pri- SEC. 602. DEFINITIONS. (b) CONSULTATION.—In preparing the up- In this title: dated studies required under subsection (a), vate sector to strengthen and improve the (1) COMMISSIONER.—The term ‘‘Commis- the Commissioner and the Administrator of overall security of the international supply sioner’’ means the Commissioner of United General Services shall consult with the Di- chain and security along the northern and States Customs and Border Protection of the rector of the Office of Management and southern border of the United States. Department of Homeland Security. Budget, the Secretary, and affected State (2) SOUTHERN BORDER DEMONSTRATION PRO- (2) MAQUILADORA.—The term and local agencies on the northern and GRAM.—Not later than 180 days after the date ‘‘maquiladora’’ means an entity located in southern borders of the United States. of the enactment of this Act, the Commis- Mexico that assembles and produces goods (c) CONTENT.—Each updated study required sioner shall establish a demonstration pro- from imported parts for export to the United in subsection (a) shall— gram along the southern border for the pur- States. (1) identify port of entry infrastructure pose of implementing at least 1 voluntary (3) NORTHERN BORDER.—The term ‘‘north- and technology improvement projects that program involving government entities and ern border’’ means the international border would enhance border security and facilitate the private sector to strengthen and improve between the United States and Canada. the flow of legitimate commerce if imple- the overall security of the international sup- (4) SECRETARY.—The term ‘‘Secretary’’ mented; ply chain and security along the inter- means the Secretary of Homeland Security. (2) include the projects identified in the national borders of the United States. The (5) SOUTHERN BORDER.—The term ‘‘southern National Land Border Security Plan required program selected for the demonstration pro- border’’ means the international border be- by section 605; and gram shall have been successfully imple- tween the United States and Mexico. (3) prioritize the projects described in para- mented along the northern border as of the SEC. 603. HIRING AND TRAINING OF BORDER AND graphs (1) and (2) based on the ability of a date of the enactment of this Act. TRANSPORTATION SECURITY PER- project— (b) MAQUILADORA DEMONSTRATION PRO- SONNEL. (A) to enhance the ability of United States GRAM.—Not later than 180 days after the date (a) OFFICERS AND AGENTS.— Customs and Border Protection to achieve of the enactment of this Act, the Commis- (1) INCREASE IN OFFICERS AND AGENTS.— its mission and to support operations; sioner shall establish a demonstration pro- During each of fiscal years 2008 through 2012, (B) to fulfill security requirements; and gram to develop a cooperative trade security the Secretary shall— (C) facilitate trade across the borders of system to improve supply chain security (A) increase the number of full-time agents the United States. along the southern border. and associated support staff in United States (d) PROJECT IMPLEMENTATION.—The Com- SEC. 607. PORT OF ENTRY TECHNOLOGY DEM- Immigration and Customs Enforcement of missioner, as appropriate, shall— ONSTRATION PROGRAM. the Department of Homeland Security by the (1) implement the infrastructure and tech- (a) ESTABLISHMENT.—The Secretary, acting equivalent of at least 100 more than the nology improvement projects described in through the Commissioner, shall carry out a

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9964 CONGRESSIONAL RECORD — SENATE July 25, 2007 technology demonstration program to test (2) to carry out the provisions of section SA 2423. Mr. DOMENICI (for himself and evaluate new port of entry technologies, 604— and Mr. BINGAMAN) submitted an refine port of entry technologies and oper- (A) to carry out subsection (a) of such sec- amendment intended to be proposed by ational concepts, and train personnel under tion, such sums as may be necessary for the him to the bill H.R. 2638, making ap- realistic conditions. fiscal years 2008 through 2012; and (b) TECHNOLOGY AND FACILITIES.— (B) to carry out subsection (d) of such sec- propriations for the Department of (1) TECHNOLOGY TESTED.—Under the dem- tion— Homeland Security for the fiscal year onstration program, the Commissioner shall (i) $100,000,000 for each of the fiscal years ending September 30, 2008, and for test technologies that enhance port of entry 2008 through 2012; and other purposes; which was ordered to operations, including those related to inspec- (ii) such sums as may be necessary in any lie on the table; as follows: tions, communications, port tracking, iden- succeeding fiscal year; At the appropriate place, insert the fol- tification of persons and cargo, sensory de- (3) to carry out the provisions of section lowing: vices, personal detection, decision support, 606— and the detection and identification of weap- SEC. ll. TRAVEL PRIVILEGES FOR CERTAIN (A) to carry out subsection (a) of such sec- TEMPORARY VISITORS FROM MEX- ons of mass destruction. tion— ICO. (2) FACILITIES DEVELOPED.—At a dem- (i) $30,000,000 for fiscal year 2008, of which (a) SHORT TITLE.—This section may be onstration site selected pursuant to sub- $5,000,000 shall be made available to fund the cited as the ‘‘Laser Visa Extension Act of section (c)(3), the Commissioner shall de- demonstration project established in para- 2007’’. velop facilities to provide appropriate train- graph (2) of such subsection; and (b) IN GENERAL.—Except as provided under ing to law enforcement personnel who have (ii) such sums as may be necessary for the subsection (c), the Secretary of Homeland responsibility for border security, including fiscal years 2009 through 2012; and Security shall permit a national of Mexico cross-training among agencies, advanced law (B) to carry out subsection (b) of such sec- to travel up to 100 miles from the inter- enforcement training, and equipment ori- tion— national border between Mexico and Mexico entation. (i) $5,000,000 for fiscal year 2008; and if such national— (c) DEMONSTRATION SITES.— (ii) such sums as may be necessary for the (1) possesses a valid machine-readable bio- (1) NUMBER.—The Commissioner shall fiscal years 2009 through 2012; and metric border crossing identification card carry out the demonstration program at not (4) to carry out the provisions of section issued by a consular officer of the Depart- less than 3 sites and not more than 5 sites. 607, provided that not more than $10,000,000 ment of State; (2) LOCATION.—Of the sites selected under may be expended for technology demonstra- (2) enters New Mexico through a port of subsection (c)— tion program activities at any 1 port of entry where such card is processed using a (A) at least 1 shall be located on the north- entry demonstration site in any fiscal year— machine reader; ern border of the United States; and (A) $50,000,000 for fiscal year 2008; and (3) has successfully completed any back- (B) at least 1 shall be located on the south- (B) such sums as may be necessary for each ground check required by the Secretary for ern border of the United States. of the fiscal years 2009 through 2012. such travel; and (3) SELECTION CRITERIA.—To ensure that at (b) INTERNATIONAL AGREEMENTS.—Funds (4) is admitted into the United States as a least 1 of the facilities selected as a port of authorized to be appropriated under this nonimmigrant under section 101(a)(15)(B) of entry demonstration site for the demonstra- title may be used for the implementation of the Immigration and Nationality Act (8 tion program has the most up-to-date design, projects described in the Declaration on Em- U.S.C. 1101(a)(15)(B)). contains sufficient space to conduct the bracing Technology and Cooperation to Pro- (c) EXCEPTION.—On a case-by-case basis, demonstration program, has a traffic volume mote the Secure and Efficient Flow of Peo- the Secretary of Homeland Security may low enough to easily incorporate new tech- ple and Commerce across our Shared Border limit the travel of a national of Mexico who nologies without interrupting normal proc- between the United States and Mexico, meets the requirements of paragraphs (1) essing activity, and can efficiently carry out agreed to March 22, 2002, Monterrey, Mexico through (4) of subsection (a) to a distance of demonstration and port of entry operations, (commonly known as the Border Partnership less than 100 miles from the international at least 1 port of entry selected as a dem- Action Plan) or the Smart Border Declara- border between Mexico and New Mexico if onstration site shall— tion between the United States and Canada, the Secretary determines that the national— (A) have been established not more than 15 agreed to December 12, 2001, Ottawa, Canada (1) was previously admitted into the years before the date of the enactment of that are consistent with the provisions of United States as a nonimmigrant; and this Act; this title. (2) violated the terms and conditions of the (B) consist of not less than 65 acres, with national’s nonimmigrant status. the possibility of expansion onto not less SA 2422. Mr. DOMENICI submitted an than 25 adjacent acres; and amendment intended to be proposed by SA 2424. Mr. DOMENICI submitted an (C) have serviced an average of not more amendment intended to be proposed by than 50,000 vehicles per month during the 12 him to the bill H.R. 2638, making ap- months preceding the date of the enactment propriations for the Department of him to the bill H.R. 2638, making ap- of this Act. Homeland Security for the fiscal year propriations for the Department of (d) RELATIONSHIP WITH OTHER AGENCIES.— ending September 30, 2008, and for Homeland Security for the fiscal year The Secretary, acting through the Commis- other purposes; which was ordered to ending September 30, 2008, and for sioner, shall permit personnel from appro- lie on the table; as follows: other purposes; which was ordered to priate Federal and State agencies to utilize a lie on the table; as follows: demonstration site described in subsection At the appropriate place, insert the fol- (c) to test technologies that enhance port of lowing: At the appropriate place, insert the fol- entry operations, including those related to SEC. ll. STUDY OF RADIO COMMUNICATIONS lowing: inspections, communications, port tracking, ALONG THE INTERNATIONAL BOR- SEC. ll. COOPERATION WITH THE GOVERN- identification of persons and cargo, sensory DERS OF THE UNITED STATES. MENT OF MEXICO. devices, personal detection, decision support, (a) IN GENERAL.—Not later than 180 days (a) COOPERATION REGARDING BORDER SECU- and the detection and identification of weap- after the date of the enactment of this Act, RITY.—The Secretary of State, in coopera- ons of mass destruction. the Secretary of Homeland Security shall tion with the Secretary and representatives (e) REPORT.— conduct a study to determine the areas along of Federal, State, and local law enforcement (1) REQUIREMENT.—Not later than 1 year the international borders of the United agencies that are involved in border security after the date of the enactment of this Act, States where Federal and State law enforce- and immigration enforcement efforts, shall and annually thereafter, the Secretary shall ment officers are unable to achieve radio work with the appropriate officials from the submit to Congress a report on the activities communication or where radio communica- Government of Mexico to improve coordina- carried out at each demonstration site under tion is inadequate. tion between the United States and Mexico the technology demonstration program es- (b) DEVELOPMENT OF PLAN.— regarding— tablished under this section. (1) IN GENERAL.—Upon the conclusion of (1) improved border security along the (2) CONTENT.—The report shall include an the study described in subsection (a), the international border between the United assessment by the Commissioner of the feasi- Secretary shall develop a plan for enhancing States and Mexico; bility of incorporating any demonstrated radio communication capability along the (2) the reduction of human trafficking and technology for use throughout United States international borders of the United States. smuggling between the United States and Customs and Border Protection. (2) CONTENTS.—The plan developed under Mexico; SEC. 608. AUTHORIZATION OF APPROPRIATIONS. paragraph (1) shall include— (3) the reduction of drug trafficking and (a) IN GENERAL.—In addition to any funds (A) an estimate of the costs required to im- smuggling between the United States and otherwise available, there are authorized to plement the plan; and Mexico; be appropriated— (B) a description of the ways in which Fed- (4) the reduction of gang membership in (1) to carry out the provisions of section eral, State, and local law enforcement offi- the United States and Mexico; 603, such sums as may be necessary for the cers could benefit from the implementation (5) the reduction of violence against fiscal years 2008 through 2012; of the plan. women in the United States and Mexico; and

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9965 (6) the reduction of other violence and quantity, would have a high likelihood of ‘‘(D) direct interference with, or hindrance criminal activity. causing casualties and economic damage if of, any agent or officer of the Federal Gov- (b) COOPERATION REGARDING EDUCATION ON released or otherwise targeted by terrorists ernment who is authorized to enforce the im- IMMIGRATION LAWS.—The Secretary of State, (referred to in this section as an ‘‘extremely migration laws of the United States during— in cooperation with other appropriate Fed- hazardous material’’), including— ‘‘(i) a patrol of such landowner’s land; or eral officials, shall work with the appro- (I) any substance included in table 1 or 2 ‘‘(ii) any action taken to apprehend or de- priate officials from the Government of Mex- contained in section 68.130 of title 40, Code of tain any alien attempting to enter the ico to carry out activities to educate citizens Federal Regulations (or a successor regula- United States illegally or evade execution of and nationals of Mexico regarding eligibility tion), published in accordance with section an arrest warrant for a violation of any im- for status as a nonimmigrant under Federal 112(r)(3) of the Clean Air Act (42 U.S.C. migration law. law to ensure that the citizens and nationals 7412(r)(3)); and ‘‘(4) SAVINGS PROVISION.—Nothing in this are not exploited while working in the (II) any other substances, as determined by subsection may be construed to affect any United States. the Secretary; and right or remedy available pursuant to the (c) COOPERATION REGARDING CIRCULAR MI- (ii) agrees to use funds from the grant to Federal Tort Claims Act.’’. GRATION.—The Secretary of State, in co- transition to the use of a technology, prod- operation with the Secretary of Labor and uct, raw material, or practice, the use of SA 2428. Mr. CORNYN submitted an other appropriate Federal officials, shall which, as compared to a currently-used tech- amendment intended to be proposed by work with the appropriate officials from the nology, product, raw material, or practice, him to the bill H.R. 2638, making ap- Government of Mexico to improve coordina- reduces or eliminates— propriations for the Department of tion between the United States and Mexico (I) the possibility of release of an ex- Homeland Security for the fiscal year to encourage circular migration, including tremely hazardous material; and assisting in the development of economic op- (II) the hazards to public health associated ending September 30, 2008, and for portunities and providing job training for with such a release: other purposes; which was ordered to citizens and nationals in Mexico. lie on the table; as follows: (d) ANNUAL REPORT.—Not later than 180 SA 2427. Mr. CORNYN submitted an At the appropriate place, insert the fol- days after the date of the enactment of this amendment intended to be proposed by lowing: Act, and annually thereafter, the Secretary him to the bill H.R. 2638, making ap- SEC. ll. EMPLOYMENT-BASED VISAS. of State shall submit a report to Congress (a) RECAPTURE OF UNUSED EMPLOYMENT- describing the actions taken by the United propriations for the Department of BASED IMMIGRANT VISAS.—Section 106(d) of States and Mexico pursuant to this section. Homeland Security for the fiscal year ending September 30, 2008, and for the American Competitiveness in the Twen- ty-first Century Act of 2000 (Public Law 106– Mrs. MCCASKILL submitted other purposes; which was ordered to SA 2425. 313; 8 U.S.C. 1153 note) is amended— an amendment intended to be proposed lie on the table; as follows: (1) in paragraph (1)— to amendment SA 2383 proposed by Mr. At the appropriate place, insert the fol- (A) by inserting ‘‘1994, 1996, 1997, 1998,’’ BYRD (for himself and Mr. COCHRAN) to lowing: after ‘‘available in fiscal year’’; the bill H.R. 2638, making appropria- SEC. ll. LIMITATION ON LANDOWNER’S LIABIL- (B) by striking ‘‘or 2004’’ and inserting tions for the Department of Homeland ITY. ‘‘2004, or 2006’’; and Security for the fiscal year ending Sep- Section 287 of the Immigration and Nation- (C) by striking ‘‘be available’’ and all that tember 30, 2008, and for other purposes; ality Act (8 U.S.C. 1357) is amended by add- follows and inserting the following: ‘‘be ing at the end the following: as follows: available only to— ‘‘(i) INDEMNITY FOR ACTIONS OF LAW EN- ‘‘(A) employment-based immigrants under On page 69, after line 24, add the following: FORCEMENT OFFICERS.— paragraphs (1), (2), and (3) of section 203(b) of SEC. 536. REPORTING OF WASTE, FRAUD, AND ‘‘(1) IN GENERAL.—Notwithstanding any the Immigration and Nationality Act (8 ABUSE. other provision of law and subject to appro- U.S.C. 1153(b)); Not later than 30 days after the date of en- priations, an owner of land located within ‘‘(B) the family members accompanying or actment of this Act— 100 miles of the international land border of following to join such employment-based im- (1) the Secretary of Homeland Security the United States may seek reimbursement migrants under section 203(d) of such Act; shall establish and maintain on the home- from the Department of Homeland Security and page of the website of the Department of for any adverse final tort judgment for neg- ‘‘(C) those immigrant workers who had pe- Homeland Security, a direct link to the ligence (excluding attorneys’ fees and costs) titions approved based on Schedule A, Group website of the Office of Inspector General of authorized under the Federal or State tort I under section 656.5 of title 20, Code of Fed- the Department of Homeland Security; and law, arising directly from such border secu- eral Regulations, as promulgated by the Sec- (2) the Inspector General of the Depart- rity activity if— retary of Labor.’’; and ment of Homeland Security shall establish ‘‘(A) such owner has been found negligent (2) in paragraph (2)— and maintain on the homepage of the by a Federal or State court in any tort liti- (A) in subparagraph (A), by striking ‘‘1999 website of the Office of Inspector General a gation; through 2004’’ and inserting ‘‘1994, 1996 direct link for individuals to anonymously ‘‘(B) such owner has not already been reim- through 1998, 2001 through 2004, and 2006’’; report waste, fraud, or abuse. bursed for the final tort judgment, including and outstanding attorney’s fees and costs; (B) in subparagraph (B), by amending SA 2426. Mr. BIDEN submitted an ‘‘(C) such owner did not have or does not clause (ii) to read as follows: amendment intended to be proposed to have sufficient property insurance to cover ‘‘(ii) DISTRIBUTION OF VISAS.—The total amendment SA 2383 proposed by Mr. the judgment and have had an insurance number of visas made available under para- BYRD (for himself and Mr. COCHRAN) to claim for such coverage denied; and graph (1) from unused visas from fiscal years the bill H.R. 2638, making appropria- ‘‘(D) such tort action was brought as a di- 1994, 1996 through 1998, 2001 through 2004, and tions for the Department of Homeland rect result of activity of law enforcement of- 2006 shall be distributed as follows: Security for the fiscal year ending Sep- ficers of the Department of Homeland Secu- ‘‘(I) The total number of visas made avail- rity, acting in their official capacity, on the able for immigrant workers who had peti- tember 30, 2008, and for other purposes; owner’s land. tions approved based on Schedule A, Group I which was ordered to lie on the table; ‘‘(2) DEFINITIONS.—In this subsection— under section 656.5 of title 20, Code of Fed- as follows: ‘‘(A) the term ‘land’ includes roads, water, eral Regulations, as promulgated by the Sec- On page 35, line 20, strike ‘‘$3,030,500,000’’ watercourses, and private ways, and build- retary of Labor shall be 61,000. and insert ‘‘$3,080,500,000’’. ings, structures, machinery and equipment ‘‘(II) The visas remaining from the total On page 36, line 22, strike ‘‘$1,836,000,000’’ that is attached to real property; and made available under subclause (I) shall be and insert ‘‘$1,886,000,000’’. ‘‘(B) the term ‘owner’ includes the pos- allocated to employment-based immigrants On page 38, line 8, strike ‘‘and’’. sessor of a fee interest, a tenant, lessee, oc- with approved petitions under paragraph (1), On page 38, strike lines 9 and 10 and insert cupant, the possessor of any other interest in (2), or (3) of section 203(b) of the Immigration the following: land, or any person having a right to grant and Nationality Act (and their family mem- (J) $15,000,000 shall be for Citizens Corps; permission to use the land. bers accompanying or following to join).’’. and ‘‘(3) EXCEPTIONS.—Nothing in this sub- (b) H–1B VISA AVAILABILITY.—Section (K) $50,000,000 shall be used to provide section may be construed to limit landowner 214(g)(1)(A) of the Immigration and Nation- grants, after consultation with the Adminis- liability which would otherwise exist for— ality Act (8 U.S.C. 1184(g)(1)(A)) is amended— trator of the Environmental Protection ‘‘(A) willful or malicious failure to guard (1) in clause (vi), by striking ‘‘and’’ at the Agency, to any treatment works or public or warn against a known dangerous condi- end; water system that— tion, use, structure, or activity likely to (2) by redesignating clause (vii) as clause (i) as of the date of enactment of this Act, cause harm; (ix); and uses any chemical, toxin, or other substance ‘‘(B) maintaining an attractive nuisance; (3) by inserting after clause (vi) the fol- that, if transported, or stored in a sufficient ‘‘(C) gross negligence; or lowing:

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9966 CONGRESSIONAL RECORD — SENATE July 25, 2007 ‘‘(vii) 65,000 in each of fiscal years 2004 Security for the fiscal year ending Sep- Congress a report on the construction of through 2007; tember 30, 2008, and for other purposes; physical barriers on the southwest border of ‘‘(viii) 115,000 in fiscal year 2008; and’’. as follows: the United States that details the type of land (such as Federal, State, tribal, or pri- SA 2429. Mr. CORNYN submitted an At the appropriate place, insert the fol- vate land) in which the Department shall amendment intended to be proposed by lowing: seek to acquire interests, via contract or him to the bill H.R. 2638, making ap- SEC. llll. PLAN FOR THE CONTROL AND MAN- purchase, to construct a fence along the bor- AGEMENT OF ARUNDO DONAX. propriations for the Department of der or at any other location determined by (a) DEFINITIONS.—In this section: the Department to be necessary to exercise Homeland Security for the fiscal year (1) ARUNDO DONAX.—The term ‘‘Arundo ending September 30, 2008, and for the power of eminent domain and condemn donax’’ means a tall perennial reed com- property for such construction: Provided, other purposes; which was ordered to monly known as ‘‘Carrizo cane’’, ‘‘Spanish That the report shall include the actual loca- lie on the table; as follows: cane’’, ‘‘wild cane’’, and ‘‘giant cane’’. tions of the land (as demonstrated by geo- At the appropriate place, insert the fol- (2) PLAN.—The term ‘‘plan’’ means the plan logical and topological maps), the identity lowing: for the control and management of Arundo and addresses of private landowners who SEC. ll. PERIODS OF ADMISSION. donax developed under subsection (b). may be affected by action carried out under IVER (a) SHORT TITLE.—This section may be (3) R .—The term ‘‘River’’ means the this section, and steps the Department has cited as the ‘‘Secure Border Crossing Card Rio Grande River. taken or intends to take to consult with af- Entry Act of 2007’’. (4) SECRETARY.—The term ‘‘Secretary’’ fected parties, and, if condemnation is re- (b) PERIODS OF ADMISSION.—Section means the Secretary of Homeland Security. quired, to compensate landowners for the 214(a)(2) of the Immigration and Nationality (b) DEVELOPMENT OF PLAN.— property: Provided further, That the report Act (8 U.S.C. 1184(a)(2)) is amended by adding (1) IN GENERAL.—The Secretary shall de- shall contain detailed timelines for construc- at the end the following: velop a plan for the control and management tion of the fence (including monthly and ‘‘(C)(i) Except as provided under clauses of Arundo donax along the portion of the quarterly timelines), the environmental as- (ii) and (iii), the initial period of admission River that serves as the international border sessment of the impact of the construction, to the United States of an alien who pos- between the United States and Mexico. and a description of the ways in which the sesses a valid machine-readable biometric (2) COMPONENTS.—In developing the plan, Department intends to coordinate the con- border crossing identification card issued by the Secretary shall address— struction with the Corps of Engineers. a consular officer, has successfully com- (A) information derived by the Secretary pleted required background checks, and is of Agriculture and the Secretary of the Inte- SA 2432. Mr. CORNYN submitted an admitted to the United States as a non- rior from ongoing efforts to identify the amendment intended to be proposed by immigrant under section 101(a)(15)(B) at a most effective biological, mechanical, and him to the bill H.R. 2638, making ap- port of entry at which such card is processed chemical means of controlling and managing Arundo donax; propriations for the Department of through a machine reader, shall not be short Homeland Security for the fiscal year than the initial period of admission granted (B) past and current efforts to under- to any other alien admitted to the United stand— ending Septembr 30, 2008, and for other States under section 101(a)(15)(B). (i) the ecological damages caused by purposes; which was ordered to lie on ‘‘(ii) The Secretary of Homeland Security Arundo donax; and the table; as follows: may prescribe, by regulation, the length of (ii) the dangers Arundo donax poses to Fed- At the end of the amendment, add the fol- the initial period of admission described in eral and local law enforcement; lowing: clause (i), which period shall be— (C) any international agreements and trea- SEC. ll. Amounts authorized to be appro- ‘‘(I) a minimum of 6 months; or ties that need to be completed to allow for priated in the Border Law Enforcement Re- ‘‘(II) the length of time provided for under the control and management of Arundo lief Act of 2007 are increased by $50,000,000 for clause (iii) donax on both sides of the River; each of the fiscal years 2008 through 2012. ‘‘(iii) The Secretary may, on a case-by-case (D) the long-term efforts that the Sec- basis, provide for a period of admission that retary considers to be necessary to control SA 2433. Mr. BINGAMAN submitted is shorter or longer than the initial period and manage Arundo donax, including the an amendment intended to be proposed described in clause (ii)(I) if the Secretary cost estimates for the implementation of the to amendment SA 2383 proposed by Mr. efforts; and finds good cause for such action. BYRD (for himself and Mr. COCHRAN) to ‘‘(iv) An alien who possesses a valid ma- (E) whether a waiver of applicable Federal chine-readable biometric border crossing environmental laws (including regulations) the bill H.R. 2638, making appropria- identification card may not be admitted to is necessary. tions for the Department of Homeland the United States for the period of admission (3) CONSULTATION.—The Secretary shall de- Security for the fiscal year ending specified under clause (i) or granted exten- velop the plan in consultation with the Sec- Septembr 30, 2008, and for other pur- sions of such period of admission if— retary of Agriculture, the Secretary of the poses; which was ordered to lie on the ‘‘(I) the alien previously violated the terms Interior, the Secretary of State, the Chief of table; as follows: and conditions of the alien’s nonimmigrant Engineers, and any other Federal and State On page 69, after line 24, add the following: agencies that have appropriate expertise re- status; SEC. 536. None of the funds made available ‘‘(II) the alien is inadmissible as a non- garding the control and management of in this Act for U.S. Customs and Border Pro- immigrant; or Arundo donax. tection may be used to prevent an individual ‘‘(III) the alien’s border crossing card has (c) REPORT.—Not later than 90 days after from importing a prescription drug from not been processed through a machine reader the date of enactment of this Act, the Sec- Canada or Mexico if— at the United States port of entry or land retary shall submit the plan to— (1) such individual— border at which the person seeks admission (1) the Committees on the Judiciary of the (A) is not in the business of importing a to the United States.’’. Senate and the House of Representatives; prescription drug (within the meaning of sec- (c) RULEMAKING.— and tion 801(g) of the Federal Food, Drug, and (1) IN GENERAL.—Not later than 90 days (2) the Committees on Appropriations of Cosmetic Act (21 U.S.C. 381(g))); after the date of the enactment of this Act, the Senate and the House of Representatives. (B) imports such drug by transporting it on the Secretary of Homeland Security shall their person; and promulgate regulations to carry out the SA 2431. Mr. CORNYN submitted an (C) while importing such drug, only trans- amendment made by subsection (b). amendment intended to be proposed to ports a personal-use quantity of such drug (2) WAIVER OF APA.—In promulgating regu- amendment SA 2383 proposed by Mr. that does not exceed a 90-day supply; and lations under paragraph (1), the Secretary BYRD (for himself and Mr. COCHRAN) to (2) such drug— may waive any provision of chapter 5 of title the bill H.R. 2638, making appropria- (A) complies with sections 501, 502, and 505 5, United States Code (commonly known as of the Federal Food, Drug, and Cosmetic Act the ‘‘Administrative Procedures Act’’) or tions for the Department of Homeland Security for the fiscal year ending (21 U.S.C. 351, 352, and 355); and any other law relating to rulemaking if the (B) is not— Secretary determines that compliance with Septembr 30, 2008, and for other pur- (i) a controlled substance, as defined in such provision would impede the timely im- poses; which was ordered to lie on the section 102 of the Controlled Substances Act plementation of this Act. table; as follows: (21 U.S.C. 802); or On page 69, after line 24, add the following: (ii) a biological product, as defined in sec- SA 2430. Mr. CORNYN submitted an tion 351 of the Public Health Service Act (42 amendment intended to be proposed to SEC. 5ll. DHS IMPLEMENTATION PLANS FOR BORDER FENCE CONSTRUCTION. U.S.C. 262). amendment SA 2383 proposed by Mr. Not later than 45 days after the date of en- BYRD (for himself and Mr. COCHRAN) to actment of this Act, the Department of SA 2434. Mr. BINGAMAN submitted the bill H.R. 2638, making appropria- Homeland Security (referred to in this sec- an amendment intended to be proposed tions for the Department of Homeland tion as the ‘‘Department’’) shall submit to to amendment SA 2400 proposed by Mr.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9967 VITTER (for himself, Mr. NELSON of to State, local, or tribal governments, to ‘‘(52) The term ‘unaccompanied refugee Florida, and Ms. STABENOW) and in- support closed circuit television and the pub- children’ means persons described in para- tended to be proposed to the amend- lic surveillance systems of the Department, graph (42) who— since fiscal year 2004. ‘‘(A) have not attained 18 years of age; and ment SA 2383 proposed by Mr. BYRD (b) CONSULTATION.—In preparing the strat- ‘‘(B) with respect to whom there are no (for himself and Mr. COCHRAN) to the egy and report required under subsection (a), parents or legal guardians available to pro- bill H.R. 2638, making appropriations the Secretary of Homeland Security shall vide care and physical custody.’’. for the Department of Homeland Secu- consult with the Attorney General, the Chief (c) RULE OF CONSTRUCTION.— rity for the fiscal year ending Sep- Privacy Officer of the Department of Home- (1) STATE COURTS ACTING IN LOCO tember 30, 2008, and for other purposes; land Security, and the Officer for Civil PARENTIS.—A department or agency of a which was ordered to lie on the table; Rights and Civil Liberties of the Department State, or an individual or entity appointed as follows: of Homeland Security. by a State court or a juvenile court located in the United States, acting in loco parentis, On page 1, line 5, insert ‘‘or Mexico’’ after SA 2436. Mrs. FEINSTEIN (for herself shall not be considered a legal guardian for ‘‘Canada’’. and Mr. HAGEL) submitted an amend- purposes of section 462 of the Homeland Se- ment intended to be proposed to curity Act of 2002 (6 U.S.C. 279) or this title. SA 2435. Mr. BINGAMAN submitted amendment SA 2383 proposed by Mr. (2) CLARIFICATION OF THE DEFINITION OF UN- an amendment intended to be proposed ACCOMPANIED ALIEN CHILD.—For the purposes to amendment SA 2383 proposed by Mr. BYRD (for himself and Mr. COCHRAN) to the bill H.R. 2638, making appropria- of section 462(g)(2) of the Homeland Security BYRD (for himself and Mr. COCHRAN) to tions for the Department of Homeland Act of 2002 (6 U.S.C. 279(g)(2)) and this title, the bill H.R. 2638, making appropria- a parent or legal guardian shall not be con- Security for the fiscal year ending Sep- tions for the Department of Homeland sidered to be available to provide care and tember 30, 2008, and for other purposes; Security for the fiscal year ending Sep- physical custody of an alien child unless which was ordered to lie on the table, tember 30, 2008, and for other purposes; such parent is in the physical presence of, as follows: which was ordered to lie on the table; and able to exercise parental responsibilities over, such child at the time of such child’s as follows: On page 69, after line 24, add the following: TITLE VI—PROTECTION OF apprehension and during the child’s deten- On page 69, after line 24, insert the fol- UNACCOMPANIED ALIEN CHILDREN tion. lowing: SEC. 601. SHORT TITLE. Subtitle A—Custody, Release, Family SEC. 536. NATIONAL STRATEGY ON CLOSED CIR- Reunification, and Detention CUIT TELEVISION SYSTEMS. This title may be cited as the ‘‘Unaccom- SEC. 611. PROCEDURES WHEN ENCOUNTERING (a) IN GENERAL.—Not later than 6 months panied Alien Child Protection Act of 2007’’. UNACCOMPANIED ALIEN CHILDREN. after the date of the enactment of this Act, SEC. 602. DEFINITIONS. (a) UNACCOMPANIED CHILDREN FOUND ALONG the Secretary of Homeland Security shall— (a) IN GENERAL.—In this title: THE UNITED STATES BORDER OR AT UNITED (1) develop a national strategy for the ef- (1) COMPETENT.—The term ‘‘competent’’, in STATES PORTS OF ENTRY.— fective and appropriate use of closed circuit reference to counsel, means an attorney, or a representative authorized to represent unac- (1) IN GENERAL.—Subject to paragraph (2), television to prevent and respond to acts of an immigration officer who finds an unac- terrorism, which shall include— companied alien children in immigration proceedings or matters, who— companied alien child described in paragraph (A) an assessment of how closed circuit tel- (2) at a land border or port of entry of the evision and other public surveillance sys- (A) complies with the duties set forth in this title; United States and determines that such tems can be used most effectively as part of child is inadmissible under the Immigration an overall terrorism preparedness, preven- (B) is— (i) properly qualified to handle matters in- and Nationality Act (8 U.S.C. 1101 et seq.) tion, and response program, and its appro- shall— priate role in such a program; volving unaccompanied alien children; or (ii) working under the auspices of a quali- (A) permit such child to withdraw the (B) a comprehensive examination of the child’s application for admission pursuant to advantages and limitations of closed circuit fied nonprofit organization that is experi- enced in handling such matters; and section 235(a)(4) of the Immigration and Na- television and, as appropriate, other public tionality Act (8 U.S.C. 1225(a)(4)); and surveillance technologies; (C) if an attorney— (i) is a member in good standing of the bar (B) return such child to the child’s country (C) best practices on camera use and data of nationality or country of last habitual storage; of the highest court of any State, possession, territory, Commonwealth, or the District of residence. (D) plans for coordination between the Columbia; and (2) SPECIAL RULE FOR CONTIGUOUS COUN- Federal Government and State and local (ii) is not under any order of any court sus- TRIES.— governments, and the private sector— pending, enjoining, restraining, disbarring, (A) IN GENERAL.—Any child who is a na- (i) in the development and use of closed or otherwise restricting the attorney in the tional or habitual resident of a country, circuit television systems; and practice of law. which is contiguous with the United States (ii) for Federal assistance and support for (2) DIRECTOR.—The term ‘‘Director’’ means and has an agreement in writing with the State and local utilization of such systems; the Director of the Office. United States that provides for the safe re- (E) plans for pilot programs or other means (3) OFFICE.—The term ‘‘Office’’ means the turn and orderly repatriation of unaccom- of determining the real-world efficacy and Office of Refugee Resettlement established panied alien children who are nationals or limitations of closed circuit televisions sys- by section 411 of the Immigration and Na- habitual residents of such country, shall be tems; tionality Act (8 U.S.C. 1521). treated in accordance with paragraph (1) if (F) an assessment of privacy and civil lib- (4) UNACCOMPANIED ALIEN CHILD.—The term the Secretary determines, on a case-by-case erties concerns raised by use of closed circuit ‘‘unaccompanied alien child’’ has the mean- basis, that— television and other public surveillance sys- ing given the term in 101(a)(51) of the Immi- (i) such child is a national or habitual resi- tems, and guidelines to address such con- gration and Nationality Act, as added by dent of a country described in this subpara- cerns; and subsection (b). graph; (G) an assessment of whether and how (5) VOLUNTARY AGENCY.—The term ‘‘vol- (ii) such child does not have a fear of re- closed circuit television systems and other untary agency’’ means a private, nonprofit turning to the child’s country of nationality public surveillance systems are effectively voluntary agency with expertise in meeting or country of last habitual residence owing utilized by other democratic countries in the cultural, developmental, or psycho- to a fear of persecution; combating terrorism; and logical needs of unaccompanied alien chil- (iii) the return of such child to the child’s (2) provide to the Committees on Homeland dren, as certified by the Director. country of nationality or country of last ha- Security and Governmental Affairs and the (b) AMENDMENTS TO THE IMMIGRATION AND bitual residence would not endanger the life Judiciary of the Senate and the Committees NATIONALITY ACT.—Section 101(a) of the Im- or safety of such child; and on Homeland Security and the Judiciary of migration and Nationality Act (8 U.S.C. (iv) the child is able to make an inde- the House of Representatives a report that 1101(a)) is amended by adding at the end the pendent decision to withdraw the child’s ap- includes— following: plication for admission due to age or other (A) the strategy required under paragraph ‘‘(51) The term ‘unaccompanied alien child’ lack of capacity. (1); means a child who— (B) RIGHT OF CONSULTATION.—Any child de- (B) the status and findings of any pilot pro- ‘‘(A) has no lawful immigration status in scribed in subparagraph (A) shall have the gram involving closed circuit televisions or the United States; right, and shall be informed of that right in other public surveillance systems conducted ‘‘(B) has not attained 18 years of age; and the child’s native language— by, in coordination with, or with the assist- ‘‘(C) with respect to whom— (i) to consult with a consular officer from ance of the Department of Homeland Secu- ‘‘(i) there is no parent or legal guardian in the child’s country of nationality or country rity up to the time of the report; and the United States; or of last habitual residence prior to repatri- (C) the annual amount of funds used by the ‘‘(ii) no parent or legal guardian in the ation; and Department of Homeland Security, either di- United States is available to provide care (ii) to consult, telephonically, with the Of- rectly by the Department or through grants and physical custody. fice.

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(3) RULE FOR APPREHENSIONS AT THE BOR- tody of the Office or the Department of Jus- (VI) verification of nature and extent of DER.—The custody of unaccompanied alien tice to the Department upon determining previous relationship; children not described in paragraph (2) who that the child is described in subparagraph (ii) with respect to a custodial entity, are apprehended at the border of the United (B) or (C) of paragraph (1). verification of such entity’s appropriate li- States or at a United States port of entry (C) PROMPTNESS OF TRANSFER.—If a child censure by the State, county, or other appli- shall be treated in accordance with sub- needs to be transferred under this paragraph, cable unit of government; and section (b). the sending office shall make prompt ar- (iii) such other information as the Director (b) CARE AND CUSTODY OF UNACCOMPANIED rangements to transfer such child and the re- determines appropriate. ALIEN CHILDREN FOUND IN THE INTERIOR OF ceiving office shall make prompt arrange- (B) HOME STUDY.— THE UNITED STATES.— ments to receive such child. (i) IN GENERAL.—The Director shall place a (1) ESTABLISHMENT OF JURISDICTION.— (c) AGE DETERMINATIONS.—If the age of an child with any custodian described in any of (A) IN GENERAL.—Except as otherwise pro- alien is in question and the resolution of subparagraphs (A) through (F) of paragraph vided under subparagraphs (B) and (C) and questions about the age of such alien would (1) unless the Director determines that a subsection (a), the care and custody of all affect the alien’s eligibility for treatment home study with respect to such custodian is unaccompanied alien children, including re- under section 462 of the Homeland Security necessary. sponsibility for their detention, where appro- Act of 2002 (6 U.S.C. 279) or this title, a deter- (ii) SPECIAL NEEDS CHILDREN.—A home priate, shall be under the jurisdiction of the mination of whether or not such alien meets study shall be conducted to determine if the Office. such age requirements shall be made in ac- custodian can properly meet the needs of— (B) EXCEPTION FOR CHILDREN WHO HAVE COM- cordance with section 615, unless otherwise (I) a special needs child with a disability MITTED CRIMES.—Notwithstanding subpara- specified in subsection (b)(2)(B). graph (A), the Department of Justice shall (d) ACCESS TO ALIEN.—The Secretary and (as defined in section 3 of the Americans retain or assume the custody and care of any the Attorney General shall permit the Office with Disabilities Act of 1990 (42 U.S.C. unaccompanied alien who is— to have reasonable access to aliens in the 12102(2)); or (i) in the custody of the Department of custody of the Secretary or the Attorney (II) a child who has been the object of Justice pending prosecution for a Federal General to ensure a prompt determination of physical or mental injury, sexual abuse, neg- crime other than a violation of the Immigra- the age of such alien, if necessary under sub- ligent treatment, or maltreatment under cir- tion and Nationality Act; or section (b)(2)(B). cumstances which indicate that the child’s (ii) serving a sentence pursuant to a con- SEC. 612. FAMILY REUNIFICATION FOR UNAC- health or welfare has been harmed or threat- viction for a Federal crime. COMPANIED ALIEN CHILDREN WITH ened. (C) EXCEPTION FOR CHILDREN WHO THREATEN RELATIVES IN THE UNITED STATES. (iii) FOLLOW-UP SERVICES.—The Director NATIONAL SECURITY.—Notwithstanding sub- (a) PLACEMENT OF RELEASED CHILDREN.— shall conduct follow-up services for at least paragraph (A), the Department shall retain (1) ORDER OF PREFERENCE.—Subject to the 90 days on custodians for whom a home study or assume the custody and care of an unac- discretion of the Director under paragraph was conducted under this subparagraph. companied alien child if the Secretary has (4), section 613(a)(2), and section 462(b)(2) of (C) CONTRACT AUTHORITY.—The Director substantial evidence, based on an individual- the Homeland Security Act of 2002 (6 U.S.C. may, by grant or contract, arrange for some ized determination, that such child could 279(b)(2)), an unaccompanied alien child in or all of the activities under this section to personally endanger the national security of the custody of the Office shall be promptly be carried out by— the United States. placed with 1 of the following individuals or (i) an agency of the State of the child’s (2) NOTIFICATION.— entities in the following order of preference: proposed residence; (A) IN GENERAL.—Each department or agen- (A) A parent who seeks to establish cus- (ii) an agency authorized by such State to cy of the Federal Government shall promptly tody under paragraph (3)(A). conduct such activities; or notify the Office upon— (B) A legal guardian who seeks to establish (iii) an appropriate voluntary or nonprofit (i) the apprehension of an unaccompanied custody under paragraph (3)(A). agency. alien child; (C) An adult relative. (D) DATABASE ACCESS.—In conducting suit- (ii) the discovery that an alien in the cus- (D) An individual or entity designated by ability assessments, the Director shall have tody of such department or agency is an un- the parent or legal guardian that is capable access to all relevant information in the ap- accompanied alien child; and willing to care for the well being of the propriate Federal, State, and local law en- (iii) any claim by an alien in the custody of child. forcement and immigration databases. such department or agency that such alien is (E) A State-licensed family foster home, (3) RIGHT OF PARENT OR LEGAL GUARDIAN TO younger than 18 years of age; or small group home, or juvenile shelter willing CUSTODY OF UNACCOMPANIED ALIEN CHILD.— (iv) any suspicion that an alien in the cus- to accept custody of the child. (A) PLACEMENT WITH PARENT OR LEGAL tody of such department or agency who has (F) A qualified adult or entity, as deter- GUARDIAN.—If an unaccompanied alien child claimed to be at least 18 years of age is actu- mined by the Director by regulation, seeking is placed with any person or entity other ally younger than 18 years of age. custody of the child if the Director deter- than a parent or legal guardian, and subse- (B) SPECIAL RULE.—The Director shall— mines that no other likely alternative to quent to that placement a parent or legal (i) make an age determination for an alien long-term detention exists and family reuni- guardian seeks to establish custody, the Di- described in clause (iii) or (iv) of subpara- fication does not appear to be a reasonable rector shall— graph (A) in accordance with section 615; and alternative. (i) assess the suitability of placing the (ii) take whatever other steps are nec- (2) SUITABILITY ASSESSMENT.— child with the parent or legal guardian; and essary to determine whether such alien is el- (A) GENERAL REQUIREMENTS.—Notwith- (ii) make a written determination regard- igible for treatment under section 462 of the standing paragraph (1), and subject to the re- ing the child’s placement within 30 days. Homeland Security Act of 2002 (6 U.S.C. 279) quirements of subparagraph (B), an unac- (B) RULE OF CONSTRUCTION.—Nothing in or under this title. companied alien child may not be placed this title shall be construed to— (3) TRANSFER OF UNACCOMPANIED ALIEN with a person or entity described in any of (i) supersede obligations under any treaty CHILDREN.— subparagraphs (A) through (F) of paragraph or other international agreement to which (A) TRANSFER TO THE OFFICE.—Any Federal (1) unless the Director provides written cer- the United States is a party, including— department or agency that has an unaccom- tification that the proposed custodian is ca- (I) the Convention on the Civil Aspects of panied alien child in its custody shall trans- pable of providing for the child’s physical International Child Abduction, done at The fer the custody of such child to the Office— and mental well-being, based on— Hague, October 25, 1980 (TIAS 11670); (i) not later than 72 hours after a deter- (i) with respect to an individual custo- (II) the Vienna Declaration and Program of mination is made that such child is an unac- dian— Action, adopted at Vienna, June 25, 1993; and companied alien, if the child is not described (I) verification of such individual’s iden- (III) the Declaration of the Rights of the in subparagraph (B) or (C) of paragraph (1); tity and employment; Child, adopted at New York, November 20, (ii) if the custody and care of the child has (II) a finding that such individual has not 1959; or been retained or assumed by the Attorney engaged in any activity that would indicate (ii) limit any right or remedy under such General under paragraph (1)(B) or by the De- a potential risk to the child, including the international agreement. partment under paragraph (1)(C), following a people and activities described in paragraph (4) PROTECTION FROM SMUGGLERS AND TRAF- determination that the child no longer meets (4)(A)(i); FICKERS.— the description set forth in such subpara- (III) a finding that such individual is not (A) POLICIES AND PROGRAMS.— graphs; or the subject of an open investigation by a (i) IN GENERAL.—The Director shall estab- (iii) if the child was previously released to State or local child protective services au- lish policies and programs to ensure that un- an individual or entity described in section thority due to suspected child abuse or ne- accompanied alien children are protected 612(a)(1), upon a determination by the Direc- glect; from smugglers, traffickers, or other persons tor that such individual or entity is no (IV) verification that such individual has a seeking to victimize or otherwise engage longer able to care for the child. plan for the provision of care for the child; such children in criminal, harmful, or ex- (B) TRANSFER TO THE DEPARTMENT.—The (V) verification of familial relationship of ploitative activity. Director shall transfer the care and custody such individual, if any relationship is (ii) WITNESS PROTECTION PROGRAMS IN- of an unaccompanied alien child in the cus- claimed; and CLUDED.—Programs established pursuant to

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clause (i) may include witness protection (D) Residential treatment center. (1) IN GENERAL.—Not later than 18 months programs. (E) Secure detention. after the date of the enactment of this Act, (B) CRIMINAL INVESTIGATIONS AND PROSECU- (2) PROHIBITION OF DETENTION IN CERTAIN and annually thereafter, the Secretary shall TIONS.—Any officer or employee of the Office FACILITIES.—Except as provided under para- submit a report to the Committee on the Ju- or of the Department, and any grantee or graph (3), an unaccompanied alien child shall diciary of the Senate and the Committee on contractor of the Office or of the Depart- not be placed in an adult detention facility the Judiciary of the House of Representa- ment, who suspects any individual of in- or a facility housing delinquent children. tives on efforts to repatriate unaccompanied volvement in any activity described in sub- (3) DETENTION IN APPROPRIATE FACILITIES.— alien children. paragraph (A) shall report such individual to An unaccompanied alien child who has ex- (2) CONTENTS.—The report submitted under Federal or State prosecutors for criminal in- hibited violent or criminal behavior that en- paragraph (1) shall include— vestigation and prosecution. dangers others may be detained in conditions (A) the number of unaccompanied alien (C) DISCIPLINARY ACTION.—Any officer or appropriate to such behavior in a facility ap- children ordered removed and the number of employee of the Office or the Department, propriate for delinquent children. such children actually removed from the and any grantee or contractor of the Office, (4) STATE LICENSURE.—A child shall not be United States; who believes that a competent attorney or placed with an entity described in section (B) a description of the type of immigra- representative has been a participant in any 612(a)(1)(E), unless the entity is licensed by tion relief sought and denied to such chil- activity described in subparagraph (A), shall an appropriate State agency to provide resi- dren; report the attorney to the State bar associa- dential, group, child welfare, or foster care (C) a statement of the nationalities, ages, tion of which the attorney is a member, or to services for dependent children. and gender of such children; other appropriate disciplinary authorities, (5) CONDITIONS OF DETENTION.— (D) a description of the procedures used to for appropriate disciplinary action, including (A) IN GENERAL.—The Director and the Sec- effect the removal of such children from the private or public admonition or censure, sus- retary shall promulgate regulations incor- United States; pension, or disbarment of the attorney from porating standards for conditions of deten- (E) a description of steps taken to ensure the practice of law. tion in placements described in paragraph (1) that such children were safely and humanely (5) GRANTS AND CONTRACTS.—The Director that provide for— repatriated to their country of origin; and may award grants to, and enter into con- (i) educational services appropriate to the (F) any information gathered in assess- tracts with, voluntary agencies to carry out child; ments of country and local conditions pursu- this section or section 462 of the Homeland (ii) medical care; ant to subsection (a)(2). Security Act of 2002 (6 U.S.C. 279). (iii) mental health care, including treat- SEC. 615. ESTABLISHING THE AGE OF AN UNAC- (b) CONFIDENTIALITY.— ment of trauma, physical and sexual vio- COMPANIED ALIEN CHILD. (1) IN GENERAL.—All information obtained lence, and abuse; (a) PROCEDURES.— by the Office relating to the immigration (iv) access to telephones; (1) IN GENERAL.—The Director, in consulta- status of a person described in subparagraphs (v) access to legal services; tion with the Secretary, shall develop proce- (A), (B), and (C) of subsection (a)(1) shall re- (vi) access to interpreters; dures to make a prompt determination of the main confidential and may only be used to (vii) supervision by professionals trained in age of an alien, which procedures shall be determine such person’s qualifications under the care of children, taking into account the used— subsection (a)(1). special cultural, linguistic, and experiential (A) by the Secretary, with respect to aliens (2) NONDISCLOSURE OF INFORMATION.—In needs of children in immigration pro- in the custody of the Department; consideration of the needs and privacy of un- ceedings; (B) by the Director, with respect to aliens accompanied alien children in the custody of (viii) recreational programs and activities; in the custody of the Office; and the Office or its agents, and the necessity to (ix) spiritual and religious needs; and (C) by the Attorney General, with respect guarantee the confidentiality of such chil- (x) dietary needs. to aliens in the custody of the Department of dren’s information in order to facilitate (B) NOTIFICATION OF CHILDREN.—Regula- Justice. their trust and truthfulness with the Office, tions promulgated under subparagraph (A) (2) EVIDENCE.—The procedures developed its agents, and clinicians, the Office shall shall provide that all children in such place- under paragraph (1) shall— maintain the privacy and confidentiality of ments are notified of such standards orally (A) permit the presentation of multiple all information gathered in the course of the and in writing in the child’s native language. forms of evidence, including testimony of care, custody, and placement of unaccom- (b) PROHIBITION OF CERTAIN PRACTICES.— the alien, to determine the age of the unac- The Director and the Secretary shall develop panied alien children, consistent with its companied alien for purposes of placement, procedures prohibiting the unreasonable use role and responsibilities under the Homeland custody, parole, and detention; and of— Security Act to act as guardian in loco (B) allow the appeal of a determination to (1) shackling, handcuffing, or other re- parentis in the best interest of the unaccom- an immigration judge. panied alien child, by not disclosing such in- straints on children; (b) PROHIBITION ON SOLE MEANS OF DETER- formation to other government agencies or (2) solitary confinement; or MINING AGE.—Radiographs or the attestation (3) pat or strip searches. nonparental third parties. of an alien may not be used as the sole (c) REQUIRED DISCLOSURE.—The Secretary (c) RULE OF CONSTRUCTION.—Nothing in means of determining age for the purposes of or the Secretary of Health and Human Serv- this section shall be construed to supersede determining an alien’s eligibility for treat- ices shall provide the information furnished procedures favoring release of children to ap- ment under this title or section 462 of the under this section, and any other informa- propriate adults or entities or placement in tion derived from such furnished informa- the least secure setting possible, as described Homeland Security Act of 2002 (6 U.S.C. 279). tion, to— in paragraph 23 of the Stipulated Settlement (c) RULE OF CONSTRUCTION.—Nothing in (1) a duly recognized law enforcement enti- Agreement under Flores v. Reno. this section may be construed to place the ty in connection with an investigation or SEC. 614. REPATRIATED UNACCOMPANIED ALIEN burden of proof in determining the age of an prosecution of an offense described in para- CHILDREN. alien on the Government. graph (2) or (3) of section 212(a) of the Immi- (a) COUNTRY CONDITIONS.— SEC. 616. EFFECTIVE DATE. gration and Nationality Act (8 U.S.C. (1) SENSE OF CONGRESS.—It is the sense of This subtitle shall take effect on the date 1182(a)), when such information is requested Congress that, to the extent consistent with which is 90 days after the date of the enact- in writing by such entity; or the treaties and other international agree- ment of this Act. ments to which the United States is a party, (2) an official coroner for purposes of af- Subtitle B—Access by Unaccompanied Alien and to the extent practicable, the United firmatively identifying a deceased individual Children to Child Advocates and Counsel (whether or not such individual is deceased States Government should undertake efforts SEC. 621. CHILD ADVOCATES. as a result of a crime). to ensure that it does not repatriate children (d) PENALTY.—Any person who knowingly in its custody into settings that would (a) ESTABLISHMENT OF CHILD ADVOCATE uses, publishes, or permits information to be threaten the life and safety of such children. PROGRAM.— examined in violation of this section shall be (2) ASSESSMENT OF CONDITIONS.— (1) APPOINTMENT.—The Director may ap- fined not more than $10,000. (A) IN GENERAL.—The Secretary of State point a child advocate, who meets the quali- SEC. 613. APPROPRIATE CONDITIONS FOR DE- shall include, in the annual Country Reports fications described in paragraph (2), for an TENTION OF UNACCOMPANIED on Human Rights Practices, an assessment unaccompanied alien child. The Director is ALIEN CHILDREN. of the degree to which each country protects encouraged, if practicable, to contract with a (a) STANDARDS FOR PLACEMENT.— children from smugglers and traffickers. voluntary agency for the selection of an indi- (1) ORDER OF PREFERENCE.—An unaccom- (B) FACTORS FOR ASSESSMENT.—The Sec- vidual to be appointed as a child advocate panied alien child who is not released pursu- retary shall consult the Country Reports on under this paragraph. ant to section 612(a)(1) shall be placed in the Human Rights Practices and the Trafficking (2) QUALIFICATIONS OF CHILD ADVOCATE.— least restrictive setting possible in the fol- in Persons Report in assessing whether to re- (A) IN GENERAL.—A person may not serve lowing order of preference: patriate an unaccompanied alien child to a as a child advocate unless such person— (A) Licensed family foster home. particular country. (i) is a child welfare professional or other (B) Small group home. (b) REPORT ON REPATRIATION OF UNACCOM- individual who has received training in child (C) Juvenile shelter. PANIED ALIEN CHILDREN.— welfare matters;

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(5) POWERS.—The child advocate— of the Office or the Department, who are not (B) INDEPENDENCE OF CHILD ADVOCATE.— (A) shall have reasonable access to the described in section 611(a)(2), have com- (i) INDEPENDENCE FROM AGENCIES OF GOV- child, including access while such child is petent counsel to represent them in immi- ERNMENT.—The child advocate shall act inde- being held in detention or in the care of a gration proceedings or matters. pendently of any agency of government in foster family; (2) PRO BONO REPRESENTATION.—To the making and reporting findings or making (B) shall be permitted to review all records greatest extent practicable, the Director recommendations with respect to the best and information relating to such proceedings shall— interests of the child. No agency shall termi- that are not deemed privileged or classified; (A) make every effort to utilize the serv- nate, reprimand, de-fund, intimidate, or re- (C) may seek independent evaluations of ices of competent pro bono counsel who taliate against any person or entity ap- the child; agree to provide representation to such chil- pointed under paragraph (1) because of the (D) shall be notified in advance of all hear- dren without charge; and findings and recommendations made by such ings or interviews involving the child that (B) ensure that placements made under person relating to any child. are held in connection with proceedings or subparagraphs (D), (E), and (F) of section (ii) PROHIBITION OF CONFLICT OF INTEREST.— matters under the Immigration and Nation- 612(a)(1) are in cities in which there is a dem- No person shall serve as a child advocate for ality Act (8 U.S.C. 1101 et seq.), and shall be onstrated capacity for competent pro bono a child if such person is providing legal serv- given a reasonable opportunity to be present representation. ices to such child. at such hearings or interviews; (3) DEVELOPMENT OF NECESSARY INFRA- (3) DUTIES.—The child advocate of a child (E) shall be permitted to accompany and STRUCTURES AND SYSTEMS.—The Director shall— consult with the child during any hearing or shall develop the necessary mechanisms to (A) conduct interviews with the child in a interview involving such child; and identify and recruit entities that are avail- manner that is appropriate, taking into ac- (F) shall be provided at least 24 hours ad- able to provide legal assistance and represen- count the child’s age; vance notice of a transfer of that child to a tation under this subsection. (B) investigate the facts and circumstances different placement, absent compelling and (4) CONTRACTING AND GRANT MAKING AU- relevant to the child’s presence in the United unusual circumstances warranting the trans- THORITY.— States, including facts and circumstances— fer of such child before such notification. (A) IN GENERAL.—The Director shall enter (i) arising in the country of the child’s na- (b) TRAINING.— into contracts with, or award grants to, non- tionality or last habitual residence; and (1) IN GENERAL.—The Director shall provide profit agencies with relevant expertise in the (ii) arising subsequent to the child’s depar- professional training for all persons serving delivery of immigration-related legal serv- ture from such country; as child advocates under this section. ices to children in order to carry out the re- (C) work with counsel to identify the (2) TRAINING TOPICS.—The training pro- sponsibilities of this title, including pro- child’s eligibility for relief from removal or vided under paragraph (1) shall include train- viding legal orientation, screening cases for voluntary departure by sharing with counsel ing in— referral, recruiting, training, and overseeing relevant information collected under sub- (A) the circumstances and conditions faced pro bono attorneys. paragraph (B); by unaccompanied alien children; and (B) SUBCONTRACTING.—Nonprofit agencies (D) develop recommendations on issues rel- (B) various immigration benefits for which may enter into subcontracts with, or award ative to the child’s custody, detention, re- such alien child might be eligible. grants to, private voluntary agencies with lease, and repatriation; (c) PILOT PROGRAM.— relevant expertise in the delivery of immi- (E) take reasonable steps to ensure that— (1) IN GENERAL.—Not later than 180 days gration-related legal services to children in (i) the best interests of the child are pro- after the date of the enactment of this Act, order to carry out this subsection. moted while the child participates in, or is the Director shall establish and begin to (C) CONSIDERATIONS REGARDING GRANTS AND subject to, proceedings or matters under the carry out a pilot program to test the imple- CONTRACTS.—In awarding grants and entering Immigration and Nationality Act (8 U.S.C. mentation of subsection (a). Any pilot pro- into contracts with agencies under this para- 1101 et seq.); gram existing before the date of the enact- graph, the Director shall take into consider- (ii) the child understands the nature of the ment of this Act shall be deemed insufficient ation the capacity of the agencies in ques- legal proceedings or matters and determina- to satisfy the requirements of this sub- tion to properly administer the services cov- tions made by the court, and that all infor- section. ered by such grants or contracts without an mation is conveyed to the child in an age-ap- (2) PURPOSE.—The purpose of the pilot pro- undue conflict of interest. propriate manner; gram established pursuant to paragraph (1) (5) MODEL GUIDELINES ON LEGAL REPRESEN- (F) report factual findings and rec- is to— TATION OF CHILDREN.— ommendations consistent with the child’s (A) study and assess the benefits of pro- (A) DEVELOPMENT OF GUIDELINES.—The Di- best interests relating to the custody, deten- viding child advocates to assist unaccom- rector of the Executive Office for Immigra- tion, and release of the child during the panied alien children involved in immigra- tion Review of the Department of Justice, in pendency of the proceedings or matters, to tion proceedings or matters; consultation with voluntary agencies and the Director and the child’s counsel; (B) assess the most efficient and cost-effec- national experts, shall develop model guide- (G) in any proceeding involving an alien tive means of implementing the child advo- lines for the legal representation of alien child in which a complaint has been filed cate provisions under this section; and children in immigration proceedings. Such with any appropriate disciplinary authority (C) assess the feasibility of implementing guidelines shall be based on the children’s against an attorney or representative for such provisions on a nationwide basis for all asylum guidelines, the American Bar Asso- criminal, unethical, or unprofessional con- unaccompanied alien children in the care of ciation Model Rules of Professional Conduct, duct in connection with the representation the Office. and other relevant domestic or international of the alien child, provide the immigration (3) SCOPE OF PROGRAM.— sources. judge with written recommendations or tes- (A) SELECTION OF SITE.—The Director shall (B) PURPOSE OF GUIDELINES.—The guide- timony on any information the child advo- select 3 sites at which to operate the pilot lines developed under subparagraph (A) shall cate may have regarding the conduct of the program established under paragraph (1). be designed to help protect each child from attorney; and (B) NUMBER OF CHILDREN.—Each site se- any individual suspected of involvement in (H) in any proceeding involving an alien lected under subparagraph (A) should have any criminal, harmful, or exploitative activ- child in which the safety of the child upon not less than 25 children held in immigration ity associated with the smuggling or traf- repatriation is at issue, and after the immi- custody at any given time, to the greatest ficking of children, while ensuring the fair- gration judge has considered and denied all extent possible. ness of the removal proceeding in which the applications for relief other than voluntary (4) REPORT TO CONGRESS.—Not later than 1 child is involved. departure, provide the immigration judge year after the date on which the first pilot (C) IMPLEMENTATION.—Not later than 180 with written recommendations or testimony program site is established under paragraph days after the date of the enactment of this on any information the child advocate may (1), the Director shall submit a report on the Act, the Director of the Executive Office for have regarding the child’s safety upon repa- achievement of the purposes described in Immigration Review shall— triation. paragraph (2) to the Committee on the Judi- (i) adopt the guidelines developed under (4) TERMINATION OF APPOINTMENT.—The ciary of the Senate and the Committee on subparagraph (A); and child advocate shall carry out the duties de- the Judiciary of the House of Representa- (ii) submit the guidelines for adoption by scribed in paragraph (3) until the earliest of tives. national, State, and local bar associations. the date on which— (5) AUTHORIZATION OF APPROPRIATIONS.— (b) DUTIES.—Counsel under this section (A) those duties are completed; There are authorized to be appropriated such shall— (B) the child departs from the United sums as may be necessary to carry out this (1) represent the unaccompanied alien States; section. child in all proceedings and matters relating

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(3) owe the same duties of undivided loy- dence; and (2) CURRICULUM.—The training required alty, confidentiality, and competent rep- ‘‘(iii) with respect to a child in Federal under paragraph (1) shall include education resentation to the child as is due to an adult custody, for whom the Office of Refugee Re- on the processes pertaining to unaccom- client. settlement of the Department of Health and panied alien children with pending immigra- (c) ACCESS TO CHILD.— Human Services has certified to the Director tion status and on the forms of relief poten- (1) IN GENERAL.—Counsel under this section of U.S. Citizenship and Immigration Services tially available. The Director shall establish shall have reasonable access to the unaccom- that the classification of an alien as a spe- a core curriculum that can be incorporated panied alien child, including access while the cial immigrant under this subparagraph has into education, training, or orientation mod- child is— not been made solely to provide an immigra- ules or formats that are currently used by (A) held in detention; tion benefit to that alien.’’. these professionals. (B) in the care of a foster family; or (2) RULE OF CONSTRUCTION.—Nothing in sec- (3) VIDEO CONFERENCING.—Direct training (C) in any other setting that has been de- tion 101(a)(27)(J) of the Immigration and Na- requested under paragraph (1) may be con- termined by the Office. tionality Act, as amended by paragraph (1), ducted through video conferencing. (2) RESTRICTION ON TRANSFERS.—Absent shall be construed to grant, to any natural (b) TRAINING OF DEPARTMENT PERSONNEL.— compelling and unusual circumstances, a parent or prior adoptive parent of any alien The Secretary, acting jointly with the Sec- child who is represented by counsel may not provided special immigrant status under retary of Health and Human Services, shall be transferred from the child’s placement to such subparagraph, by virtue of such parent- provide specialized training to all personnel another placement unless advance notice of age, any right, privilege, or status under of the Department who come into contact at least 24 hours is made to counsel of such such Act. with unaccompanied alien children. Training transfer. (b) ADJUSTMENT OF STATUS.—Section for agents of the Border Patrol and immigra- (d) NOTICE TO COUNSEL DURING IMMIGRA- 245(h)(2)(A) of the Immigration and Nation- tion inspectors shall include specific train- TION PROCEEDINGS.— ality Act (8 U.S.C. 1255(h)(2)(A)) is amended ing on identifying— (1) IN GENERAL.—Except when otherwise re- to read as follows: quired in an emergency situation involving ‘‘(A) paragraphs (4), (5)(A), (6)(A), (7)(A), (1) children at the international borders of the physical safety of the child, counsel shall 9(B), and 9(C)(i)(I) of section 212(a) shall not the United States or at United States ports be given prompt and adequate notice of all apply; and’’. of entry who have been victimized by smug- immigration matters affecting or involving (c) ELIGIBILITY FOR ASSISTANCE.— glers or traffickers; and an unaccompanied alien child, including ad- (1) IN GENERAL.—A child who has been cer- (2) children for whom asylum or special judications, proceedings, and processing, be- tified under section 101(a)(27)(J) of the Immi- immigrant relief may be appropriate, includ- fore such actions are taken. gration and Nationality Act, as amended by ing children described in section 611(a)(2)(A). (2) OPPORTUNITY TO CONSULT WITH COUN- subsection (a)(1), and who was in the custody SEC. 633. REPORT. of the Office at the time a dependency order SEL.—An unaccompanied alien child in the Not later than 1 year after the date of the custody of the Office may not give consent was granted for such child, shall be eligible for placement and services under section enactment of this Act, and annually there- to any immigration action, including con- after, the Secretary of Health and Human senting to voluntary departure, unless first 412(d) of such Act (8 U.S.C. 1522(d)) until the earlier of— Services shall submit a report to the Com- afforded an opportunity to consult with mittee on the Judiciary of the Senate and counsel. (A) the date on which the child reaches the age designated in section 412(d)(2)(B) of such the Committee on the Judiciary of the House (e) ACCESS TO RECOMMENDATIONS OF CHILD of Representatives that contains, for the ADVOCATE.—Counsel shall be given an oppor- Act (8 U.S.C. 1522(d)(2)(B)); or (B) the date on which the child is placed in most recently concluded fiscal year— tunity to review the recommendations of the (1) data related to the implementation of child advocate affecting or involving a client a permanent adoptive home. section 462 of the Homeland Security Act (6 who is an unaccompanied alien child. (2) STATE REIMBURSEMENT.—If foster care U.S.C. 279); (f) COUNSEL FOR UNACCOMPANIED ALIEN funds are expended on behalf of a child who (2) data regarding the care and placement CHILDREN.—Nothing in this title may be con- is not described in paragraph (1) and has strued to require the Government of the been granted relief under section 101(a)(27)(J) of children under this title; United States to pay for counsel to any un- of the Immigration and Nationality Act, the (3) data regarding the provision of child ad- accompanied alien child. Federal Government shall reimburse the vocate and counsel services under this title; SEC. 623. EFFECTIVE DATE; APPLICABILITY. State in which the child resides for such ex- and (4) any other information that the Director (a) EFFECTIVE DATE.—This subtitle shall penditures by the State. take effect on the date which is 180 days (d) TRANSITION RULE.—Notwithstanding or the Secretary of Health and Human Serv- after the date of the enactment of this Act. any other provision of law, a child described ices determines to be appropriate. (b) APPLICABILITY.—The provisions of this in section 101(a)(27)(J) of the Immigration Subtitle D—Children Refugee and Asylum subtitle shall apply to all unaccompanied and Nationality Act, as amended by sub- Seekers alien children in Federal custody before, on, section (a)(1), may not be denied such special or after the effective date of this subtitle. immigrant juvenile classification after the SEC. 641. GUIDELINES FOR CHILDREN’S ASYLUM CLAIMS. Subtitle C—Strengthening Policies for date of the enactment of this Act based on Permanent Protection of Alien Children age if the child— (a) SENSE OF CONGRESS.—Congress— (1) filed an application for special immi- SEC. 631. SPECIAL IMMIGRANT JUVENILE CLASSI- (1) commends the former Immigration and FICATION. grant juvenile classification before the date Naturalization Service for its ‘‘Guidelines (a) J CLASSIFICATION.— of the enactment of this Act and was 21 years for Children’s Asylum Claims’’, issued in De- (1) IN GENERAL.—Section 101(a)(27)(J) of the of age or younger on the date such applica- cember 1998; Immigration and Nationality Act (8 U.S.C. tion was filed; or (2) encourages and supports the Depart- 1101(a)(27)(J)) is amended to read as follows: (2) was younger than 21 years of age on the ment to implement such guidelines to facili- ‘‘(J) an immigrant, who is 18 years of age date on which the child applied for classi- tate the handling of children’s affirmative or younger on the date of application for fication as a special immigrant juvenile and asylum claims; classification as a special immigrant and can demonstrate exceptional circumstances (3) commends the Executive Office for Im- present in the United States— warranting relief. migration Review of the Department of Jus- ‘‘(i) who, by a court order supported by (e) RULEMAKING.—Not later than 90 days tice for its ‘‘Guidelines for Immigration written findings of fact, which shall be bind- after the date of the enactment of this Act, Court Cases Involving Unaccompanied Alien the Secretary shall promulgate rules to ing on the Secretary of Homeland Security Children’’, issued in September 2004; carry out this section. for purposes of adjudications under this sub- (4) encourages and supports the continued (f) EFFECTIVE DATE.—The amendments implementation of such guidelines by the paragraph— made by this section shall apply to all aliens ‘‘(I) was declared dependent on a juvenile Executive Office for Immigration Review in who were in the United States before, on, or its handling of children’s asylum claims be- court located in the United States or has after the date of the enactment of this Act. been legally committed to, or placed under fore immigration judges; and SEC. 632. TRAINING FOR OFFICIALS AND CER- (5) understands that the guidelines de- the custody of, a department or agency of a TAIN PRIVATE PARTIES WHO COME State, or an individual or entity appointed INTO CONTACT WITH UNACCOM- scribed in paragraph (3)— by a State or juvenile court located in the PANIED ALIEN CHILDREN. (A) do not specifically address the issue of United States; and (a) TRAINING OF STATE AND LOCAL OFFI- asylum claims; and ‘‘(II) should not be reunified with his or her CIALS AND CERTAIN PRIVATE PARTIES.— (B) address the broader issue of unaccom- parents due to abuse, neglect, abandonment, (1) IN GENERAL.—The Secretary of Health panied alien children. or a similar basis found under State law; and Human Services, acting jointly with the (b) TRAINING.—

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(1) IMMIGRATION OFFICERS.—The Secretary ‘‘(B) the capacity of the Department of ‘‘(i) declaring providers to be in breach and shall provide periodic comprehensive train- State to identify such refugees; seek damages for noncompliance; ing under the ‘‘Guidelines for Children’s Asy- ‘‘(C) the capacity of the international com- ‘‘(ii) terminating the contracts of providers lum Claims’’ to asylum officers and immi- munity to care for and protect such refugees; that are not in compliance with such condi- gration officers who have contact with chil- ‘‘(D) the capacity of the voluntary agency tions; or dren in order to familiarize and sensitize community to resettle such refugees in the ‘‘(iii) reassigning any unaccompanied alien such officers to the needs of children asylum United States; child to a similar facility that is in compli- seekers. ‘‘(E) the degree to which the United States ance with such section.’’. (2) IMMIGRATION JUDGES.—The Director of plans to resettle such refugees in the United SEC. 652. TECHNICAL CORRECTIONS. the Executive Office for Immigration Review States in the following fiscal year; and Section 462(b) of the Homeland Security shall— ‘‘(F) the fate that will befall such unac- Act of 2002 (6 U.S.C. 279(b)), as amended by (A) provide periodic comprehensive train- companied refugee children for whom reset- section 651, is further amended— ing under the ‘‘Guidelines for Immigration tlement in the United States is not pos- (1) in paragraph (3), by striking ‘‘paragraph Court Cases Involving Unaccompanied Alien sible.’’. (1)(G)’’ and inserting ‘‘paragraph (1)’’; and Children’’ and the ‘‘Guidelines for Children’s (b) TRAINING ON THE NEEDS OF UNACCOM- (2) by adding at the end the following: Asylum Claims’’ to immigration judges and PANIED REFUGEE CHILDREN.—Section 207(f)(2) ‘‘(5) RULE OF CONSTRUCTION.—Nothing in members of the Board of Immigration Ap- of the Immigration and Nationality Act (8 paragraph (2)(B) may be construed to require peals; and U.S.C. 1157(f)(2)) is amended— that a bond be posted for unaccompanied (B) redistribute the ‘‘Guidelines for Chil- (1) by striking ‘‘and’’ after ‘‘countries,’’; alien children who are released to a qualified dren’s Asylum Claims’’ to all immigration and sponsor.’’. (2) by inserting ‘‘, and instruction on the courts as part of its training of immigration SEC. 653. EFFECTIVE DATE. needs of unaccompanied refugee children’’ judges. The amendments made by this subtitle before the period at the end. (3) USE OF VOLUNTARY AGENCIES.—Vol- shall take effect as if included in the Home- untary agencies shall be allowed to assist in SEC. 643. EXCEPTIONS FOR UNACCOMPANIED land Security Act of 2002 (6 U.S.C. 101 et ALIEN CHILDREN IN ASYLUM AND the training described in this subsection. seq.). (c) STATISTICS AND REPORTING.— REFUGEE-LIKE CIRCUMSTANCES. Subtitle F—Prison Sexual Abuse Prevention (1) STATISTICS.— (a) PLACEMENT IN REMOVAL PROCEEDINGS.— (A) DEPARTMENT OF JUSTICE.—The Attor- Any unaccompanied alien child apprehended SEC. 661. SHORT TITLE. ney General shall compile and maintain sta- by the Department, except for an unaccom- This subtitle may be cited as the ‘‘Prison tistics on the number of cases in immigra- panied alien child subject to exceptions Sexual Abuse Prevention Act of 2007’’. tion court involving unaccompanied alien under paragraph (1)(A) or (2) of section SEC. 662. SEXUAL ABUSE. 611(a), shall be placed in removal proceedings children, which shall include, with respect to Sections 2241, 2242, 2243, and 2244 of title 18, under section 240 of the Immigration and Na- each such child, information about— United States Code, are each amended by tionality Act (8 U.S.C. 1229a). (i) the age; striking ‘‘the Attorney General’’ each place (b) EXCEPTION FROM TIME LIMIT FOR FILING (ii) the gender; that term appears and inserting ‘‘the head of ASYLUM APPLICATION.—Section 208 of the Im- (iii) the country of nationality; any Federal department or agency’’. migration and Nationality Act (8 U.S.C. 1158) (iv) representation by counsel; is amended— Subtitle G—Authorization of Appropriations (v) the relief sought; and (1) in subsection (a)(2), by adding at the (vi) the outcome of such cases. SEC. 671. AUTHORIZATION OF APPROPRIATIONS. end the following: (a) IN GENERAL.—There are authorized to (B) DEPARTMENT OF HOMELAND SECURITY.— ‘‘(E) APPLICABILITY.—Subparagraphs (A) The Secretary shall compile and maintain be appropriated to the Department, the De- and (B) shall not apply to an unaccompanied statistics on the instances of unaccompanied partment of Justice, and the Department of alien child.’’; and alien children in the custody of the Depart- Health and Human Services, such sums as (2) in subsection (b)(3), by adding at the ment, which shall include, with respect to may be necessary to carry out— end the following: each such child, information about— (1) the provisions of section 462 of the ‘‘(C) INITIAL JURISDICTION.—United States (i) the age; Homeland Security Act of 2002 (6 U.S.C. 279); Citizenship and Immigration Services shall (ii) the gender; and have initial jurisdiction over any asylum ap- (iii) the country of nationality; and (2) the provisions of this title. plication filed by an unaccompanied alien (iv) the length of detention. (b) AVAILABILITY OF FUNDS.—Amounts ap- child.’’. propriated pursuant to subsection (a) shall (2) REPORTS TO CONGRESS.—Not later than 90 days after the date of the enactment of Subtitle E—Amendments to the Homeland remain available until expended. this Act, and annually, thereafter, the Attor- Security Act of 2002 ney General, in consultation with the Sec- SEC. 651. ADDITIONAL RESPONSIBILITIES AND SA 2437. Mrs. FEINSTEIN submitted retary, Secretary of Health and Human Serv- POWERS OF THE OFFICE OF REF- an amendment intended to be proposed ices, and any other necessary government of- UGEE RESETTLEMENT WITH RE- by her to the bill H.R. 2638, making ap- SPECT TO UNACCOMPANIED ALIEN ficial, shall submit a report to the Com- CHILDREN. propriations for the Department of mittee on the Judiciary of the Senate and (a) ADDITIONAL RESPONSIBILITIES OF THE DI- Homeland Security for the fiscal year the Committee on the Judiciary House of RECTOR.—Section 462(b)(1) of the Homeland ending September 30, 2008, and for Representatives on the number of alien chil- Security Act of 2002 (6 U.S.C. 279(b)(1)) is other purposes; which was ordered to dren in Federal custody during the most re- amended— lie on the table; as follows: cently concluded fiscal year. Information (1) in subparagraph (K), by striking ‘‘and’’ At the end, add the following: contained in the report, with respect to such at the end; children, shall be categorized by— (2) in subparagraph (L), by striking the pe- TITLE VI—VISA AND PASSPORT SECURITY (A) age; riod at the end and inserting ‘‘, including SEC. 601. SHORT TITLE. (B) gender; regular follow-up visits to such facilities, This title may be cited as the ‘‘Passport (C) country of nationality; placements, and other entities, to assess the and Visa Security Act of 2007’’. (D) length of time in custody; continued suitability of such placements; Subtitle A—Reform of Passport Fraud (E) the department or agency with cus- and’’; and Offenses tody; and (3) by adding at the end the following: SEC. 611. TRAFFICKING IN PASSPORTS. (F) treatment as an unaccompanied alien ‘‘(M) ensuring minimum standards of care Section 1541 of title 18, United States Code, child. for all unaccompanied alien children— is amended to read as follows: SEC. 642. UNACCOMPANIED REFUGEE CHILDREN. ‘‘(i) for whom detention is necessary; and (a) IDENTIFYING UNACCOMPANIED REFUGEE ‘‘(ii) who reside in settings that are alter- ‘‘§ 1541. Trafficking in passports CHILDREN.—Section 207(e) of the Immigra- native to detention.’’. ‘‘(a) MULTIPLE PASSPORTS.—Any person tion and Nationality Act (8 U.S.C. 1157(e)) is (b) ADDITIONAL AUTHORITY OF THE DIREC- who, during any period of 3 years or less, amended— TOR.—Section 462(b) of the Homeland Secu- knowingly— (1) by redesignating paragraphs (3), (4), (5), rity Act of 2002 (6 U.S.C. 279(b)) is amended ‘‘(1) and without lawful authority pro- (6), and (7) as paragraphs (4), (5), (6), (7), and by adding at the end the following: duces, issues, or transfers 10 or more pass- (8), respectively; and ‘‘(4) AUTHORITY.—In carrying out the du- ports; (2) by inserting after paragraph (2) the fol- ties under paragraph (3), the Director may— ‘‘(2) forges, counterfeits, alters, or falsely lowing: ‘‘(A) contract with service providers to per- makes 10 or more passports; ‘‘(3) An analysis of the worldwide situation form the services described in sections 612, ‘‘(3) secures, possesses, uses, receives, buys, faced by unaccompanied refugee children, 613, 621, and 622 of the Unaccompanied Alien sells, or distributes 10 or more passports, categorized by region, which shall include an Child Protection Act of 2007; and knowing the passports to be forged, counter- assessment of— ‘‘(B) compel compliance with the terms feited, altered, falsely made, stolen, procured ‘‘(A) the number of unaccompanied refugee and conditions set forth in section 613 of by fraud, or produced or issued without law- children; such Act, by— ful authority; or

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9973 ‘‘(4) completes, mails, prepares, presents, SEC. 614. MISUSE OF A PASSPORT. ‘‘(3) secures, possesses, uses, buys, sells, or signs, or submits 10 or more applications for Section 1544 of title 18, United States Code, distributes 10 or more immigration docu- a United States passport, knowing the appli- is amended to read as follows: ments, knowing the immigration documents cations to contain any false statement or ‘‘§ 1544. Misuse of a passport to be forged, counterfeited, altered, stolen, representation, ‘‘Any person who knowingly— falsely made, procured by fraud, or produced shall be fined under this title, imprisoned ‘‘(1) uses any passport issued or designed or issued without lawful authority; or not more than 20 years, or both. for the use of another; ‘‘(4) completes, mails, prepares, presents, ‘‘(b) PASSPORT MATERIALS.—Any person ‘‘(2) uses any passport in violation of the signs, or submits 10 or more immigration who knowingly and without lawful authority conditions or restrictions therein contained, documents knowing the documents to con- produces, buys, sells, possesses, or uses any or in violation of the laws, regulations, or tain any materially false statement or rep- official material (or counterfeit of any offi- rules governing the issuance and use of the resentation, cial material) used to make a passport, in- passport; shall be fined under this title, imprisoned cluding any distinctive paper, seal, ‘‘(3) secures, possesses, uses, receives, buys, not more than 20 years, or both. hologram, image, text, symbol, stamp, en- sells, or distributes any passport knowing it ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.— graving, or plate, shall be fined under this to be forged, counterfeited, altered, falsely Any person who knowingly and without law- title, imprisoned not more than 20 years, or made, procured by fraud, or produced or ful authority produces, buys, sells, possesses, both.’’. issued without lawful authority; or or uses any official material (or counterfeit SEC. 612. FALSE STATEMENT IN AN APPLICATION ‘‘(4) violates the terms and conditions of of any official material) used to make immi- FOR A PASSPORT. any safe conduct duly obtained and issued gration documents, including any distinctive Section 1542 of title 18, United States Code, under the authority of the United States, paper, seal, hologram, image, text, symbol, is amended to read as follows: shall be fined under this title, imprisoned stamp, engraving, or plate, shall be fined ‘‘§ 1542. False statement in an application for not more than 15 years, or both.’’. under this title, imprisoned not more than 20 a passport SEC. 615. SCHEMES TO DEFRAUD ALIENS. years, or both. ‘‘(a) IN GENERAL.—Whoever knowingly Section 1545 of title 18, United States Code, ‘‘(d) EMPLOYMENT DOCUMENTS.—Whoever makes any false statement or representation is amended to read as follows: uses— in an application for a United States pass- ‘‘§ 1545. Schemes to defraud aliens ‘‘(1) an identification document, knowing (or having reason to know) that the docu- port, or mails, prepares, presents, or signs an ‘‘(a) IN GENERAL.—Any person who know- application for a United States passport ingly executes a scheme or artifice, in con- ment was not issued lawfully for the use of knowing the application to contain any false nection with any matter that is authorized the possessor; statement or representation, shall be fined by or arises under Federal immigration laws ‘‘(2) an identification document knowing under this title, imprisoned not more than 15 or any matter the offender claims or rep- (or having reason to know) that the docu- years, or both. resents is authorized by or arises under Fed- ment is false; or ‘‘(b) VENUE.— eral immigration laws, to— ‘‘(3) a false attestation, ‘‘(1) IN GENERAL.—An offense under sub- ‘‘(1) defraud any person; or for the purpose of satisfying a requirement section (a) may be prosecuted in any dis- ‘‘(2) obtain or receive money or anything of section 274A(b) of the Immigration and trict— else of value from any person by means of Nationality Act (8 U.S.C. 1324a(b)), shall be ‘‘(A) in which the false statement or rep- false or fraudulent pretenses, representa- fined under this title, imprisoned not more resentation was made or the application for tions, promises, than 5 years, or both.’’. a United States passport was prepared or shall be fined under this title, imprisoned SEC. 617. ALTERNATIVE IMPRISONMENT MAX- signed; or not more than 15 years, or both. IMUM FOR CERTAIN OFFENSES. ‘‘(B) in which or to which the application ‘‘(b) MISREPRESENTATION.—Any person who Section 1547 of title 18, United States Code, was mailed or presented. knowingly and falsely represents that such is amended— ‘‘(2) ACTS OCCURRING OUTSIDE THE UNITED person is an attorney or an accredited rep- (1) in the matter preceding paragraph (1), STATES.—An offense under subsection (a) in- resentative (as that term is defined in sec- by striking ‘‘(other than an offense under volving an application for a United States tion 1292.1 of title 8, Code of Federal Regula- section 1545)’’; passport prepared and adjudicated outside tions (or any successor regulation to such (2) in paragraph (1), by striking ‘‘15’’ and the United States may be prosecuted in the section)) in any matter arising under Federal inserting ‘‘20’’; and district in which the resultant passport was immigration laws shall be fined under this (3) in paragraph (2), by striking ‘‘20’’ and or would have been produced. title, imprisoned not more than 15 years, or inserting ‘‘25’’. ‘‘(c) SAVINGS CLAUSE.—Nothing in this sec- both.’’. SEC. 618. ATTEMPTS, CONSPIRACIES, JURISDIC- tion may be construed to limit the venue SEC. 616. IMMIGRATION AND VISA FRAUD. TION, AND DEFINITIONS. otherwise available under sections 3237 and Section 1546 of title 18, United States Code, Chapter 75 of title 18, United States Code, 3238 of this title.’’. is amended to read as follows: is amended by adding after section 1547 the SEC. 613. FORGERY AND UNLAWFUL PRODUC- ‘‘§ 1546. Immigration and visa fraud following new sections: TION OF A PASSPORT. ‘‘(a) IN GENERAL.—Any person who know- ‘‘§ 1548. Attempts and conspiracies Section 1543 of title 18, United States Code, ingly— is amended to read as follows: ‘‘Any person who attempts or conspires to ‘‘(1) uses any immigration document issued violate any section of this chapter shall be ‘‘§ 1543. Forgery and unlawful production of a or designed for the use of another; punished in the same manner as a person passport ‘‘(2) forges, counterfeits, alters, or falsely who completed a violation of that section. ‘‘(a) FORGERY.—Any person who know- makes any immigration document; ingly— ‘‘(3) completes, mails, prepares, presents, ‘‘§ 1549. Additional jurisdiction ‘‘(1) forges, counterfeits, alters, or falsely signs, or submits any immigration document ‘‘(a) IN GENERAL.—Any person who com- makes any passport; or knowing it to contain any materially false mits an offense under this chapter within the ‘‘(2) transfers any passport knowing it to statement or representation; special maritime and territorial jurisdiction be forged, counterfeited, altered, falsely ‘‘(4) secures, possesses, uses, transfers, re- of the United States shall be punished as made, stolen, or to have been produced or ceives, buys, sells, or distributes any immi- provided under this chapter. issued without lawful authority, gration document knowing it to be forged, ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any shall be fined under this title, imprisoned counterfeited, altered, falsely made, stolen, person who commits an offense under this not more than 15 years, or both. procured by fraud, or produced or issued chapter outside the United States shall be ‘‘(b) UNLAWFUL PRODUCTION.—Any person without lawful authority; punished as provided under this chapter if— who knowingly and without lawful author- ‘‘(5) adopts or uses a false or fictitious ‘‘(1) the offense involves a United States ity— name to evade or to attempt to evade the passport or immigration document (or any ‘‘(1) produces, issues, authorizes, or verifies immigration laws; or document purporting to be such a document) a passport in violation of the laws, regula- ‘‘(6) transfers or furnishes, without lawful or any matter, right, or benefit arising under tions, or rules governing the issuance of the authority, an immigration document to an- or authorized by Federal immigration laws; passport; other person for use by a person other than ‘‘(2) the offense is in or affects foreign com- ‘‘(2) produces, issues, authorizes, or verifies the person for whom the document was merce; a United States passport for or to any person issued or designed, ‘‘(3) the offense affects, jeopardizes, or knowing or in reckless disregard of the fact shall be fined under this title, imprisoned poses a significant risk to the lawful admin- that such person is not entitled to receive a not more than 15 years, or both. istration of Federal immigration laws, or the passport; or ‘‘(b) TRAFFICKING.—Any person who, during national security of the United States; ‘‘(3) transfers or furnishes a passport to any period of 3 years or less, knowingly— ‘‘(4) the offense is committed to facilitate any person for use by any person other than ‘‘(1) and without lawful authority pro- an act of international terrorism (as defined the person for whom the passport was issued duces, issues, or transfers 10 or more immi- in section 2331) or a drug trafficking crime or designed, gration documents; (as defined in section 929(a)(2)) that affects shall be fined under this title, imprisoned ‘‘(2) forges, counterfeits, alters, or falsely or would affect the national security of the not more than 15 years, or both.’’. makes 10 or more immigration documents; United States;

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9974 CONGRESSIONAL RECORD — SENATE July 25, 2007 ‘‘(5) the offender is a national of the United SEC. 619. CLERICAL AMENDMENT. of title 46, an offense under section 924(c), States or an alien lawfully admitted for per- The table of sections for chapter 75 of title 956(a), or 2332b of this title, or an offense list- manent residence (as those terms are defined 18, United States Code, is amended to read as ed in section 2332b(g)(5)(B) of this title for in section 101(a) of the Immigration and Na- follows: which a maximum term of imprisonment of tionality Act (8 U.S.C. 1101(a))); or ‘‘Sec. 10 years or more is prescribed, or an offense ‘‘(6) the offender is a stateless person ‘‘1541. Trafficking in passports. involving a minor victim under section 1201, whose habitual residence is in the United ‘‘1542. False statement in an application for 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, States. a passport. 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), ‘‘§ 1550. Authorized law enforcement activi- ‘‘1543. Forgery and unlawful production of a 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, ties passport. 2422, 2423, or 2425 of this title. ‘‘Nothing in this chapter shall prohibit any ‘‘1544. Misuse of a passport. ‘‘(4) Subject to rebuttal by the person, it lawfully authorized investigative, protec- ‘‘1545. Schemes to defraud aliens. shall be presumed that no condition or com- tive, or intelligence activity of a law en- ‘‘1546. Immigration and visa fraud. bination of conditions will reasonably assure forcement agency of the United States, a ‘‘1547. Alternative imprisonment maximum the appearance of the person as required if State, or a political subdivision of a State, for certain offenses. the judicial officer finds that there is prob- or an intelligence agency of the United ‘‘1548. Attempts and conspiracies. able cause to believe that the person— States, or any activity authorized under ‘‘1549. Additional jurisdiction. ‘‘(A) is an alien; and title V of the Organized Crime Control Act of ‘‘1550. Authorized law enforcement activities. ‘‘(B)(i) has no lawful immigration status in 1970 (Public Law 91–452; 84 Stat. 933). ‘‘1551. Definitions.’’. the United States; ‘‘(ii) is the subject of a final order of re- ‘‘§ 1551. Definitions Subtitle B—Other Reforms moval; or ‘‘As used in this chapter: SEC. 621. DIRECTIVE TO THE UNITED STATES ‘‘(iii) has committed a felony offense under ‘‘(1) The term ‘application for a United SENTENCING COMMISSION. chapter 75 of this title.’’. (a) IN GENERAL.—Pursuant to the author- States passport’ includes any document, pho- (b) FACTORS TO BE CONSIDERED.—Section tograph, or other piece of evidence sub- ity under section 994 of title 28, United 3142(g)(3) of title 18, United States Code, is mitted in support of an application for a States Code, the United States Sentencing amended— United States passport. Commission shall promulgate or amend the (1) in subparagraph (A), by striking ‘‘and’’ ‘‘(2) The term ‘false statement or represen- sentencing guidelines, policy statements, at the end; and tation’ includes a personation or an omis- and official commentaries related to pass- (2) by adding at the end the following new sion. port fraud offenses, including the offenses subparagraph: ‘‘(3) The term ‘immigration document’— described in chapter 75 of title 18, United ‘‘(C) the person’s immigration status; ‘‘(A) means any application, petition, affi- States Code, as amended by section 2, to re- and’’. davit, declaration, attestation, form, visa, flect the serious nature of such offenses. SEC. 623. PROTECTION FOR LEGITIMATE REFU- identification card, alien registration docu- (b) REPORT.—Not later than one year after GEES AND ASYLUM SEEKERS. ment, employment authorization document, the date of the enactment of this Act, the (a) PROTECTION FOR LEGITIMATE REFUGEES border crossing card, certificate, permit, United States Sentencing Commission shall AND ASYLUM SEEKERS.—The Attorney Gen- order, license, stamp, authorization, grant of submit to the Committee on the Judiciary of eral, in consultation with the Secretary of authority, or other official document, aris- the Senate and the Committee on the Judici- Homeland Security, shall develop binding ing under or authorized by the immigration ary of the House of Representatives a report prosecution guidelines for Federal prosecu- laws of the United States; and on the implementation of this section. tors to ensure that any prosecution of an ‘‘(B) includes any document, photograph, SEC. 622. RELEASE AND DETENTION PRIOR TO alien seeking entry into the United States or other piece of evidence attached to or sub- DISPOSITION. by fraud is consistent with the United States mitted in support of an immigration docu- (a) DETENTION.—Section 3142(e) of title 18, treaty obligations under Article 31(1) of the ment described in subparagraph (A). United States Code, is amended to read as Convention Relating to the Status of Refu- ‘‘(4) The term ‘immigration laws’ in- follows: gees, done at Geneva July 28, 1951 (as made cludes— ‘‘(e) DETENTION.—(1) If, after a hearing pur- applicable by the Protocol Relating to the ‘‘(A) the laws described in section 101(a)(17) suant to the provisions of subsection (f) of Status of Refugees, done at New York Janu- of the Immigration and Nationality Act (8 this section, the judicial officer finds that no ary 31, 1967 (19 UST 6223)). U.S.C. 1101(a)(17)); condition or combination of conditions will (b) NO PRIVATE RIGHT OF ACTION.—The ‘‘(B) the laws relating to the issuance and reasonably assure the appearance of the per- guidelines required by subsection (a), and use of passports; and son as required and the safety of any other any internal office procedures adopted pur- ‘‘(C) the regulations prescribed under the person and the community, such judicial of- suant thereto, are intended solely for the authority of any law described in subpara- ficer shall order the detention of the person guidance of attorneys for the United States. graph (A) or (B). before trial. This section, such guidelines, and the proc- ‘‘(5) A person does not exercise ‘lawful au- ‘‘(2) In a case described in subsection (f)(1) ess for determining such guidelines are not thority’ if the person abuses or improperly of this section, a rebuttable presumption intended to, do not, and may not be relied exercises lawful authority the person other- arises that no condition or combination of upon to create any right or benefit, sub- wise holds. conditions will reasonably assure the safety stantive or procedural, enforceable at law by ‘‘(6) The term ‘passport’ means— of any other person and the community if any party in any administrative, civil, or ‘‘(A) a travel document attesting to the such judicial officer finds that— criminal matter identity and nationality of the bearer that is ‘‘(A) the person has been convicted of a SEC. 624. DIPLOMATIC SECURITY SERVICE. issued under the authority of the Secretary Federal offense that is described in sub- Section 37(a)(1) of the State Department of State, a foreign government, or an inter- section (f)(1) of this section, or of a State or Basic Authorities Act of 1956 (22 U.S.C. national organization; or local offense that would have been an offense 2709(a)(1)) is amended to read as follows: ‘‘(B) any instrument purporting to be a described in subsection (f)(1) of this section ‘‘(1) conduct investigations concerning— document described in subparagraph (A). if a circumstance giving rise to Federal ju- ‘‘(A) illegal passport or visa issuance or ‘‘(7) The term ‘produce’ means to make, risdiction had existed; use; prepare, assemble, issue, print, authenticate, ‘‘(B) the offense described in subparagraph ‘‘(B) identity theft or document fraud af- or alter. (A) of this paragraph was committed while fecting or relating to the programs, func- ‘‘(8) The term ‘to present’ means to offer or the person was on release pending trial for a tions, and authorities of the Department of submit for official processing, examination, Federal, State, or local offense; and State; or adjudication. Any such presentation con- ‘‘(C) a period of not more than five years ‘‘(C) violations of chapter 77 of title 18, tinues until the official processing, examina- has elapsed since the date of conviction, or United States Code; and tion, or adjudication is complete. the release of the person from imprisonment, ‘‘(D) Federal offenses committed within ‘‘(9) The ‘use’ of a passport or an immigra- for the offense described in subparagraph (A) the special maritime and territorial jurisdic- tion document referred to in section 1541(a), of this paragraph, whichever is later. tion defined in paragraph (9) of section 7 of 1543(b), 1544, 1546(a), and 1546(b) of this chap- ‘‘(3) Subject to rebuttal by the person, it title 18, United States Code;’’. ter includes— shall be presumed that no condition or com- SEC. 625. UNIFORM STATUTE OF LIMITATIONS ‘‘(A) any officially authorized use; bination of conditions will reasonably assure FOR CERTAIN IMMIGRATION, PASS- ‘‘(B) use to travel; the appearance of the person as required and PORT, AND NATURALIZATION OF- ‘‘(C) use to demonstrate identity, resi- the safety of the community if the judicial FENSES. dence, nationality, citizenship, or immigra- officer finds that there is probable cause to (a) IN GENERAL.—Section 3291 of title 18, tion status; believe that the person committed an offense United States Code, is amended to read as ‘‘(D) use to seek or maintain employment; for which a maximum term of imprisonment follows: or of ten years or more is prescribed in the Con- ‘‘§ 3291. Immigration, passport, and natu- ‘‘(E) use in any matter within the jurisdic- trolled Substances Act (21 U.S.C. 801 et seq.), ralization offenses tion of the Federal government or of a State the Controlled Substances Import and Ex- ‘‘No person shall be prosecuted, tried, or government.’’. port Act (21 U.S.C. 951 et seq.), or chapter 705 punished for a violation of any section of

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9975 chapters 69 (relating to nationality and citi- garding any additional training necessary partment of Homeland Security, shall de- zenship offenses) or 75 (relating to passport for employees in the Office of General Coun- velop a policy for surplus trailers to mitigate and visa offenses) of this title, or for an at- sel of the Federal Emergency Management the health impacts for potential occupants’’. tempt or conspiracy to violate any such sec- Agency to remedy institutionalized biases tion, unless the indictment is returned or that affect disaster victims, the feasability SA 2441. Mrs. CLINTON submitted an the information is filed within ten years of, and need for, developing a systematic amendment intended to be proposed to after the commission of the offense.’’. process by which the Federal Emergency amendment SA 2383 proposed by Mr. (b) CLERICAL AMENDMENT.—The table of Management Agency collects, reports, and BYRD (for himself and Mr. COCHRAN) to sections for chapter 213 of title 18, United responds to occupants of housing supplied by the bill H.R. 2638, making appropria- the Federal Emergency Management Agency States Code, is amended by striking the item tions for the Department of Homeland relating to section 3291 and inserting the fol- (including such housing supplied through a lowing: third party), and whether the Inspector Gen- Security for the fiscal year ending Sep- ‘‘3291. Immigration, passport, and natu- eral should review complaints received by tember 30, 2008, and for other purposes; ralization offenses’’. the Federal Emergency Management Agency which was ordered to lie on the table; to facilitate early detection of problems and as follows: SA 2438. Mrs. CLINTON submitted an effective mitigation and responsiveness: Pro- On page 69, after line 24, insert the fol- vided further, That the investigation under amendment intended to be proposed by lowing: the previous proviso shall include any other SEC. 536. Notwithstanding any other provi- her to the bill H.R. 2638, making appro- decision where the Inspector General deter- sion of law, the Administrator of the Trans- priations for the Department of Home- mines that the Office of General Counsel of portation Security Administration shall con- land Security for the fiscal year ending the Federal Emergency Management Agency tinue to prohibit any butane lighters from September 30, 2008, and for other pur- prioritized insulating the Federal Emer- being taken into an airport sterile area or poses; which was ordered to lie on the gency Management Agency from possible onboard an aircraft until the Administrator table; as follows: legal liability over public safety’’. provides to the Committee on Appropria- On page 35, line 15, before the period, insert tions of the Senate, the Committee on Ap- At the appropriate place, insert the fol- the following: ‘‘: Provided further, That not propriations of the House of Representatives, lowing: later than 30 days after the date of enact- the Committee on Homeland Security and SEC. ll. SHARED BORDER MANAGEMENT. ment of this Act, the Administrator of the Governmental Affairs of the Senate, the (a) STUDY.—The Comptroller General of Federal Emergency Management Agency Committee on Homeland Security of the the United States shall conduct a study on shall update training practices for all cus- House of Representatives, and the Com- the Department of Homeland Security’s use tomer service employees of the Federal mittee on Commerce, Science, and Transpor- of shared border management to secure the Emergency Management Agency and estab- tation of the Senate, a report identifying all international borders of the United States. lish an appropriate continuing education re- anticipated security benefits and any pos- (b) REPORT.—The Comptroller General quirement for employees in the Office of sible vulnerabilities associated with allowing shall submit a report to Congress that de- General Counsel of the Federal Emergency butane lighters into airport sterile areas and scribes— Management Agency relating to addressing onboard commercial aircraft, including sup- (1) any negotiations, plans, or designs con- health concerns of disaster victims’’. porting analysis justifying the conclusions ducted by officials of the Department of On page 40, line 24, before the period, insert reached. The Comptroller General of the Homeland Security regarding the practice of the following: ‘‘: Provided further, That not United States shall report on its assessment shared border management; and later than 15 days after the date of enact- of the report submitted by the Transpor- ment of this Act, the Administrator of the (2) the factors required to be in place for tation Security Administration within 180 Federal Emergency Management Agency shared border management to be successful. days of the date the report is submitted. The shall submit to the Committee on Appropria- Administrator shall not take action to allow tions and the Committee on Homeland Secu- SA 2439. Mr. NELSON of Florida sub- butane lighters into an airport sterile area rity and Governmental Affairs of the Senate mitted an amendment intended to be or onboard commercial aircraft until at least a report detailing the actions taken as of proposed by him to the bill H.R. 2638, 60 days after the Comptroller General sub- that date, and any actions the Administrator mits the Comptroller General’s assessment making appropriations for the Depart- will take, in response to the reports of pos- of the Transportation Security Administra- ment of Homeland Security for the fis- sible health impacts due to formaldehyde ex- tion report. cal year ending September 30, 2008, and posure in certain trailers provided by the for other purposes; which was ordered Federal Emergency Management Agency, SA 2442. Mr. COBURN (for himself, which shall include a description of any dis- to lie on the table; as follows: Mr. DEMINT, and Mr. MCCAIN) sub- ciplinary or other personnel actions taken in At the appropriate place, insert the fol- mitted an amendment intended to be lowing: response to those possible health impacts and a detailed policy for responding to any proposed by him to the bill H.R. 2638, SEC. ll. TRANSPORTATION FACILITY ACCESS reports of potential health hazards posed by making appropriations for the Depart- CONTROL PROGRAMS. any materials provided by the Federal Emer- ment of Homeland Security for the fis- The Secretary of Homeland Security shall gency Management Agency (including hous- work with appropriate officials of Florida cal year ending September 30, 2008, and ing, food, water, or other materials): Pro- and of other States to resolve the differences for other purposes; which was ordered vided further, That the Administrator shall between the Transportation Worker Identi- to lie on the table; as follows: provide for indoor air quality testing and fication Credential program administered by At the appropriate place, insert the fol- root cause determination, (including such the Transportation Security Administration lowing: testing and determination relating to form- and existing State transportation facility ac- SEC. ll. (a)(1)(A) None of the funds appro- aldehyde) of occupied and unoccupied trail- cess control programs. priated or otherwise made available by this ers provided by the Federal Emergency Man- Act may be used to make any payment in agement Agency, which shall be reviewed or SA 2440. Mrs. MCCASKILL (for her- connection with a contract awarded through conducted by a third party with a proven a congressional initiative unless the con- self, Mr. OBAMA, and Mr. PRYOR) sub- record of scientifically based environmental tract is awarded using competitive proce- mitted an amendment intended to be and epidemiological testing: Provided further, dures in accordance with the requirements of proposed to amendment SA 2383 pro- That the Administrator shall work with the section 303 of the Federal Property and Ad- posed by Mr. BYRD (for himself and Mr. heads of other appropriate Federal depart- ministrative Services Act of 1949 (41 U.S.C. COCHRAN) to the bill H.R. 2638, making ments and agencies (including components of 253), section 2304 of title 10, United States appropriations for the Department of the Department of Homeland Security), im- Code, and the Federal Acquisition Regula- Homeland Security for the fiscal year pacted States, and disaster victims to make tion. ending September 30, 2008, and for available safe alternatives for living condi- (B) Except as provided in paragraph (3), tions based on the results of the testing and none of the funds appropriated or otherwise other purposes; which was ordered to determinations under the previous proviso: made available by this Act may be used to lie on the table; as follows: Provided further, That the previous proviso make any payment in connection with a con- On page 5, line 20, before the period, insert shall not be construed to limit the authority tract awarded through a congressional ini- the following: ‘‘: Provided, That the Inspector of the Administrator to make accommoda- tiative unless more than one bid is received General shall investigate decisions made re- tions for occupants requesting relocation as- for such contract. garding, and the policy of the Federal Emer- sistance due to potential health hazards in (2) Notwithstanding any other provision of gency Management Agency relating to, that housing prior to receipt of such test re- this Act, none of the funds appropriated or formaldehyde in trailers in the Gulf Coast sults: Provided further, That the Adminis- otherwise made available by this Act may be region and make recommendations relating trator and the Administrator of General awarded by grant or cooperative agreement to that investigation, including rec- Services, in conjunction with the heads of through a congressional initiative unless the ommendations on any disciplinary or other other appropriate Federal departments and process used to award such grant or coopera- personnel actions and recommendations re- agencies, including components of the De- tive agreement uses competitive procedures

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9976 CONGRESSIONAL RECORD — SENATE July 25, 2007 to select the grantee or award recipient. Ex- allow an employer to verify employment au- sure the accuracy of the Social Security Ad- cept as provided in paragraph (3), no such thorization or identity by comparing the ministration’s databases. grant may be awarded unless applications for photograph displayed on the document pre- (4) RULEMAKING.—The Secretary is author- such grant or cooperative agreement are re- sented by the individual to the photograph ized, with notice to the public provided in ceived from two or more applicants that are transmitted by the Department of Homeland the Federal Register, to issue regulations not from the same organization and do not Security; concerning operational and technical aspects share any financial, fiduciary, or other orga- (C) maximize the reliability and ease of use of the basic pilot program and the efficiency, nizational relationship. of the basic pilot program by employers, accuracy, and security of such program. (3)(A) If the Secretary of Homeland Secu- while insulating and protecting the privacy (5) AUTHORIZATION OF APPROPRIATIONS.— rity does not receive more than one bid for a and security of the underlying information; There is authorized to be appropriated contract under paragraph (1)(B) or does not (D) respond accurately to all inquiries $60,000,000 for fiscal year 2008 for the expan- receive more than one application from unaf- made by employers on whether individuals sion and base operations of the Employment filiated applicants for a grant or cooperative are authorized to be employed in the United Eligibility Verification Basic Pilot Program. agreement under paragraph (2), the Sec- States; retary may waive such bid or application re- (E) maintain appropriate administrative, SA 2444. Mr. GRASSLEY (for himself quirement if the Secretary determines that technical, and physical safeguards to prevent and Mr. INHOFE) submitted an amend- the contract, grant, or cooperative agree- unauthorized disclosure of personal informa- ment intended to be proposed to ment is essential to the mission of the De- tion; and amendment SA 2383 proposed by Mr. partment of Homeland Security. (F) allow for auditing the use of the system (b)(1) Not later than December 31, 2008, the BYRD (for himself and Mr. COCHRAN) to to detect fraud and identify theft, and to pre- Secretary of Homeland Security shall sub- the bill H.R. 2638, making appropria- serve the security of the information col- mit to Congress a report on congressional tions for the Department of Homeland lected through the basic pilot program, in- initiatives for which amounts were appro- cluding— Security for the fiscal year ending Sep- priated during fiscal year 2008. (i) the development and use of algorithms tember 30, 2008, and for other purposes; (2) The report submitted under paragraph as follows: (1) shall include with respect to each con- to detect potential identity theft, such as On page 69, after line 24, insert the fol- tract and grant awarded through a congres- multiple uses of the same identifying infor- lowing: sional initiative— mation or documents; SEC. 536. None of the funds made available (A) the name of the recipient of the funds (ii) the development and use of algorithms under this Act may be expended until the awarded through such contract or grant; to detect misuse of the system by employers Secretary of Homeland Security certifies to (B) the reason or reasons such recipient and employees; Congress that all new hires by the Depart- was selected for such contract or grant; and (iii) the development of capabilities to de- ment of Homeland Security are verified (C) the number of entities that competed tect anomalies in the use of the basic pilot through the basic pilot program authorized for such contract or grant. program that may indicate potential fraud (3) The report submitted under paragraph or misuse of the program; and under section 401 of the Illegal Immigration (1) shall be made publicly available through (iv) auditing documents and information Reform and Immigrant Responsibility Act of the Internet website of the Department of submitted by potential employees to em- 1996 (8 U.S.C. 1324a note). SEC. 537. None of the funds made available Homeland Security. ployers, including authority to conduct (c) In this section: interviews with employers and employees. under this Act may be available to enter into (1) The term ‘‘congressional initiative’’ (2) COORDINATION WITH STATE GOVERN- a contract with a person, employer, or other means a provision of law or a directive con- MENTS.—If use of an employer verification entity that does not participate in the basic tained within a committee report or joint system is mandated by State or local law, pilot program authorized under section 401 of statement of managers of an appropriations the Secretary of Homeland Security, in con- the Illegal Immigration Reform and Immi- Act that specifies— sultation with appropriate State and local grant Responsibility Act of 1996 (8 U.S.C. (A) the identity of a person or entity se- officials, shall— 1324a note). lected to carry out a project, including a de- (A) ensure that State and local programs fense system, for which funds are appro- have sufficient access to the Federal Govern- SA 2445. Mr. GRAHAM submitted an priated or otherwise made available by that ment’s Employment Eligibility Verification amendment intended to be proposed by provision of law or directive and that was System and ensure that such system has suf- him to the bill H.R. 2638, making ap- not requested by the President in a budget ficient capacity to— propriations for the Department of submitted to Congress; and (i) register employers in States with em- Homeland Security for the fiscal year (B) the amount of the funds appropriated ployer verification requirements; ending September 30, 2008, and for or otherwise made available for such project. (ii) respond to inquiries by employers; and (iii) enter into memoranda of under- other purposes; which was ordered to (2) The term ‘‘executive agency’’ has the lie on the table as follows: meaning given such term in section 4 of the standing with States to ensure responses to Office of Federal Procurement Policy Act (41 clauses (i) and (ii); and At the end, add the following: U.S.C. 403). (B) permit State law enforcement authori- SEC. 536. (a) REPORT ON INTERAGENCY OPER- ties to access data maintained by the basic ATIONAL CENTERS FOR PORT SECURITY.—Not SA 2443. Mr. KYL submitted an pilot program through a written or elec- later than 180 days after the date of the en- amendment intended to be proposed by tronic inquiry to the Chief Privacy Officer of actment of this Act, the Commandant of the him to the bill H.R. 2638, making ap- the Department of Homeland Security; and Coast Guard shall submit to Congress a re- port on the implementation and use of inter- propriations for the Department of (C) develop policies and procedures to en- sure protection of the privacy and security agency operational centers for port security Homeland Security for the fiscal year of personally identifiable information and under section 70107A of title 46, United ending September 30, 2008, and for identifiers contained in the basic pilot pro- States Code. other purposes; which was ordered to gram, including appropriate privacy and se- (b) ELEMENTS.—The report required by sub- lie on the table; as follows: curity training for State employees. section shall include the following: At the appropriate place, insert the fol- (3) RESPONSIBILITIES OF THE SOCIAL SECU- (1) A detailed description of the progress lowing: RITY ADMINISTRATION.—In order to prevent made in transitioning Project Seahawk in SEC. ll. IMPROVEMENTS TO THE EMPLOYMENT identity theft, protect employees, and reduce Charleston, South Carolina, from the De- ELIGIBILITY VERIFICATION BASIC the burden on employers, the Commissioner partment of Justice to the Coast Guard, in- PILOT PROGRAM. of Social Security, in consultation with the cluding all projects and equipment associ- (1) IN GENERAL.—The Secretary of Home- Secretary of Homeland Security, shall— ated with that project. land Security shall improve the basic pilot (A) review the Social Security Administra- (2) A detailed description of that actions program described in section 403(a) of the Il- tion databases and information technology being taken to assure the integrity of legal Immigration Reform and Immigrant to identify any deficiencies and discrep- Project Seahawk and ensure there is no loss Responsibility Act of 1996 (8 U.S.C. 1324a ancies related to name, birth date, citizen- in cooperation between the agencies speci- note) to— ship status, or death records of the social se- fied in section 70107A(b)(3) of title 46, United (A) respond to inquiries made by partici- curity accounts and social security account State Code. pating employers through the Internet to holders that are likely to contribute to (3) A detailed description and explanation help confirm an individual’s identity and de- fraudulent use of documents, identity theft, of any changes in Project Seahawk as of the termine whether the individual is authorized or affect the proper functioning of the basic date of the report, including any changes in to be employed in the United States; pilot program; Federal, State, or local staffing of that (B) electronically confirm the issuance of (B) work to correct any errors identified project. an employment authorization or identity under subparagraph (A); and document to the individual who is seeking (C) work to ensure that a system for iden- SA 2446. Mr. BIDEN submitted an employment, and to display the photograph tifying and promptly correcting such defi- amendment intended to be proposed to that the issuer placed on such document to ciencies and discrepancies is adopted to en- amendment SA 2383 proposed by Mr.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9977 BYRD (for himself and Mr. COCHRAN) to viewing and acting upon petitions with re- graph (4) if the double layer fencing require- the bill H.R. 2638, making appropria- spect to immigrants described in schedule A ment were eliminated; and tions for the Department of Homeland not later than 30 days after the date on (6) the number of miles of single layer Security for the fiscal year ending Sep- which a completed petition has been filed.’’. fencing, if fencing were not accompanied by additional technology and infrastructure tember 30, 2008, and for other purposes; SA 2449. Mrs. DOLE submitted an such as cameras, sensors, and roads, which as follows: amendment intended to be proposed to could be built with the $1,187,000,000 appro- On page 35, line 20, strike ‘‘$3,030,500,000’’ amendment SA 2383 proposed by Mr. priated in fiscal year 2007 for ‘‘border secu- and insert ‘‘$3,080,500,000’’. BYRD (for himself and Mr. COCHRAN) to rity fencing, technology, and infrastructure’’ On page 36, line 22, strike ‘‘$1,836,000,000’’ and the $1,000,000,000 appropriated under this and insert ‘‘$1,886,000,000’’. the bill H.R. 2638, making appropria- tions for the Department of Homeland Act under the heading ‘‘Border Security On page 37, line 20, strike ‘‘$400,000,000’’ and Fencing, Infrastructure, and Technology’’. insert ‘‘$450,000,000’’. Security for the fiscal year ending Sep- (b) SUBMISSION OF REPORT.—Not later than On page 37, line 24, insert ‘‘, of which tember 30, 2008, and for other purposes; 1 year after the date of the enactment of this $50,000,000 shall be available for Amtrak se- as follows: Act, the Comptroller General shall submit a curity upgrades, including infrastructure On page 39, line 21, insert ‘‘, of which not report on the results of the study conducted protection, securing tunnels and stations, less than $75,000,000 shall be used for train- pursuant to subsection (a) to— hiring and training Amtrak police officers, ing, exercises, and technical assistance con- (1) the Committee on Appropriations of the deploying additional canine units, operating Senate; and capital costs associated with security sistent with section 287(g) of the Immigra- awareness, preparedness, and response, and tion and Nationality Act (8 U.S.C. 1357(g))’’ (2) the Committee on the Judiciary of the other activities that enhance the security of before the semicolon at the end. Senate; Amtrak infrastructure, employees, and pas- (3) the Committee on Appropriations of the sengers’’ before the semicolon at the end. SA 2450. Ms. COLLINS (for herself, House of Representatives; and Mr. LIEBERMAN, Mr. CARPER, and Mr. (4) the Committee on the Judiciary of the SA 2447. Mr. SCHUMER (for himself, SANDERS) submitted an amendment in- House of Representatives. Mr. LAUTENBERG, Mrs. CLINTON, and tended to be proposed to amendment SA 2452. Mr. SESSIONS submitted an Mr. MENENDEZ) submitted an amend- SA 2383 proposed by Mr. BYRD (for him- amendment intended to be proposed to ment intended to be proposed to self and Mr. COCHRAN) to the bill H.R. amendment SA 2383 proposed by Mr. amendment SA 2383 proposed by Mr. 2638, making appropriations for the De- BYRD (for himself and Mr. COCHRAN) to BYRD (for himself and Mr. COCHRAN) to partment of Homeland Security for the the bill H.R. 2638, making appropria- the bill H.R. 2638, making appropria- fiscal year ending September 30, 2008, tions for the Department of Homeland tions for the Department of Homeland and for other purposes; which was or- Security for the fiscal year ending Sep- Security for the fiscal year ending Sep- dered to lie on the table; as follows: tember 30, 2008, and for other purposes; tember 30, 2008, and for other purposes; On page 69, after line 24, add the following: as follows: SEC. 536. The Administrator of the United which was ordered to lie on the table; On page 49, line 22, strike the period at the States Fire Administration may obligate and as follows: end and all that follows through ‘‘2010:’’ on expend any unobligated funds made available On page 10, line 26, strike ‘‘$1,000,000,000, to page 50, line 2, and insert the following: ‘‘, of in fiscal year 2006 to the United States Fire remain available until expended: Provided ,’’ which $10,000,000 shall be available to support Administration to perform deferred annual and insert ‘‘$2,480,800,000, to remain available the implementation of the Securing the Cit- maintenance at the National Emergency until expended, of which $1,548,800,00 shall be ies initiative at the level requested in the Training Center in Emmitsburg, Maryland. designated as an emergency requirement President’s budget. pursuant to section 204 of S. Con. Res. 21 ‘‘SYSTEMS ACQUISITION SA 2451. Mr. SESSIONS submitted an (110th Congress) and shall be used for the ‘‘For expenses for the Domestic Nuclear amendment intended to be proposed by construction of topographic mile 371 through Detection Office acquisition and deployment him to the bill H.R. 2638, making ap- linear mile 700 of the miles of fence required of radiological detection systems in accord- propriations for the Department of by section 102(b) of the Illegal Immigration ance with the global nuclear detection archi- Homeland Security for the fiscal year Reform and Immigrant Responsibility Act of tecture, $182,000,000, to remain available ending September 30, 2008, and for 1996, as amended by section 3 of the Secure Fence Act of 2006; Provided,’’. until September 30, 2010, of which $30,000,000 other purposes; which was ordered to shall be available to support the implemen- lie on the table; as follows: tation of the Securing the Cities initiative at SA 2453. Mr. SESSIONS submitted an the level requested in the President’s budg- At the appropriate place, insert the fol- amendment intended to be proposed to et:’’. lowing: amendment SA 2383 proposed by Mr. SEC. l. GAO STUDY OF COST OF FENCING ON BYRD (for himself and Mr. COCHRAN) to SA 2448. Mr. SCHUMER (for himself THE SOUTHERN BORDER. (a) INQUIRY AND REPORT REQUIRED.—The the bill H.R. 2638, making appropria- and Mrs. HUTCHISON) submitted an tions for the Department of Homeland amendment intended to be proposed to Comptroller of the United States shall con- duct a study examining— Security for the fiscal year ending Sep- amendment SA 2383 proposed by Mr. (1) the total amount of money that has tember 30, 2008, and for other purposes; BYRD (for himself and Mr. COCHRAN) to been expended, as of June 20, 2007, to con- which was ordered to lie on the table; the bill H.R. 2638, making appropria- struct 90 miles of fencing on the southern as follows: tions for the Department of Homeland border of the United States; On page 10, line 26, strike ‘‘$1,000,000,000, to Security for the fiscal year ending Sep- (2) the average cost per mile of the 90 miles remain available until expended: Provided,’’ of fencing on the southern border as of June tember 30, 2008, and for other purposes; and insert ‘‘$2,480,800,000, to remain available 20, 2007; as follows: until expended: Provided, that not less than (3) the average cost per mile of the 370 On page 69, after line 24, add the following: $1,548,800,000 shall be used for the construc- miles of fencing that the Department of SEC. 536. INCREASING THE DOMESTIC SUPPLY tion of topographic mile 371 through linear Homeland Security is required to have com- OF NURSES AND PHYSICAL THERA- mile 700 of the miles of fence required by sec- pleted on the southern border by December PISTS THROUGH THE RECAPTURE tion 102(b) of the Illegal Immigration Reform 31, 2008, which shall include $1,187,000,000 ap- OF UNUSED EMPLOYMENT-BASED and Immigrant Responsibility Act of 1996, as IMMIGRANT VISAS. propriated in fiscal year 2007 for ‘‘border se- amended by section 3 of the Secure Fence Section 106(d) of the American Competi- curity fencing, technology, and infrastruc- Act of 2006 (Public Law 109–367); Provided fur- tiveness in the Twenty-first Century Act of ture’’ and the $1,000,000,000 appropriated ther,’’. 2000 (Public Law 106–313; 8 U.S.C. 1153 note) is under this Act under the heading ‘‘Border amended— Security Fencing, Infrastructure, and Tech- At the appropriate place, insert the fol- (1) in paragraph (1)— nology’’; lowing: (A) by inserting ‘‘1996, 1997,’’ after ‘‘avail- (4) the total cost and average cost per mile SEC. ll. OFFSETTING LANGUAGE. able in fiscal year’’; and to construct the 700 linear miles (854 topo- All discretionary amounts made available (B) by inserting ‘‘group I,’’ after ‘‘schedule graphical miles) of fencing on the southern under this Act, other than the amounts ap- A,’’; border required to be constructed under sec- propriated under the subheadings related to (2) in paragraph (2)(A), by inserting ‘‘1996, tion 102(b) of the Illegal Immigration Reform funding of customs and border patrol salaries 1997, and’’ after ‘‘available in fiscal years’’; and Immigrant Responsibility Act of 1996, as and expenses, immigration and customs en- and amended by section 3 of the Secure Fence forcement salaries and expenses, United (3) by adding at the end the following: Act of 2006 (Public Law 109–367); States Coast Guard salaries and expenses, ‘‘(4) PETITIONS.—The Secretary of Home- (5) the total cost and average cost per mile United States Visitor and Immigrant Status land Security shall provide a process for re- to construct the fencing described in para- Indicator Technology project, disaster relief,

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9978 CONGRESSIONAL RECORD — SENATE July 25, 2007 flood map modernization fund, national flood the National Crime Information Center shall Guard on the southern land border of the insurance fund, national flood mitigation input into the National Crime Information United States to assist the United States fund, national predisaster mitigation fund, Center Database, the information that the Border Patrol in gaining operational control emergency food and shelter, and Federal law Secretary has or maintains related to any of that border;’’. enforcement training center salaries and ex- alien— On page 69, after line 24, add the following: penses, shall be reduced on a pro rata basis (A) against whom a final order of removal SEC. 536. TEMPORARY NATIONAL GUARD SUP- by $1,548,800,000. has been issued; PORT FOR SECURING THE SOUTH- (B) who enters into a voluntary departure ERN LAND BORDER OF THE UNITED SA 2454. Mr. SESSIONS submitted an agreement, or is granted voluntary depar- STATES. amendment intended to be proposed to ture by an immigration judge, whose period (a) AUTHORITY TO PROVIDE ASSISTANCE.— amendment SA 2383 proposed by Mr. for departure has expired under subsection Until operational control of the border is (a)(3) of section 240B of the Immigration and achieved in accordance with the Secure BYRD (for himself and Mr. COCHRAN) to Fence Act of 2006 (Public Law 109–367), the the bill H.R. 2638, making appropria- Nationality Act (8 U.S.C. 1229c), subsection (b)(2) of such section 240B, or who has vio- Governor of a State, upon the approval of tions for the Department of Homeland lated a condition of a voluntary departure the Secretary of Defense, shall order any Security for the fiscal year ending Sep- agreement under such section 240B; units or personnel of the National Guard of tember 30, 2008, and for other purposes; (C) whom a Federal immigration officer such State— which was ordered to lie on the table; has confirmed to be unlawfully present in (1) to perform annual training duty under as follows: the United States or removable from the section 502(a) of title 32, United States Code, to carry out in any State along the southern On page 40, line 24, insert ‘‘Provided further, United States; or land border of the United States the activi- That grants provided under paragraph (3) (D) whose visa has been revoked. ties authorized under subsection (b), for the may be used for State and local expenses re- (2) REMOVAL OF INFORMATION.—The head of purpose of securing such border; and lating to the implementation of agreements the National Crime Information Center shall (2) to perform duties under section 502(f) of between the Department of Homeland Secu- promptly remove any information provided title 32, United States Code, to provide com- rity and State and local governments in ac- by the Secretary under paragraph (1) related mand, control, and continuity of support for cordance with section 287(g) of the Immigra- to an alien who is lawfully admitted to enter units or personnel performing annual train- tion and Nationality Act (8 U.S.C. 1357(g)).’’ or lawfully permitted to remain in the ing duty under paragraph (1). before the period at the end. United States. (3) PROCEDURE FOR REMOVAL OF ERRONEOUS (b) AUTHORIZED ACTIVITIES.—The activities authorized under this subsection are any of SA 2455. Mr. SESSIONS (for himself INFORMATION.— (A) IN GENERAL.—The Secretary, in con- the following: and Mr. INHOFE) submitted an amend- (1) Ground reconnaissance activities. ment intended to be proposed to sultation with the head of the National Crime Information Center, shall develop and (2) Airborne reconnaissance activities. amendment SA 2383 proposed by Mr. implement a procedure by which an alien (3) Logistical support. BYRD (for himself and Mr. COCHRAN) to may petition the Secretary or head of the (4) Provision of translation services and the bill H.R. 2638, making appropria- National Crime Information Center, as ap- training. tions for the Department of Homeland propriate, to remove any erroneous informa- (5) Administrative support services. Security for the fiscal year ending Sep- tion provided by the Secretary under para- (6) Technical training services. tember 30, 2008, and for other purposes; graph (1) related to such alien. (7) Emergency medical assistance and serv- (B) EFFECT OF FAILURE TO RECEIVE NO- ices. which was ordered to lie on the table; (8) Communications services. as follows: TICE.—Under procedures developed under subparagraph (A), failure by the alien to re- (9) Rescue of aliens in peril. On page 69, after line 24, add the following: ceive notice of a violation of the immigra- (10) Construction of roadways, patrol SEC. 536. FEDERAL AFFIRMATION OF IMMIGRA- tion laws shall not constitute cause for re- roads, fences, barriers, and other facilities to TION LAW ENFORCEMENT BY moving information provided by the Sec- secure the southern land border of the STATES AND POLITICAL SUBDIVI- United States. SIONS OF STATES. retary under paragraph (1) related to such alien, unless such information is erroneous. (11) Ground and air transportation. (a) AUTHORITY.—Law enforcement per- (12) Identification, interrogation, search, sonnel of a State, or a political subdivision (C) INTERIM PROVISION OF INFORMATION.— Notwithstanding the 180-day period set forth seizure, and detention of any alien entering of a State, have the inherent authority of a or attempting to enter the United States in sovereign entity to investigate, apprehend, in paragraph (1), the Secretary may not pro- vide the information required under para- violation of any law or regulation regarding arrest, detain, or transfer to Federal custody the admission, exclusion, expulsion, or re- (including the transportation across State graph (1) until the procedures required under this paragraph have been developed and im- moval of aliens, until the alien can be trans- lines to detention centers) an alien who is ferred into the custody of a border patrol unlawfully present or removable for the pur- plemented. (b) INCLUSION OF INFORMATION IN THE NA- agent or a customs and border protection of- pose of assisting in the enforcement of the TIONAL CRIME INFORMATION CENTER DATA- ficer. immigration laws of the United States, in- (c) COOPERATIVE AGREEMENTS.—Units and BASE.—Section 534(a) of title 28, United cluding laws related to visa overstay, in the States Code, is amended— personnel of the National Guard of a State normal course of carrying out the law en- (1) in paragraph (3), by striking ‘‘and’’ at may perform activities in another State forcement duties of such personnel. This the end; under subsection (a) only pursuant to the State authority has never been displaced or (2) by redesignating paragraph (4) as para- terms of an emergency management assist- preempted by Federal law. This State au- graph (5); and ance compact or other cooperative arrange- thority to detain or arrest shall not last (3) by inserting after paragraph (3) the fol- ment entered into between Governors of such longer than 72 hours unless the Secretary of lowing: States for purposes of this section, and only Homeland Security requests that the State, ‘‘(4) acquire, collect, classify, and preserve with the approval of the Secretary of De- or political subdivision of the State, con- records of violations of the immigration laws fense. tinue to detain or arrest the alien to facili- (d) COORDINATION OF ASSISTANCE.—The Sec- of the United States; and’’. tate transfer to Federal custody. This State retary of Homeland Security shall, in con- authority shall terminate if the State, or po- SA 2456. Mr. SESSIONS submitted an sultation with the Secretary of Defense and litical subdivision of the State, is directed the Governors of the States concerned, co- by the Secretary of Homeland Security to re- amendment intended to be proposed to ordinate the performance of activities under lease the alien. amendment SA 2383 proposed by Mr. this section by units and personnel of the (b) CONSTRUCTION.—Nothing in this sub- BYRD (for himself and Mr. COCHRAN) to National Guard. section may be construed to require law en- the bill H.R. 2638, making appropria- (e) ANNUAL TRAINING.—Annual training forcement personnel of a State or a political tions for the Department of Homeland duty performed by members of the National subdivision to assist in the enforcement of Security for the fiscal year ending Sep- Guard under subsection (a) shall be appro- the immigration laws of the United States. tember 30, 2008, and for other purposes; priate for the units and individual members concerned, taking into account the types of SEC. 537. LISTING OF IMMIGRATION VIOLATORS which was ordered to lie on the table; IN THE NATIONAL CRIME INFORMA- units and military occupational specialties TION CENTER DATABASE. as follows: of individual members performing such duty. (a) PROVISION OF INFORMATION TO THE NA- On page 6, line 12, strike ‘‘$6,601,058,000;’’ Individual periods of training duty shall not TIONAL CRIME INFORMATION CENTER.— and insert ‘‘$7,001,058,000, of which $400,000,000 be limited to 3 weeks per year. (1) IN GENERAL.—Except as provided under shall remain available until expended or (f) RULES OF ENGAGEMENT.—The Secretary paragraph (3)(C), not later than 180 days until operational control of the border is of Homeland Security shall, in consultation after the date of the enactment of this Act, achieved in accordance with the Secure with the Secretary of Defense and the Gov- the Secretary shall provide to the head of Fence Act of 2006 (Public Law 109–367) for Op- ernors of the States concerned, coordinate the National Crime Information Center of eration Jump Start in order to maintain a the rules of engagement to be followed by the Department of Justice, and the head of significant durational force of the National units and personnel of the National Guard

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tasked with authorized activities described (b) AUTHORIZED ACTIVITIES.—The activities the southern border of the United States’’ in subsection (b)(12). The rules of engage- authorized under this subsection are any of means each of the following: ment for the National Guard shall be equiva- the following: (A) The State of Arizona. lent to the rules of engagement for Border (1) Ground reconnaissance activities. (B) The State of California. Patrol agents. (2) Airborne reconnaissance activities. (C) The State of New Mexico. (g) USE OF FORCE.—Nondeadly force may be (3) Logistical support. (D) The State of Texas. used by National Guard members stationed (4) Provision of translation services and (i) DURATION OF AUTHORITY.—This section at the southern border in the identification, training. shall be effective until operational control of interrogation, search, seizure, and detention (5) Administrative support services. the border is achieved in accordance with the of any alien in accordance with subsection (6) Technical training services. Secure Fence Act of 2006 (Public Law 109– (b)(12). (7) Emergency medical assistance and serv- 367). (h) DEFINITIONS.—In this section: ices. (1) GOVERNOR OF A STATE.—The term ‘‘Gov- (8) Communications services. SA 2458. Mr. SESSIONS submitted an ernor of a State’’ means, in the case of the (9) Rescue of aliens in peril. amendment intended to be proposed by District of Columbia, the Commanding Gen- (10) Construction of roadways, patrol him to the bill H.R. 2638, making ap- eral of the National Guard of the District of roads, fences, barriers, and other facilities to propriations for the Department of Columbia. secure the southern land border of the Homeland Security for the fiscal year (2) NONDEADLY FORCE.—The term ‘‘non- United States. deadly force’’ means physical force or re- (11) Ground and air transportation. ending September 30, 2008, and for straint that could not reasonably be ex- (12) Identification, interrogation, search, other purposes; which was ordered to pected to result in, or be capable of, causing seizure, and detention of any alien entering lie on the table; as follows: death or serious bodily injury. or attempting to enter the United States in At the appropriate place, insert the fol- (3) STATE.—The term ‘‘State’’ means each violation of any law or regulation regarding lowing: of the several States, the District of Colum- the admission, exclusion, expulsion, or re- SEC. ll. CRIMINAL ALIEN PROGRAM PILOT bia, the Commonwealth of Puerto Rico, moval of aliens, until the alien can be trans- PROJECT. Guam, and the Virgin Islands. ferred into the custody of a border patrol (a) IN GENERAL.—The Secretary shall use (4) STATE ALONG THE SOUTHERN BOARDER OF agent or a customs and border protection of- funds appropriated for the Criminal Alien THE UNITED STATES.—The term ‘‘State along ficer. Program of United States Immigration and the southern border of the United States’’ (c) COOPERATIVE AGREEMENTS.—Units and Customs Enforcement to implement a pilot means each of the following: personnel of the National Guard of a State project to evaluate technology that can— (A) The State of Arizona. may perform activities in another State (1) effectively analyze information on jail (B) The State of California. under subsection (a) only pursuant to the and prison populations; and (C) The State of New Mexico. terms of an emergency management assist- (2) automatically identify incarcerated il- (D) The State of Texas. ance compact or other cooperative arrange- legal aliens in a timely manner before their (i) DURATION OF AUTHORITY.—This section ment entered into between Governors of such release from detention. shall be effective until operational control of States for purposes of this section, and only (b) MINIMUM REQUIREMENTS.—The pilot the border is achieved in accordance with the with the approval of the Secretary of De- project implemented under subsection (a) Secure Fence Act of 2006 (Public Law 109– fense. shall involve not fewer than 2 States and (d) COORDINATION OF ASSISTANCE.—The Sec- 367). shall provide for the daily collection of data retary of Homeland Security shall, in con- from not fewer than 15 jails or prisons. sultation with the Secretary of Defense and SA 2457. Mr. SESSIONS submitted an (c) REPORT.—Not later than July 1, 2008, the Governors of the States concerned, co- amendment intended to be proposed to the Secretary shall submit a report to the ordinate the performance of activities under Committee on Appropriations of the Senate amendment SA 2383 proposed by Mr. this section by units and personnel of the and the Committee on Appropriations of the BYRD (for himself and Mr. COCHRAN) to National Guard. House of Representatives that describes— the bill H.R. 2638, making appropria- (e) ANNUAL TRAINING.—Annual training (1) the status of the pilot project imple- tions for the Department of Homeland duty performed by members of the National mented under subsection (a); Guard under subsection (a) shall be appro- Security for the fiscal year ending Sep- (2) the impact of the pilot project on ille- priate for the units and individual members tember 30, 2008, and for other purposes; gal alien management; and concerned, taking into account the types of which was ordered to lie on the table; (3) the Secretary’s plans to integrate the units and military occupational specialties technology evaluated under the pilot project as follows: of individual members performing such duty. into future enforcement budgets and oper- On page 6, line 12, strike ‘‘$6,601,058,000;’’ Individual periods of training duty shall not ating procedures. and insert ‘‘$7,001,058,000, of which $400,000,000 be limited to 3 weeks per year. shall remain available until expended or (f) RULES OF ENGAGEMENT.—The Secretary SEC. ll. INCARCERATION OF CRIMINAL ALIENS. until operational control of the border is of Homeland Security shall, in consultation (a) INSTITUTIONAL REMOVAL PROGRAM.— achieved in accordance with the Secure with the Secretary of Defense and the Gov- (1) CONTINUATION.—The Secretary shall Fence Act of 2006 (Public Law 109–367) for Op- ernors of the States concerned, coordinate continue to operate the Institutional Re- eration Jump Start in order to maintain a the rules of engagement to be followed by moval Program (referred to in this section as significant durational force of the National units and personnel of the National Guard the ‘‘Program’’) or shall develop and imple- Guard on the southern land border of the tasked with authorized activities described ment another program to— United States to assist the United States in subsection (b)(12). The rules of engage- (A) identify removable criminal aliens in Border Patrol in gaining operational control ment for the National Guard shall be equiva- Federal and State correctional facilities; of that border;’’. lent to the rules of engagement for Border (B) ensure that such aliens are not released On page 69, after line 24, add the following: Patrol agents. into the community; and SEC. 536. TEMPORARY NATIONAL GUARD SUP- (g) USE OF FORCE.—Nondeadly force may be (C) remove such aliens from the United PORT FOR SECURING THE SOUTH- used by National Guard members stationed States after the completion of their sen- ERN LAND BORDER OF THE UNITED at the southern border in the identification, tences. STATES. interrogation, search, seizure, and detention (2) EXPANSION.—The Secretary may extend (a) AUTHORITY TO PROVIDE ASSISTANCE.— of any alien in accordance with subsection the scope of the Program to all States. Until operational control of the border is (b)(12). (b) AUTHORIZATION FOR DETENTION AFTER achieved in accordance with the Secure (h) DEFINITIONS.—In this section: COMPLETION OF STATE OR LOCAL PRISON SEN- Fence Act of 2006 (Public Law 109–367), the (1) GOVERNOR OF A STATE.—The term ‘‘Gov- TENCE.—Law enforcement officers of a State Governor of a State, upon the approval of ernor of a State’’ means, in the case of the or political subdivision of a State may— the Secretary of Defense, may order any District of Columbia, the Commanding Gen- (1) hold an illegal alien for a period not to units or personnel of the National Guard of eral of the National Guard of the District of exceed 14 days after the completion of the such State— Columbia. alien’s State prison sentence to effectuate (1) to perform annual training duty under (2) NONDEADLY FORCE.—The term ‘‘non- the transfer of the alien to Federal custody section 502(a) of title 32, United States Code, deadly force’’ means physical force or re- if the alien is removable or not lawfully to carry out in any State along the southern straint that could not reasonably be ex- present in the United States; or land border of the United States the activi- pected to result in, or be capable of, causing (2) issue a detainer that would allow aliens ties authorized under subsection (b), for the death or serious bodily injury. who have served a State prison sentence to purpose of securing such border; and (3) STATE.—The term ‘‘State’’ means each be detained by the State prison until author- (2) to perform duties under section 502(f) of of the several States, the District of Colum- ized employees of United States Immigration title 32, United States Code, to provide com- bia, the Commonwealth of Puerto Rico, and Customs Enforcement can take the alien mand, control, and continuity of support for Guam, and the Virgin Islands. into custody. units or personnel performing annual train- (4) STATE ALONG THE SOUTHERN BOARDER OF (c) TECHNOLOGY USAGE.—Technology, such ing duty under paragraph (1). THE UNITED STATES.—The term ‘‘State along as videoconferencing, shall be used to the

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9980 CONGRESSIONAL RECORD — SENATE July 25, 2007 maximum extent practicable to make the shall provide a formal acceptance or declina- On page 2, line 11, strike ‘‘$100,000,000’’ and Program available in remote locations. Mo- tion for prosecution of such undocumented insert ‘‘$94,000,000’’. bile access to Federal databases of aliens, aliens. On page 18, line 2, strike ‘‘$5,039,559,000’’ such as IDENT, and live scan technology and insert ‘‘$5,045,559,000’’. shall be used to the maximum extent prac- SA 2460. Mr. SESSIONS submitted an On page 18, line 10, strike ‘‘$964,445,000’’ and ticable to make these resources available to amendment intended to be proposed by insert ‘‘$970,445,000’’. State and local law enforcement agencies in him to the bill H.R. 2638, making ap- On page 18, line 20, strike ‘‘$2,329,334,000’’ and insert ‘‘$2,335,344,000’’. remote locations. propriations for the Department of (d) REPORT TO CONGRESS.—Not later than 6 months after the date of the enactment of Homeland Security for the fiscal year SA 2462. Mrs. DOLE submitted an this Act, and annually thereafter, the Sec- ending September 30, 2008, and for amendment intended to be proposed to retary shall submit a report to Congress on other purposes; which was ordered to amendment SA 2383 proposed by Mr. the participation of States in the Program lie on the table; as follows: BYRD (for himself and Mr. COCHRAN) to and in any other program authorized under At the appropriate place, insert the fol- the bill H.R. 2638, making appropria- subsection (a). lowing: (e) AUTHORIZATION OF APPROPRIATIONS.— tions for the Department of Homeland SEC. ll. GAO STUDY OF EFFECT OF AFFIDAVIT Security for the fiscal year ending Sep- There are authorized to be appropriated OF SUPPORT ON MEANS-TESTED $30,000,000 for fiscal year 2008 to carry out the PUBLIC BENEFITS. tember 30, 2008, and for other purposes; Institutional Removal Program. (a) INQUIRY AND REPORT REQUIRED.—The as follows: SEC. ll. STRENGTHENING DEFINITION OF CON- Comptroller General of the United States On page 16, line 1, strike ‘‘may’’ and insert VICTION. shall conduct a study examining— ‘‘shall’’. Section 101(a)(48) of the Immigration and (1) the number of immigrants with a spon- Nationality Act (8 U.S.C. 1101(a)(48)) is sor who submitted an Affidavit of Support SA 2463. Mr. KERRY (for himself and amended by adding at the end the following: (I–864) on the immigrant’s behalf to the De- Ms. SNOWE) submitted an amendment ‘‘(C) Any reversal, vacatur, expungement, partment of Homeland Security or the intended to be proposed to amendment or modification of a conviction, sentence, or former Immigration and Naturalization SA 2383 proposed by Mr. BYRD (for him- conviction record that was granted to ame- Service; liorate the consequences of the conviction, self and Mr. COCHRAN) to the bill H.R. (2) the number of immigrants described in 2638, making appropriations for the De- sentence, or conviction record, or was grant- paragraph (1) who received Federal means- ed for rehabilitative purposes, or for failure tested public benefits (except those public partment of Homeland Security for the to advise the alien of the immigration con- benefits specified in section 403(c) of the Per- fiscal year ending September 30, 2008, sequences of a guilty plea or a determination sonal Responsibility and Work Opportunity and for other purposes; which was or- of guilt, shall have no effect on the immigra- Reconciliation Act of 1996 (8 U.S.C. 1613(c))) dered to lie on the table; as follows: tion consequences resulting from the origi- when the sponsor was obligated to support At the appropriate place, insert the fol- nal conviction. The alien shall have the bur- the immigrant and the total dollar value of lowing: den of demonstrating that any reversal, such benefits; vacatur, expungement, or modification was SEC. ———. TSA ACQUISITION MANAGEMENT (3) the number of immigrants described in POLICY. not granted to ameliorate the consequences paragraph (1) who received State means-test- of the conviction, sentence, or conviction (a) IN GENERAL.—Section 114 of title 49, ed public benefits (except those public bene- United States Code, is amended by striking record, for rehabilitative purposes, or for fits specified in such section 403(c)) when the failure to advise the alien of the immigra- subsection (o) and redesignating subsections sponsor was obligated to support the immi- (p) through (t) as subsections (o) through (s), tion consequences of a guilty plea or a deter- grant and the total dollar value of such bene- mination of guilt.’’. respectively. fits; (b) EFFECTIVE DATE.—The amendment (4) the number of immigrants described in SA 2459. Mr. SESSIONS submitted an made by subsection (a) shall take effect 180 paragraph (1) who received local means-test- days after the date of enactment of this Act. amendment intended to be proposed by ed public benefits (except those public bene- him to the bill H.R. 2638, making ap- fits specified in such section 403(c)) when the SA 2464. Mr. OBAMA submitted an propriations for the Department of sponsor was obligated to support the immi- amendment intended to be proposed to Homeland Security for the fiscal year grant and the total dollar value of such bene- amendment SA 2383 proposed by Mr. ending September 30, 2008, and for fits; (5) the efforts taken by Federal, State, and BYRD (for himself and Mr. COCHRAN) to other purposes; which was ordered to the bill H.R. 2638, making appropria- lie on the table; as follows: local agencies that provided means-tested public benefits described in paragraph (2), tions for the Department of Homeland At the appropriate place, insert the fol- (3), or (4) to immigrants to determine wheth- Security for the fiscal year ending Sep- lowing: er such immigrants were covered by a spon- tember 30, 2008, and for other purposes; SEC. ll. EXPANSION OF ZERO TOLERANCE POL- sor’s obligation as contracted in an Affidavit which was ordered to lie on the table; ICY TO PROSECUTE ALL ILLEGAL of Support; and as follows: ALIENS WHO ILLEGALLY ENTER THE (6) the efforts taken by the Federal, State, UNITED STATES ALONG THE SOUTH- On page 54, line 25, insert after ‘‘in ad- ERN LAND BORDER IN THE TUCSON, and local agencies described in paragraph (5) to obtain repayment from the sponsors who vance’’ the following: ‘‘, and the Secretary ARIZONA OR SAN DIEGO, CALI- posts on the Department’s website whether FORNIA SECTOR. were obligated to reimburse such agencies the grant or contract recipient has been the (a) IN GENERAL.—The Secretary of the for the benefits described in paragraph (2), subject of any civil, criminal, or administra- Homeland Security shall work with the (3), or (4) received by sponsored immigrants. tive proceedings initiated or concluded by United States Attorney offices assigned to (b) SUBMISSION OF REPORT.—Not later than the Federal Government or any State gov- the judicial district located in the Tucson, 1 year after the date of the enactment of this ernment during the most recent five-year pe- Arizona and San Diego, California sectors Act, the Comptroller General shall submit a riod’’. along the southern land border of the United report containing the results of the study conducted pursuant to subsection (a) to— States to implement a zero tolerance policy Mr. DODD (for himself, Ms. of prosecuting all undocumented aliens at- (1) the Committee on Appropriations of the SA 2465. tempting to enter the United States along Senate; COLLINS, and Mr. BAYH) submitted an the southern land border in violation of sec- (2) the Committee on the Judiciary of the amendment intended to be proposed to tion 275 of the Immigration and Nationality Senate; amendment SA 2383 proposed by Mr. Act (8 U.S.C. 1325). This policy was success- (3) the Committee on Appropriations of the BYRD (for himself and Mr. COCHRAN) to fully implemented in the Del Rio, Texas sec- House of Representatives; and the bill H.R. 2638, making appropria- tor in a program known as Operation (4) the Committee on the Judiciary of the tions for the Department of Homeland Streamline. House of Representatives. Security for the fiscal year ending Sep- (b) REQUIREMENT.—Until the zero tolerance tember 30, 2008, and for other purposes; program described in subsection (a) is fully SA 2461. Mr. SCHUMER submitted an implemented, the Secretary of Homeland Se- amendment intended to be proposed to which was ordered to lie on the table; curity shall refer all undocumented aliens amendment SA 2383 proposed by Mr. as follows: who are apprehended while attempting to BYRD (for himself and Mr. COCHRAN) to On page 69, after line 24, insert the fol- enter the United States in the Tucson, Ari- the bill H.R. 2638, making appropria- lowing: zona or San Diego, California sector along SEC. 536. (a) The amount appropriated by the southern land border in violation of sec- tions for the Department of Homeland title III for necessary expenses for programs tion 275 of such Act to the United States At- Security for the fiscal year ending Sep- authorized by the Federal Fire Prevention torneys offices assigned to the judicial dis- tember 30, 2008, and for other purposes; and Control Act of 1974 under the heading trict located in such sectors. Such offices as follows: ‘‘FIREFIGHTER ASSISTANCE GRANTS’’ is hereby

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increased by $5,000,000 for necessary expenses ‘‘(D) LIMITATION ON REQUIREMENTS.—Not- priated for the Central Intelligence Agency, to carry out the programs authorized under withstanding subparagraph (A), nothing in $25,000,000. section 34 of that Act (15 U.S.C. 2229a). this paragraph shall require the Secretary of (2) EMERGENCY REQUIREMEN6T.—The (b) The amount appropriated by title III Homeland Security to install fencing, phys- amount appropriated by paragraph (1) is under the heading ‘‘INFRASTRUCTURE PROTEC- ical barriers, roads, lighting, cameras, and hereby designated as an emergency require- TION AND INFORMATION SECURITY’’ is hereby sensors in a particular location along an ment pursuant to section 204 of S.Con.Res.21 reduced by $2,000,000. international border of the United States, if (110th Congress). (c) The amount appropriated by title I the Secretary determines that the use or under the heading ‘‘ANALYSIS AND OPER- placement of such resources is not the most SA 2469. Mr. COCHRAN (for himself ATIONS’’ is hereby reduced by $3,000,000. appropriate means to achieve and maintain and Mr. LOTT) submitted an amend- operational control over the international ment intended to be proposed to SA 2466. Mrs. HUTCHISON (for her- border at such location.’’; and amendment SA 2383 proposed by Mr. self, Mr. BINGAMAN, Mr. DOMENICI, Mrs. (D) in paragraph (5), as redesignated, by BYRD (for himself and Mr. COCHRAN) to FEINSTEIN, Mr. CORNYN, and Mrs. striking ‘‘to carry out this subsection not to exceed $12,000,000’’ and inserting ‘‘such sums the bill H.R. 2638, making appropria- BOXER) submitted an amendment in- tions for the Department of Homeland tended to be proposed by her to the bill as may be necessary to carry out this sub- section’’. Security for the fiscal year ending Sep- H.R. 2638, making appropriations for tember 30, 2008, and for other purposes; the Department of Homeland Security SA 2467. Mr. COBURN (for himself which was ordered to lie on the table; for the fiscal year ending September 30, and Mr. OBAMA) submitted an amend- as follows: 2008, and for other purposes; which was ment intended to be proposed to On page 64, between lines 6 and 7, insert ordered to lie on the table; as follows: amendment SA 2383 proposed by Mr. the following: At the appropriate place, insert the fol- BYRD (for himself and Mr. COCHRAN) to (d) Notwithstanding section 404 of the Rob- lowing: the bill H.R. 2638, making appropria- ert T. Stafford Disaster Relief and Emer- SEC. ll. IMPROVEMENT OF BARRIERS AT BOR- tions for the Department of Homeland gency Assistance Act (42 U.S.C. 5170c), DER. Security for the fiscal year ending Sep- projects relating to Hurricanes Katrina and Section 102 of the Illegal Immigration Re- Rita for which the non-Federal share of as- form and Immigrant Responsibility Act of tember 30, 2008, and for other purposes; sistance under that section is funded by 1996 (8 U.S.C. 1103 note) is amended— which was ordered to lie on the table; amounts appropriated to the Community De- (1) in subsection (a), by striking ‘‘Attorney as follows: velopment Fund under chapter 9 of title I of General, in consultation with the Commis- On page 69, after line 24, add the following: division B of the Department of Defense, sioner of Immigration and Naturalization,’’ SEC. 536. DATA RELATING TO DECLARATIONS OF Emergency Supplemental Appropriations to and inserting ‘‘Secretary of Homeland Secu- A MAJOR DISASTER. Address Hurricanes in the Gulf of Mexico, rity’’; and (a) IN GENERAL.—Notwithstanding any and Pandemic Influenza Act, 2006 (Public (2) in subsection (b)— other provision of law, except as provided in Law 109–148; 119 Stat. 2779) or chapter 9 of (A) in the subsection heading, by striking subsection (b), and not later than 30 days title II of the Emergency Supplemental Ap- ‘‘IN THE BORDER AREA’’ and inserting ‘‘ALONG after the date that the President determines propriations Act for Defense, the Global War THE BORDER’’; whether to declare a major disaster because on Terror, and Hurricane Recovery, 2006 (B) by redesignating paragraphs (1), (2), (3), of an event, the Administrator shall submit (Public Law 109–234; 120 Stat. 472) shall not and (4) as paragraphs (2), (3), (4), and (5), re- to the Committee on Homeland Security and be subject to any precertification require- spectively; Governmental Affairs of the Senate and the ments. (C) in paragraph (2), as redesignated— Committee on Homeland Security of the (i) in the paragraph heading, by striking House of Representatives, and publish on the SA 2470. Mr. STEVENS submitted an ‘‘SECURITY FEATURES’’ and inserting ‘‘ADDI- website of the Federal Emergency Manage- amendment intended to be proposed to TIONAL FENCING ALONG SOUTHWEST BORDER’’; ment Agency, a report regarding that deci- amendment SA 2383 proposed by Mr. and sion, which shall include all data used to de- BYRD (for himself and Mr. COCHRAN) to (ii) by striking subparagraphs (A) through termine whether— the bill H.R. 2638, making appropria- (C) and inserting the following: (1) to declare a major disaster; or ‘‘(A) REINFORCED FENCING.—In carrying out (2) a State will be eligible for assistance tions for the Department of Homeland subsection (a), the Secretary of Homeland under title IV of the Robert T. Stafford Dis- Security for the fiscal year ending Sep- Security shall construct reinforced fencing aster Relief and Emergency Assistance Act tember 30, 2008, and for other purposes; along not less than 700 miles of the south- (42 U.S.C. 5170 et seq.). which was ordered to lie on the table; west border where fencing would be most (b) EXCEPTION.—The Administrator may as follows: practical and effective and provide for the redact from a report under subsection (a) On page 7, line 7, insert after ‘‘operations;’’ installation of additional physical barriers, any data that the Administrator determines the following: of which $20,000,000 shall be roads, lighting, cameras, and sensors to gain would compromise national security. utilized to develop and implement a Model operational control of the southwest border. (c) DEFINITIONS.—In this section— Ports of Entry program at the 20 United ‘‘(B) PRIORITY AREAS.—In carrying out this (1) the term ‘‘Administrator’’ means the States international airports with the great- section, the Secretary of Homeland Security Administrator of the Federal Emergency est average annual number of arriving for- shall— Management Agency; and eign visitors to provide a more efficient and ‘‘(i) identify the 370 miles along the south- (2) the term ‘‘major disaster’’ has the welcoming international arrival process in west border where fencing would be most meaning given that term in section 102 of the order to facilitate and promote business and practical and effective in deterring smug- Robert T. Stafford Disaster Relief and Emer- leisure travel to the United States, while glers and aliens attempting to gain illegal gency Assistance Act (42 U.S.C. 5122). also improving security;’’ entry into the United States; and ‘‘(ii) not later than December 31, 2008, com- SA 2468. Ms. LANDRIEU proposed an SA 2471. Mr. STEVENS submitted an plete construction of reinforced fencing amendment to amendment SA 2383 pro- along the 370 miles identified under clause amendment intended to be proposed to posed by Mr. BYRD (for himself and Mr. amendment SA 2383 proposed by Mr. (i). OCHRAN C ) to the bill H.R. 2638, making BYRD (for himself and Mr. COCHRAN) to ‘‘(C) CONSULTATION.— appropriations for the Department of ‘‘(i) IN GENERAL.—In carrying out this sec- the bill H.R. 2638, making appropria- tion, the Secretary of Homeland Security Homeland Security for the fiscal year tions for the Department of Homeland shall consult with the Secretary of Interior, ending September 30, 2008, and for Security for the fiscal year ending Sep- the Secretary of Agriculture, States, local other purposes; as follows: tember 30, 2008, and for other purposes; governments, Indian tribes, and property At the end, add the following: which was ordered to lie on the table; owners in the United States to minimize the SEC. 536. (a) POLICY OF THE UNITED as follows: impact on the environment, culture, com- STATES.—It shall be the policy of the United merce, and quality of life for the commu- States Government that the foremost objec- On page 7, line 7, insert after ‘‘operations;’’ nities and residents located near the sites at tive of the United States in the Global War the following: ‘‘of which such sums shall hire which such fencing is to be constructed. on Terror and in protecting the United and deploy 200 additional CBP officers at do- ‘‘(ii) SAVINGS PROVISION.—Nothing in this States Homeland is to capture or kill Osama mestic airports receiving significant num- subparagraph may be construed to— bin Laden, Ayman al-Zawahiri, and other bers of international passengers to alleviate ‘‘(I) create any right of action for a State, members of al Qaeda and to destroy the al wait times at such airports;’’ local government, or other person or entity Qaeda network. affected by this subsection; or (b) FUNDING.— SA 2472. Mrs. CLINTON submitted an ‘‘(II) affect the eminent domain laws of the (1) ADDITIONAL AMOUNT FOR COUNTERTER- amendment intended to be proposed to United States or of any State. RORIST OPERATIONS.—There is hereby appro- amendment SA 2383 proposed by Mr.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9982 CONGRESSIONAL RECORD — SENATE July 25, 2007 BYRD (for himself and Mr. COCHRAN) to the liability remains unsatisfied or for which retary of Homeland Security amends such the bill H.R. 2638, making appropria- the lien has not been released. regulations to provide an exemption for agri- tions for the Department of Homeland cultural producers, rural homesteads, and Mrs. CLINTON (for herself, Security for the fiscal year ending Sep- SA 2474. small business concerns (as that term is de- Mr. KENNEDY, Mr. SCHUMER, Mr. LAU- fined in section 3 of the Small Business Act tember 30, 2008, and for other purposes; TENBERG, Mr. AKAKA, Mr. LIEBERMAN, (15 U.S.C. 632)) that store propane in an which was ordered to lie on the table; Mr. KERRY, Ms. COLLINS, Ms. MIKULSKI, amount more than 7,500 pounds and not more as follows: than 100,800 pounds. Mr. CARDIN, and Mr. MENENDEZ) sub- (b) EXCEPTIONS.— On page 69, after line 24, insert the fol- mitted an amendment intended to be lowing: (1) IMMEDIATE OR IMMINENT THREAT.—Sub- SEC. 536. None of funds made available in proposed to amendment SA 2383 pro- section (a) shall not apply if the Secretary of this or any other Act for fiscal year 2008 may posed by Mr. BYRD (for himself and Mr. Homeland Security submits a report to Con- be used to enforce section 4025(1) of Public COCHRAN) to the bill H.R. 2638, making gress outlining an immediate or imminent Law 108–458 until the Assistant Secretary appropriations for the Department of threat against such stored quantities of pro- (Transportation Security Administration) Homeland Security for the fiscal year pane in rural locations. submits to the Committee on Appropriations ending September 30, 2008, and for (2) QUANTITY.—Subsection (a) shall not of the Senate, the Committee on Appropria- other purposes; which was ordered to apply to any action by the Secretary of tions of the House of Representatives, the Homeland Security to enforce the interim Committee on Homeland Security and Gov- lie on the table; as follows: final regulations described in that subsection ernmental Affairs of the Senate, the Com- On page 17, line 6, before the period, insert relating to stored quantities of propane, if mittee on Homeland Security of the House of the following: ‘‘: Provided further, the Sec- the stored quantity of propane is more than Representatives, and the Committee on retary of Homeland Security shall ensure 100,800 pounds. Commerce, Science, and Transportation of that the workforce of the Federal Protective (c) RULE OF CONSTRUCTION.—Except with the Senate, a report identifying all antici- Service includes not fewer than 1,200 Com- respect to stored quantities of propane, noth- pated security benefits and any possible manders, Police Officers, Inspectors, and ing in this section may be construed to limit vulnerabilities associated with allowing bu- Special Agents engaged on a daily basis in the application of the interim final regula- tane lighters into airport sterile areas and protecting Federal buildings (under this tions issued under section 550(a) of the De- onboard commercial aircraft, including anal- heading referred to as ‘in-service’): Provided partment of Homeland Security Appropria- ysis in support of the conclusions reached. further, That the Secretary of Homeland Se- tions Act, 2007 (6 U.S.C. 121 note). The Comptroller General of the United curity and the Director of the Office of Man- States shall report on the Comptroller Gen- agement and Budget shall adjust fees as nec- f eral’s assessment of the report submitted by essary to ensure full funding of not fewer the Transportation Security Administration than 1,200 in-service Commanders, Police Of- NOTICES OF HEARINGS to the Committees within 180 days of its sub- ficers, Inspectors, and Special Agents at the COMMITTEE ON SMALL BUSINESS AND mission. The Assistant Secretary (Transpor- Federal Protective Service’’. ENTREPRENEURSHIP tation Security Administration) shall not SA 2475. Mr. STEVENS submitted an Mr. KERRY. Mr. President, I would take any action to allow butane lighters into like to inform the Members that the airport sterile areas or onboard commercial amendment intended to be proposed to aircraft until at least 60 days after the amendment SA 2383 proposed by Mr. Committee on Small Business and En- Comptroller General submits the Comp- BYRD (for himself and Mr. COCHRAN) to trepreneurship will hold a staff-led troller General’s assessment of the Transpor- the bill H.R. 2638, making appropria- public roundtable entitled ‘‘Reauthor- tation Security Administration report. tions for the Department of Homeland ization of the Small Business Innova- tion Research Programs: National SA 2473. Mr. OBAMA (for himself, Security for the fiscal year ending Sep- tember 30, 2008, and for other purposes; Academies’ Findings and Recommenda- Mr. COBURN, and Mr. CASEY) submitted tions,’’ on August 1, 2007, at 10 a.m. in an amendment intended to be proposed which was ordered to lie on the table; as follows: room 428A of the Russell Senate Office to amendment SA 2383 proposed by Mr. Building. BYRD (for himself and Mr. COCHRAN) to On page 7, line 7, insert after ‘‘operations;’’ SUBCOMMITTEE ON WATER AND POWER the bill H.R. 2638, making appropria- the following: ‘‘of which $20,000,000 shall be utilized to develop and implement a Model tions for the Department of Homeland Mr. BINGAMAN. Mr. President, I Ports of Entry program at the 20 United would like to announce for the infor- Security for the fiscal year ending Sep- States international airports that have the tember 30, 2008, and for other purposes; mation of the Senate and the public highest number of foreign visitors arriving that a hearing has been scheduled be- which was ordered to lie on the table; annually as determined pursuant to the most fore the Subcommittee on Water and as follows: recent data collected by the United States Power of the Committee on Energy and On page 69, after line 24, insert the fol- Customs and Border Protection available on lowing: the date of enactment of this Act, to provide Natural Resources. The hearing will be SEC. 536. None of the funds appropriated or a more efficient and welcoming inter- held on August 1, 2007, at 2:30 p.m., in otherwise made available by this Act may be national arrival process in order to facilitate room 366 of the Dirksen Senate Office used to enter into a contract in an amount and promote business and leisure travel to Building in Washington, DC. greater than $2 million or to award a grant the United States, while also improving se- The purpose of the hearing is to re- in excess of such amount unless the prospec- curity;’’ ceive testimony on the following bills: tive contractor or grantee certifies in writ- SA 2476. Mr. COCHRAN (for Mr. S. 1054 and H.R. 122, to amend the Rec- ing to the agency awarding the contract or lamation Wastewater and Groundwater grant that the contractor or grantee owes no GRASSLEY) proposed an amendment to past due Federal tax liability or that the amendment SA 2383 proposed by Mr. Study and Facilities Act to authorize contractor or grantee has entered into an in- BYRD (for himself and Mr. COCHRAN) to the Secretary of the Interior to partici- stallment agreement or other plan approved the bill H.R. 2638, making appropria- pate in the Inland Empire regional re- by the Internal Revenue Service to repay tions for the Department of Homeland cycling project and in the Cucamonga any outstanding past due Federal tax liabil- Security for the fiscal year ending Sep- Valley Water District recycling ity. For purposes of the preceding sentence, project; S. 1472, to authorize the Sec- the certification requirement of part 52.209-5 tember 30, 2008, and for other purposes; as follows: retary of the Interior to create a Bu- of the Federal Acquisition Regulation shall reau of Reclamation partnership with also include a requirement for a certification On page 69, after line 24, add the following: the North Bay Water Reuse Authority by a prospective contractor of whether, with- SEC. 536. CHEMICAL FACILITY ANTITERRORISM in the three-year period preceding the offer STANDARDS. and other regional partners to achieve for the contract, the prospective con- (a) IN GENERAL.—Except as provided in objectives relating to water supply, tractor— subsection (b), none of the funds in this Act water quality, and environmental res- (1) has or has not been convicted of or had may be used to enforce the interim final reg- toration; S. 1475 and H.R. 1526, to a civil judgment or other judicial determina- ulations relating to stored quantities of pro- amend the Reclamation Wastewater tion rendered against the contractor for vio- pane issued under section 550(a) of the De- and Groundwater Study and Facilities lating any tax law or failing to pay any tax; partment of Homeland Security Appropria- Act to authorize the Bay Area Re- (2) has or has not been notified of any de- tions Act, 2007 (6 U.S.C. 121 note), including linquent taxes for which the liability re- the regulations relating to stored quantities gional Water Recycling Program, and mains unsatisfied; or of propane in an amount more than 7,500 for other purposes; H.R. 30, to amend (3) has or has not received a notice of a tax pounds under Appendix A to part 27 of title the Reclamation Wastewater and lien filed against the contractor for which 6, Code of Federal Regulations, until the Sec- Groundwater Study and Facilities Act

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9983 to authorize the Secretary of the Inte- retary of Health and Human Services, a.m. to consider the nomination of rior to participate in the Eastern Mu- Department of Health and Human Dennis R. Schrader to be Deputy Ad- nicipal Water District Recycled Water Services; The Honorable David H. ministrator for National Preparedness, System Pressurization and Expansion McCormick to be Under Secretary for Federal Emergency Management Agen- Project; H.R. 609, to amend the Rec- International Affairs, U.S. Department cy, U.S. Department of Homeland Se- lamation Wastewater and Groundwater of the Treasury; Mr. Kerry N. Weems curity. Study and Facilities Act to authorize to be Administrator of the Centers for The PRESIDING OFFICER. Without the Secretary of the Interior to partici- Medicare and Medicaid Services; Mr. objection, it is so ordered. pate in the Central Texas Water Recy- Peter B. McCarthy to be Assistant Sec- COMMITTEE ON RULES AND ADMINISTRATION cling and Reuse Project, and for other retary for Management and Chief Fi- Mr. CARDIN. Mr. President, I ask purposes; and H.R. 1175, to amend the nancial Officer, U.S. Department of the unanimous consent that the Com- Reclamation Wastewater and Ground- Treasury; and Mr. Charles E.F. Millard mittee on Rules and Administration be water Study and Facilities Act to the to be Director of the Pension Benefit authorized to meet during the session ceiling on the Federal share of the Guaranty Corporation. of the Senate on Wednesday, July 25, costs of phase I of the Orange County, The PRESIDING OFFICER. Without 2007, at 10 a.m., in order to conduct a California, Regional Water Reclama- objection, it is so ordered. hearing to receive testimony on S. 1487, tion Project. COMMITTEE ON FOREIGN RELATIONS the Ballot Integrity Act of 2007. Because of the limited time available Mr. CARDIN. Mr. President, I ask The PRESIDING OFFICER. Without for the hearing, witnesses may testify unanimous consent that the Com- objection, it is so ordered. by invitation only. However, those mittee on Foreign Relations be author- COMMITTEE ON SMALL BUSINESS AND wishing to submit written testimony ized to meet during the session of the ENTREPRENEURSHIP for the hearing record should send it to Senate on Wednesday, July 25, 2007, at Mr. CARDIN. Mr. President, I ask the Committee on Energy and Natural 9:30 a.m., to hold a hearing on the unanimous consent that the Com- Resources, United States Senate, Peace Corps. mittee on Small Business and Entre- Washington, DC 20510–6150, or by email The PRESIDING OFFICER. Without preneurship be authorized to meet dur- to: Gina [email protected]. objection, it is so ordered. ing the session of the Senate in order For further information, please con- COMMITTEE ON FOREIGN RELATIONS to conduct a hearing entitled ‘‘Over- tact Michael Connor at (202) 224–5479 or Mr. CARDIN. Mr. President, I ask sight: Gulf Coast Disaster Loans and Gina Weinstock at (202) 224–5684. unanimous consent that the Com- the Future of the Disaster Assistance f mittee on Foreign Relations be author- Program,’’ on Wednesday, July 25, 2007, ized to meet during the session of the beginning at 10 a.m. in room 428A of AUTHORITY FOR COMMITTEES TO Senate on Wednesday, July 25, 2007, at the Russell Senate Office Building. MEET 2:30 p.m. to hold a hearing on Pakistan. The PRESIDING OFFICER. Without COMMITTEE ON COMMERCE, SCIENCE, AND The PRESIDING OFFICER. Without objection, it is so ordered. TRANSPORTATION objection, it is so ordered. COMMITTEE ON VETERANS’ AFFAIRS Mr. CARDIN. Mr. President, I ask COMMITTEE ON HEALTH, EDUCATION, LABOR, Mr. CARDIN. Mr. President, I ask unanimous consent that the Com- AND PENSIONS unanimous consent that the Com- mittee on Commerce, Science, and Mr. CARDIN. Mr. President, I ask mittee on Veterans’ Affairs be author- Transportation be authorized to hold a unanimous consent that the Com- ized to meet during the session of the hearing during the session of the Sen- mittee on Health, Education, Labor, Senate on Wednesday, July 25, 2007, in ate on Wednesday, July 25, 2007, at 2:30 and Pensions be authorized to meet in order to conduct a hearing on VA p.m., in room 253 of the Russell Senate executive session during the session of health care funding. The hearing will Office Building. the Senate on Wednesday, July 25, 2007 begin at 9:30 a.m. The purpose of this hearing is to ex- at 10 a.m. in SD–106 and on Thursday, The PRESIDING OFFICER. Without plore the U.S.-China trading relation- July 26, 2007, at 10 a.m. in SR–325. We objection, it is so ordered. ship, with analysis of the current sta- will be considering the following: JOINT ECONOMIC COMMITTEE tus of trade between the two nations 1. S. 625, Family Smoking Prevention Mr. CARDIN. Mr. President, I ask and the impact of U.S.-China trade on and Tobacco Control Act unanimous consent that the Joint Eco- U.S. manufacturers, consumers, and 2. S. 1183, Christopher and Dana nomic Committee be authorized to con- workers. Reeve Paralysis Act duct a hearing entitled, ‘‘A Local Look The PRESIDING OFFICER. Without 3. S. 579, Breast Cancer and Environ- at the National Foreclosure Crisis: objection, it is so ordered. mental Research Act of 2007 Cleveland Families, Neighborhoods, COMMITTEE ON ENERGY AND NATURAL 4. S. 898, Alzheimer’s Breakthrough Economy Under Siege from the RESOURCES Act of 2007 Subprime Mortgage Fallout’’, in room Mr. CARDIN. Mr. President, I ask 5. S. ll, Newborn Screening Saves 216 of the Hart Senate Office Building, unanimous consent that the Com- Lives Act of 2007 Wednesday, July 25, 2007, from 9:30 a.m. mittee on Energy and Natural Re- 6. The Following Nominations: Diane to 1 p.m. sources be authorized to hold a busi- Auer Jones, of Maryland, to be Assist- The PRESIDING OFFICER. Without ness meeting during the session of the ant Secretary for Postsecondary Edu- objection, it is so ordered. Senate on Wednesday, July 25, at 11:30 cation, Department of Education; SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- a.m., in room SD–366 of the Dirksen David C. Geary, of Missouri, to be a AGEMENT, GOVERNMENT INFORMATION, FED- Senate Office Building. Member of the Board of Directors of ERAL SERVICES, AND INTERNATIONAL SECU- The purpose of the business meeting the National Board for Education RITY is to consider pending calendar busi- Sciences; and Mr. CARDIN. Mr. President, I ask ness. Miguel Campaneria, of Puerto Rico, unanimous consent that the Com- The PRESIDING OFFICER. Without to be a Member of the National Council mittee on Homeland Security and Gov- objection, it is so ordered. on the Arts. ernmental Affairs’ Subcommittee on COMMITTEE ON FINANCE Any nominations cleared for action. Federal Financial Management, Gov- Mr. CARDIN. Mr. President, I ask The PRESIDING OFFICER. Without ernment Information, Federal Serv- unanimous consent that the Com- objection, it is so ordered. ices, and International Security be au- mittee on Finance be authorized to COMMITTEE ON HOMELAND SECURITY AND thorized to meet on Wednesday, July meet during the session of the Senate GOVERNMENTAL AFFAIRS 25, 2007, at 3 p.m. in order to conduct a on Wednesday, July 25, 2007, at 10 a.m., Mr. CARDIN. Mr. President, I ask hearing entitled ‘‘The Road Ahead II: in room 215 of the Dirksen Senate Of- unanimous consent that the Com- Views from the Postal Workforce on fice Building in order to hear testi- mittee on Homeland Security and Gov- Implementing Postal Reform,’’ mony regarding the nominations of Dr. ernmental Affairs be authorized to The PRESIDING OFFICER. Without Tevi David Troy to be Deputy Sec- meet on Wednesday, July 25, 2007, at 10 objection, it is so ordered.

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SUBCOMMITTEE ON SUPERFUND AND Sec. 308. Allotments to institutions. Sec. 483. Transfer of allotments. ENVIRONMENTAL HEALTH Sec. 309. Professional or graduate institu- Sec. 484. Purpose of administrative pay- Mr. CARDIN. Mr. President, I ask tions. ments. unanimous consent that the Sub- Sec. 310. Authority of the Secretary. Sec. 485. Advisory Committee on student fi- Sec. 311. Authorization of appropriations. nancial assistance. committee on Superfund and Environ- Sec. 312. Technical corrections. Sec. 486. Regional meetings. mental Health be authorized to meet TITLE IV—STUDENT ASSISTANCE Sec. 487. Year 2000 requirements at the De- during the session of the Senate on partment. Wednesday, July 25, 2007, at 2 p.m. in PART A—GRANTS TO STUDENTS IN AT- TENDANCE AT INSTITUTIONS OF HIGH- PART G—PROGRAM INTEGRITY room 406 of the Dirksen Senate Office ER EDUCATION Sec. 491. Recognition of accrediting agency Building in order to conduct a hearing Sec. 401. Federal Pell Grants. or association. entitled, ‘‘Oversight of EPA’s Environ- Sec. 402. Academic competitiveness grants. Sec. 492. Administrative capacity standard. mental Justice Programs.’’ Sec. 403. Federal Trio Programs. Sec. 493. Program review and data. The PRESIDING OFFICER. Without Sec. 404. Gaining early awareness and readi- Sec. 494. Timely information about loans. objection, it is so ordered. ness for undergraduate pro- Sec. 495. Auction evaluation and report. TITLE V—DEVELOPING INSTITUTIONS f grams. Sec. 405. Academic achievement incentive Sec. 501. Authorized activities. HIGHER EDUCATION AMENDMENTS scholarships. Sec. 502. Postbaccalaureate opportunities OF 2007 Sec. 406. Federal supplemental educational for Hispanic Americans. opportunity grants. Sec. 503. Applications. On Tuesday, July 24, 2007, the Senate Sec. 407. Leveraging Educational Assistance passed S. 1642, as follows: Sec. 504. Cooperative arrangements. Partnership program. Sec. 505. Authorization of appropriations. S. 1642 Sec. 408. Special programs for students TITLE VI—INTERNATIONAL EDUCATION whose families are engaged in Be it enacted by the Senate and House of Rep- PROGRAMS resentatives of the United States of America in migrant and seasonal farm- Sec. 601. Findings. Congress assembled, work. Sec. 409. Robert C. Byrd Honors Scholarship Sec. 602. Graduate and undergraduate lan- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Program. guage and area centers and pro- (a) SHORT TITLE.—This Act may be cited as Sec. 410. Child care access means parents in grams. the ‘‘Higher Education Amendments of 2007’’. school. Sec. 603. Undergraduate international stud- (b) TABLE OF CONTENTS.—The table of con- Sec. 411. Learning anytime anywhere part- ies and foreign language pro- tents for this Act is as follows: nerships. grams. Sec. 1. Short title; table of contents. Sec. 604. Research; studies. PART B—FEDERAL FAMILY EDUCATION Sec. 2. References. Sec. 605. Technological innovation and co- LOAN PROGRAM Sec. 3. General effective date. operation for foreign informa- Sec. 421. Federal payments to reduce stu- TITLE I—GENERAL PROVISIONS tion access. dent interest costs. Sec. 606. Selection of certain grant recipi- Sec. 101. Additional definitions. Sec. 422. Federal Consolidation Loans. ents. Sec. 102. General definition of institution of Sec. 423. Default reduction program. Sec. 607. American overseas research cen- higher education. Sec. 424. Reports to consumer reporting ters. Sec. 103. Definition of institution of higher agencies and institutions of Sec. 608. Authorization of appropriations for education for purposes of title higher education. international and foreign lan- IV programs. Sec. 425. Common forms and formats. guage studies. Sec. 104. Protection of student speech and Sec. 426. Student loan information by eligi- Sec. 609. Centers for international business association rights. ble lenders. education. Sec. 105. Accreditation and Institutional Sec. 427. Consumer education information. Sec. 610. Education and training programs. Quality and Integrity Advisory Sec. 428. Definition of eligible lender. Sec. 611. Authorization of appropriations for Committee. Sec. 429. Discharge and cancellation rights business and international edu- Sec. 106. Drug and alcohol abuse prevention. in cases of disability. cation programs. Sec. 107. Prior rights and obligations. PART C—FEDERAL WORK-STUDY Sec. 612. Minority foreign service profes- Sec. 108. Transparency in college tuition for PROGRAMS sional development program. consumers. Sec. 613. Institutional development. Sec. 109. Databases of student information Sec. 441. Authorization of appropriations. Sec. 614. Study abroad program. prohibited. Sec. 442. Allowance for books and supplies. Sec. 615. Advanced degree in international Sec. 110. Clear and easy-to-find information Sec. 443. Grants for Federal work-study pro- relations. on student financial aid. grams. Sec. 616. Internships. Sec. 110A. State higher education informa- Sec. 444. Job location and development pro- Sec. 617. Financial assistance. tion system pilot program. grams. Sec. 618. Report. Sec. 111. Performance-based organization for Sec. 445. Work colleges. Sec. 619. Gifts and donations. the delivery of Federal student PART D—FEDERAL PERKINS LOANS Sec. 620. Authorization of appropriations for financial assistance. Sec. 451. Program authority. the Institute for International Sec. 112. Procurement flexibility. Sec. 451A. Allowance for books and supplies. Public Policy. Sec. 113. Institution and lender reporting Sec. 451B. Perkins loan forbearance. Sec. 621. Definitions. and disclosure requirements. Sec. 452. Cancellation of loans for certain Sec. 622. Assessment and enforcement. Sec. 114. Employment of postsecondary edu- public service. TITLE VII—GRADUATE AND POSTSEC- cation graduates. PART E—NEED ANALYSIS Sec. 115. Foreign medical schools. ONDARY IMPROVEMENT PROGRAMS Sec. 116. Demonstration and certification Sec. 461. Cost of attendance. Sec. 701. Purpose. Sec. 462. Definitions. regarding the use of certain Sec. 702. Allocation of Jacob K. Javits Fel- Federal funds. PART F—GENERAL PROVISIONS lowships. RELATING TO STUDENT ASSISTANCE Sec. 703. Stipends. TITLE II—TEACHER QUALITY Sec. 471. Definitions. Sec. 704. Authorization of appropriations for ENHANCEMENT Sec. 472. Compliance calendar. the Jacob K. Javits Fellowship Sec. 473. Forms and regulations. Program. Sec. 201. Teacher quality partnership grants. Sec. 474. Student eligibility. Sec. 705. Institutional eligibility under the Sec. 202. General provisions. Sec. 475. Statute of limitations and State Graduate Assistance in Areas of TITLE III—INSTITUTIONAL AID court judgments. National Need Program. Sec. 301. Program purpose. Sec. 476. Institutional refunds. Sec. 706. Awards to graduate students. Sec. 302. Definitions; eligibility. Sec. 477. Institutional and financial assist- Sec. 707. Additional assistance for cost of Sec. 303. American Indian tribally con- ance information for students. education. trolled colleges and univer- Sec. 478. Entrance counseling required. Sec. 708. Authorization of appropriations for sities. Sec. 479. National Student Loan Data Sys- the Graduate Assistance in Sec. 304. Alaska Native and Native Hawai- tem. Areas of National Need Pro- ian-serving institutions. Sec. 480. Early awareness of financial aid gram. Sec. 305. Native American-serving, nontribal eligibility. Sec. 709. Legal educational opportunity pro- institutions. Sec. 481. Program participation agreements. gram. Sec. 306. Part B definitions. Sec. 482. Regulatory relief and improve- Sec. 710. Fund for the improvement of post- Sec. 307. Grants to institutions. ment. secondary education.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 0655 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9985 Sec. 711. Special projects. peal is expressed in terms of an amendment Labor and Human Resources of the Senate Sec. 712. Authorization of appropriations for to, or repeal of, a section or other provision, and the Committee on Education and the the fund for the improvement the reference shall be considered to be made Workforce of the House of Representatives’’ of postsecondary education. to a section or other provision of the Higher and inserting ‘‘authorizing committees’’; Sec. 713. Repeal of the urban community Education Act of 1965 (20 U.S.C. 1001 et seq.). (2) in section 141(d)(4)(B) (20 U.S.C. service program. SEC. 3. GENERAL EFFECTIVE DATE. 1018(d)(4)(B)), by striking ‘‘Committee on Sec. 714. Grants for students with disabil- Except as otherwise provided in this Act or Education and the Workforce of the House of ities. the amendments made by this Act, the Representatives and the Committee on Sec. 715. Applications for demonstration amendments made by this Act shall take ef- Labor and Human Resources of the Senate’’ projects to ensure students fect on the date of enactment of this Act. and inserting ‘‘authorizing committees’’; with disabilities receive a qual- TITLE I—GENERAL PROVISIONS (3) in section 401(f)(3) (20 U.S.C. 1070a(f)(3)), ity higher education. SEC. 101. ADDITIONAL DEFINITIONS. by striking ‘‘to the Committee on Appropria- Sec. 716. Authorization of appropriations for (a) AMENDMENT.—Section 103 (20 U.S.C. tions’’ and all that follows through ‘‘House demonstration projects to en- 1003) is amended— of Representatives’’ and inserting ‘‘to the sure students with disabilities (1) by redesignating paragraphs (9) through Committee on Appropriations of the Senate, receive a quality higher edu- (16) as paragraphs (13) through (20); respec- the Committee on Appropriations of the cation. tively; House of Representatives, and the author- Sec. 717. Research grants. (2) by redesignating paragraphs (4) through izing committees’’; (4) in section 428 (20 U.S.C. 1078)— TITLE VIII—MISCELLANEOUS (8) as paragraphs (7) through (11), respec- (A) in subsection (c)(9)(K), by striking Sec. 801. Miscellaneous. tively; (3) by redesignating paragraphs (1), (2), and ‘‘House Committee on Education and the Sec. 802. Additional programs. Workforce and the Senate Committee on Sec. 803. Student loan clearinghouse. (3) as paragraphs (2), (4), and (5), respec- tively; Labor and Human Resources’’ and inserting Sec. 804. Minority serving institutions for (4) by inserting before paragraph (2) (as re- ‘‘authorizing committees’’; advanced technology and edu- designated by paragraph (2)) the following: (B) in the matter following paragraph (2) of cation. ‘‘(1) AUTHORIZING COMMITTEES.—The term subsection (g), by striking ‘‘Committee on TITLE IX—AMENDMENTS TO OTHER ‘authorizing committees’ means the Com- Labor and Human Resources of the Senate LAWS mittee on Health, Education, Labor, and and the Committee on Education and the PART A—EDUCATION OF THE DEAF ACT Pensions of the Senate and the Committee Workforce of the House of Representatives’’ OF 1986 on Education and Labor of the House of Rep- and inserting ‘‘authorizing committees’’; and resentatives.’’; (C) in subsection (n)(4), by striking ‘‘Com- Sec. 901. Laurent Clerc National Deaf Edu- mittee on Education and the Workforce of cation Center. (5) by inserting after paragraph (2) (as re- designated by paragraph (3)) the following: the House of Representatives and the Com- Sec. 902. Agreement with Gallaudet Univer- mittee on Labor and Human Resources of the sity. ‘‘(3) CRITICAL FOREIGN LANGUAGE.—The term ‘critical foreign language’ means each Senate’’ and inserting ‘‘authorizing commit- Sec. 903. Agreement for the National Tech- tees’’; nical Institute for the Deaf. of the languages contained in the list of crit- ical languages designated by the Secretary (5) in section 428A(c) (20 U.S.C. 1078–1(c))— Sec. 904. Cultural experiences grants. (A) in the matter preceding subparagraph Sec. 905. Audit. in the Federal Register on August 2, 1985 (50 Fed. Reg. 149, 31412; promulgated under the (A) of paragraph (2), by striking ‘‘Chair- Sec. 906. Reports. person’’ and all that follows through ‘‘House Sec. 907. Monitoring, evaluation, and report- authority of section 212(d) of the Education for Economic Security Act (repealed by sec- of Representatives’’ and inserting ‘‘members ing. of the authorizing committees’’; Sec. 908. Liaison for educational programs. tion 2303 of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary (B) in paragraph (3), by striking ‘‘Chair- Sec. 909. Federal endowment programs for School Improvement Amendments of 1988)), person’’ and all that follows through ‘‘House Gallaudet University and the except that in the implementation of this of Representatives’’ and inserting ‘‘members National Technical Institute definition with respect to a specific title, the of the authorizing committees’’; and for the Deaf. Secretary may set priorities according to the (C) in paragraph (5), by striking ‘‘Chair- Sec. 910. Oversight and effect of agreements. purposes of such title and the national secu- person’’ and all that follows through ‘‘House Sec. 911. International students. rity, economic competitiveness, and edu- of Representatives’’ and inserting ‘‘members Sec. 912. Research priorities. cational needs of the United States.’’; of the authorizing committees’’; Sec. 913. Authorization of appropriations. (6) by inserting after paragraph (5) (as re- (6) in section 432 (20 U.S.C. 1082)— PART B—UNITED STATES INSTITUTE OF designated by paragraph (3)) the following: (A) in subsection (f)(1)(C), by striking ‘‘the PEACE ACT ‘‘(6) DISTANCE EDUCATION.— Committee on Education and the Workforce of the House of Representatives or the Com- Sec. 921. United States Institute of Peace ‘‘(A) IN GENERAL.—Except as otherwise pro- Act. vided, the term ‘distance education’ means mittee on Labor and Human Resources of the education that uses 1 or more of the tech- Senate’’ and inserting ‘‘either of the author- PART C—THE HIGHER EDUCATION izing committees’’; and AMENDMENTS OF 1998 nologies described in subparagraph (B)— ‘‘(i) to deliver instruction to students who (B) in the matter following subparagraph Sec. 931. Repeals. are separated from the instructor; and (D) of subsection (n)(3), by striking ‘‘Com- Sec. 932. Grants to States for workplace and ‘‘(ii) to support regular and substantive mittee on Education and the Workforce of community transition training interaction between the students and the in- the House of Representatives and the Com- for incarcerated youth offend- structor, synchronously or asynchronously. mittee on Labor and Human Resources of the ers. ‘‘(B) INCLUSIONS.—For the purposes of sub- Senate’’ and inserting ‘‘authorizing commit- Sec. 933. Underground railroad educational paragraph (A), the technologies used may in- tees’’; and cultural program. clude— (7) in section 437(c)(1) (20 U.S.C. 1087(c)(1)), Sec. 934. Olympic scholarships under the ‘‘(i) the Internet; by striking ‘‘Committee on Education and Higher Education Amendments ‘‘(ii) one-way and two-way transmissions the Workforce of the House of Representa- of 1992. through open broadcast, closed circuit, tives and the Committee on Labor and PART D—INDIAN EDUCATION cable, microwave, broadband lines, fiber op- Human Resources of the Senate’’ and insert- ing ‘‘authorizing committees’’; SUBPART 1—TRIBAL COLLEGES AND tics, satellite, or wireless communications (8) in section 439 (20 U.S.C. 1087–2)— UNIVERSITIES devices; ‘‘(iii) audio conferencing; or (A) in subsection (d)(1)(E)(iii), by striking Sec. 941. Reauthorization of the Tribally ‘‘(iv) video cassette, DVDs, and CD–ROMs, ‘‘advise the Chairman’’ and all that follows Controlled College or Univer- if the cassette, DVDs, and CD–ROMs are used through ‘‘House of Representatives’’ and in- sity Assistance Act of 1978. in a course in conjunction with the tech- serting ‘‘advise the members of the author- SUBPART 2—NAVAJO HIGHER EDUCATION nologies listed in clauses (i) through (iii).’’; izing committees’’; Sec. 945. Short title. and (B) in subsection (r)— Sec. 946. Reauthorization of Navajo Commu- (7) by inserting after paragraph (11) (as re- (i) in paragraph (3), by striking ‘‘inform nity College Act. designated by paragraph (2)) the following: the Chairman’’ and all that follows through ‘‘House of Representatives,’’ and inserting PART E—OMNIBUS CRIME CONTROL AND ‘‘(12) POVERTY LINE.—The term ‘poverty ‘‘inform the members of the authorizing SAFE STREETS ACT OF 1968 line’ means the poverty line (as defined in section 673(2) of the Community Services committees’’; Sec. 951. Short title. Block Grant Act (42 U.S.C. 9902(2))) applica- (ii) in paragraph (5)(B), by striking ‘‘plan, Sec. 952. Loan repayment for prosecutors ble to a family of the size involved.’’. to the Chairman’’ and all that follows and defenders. (b) CONFORMING AMENDMENTS.—The Act (20 through ‘‘Education and Labor’’ and insert- SEC. 2. REFERENCES. U.S.C. 1001 et seq.) is amended— ing ‘‘plan, to the members of the authorizing Except as otherwise expressly provided, (1) in section 131(a)(3)(B) (20 U.S.C. committees’’; whenever in this Act an amendment or re- 1015(a)(3)(B)), by striking ‘‘Committee on (iii) in paragraph (6)(B)—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9986 CONGRESSIONAL RECORD — SENATE July 25, 2007 (I) by striking ‘‘plan, to the Chairman’’ Workforce of the House of Representatives’’ (A) by inserting ‘‘(1)’’ before ‘‘It is the and all that follows through ‘‘House of Rep- and inserting ‘‘authorizing committees’’; and sense’’; and resentatives’’ and inserting ‘‘plan, to the (15) in section 498B(d) (20 U.S.C. 1099c– (B) by adding at the end the following: members of the authorizing committees’’; 2(d))— ‘‘(2) It is the sense of Congress that— and (A) in paragraph (1), by striking ‘‘Com- ‘‘(A) the diversity of institutions and edu- (II) by striking ‘‘Chairmen and ranking mi- mittee on Labor and Human Resources of the cational missions is one of the key strengths nority members of such Committees’’ and in- Senate and the Committee on Education and of American higher education; serting ‘‘members of the authorizing com- the Workforce of the House of Representa- ‘‘(B) individual colleges and universities mittees’’; tives’’ and inserting ‘‘authorizing commit- have different missions and each institution (iv) in paragraph (8)(C), by striking ‘‘imple- tees’’; and should design its academic program in ac- mented to the Chairman’’ and all that fol- (B) in paragraph (2), by striking ‘‘Com- cordance with its educational goals; lows through ‘‘House of Representatives, mittee on Labor and Human Resources of the ‘‘(C) a college should facilitate the free and and’’ and inserting ‘‘implemented to the Senate and the Committee on Education and open exchange of ideas; members of the authorizing committees, and the Workforce of the House of Representa- ‘‘(D) students should not be intimidated, to’’; and tives’’ and inserting ‘‘authorizing commit- harassed, discouraged from speaking out, or (v) in the matter preceding subparagraph tees’’. discriminated against; (A) of paragraph (10), by striking ‘‘days to SEC. 102. GENERAL DEFINITION OF INSTITUTION ‘‘(E) students should be treated equally the Chairman’’ and all that follows through OF HIGHER EDUCATION. and fairly; and ‘‘Education and Labor’’ and inserting ‘‘days Section 101 (20 U.S.C. 1001) is amended— ‘‘(F) nothing in this paragraph shall be to the members of the authorizing commit- (1) in subsection (a)(3), by inserting ‘‘, or construed to modify, change, or infringe tees’’; and awards a degree that is acceptable for admis- upon any constitutionally protected reli- (C) in subsection (s)(2)— sion to a graduate or professional degree pro- gious liberty, freedom, expression, or asso- (i) in the matter preceding clause (i) of gram, subject to the review and approval by ciation.’’; and subparagraph (A), by striking ‘‘Treasury and the Secretary’’ after ‘‘such a degree’’; and (2) in subsection (b)(1), by inserting ‘‘, pro- to the Chairman’’ and all that follows (2) by striking subsection (b)(2) and insert- vided that the imposition of such sanction is through ‘‘House of Representatives’’ and in- ing the following: done objectively and fairly’’ after ‘‘higher serting ‘‘Treasury and to the members of the ‘‘(2) a public or nonprofit private edu- education’’. authorizing committees’’; and cational institution in any State that, in (ii) in subparagraph (B), by striking SEC. 105. ACCREDITATION AND INSTITUTIONAL lieu of the requirement in subsection (a)(1), ‘‘Treasury and to the Chairman’’ and all that QUALITY AND INTEGRITY ADVISORY admits as regular students persons— follows through ‘‘House of Representatives’’ COMMITTEE. ‘‘(A) who are beyond the age of compulsory and inserting ‘‘Treasury and to the members (a) IN GENERAL.—Section 114 (20 U.S.C. school attendance in the State in which the of the authorizing committees’’; 1011c) is amended to read as follows: institution is located; or (9) in section 455(b)(8)(B) (20 U.S.C. ‘‘(B) who will be dually or concurrently en- ‘‘SEC. 114. ACCREDITATION AND INSTITUTIONAL 1087e(b)(8)(B)), by striking ‘‘Committee on rolled in the institution and a secondary QUALITY AND INTEGRITY COM- Labor and Human Resources of the Senate MITTEE. and the Committee on Education and the school.’’. ‘‘(a) ESTABLISHMENT.—There is established Workforce of the House of Representatives’’ SEC. 103. DEFINITION OF INSTITUTION OF HIGH- in the Department an Accreditation and In- and inserting ‘‘authorizing committees’’; ER EDUCATION FOR PURPOSES OF TITLE IV PROGRAMS. stitutional Quality and Integrity Advisory (10) in section 482(d) (20 U.S.C. 1089(d)), by Committee (in this section referred to as the striking ‘‘Committee on Labor and Human Section 102 (20 U.S.C. 1002) is amended— ‘Committee’) to assess the process of accred- Resources of the Senate and the Committee (1) by striking subclause (II) of subsection on Education and Labor of the House of Rep- (a)(2)(A)(i) and inserting the following: itation and the institutional eligibility and resentatives’’ and inserting ‘‘authorizing ‘‘(II) the institution has or had a clinical certification of such institutions under title committees’’; training program that was approved by a IV. (11) in section 483(c) (20 U.S.C. 1090(c)), by State as of January 1, 1992, and has continu- ‘‘(b) MEMBERSHIP.— striking ‘‘Committee on Labor and Human ously operated a clinical training program in ‘‘(1) IN GENERAL.—The Committee shall Resources of the Senate and the Committee not less than 1 State that is approved by have 15 members, of which— on Education and the Workforce of the such State;’’; ‘‘(A) 5 members shall be appointed by the House of Representatives’’ and inserting (2) in subsection (b)— Secretary; ‘‘authorizing committees’’; (A) in paragraph (1)— ‘‘(B) 5 members shall be appointed by the (12) in section 485 (20 U.S.C. 1092)— (i) in subparagraph (D), by inserting ‘‘and’’ Speaker of the House of Representatives (A) in subsection (f)(5)(A), by striking after the semicolon; upon the recommendation of the majority ‘‘Committee on Education and the Work- (ii) in subparagraph (E), by striking ‘‘; leader and minority leader of the House of force of the House of Representatives and the and’’ and inserting a period; and Representatives; and Committee on Labor and Human Resources (iii) by striking subparagraph (F); and ‘‘(C) 5 members shall be appointed by the of the Senate’’ and inserting ‘‘authorizing (B) by striking paragraph (2) and inserting President pro tempore of the Senate upon committees’’; and the following: the recommendation of the majority leader (B) in subsection (g)(4)(B), by striking ‘‘(2) ADDITIONAL INSTITUTIONS.—The term and minority leader of the Senate. ‘‘Committee on Education and the Work- ‘proprietary institution of higher education’ ‘‘(2) QUALIFICATIONS.—Individuals shall be force of the House of Representatives and the also includes a proprietary educational insti- appointed as members of the Committee on— Committee on Labor and Human Resources tution in any State that, in lieu of the re- ‘‘(A) the basis of the individuals’ experi- of the Senate’’ and inserting ‘‘authorizing quirement in section 101(a)(1), admits as reg- ence, integrity, impartiality, and good judg- committees’’; ular students persons— ment; (13) in section 486 (20 U.S.C. 1093)— ‘‘(A) who are beyond the age of compulsory ‘‘(B) from among individuals who are rep- (A) in subsection (e), by striking ‘‘Com- school attendance in the State in which the resentatives of, or knowledgeable con- mittee on Labor and Human Resources of the institution is located; or cerning, education and training beyond sec- Senate and the Committee on Education and ‘‘(B) who will be dually or concurrently en- ondary education, representatives of all sec- the Workforce of the House of Representa- rolled in the institution and a secondary tors and types of institutions of higher edu- tives’’ and inserting ‘‘authorizing commit- school.’’; and cation (as defined in section 102); and tees’’; and (3) by striking subsection (c)(2) and insert- ‘‘(C) on the basis of the individuals’ tech- (B) in subsection (f)(3)— ing the following: nical qualifications, professional standing, (i) in the matter preceding clause (i) of ‘‘(2) ADDITIONAL INSTITUTIONS.—The term and demonstrated knowledge in the fields of subparagraph (A), by striking ‘‘Committee ‘postsecondary vocational institution’ also accreditation and administration in higher on Labor and Human Resources of the Sen- includes an educational institution in any education. ate and the Committee on Education and the State that, in lieu of the requirement in sec- ‘‘(3) TERMS OF MEMBERS.—The term of of- Workforce of the House of Representatives’’ tion 101(a)(1), admits as regular students per- fice of each member of the Committee shall and inserting ‘‘authorizing committees’’; and sons— be for 6 years, except that any member ap- (ii) in the matter preceding clause (i) of ‘‘(A) who are beyond the age of compulsory pointed to fill a vacancy occurring prior to subparagraph (B), by striking ‘‘Committee school attendance in the State in which the the expiration of the term for which the on Labor and Human Resources of the Sen- institution is located; or member’s predecessor was appointed shall be ate and the Committee on Education and the ‘‘(B) who will be dually or concurrently en- appointed for the remainder of such term. Workforce of the House of Representatives’’ rolled in the institution and a secondary ‘‘(4) VACANCY.—A vacancy on the Com- and inserting ‘‘authorizing committees’’; school.’’. mittee shall be filled in the same manner as (14) in section 487A(a)(5) (20 U.S.C. SEC. 104. PROTECTION OF STUDENT SPEECH AND the original appointment was made not later 1094a(a)(5)), by striking ‘‘Committee on ASSOCIATION RIGHTS. than 90 days after the vacancy occurred. If a Labor and Human Resources of the Senate Section 112 (20 U.S.C. 1011a) is amended— vacancy occurs in a position to be filled by and the Committee on Education and the (1) in subsection (a)— the Secretary, the Secretary shall publish a

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9987 Federal Register notice soliciting nomina- ‘‘(ii) the date of the expiration of the mem- consultation with the Commissioner of Edu- tions for the position not later than 30 days ber’s term of office; and cation Statistics and representatives of in- after being notified of the vacancy. ‘‘(iii) the individual described in subsection stitutions of higher education, shall develop ‘‘(5) INITIAL TERMS.—The terms of office for (b)(1) who appointed the member; and higher education price indices that accu- the initial members of the Committee shall ‘‘(B) a solicitation of nominations for each rately reflect the annual change in tuition be— expiring term of office on the Committee of and fees for undergraduate students in the ‘‘(A) 2 years for members appointed under a member appointed by the Secretary. categories of institutions listed in paragraph paragraph (1)(A); ‘‘(2) REPORT.—Not later than September 30 (2). Such indices shall be updated annually. ‘‘(B) 4 years for members appointed under of each year, the Committee shall make an ‘‘(2) DEVELOPMENT.—The higher education paragraph (1)(B); and annual report to the Secretary, the author- price index under paragraph (1) shall be de- ‘‘(C) 6 years for members appointed under izing committees, and the public. The annual veloped for each of the following categories: paragraph (1)(C). report shall contain— ‘‘(A) 4-year public degree-granting institu- ‘‘(6) CHAIRPERSON.—The members of the ‘‘(A) a detailed summary of the agenda and tions of higher education. Committee shall select a chairperson from activities of, and the findings and rec- ‘‘(B) 4-year private degree-granting institu- among the members. ommendations made by, the Committee dur- tions of higher education. ‘‘(c) FUNCTIONS.—The Committee shall— ing the preceding fiscal year; ‘‘(C) 2-year public degree-granting institu- ‘‘(1) advise the Secretary with respect to ‘‘(B) a list of the date and location of each tions of higher education. establishment and enforcement of the stand- meeting during the preceding fiscal year; ‘‘(D) 2-year private degree-granting insti- ards of accrediting agencies or associations ‘‘(C) a list of the members of the Com- tutions of higher education. under subpart 2 of part H of title IV; mittee and appropriate contact information; ‘‘(E) Less than 2-year institutions of higher ‘‘(2) advise the Secretary with respect to and education. the recognition of a specific accrediting ‘‘(D) a list of the functions of the Com- ‘‘(F) All types of institutions described in agency or association; mittee, including any additional functions subparagraphs (A) through (E). ‘‘(3) advise the Secretary with respect to established by the Secretary through regula- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— the preparation and publication of the list of tion. There are authorized to be appropriated to nationally recognized accrediting agencies ‘‘(f) TERMINATION.—The Committee shall carry out this subsection such sums as may and associations; terminate on September 30, 2012.’’. be necessary. ‘‘(c) REPORTING.— ‘‘(4) advise the Secretary with respect to (b) TERMINATION OF NACIQI.—The National ‘‘(1) IN GENERAL.—The Secretary shall an- the eligibility and certification process for Advisory Committee on Institutional Qual- nually report, in a national list and in a list institutions of higher education under title ity and Integrity, established under section for each State, a ranking of institutions of IV, together with recommendations for im- 114 of the Higher Education Act of 1965 (as such section was in effect the day before the higher education according to such institu- provements in such process; tions’ change in tuition and fees over the ‘‘(5) advise the Secretary with respect to date of enactment of this Act) shall termi- nate 30 days after such date. preceding 2 years. The purpose of such lists the relationship between— is to provide consumers with general infor- ‘‘(A) accreditation of institutions of higher SEC. 106. DRUG AND ALCOHOL ABUSE PREVEN- mation on pricing trends among institutions TION. education and the certification and eligi- of higher education nationally and in each Section 120(a)(2) (20 U.S.C. 1011i(a)(2)) is bility of such institutions; and State. amended— ‘‘(B) State licensing responsibilities with ‘‘(2) COMPILATION.— (1) in subparagraph (A), by striking ‘‘and’’ respect to such institutions; and ‘‘(A) IN GENERAL.—The lists described in ‘‘(6) carry out such other advisory func- after the semicolon; paragraph (1) shall be compiled according to tions relating to accreditation and institu- (2) by redesignating subparagraph (B) as the following categories: tional eligibility as the Secretary may pre- subparagraph (D); and ‘‘(i) 4-year public institutions of higher scribe in regulation. (3) by inserting after subparagraph (A) (as education. ‘‘(d) MEETING PROCEDURES.— amended by paragraph (1)) the following: ‘‘(ii) 4-year private, nonprofit institutions ‘‘(1) SCHEDULE.— ‘‘(B) determine the number of drug and al- of higher education. ‘‘(A) BIANNUAL MEETINGS.—The Committee cohol-related incidents and fatalities that— ‘‘(iii) 4-year private, for-profit institutions shall meet not less often than twice each ‘‘(i) occur on the institution’s property or of higher education. year, at the call of the Chairperson. as part of any of the institution’s activities; ‘‘(iv) 2-year public institutions of higher ‘‘(B) PUBLICATION OF DATE.—The Com- and education. mittee shall submit the date and location of ‘‘(ii) are reported to the institution; ‘‘(v) 2-year private, nonprofit institutions each meeting in advance to the Secretary, ‘‘(C) determine the number and type of of higher education. and the Secretary shall publish such infor- sanctions described in paragraph (1)(E) that ‘‘(vi) 2-year private, for-profit institutions mation in the Federal Register not later are imposed by the institution as a result of of higher education. than 30 days before the meeting. drug and alcohol-related incidents and fa- ‘‘(vii) Less than 2-year public institutions ‘‘(2) AGENDA.— talities on the institution’s property or as of higher education. ‘‘(A) ESTABLISHMENT.—The agenda for a part of any of the institution’s activities; ‘‘(viii) Less than 2-year private, nonprofit meeting of the Committee shall be estab- and’’. institutions of higher education. lished by the Chairperson and shall be sub- SEC. 107. PRIOR RIGHTS AND OBLIGATIONS. ‘‘(ix) Less than 2-year private, for-profit in- mitted to the members of the Committee Section 121(a) (20 U.S.C. 1011j(a)) is amend- stitutions of higher education. upon notification of the meeting. ed— ‘‘(B) PERCENTAGE AND DOLLAR CHANGE.— ‘‘(B) OPPORTUNITY FOR PUBLIC COMMENT.— (1) in paragraph (1), by striking ‘‘1999 and The lists described in paragraph (1) shall in- The agenda shall include, at a minimum, op- for each of the 4 succeeding fiscal years’’ and clude 2 lists for each of the categories under portunity for public comment during the inserting ‘‘2008 and for each succeeding fiscal subparagraph (A) as follows: Committee’s deliberations. year’’; and ‘‘(i) 1 list in which data is compiled by per- ‘‘(3) SECRETARY’S DESIGNEE.— (2) in paragraph (2), by striking ‘‘1999 and centage change in tuition and fees over the ‘‘(A) ATTENDANCE AT MEETING.—The Chair- for each of the 4 succeeding fiscal years’’ and preceding 2 years. person shall invite the Secretary’s designee inserting ‘‘2008 and for each succeeding fiscal ‘‘(ii) 1 list in which data is compiled by dol- to attend all meetings of the Committee. year’’. lar change in tuition and fees over the pre- ‘‘(B) ROLE OF DESIGNEE.—The Secretary’s SEC. 108. TRANSPARENCY IN COLLEGE TUITION ceding 2 years. designee may be present at a Committee FOR CONSUMERS. ‘‘(3) HIGHER EDUCATION PRICE INCREASE meeting to facilitate the exchange and free Part C of title I (20 U.S.C. 1015) is amended WATCH LISTS.—Upon completion of the devel- flow of information between the Secretary by adding at the end the following: opment of the higher education price indices and the Committee. The designee shall have ‘‘SEC. 132. TRANSPARENCY IN COLLEGE TUITION described in paragraph (1), the Secretary no authority over the agenda of the meeting, FOR CONSUMERS. shall annually report, in a national list, and the items on that agenda, or on the resolu- ‘‘(a) NET PRICE.—In this section, the term in a list for each State, a ranking of each in- tion of any agenda item. ‘net price’ means the average yearly tuition stitution of higher education whose tuition ‘‘(4) FEDERAL ADVISORY COMMITTEE ACT.— and fees paid by a full-time undergraduate and fees outpace such institution’s applica- The provisions of the Federal Advisory Com- student at an institution of higher edu- ble higher education price index described in mittee Act (5 U.S.C. App.) shall apply to the cation, after discounts and grants from the subsection (b). Such lists shall— Committee, except that section 14 of such institution, Federal Government, or a State ‘‘(A) be known as the ‘Higher Education Act shall not apply. have been applied to the full price of tuition Price Increase Watch Lists’; ‘‘(e) REPORT AND NOTICE.— and fees at the institution. ‘‘(B) report the full price of tuition and ‘‘(1) NOTICE.—The Secretary shall annually ‘‘(b) HIGHER EDUCATION PRICE INDEX.— fees at the institution and the net price; publish in the Federal Register— ‘‘(1) IN GENERAL.—Not later than 1 year ‘‘(C) where applicable, report the average ‘‘(A) a list containing, for each member of after the date of enactment of the Higher price of room and board for students living the Committee— Education Amendments of 2007, the Commis- on campus at the institution, except that ‘‘(i) the member’s name; sion of the Bureau of Labor Statistics, in such price shall not be used in determining

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9988 CONGRESSIONAL RECORD — SENATE July 25, 2007 whether an institution’s cost outpaces such such term is described in section 480), of the ‘‘(N) Percentage of faculty at the institu- institution’s applicable higher education students, for each of the 2 academic years tion with the highest degree in their field. price index; and preceding the academic year for which the ‘‘(O) The percentage change in total price ‘‘(D) be compiled by the Secretary in a application is produced. in tuition and fees and the net price for an public document to be widely published and ‘‘(f) ENHANCED COLLEGE INFORMATION undergraduate at the institution in each of disseminated in paper form and through the WEBSITE.— the preceding 5 academic years. website of the Department. ‘‘(1) IN GENERAL.— ‘‘(P) The total average yearly cost of tui- ‘‘(4) STATE HIGHER EDUCATION APPROPRIA- ‘‘(A) IN GENERAL.—Not later than 90 days tion and fees, room and board, and books and TIONS CHART.—The Secretary shall annually after the date of enactment of the Higher other related costs for an undergraduate stu- report, in charts for each State— Education Amendments of 2007, the Sec- dent enrolled at the institution, for— ‘‘(A) a comparison of the percentage retary shall contract with an independent ‘‘(i) full-time undergraduate students liv- change in State appropriations per enrolled organization with demonstrated experience ing on campus; student in a public institution of higher edu- in the development of consumer-friendly ‘‘(ii) full-time undergraduate students liv- cation in the State to the percentage change websites to develop improvements to the ing off-campus; and in tuition and fees for each public institution website known as the College Opportunities ‘‘(iii) in the case of students attending a of higher education in the State for each of On-Line (COOL) so that it better meets the public institution of higher education, such the previous 5 years; and needs of students, families, and consumers costs for in-State and out-of-State students ‘‘(B) the total amount of need-based and for accurate and appropriate information on living on and off-campus. merit-based aid provided by the State to stu- institutions of higher education. ‘‘(Q) The average yearly grant amount (in- dents enrolled in a public institution of high- ‘‘(B) IMPLEMENTATIONS.—Not later than 1 cluding Federal, State, and institutional aid) er education in the State. year after the date of enactment of the High- for a student enrolled at the institution. ‘‘(5) SHARING OF INFORMATION.—The Sec- er Education Amendments of 2007, the Sec- ‘‘(R) The average yearly amount of Federal retary shall share the information under retary shall implement the improvements student loans, and other loans provided paragraphs (1) through (4) with the public, developed by the independent organization through the institution, to undergraduate described under subparagraph (A) to the col- including with private sector college guide- students enrolled at the institution. lege information website. book publishers. ‘‘(S) The total yearly grant aid available to ‘‘(2) UNIVERSITY AND COLLEGE ACCOUNT- ‘‘(d) NET PRICE CALCULATOR.— undergraduate students enrolled at the insti- ABILITY NETWORK.—Not later than 1 year ‘‘(1) DEVELOPMENT.—Not later than 1 year tution, from the Federal Government, a after the date of enactment of the Higher after the date of enactment of the Higher State, the institution, and other sources. Education Amendments of 2007, the Sec- Education Amendments of 2007, the Sec- ‘‘(T) The percentage of undergraduate stu- retary shall develop a model document for retary shall, in consultation with institu- dents enrolled at the institution receiving annually reporting basic information about tions of higher education, develop and make Federal, State, and institutional grants, stu- an institution of higher education that several model net price calculators to help dent loans, and any other type of student fi- students, families, and consumers determine chooses to participate, to be posted on the college information website and made avail- nancial assistance provided publicly or the net price of an institution of higher edu- through the institution, such as Federal cation, which institutions of higher edu- able to institutions of higher education, stu- dents, families, and other consumers. Such work-study funds. cation may, at their discretion, elect to use ‘‘(U) The average net price for all under- pursuant to paragraph (3). document shall be known as the ‘University and College Accountability Network’ (U- graduate students enrolled at the institu- ‘‘(2) CATEGORIES.—The model net price cal- tion. culators described in paragraph (1) shall be CAN), and shall include, the following infor- mation about the institution of higher edu- ‘‘(V) The percentage of first-year under- developed for each of the following cat- graduate students enrolled at the institution egories: cation for the most recent academic year for which the institution has available data, pre- who live on campus and off campus. ‘‘(A) 4-year public institutions of higher ‘‘(W) Information on the policies of the in- education. sented in a consumer-friendly manner: ‘‘(A) A statement of the institution’s mis- stitution related to transfer of credit from ‘‘(B) 4-year private, nonprofit institutions other institutions. of higher education. sion and specialties. ‘‘(B) The total number of undergraduate ‘‘(X) Information on campus safety re- ‘‘(C) 4-year private, for-profit institutions quired to be collected under section 485(f). of higher education. students who applied, were admitted, and en- rolled at the institution. ‘‘(Y) Links to the appropriate sections of ‘‘(D) 2-year public institutions of higher the institution’s website that provide infor- education. ‘‘(C) Where applicable, reading, writing, mathematics, and combined scores on the mation on student activities offered by the ‘‘(E) 2-year private, nonprofit institutions institution, such as intercollegiate sports, of higher education. SAT or ACT for the middle 50 percent range of the institution’s freshman class. student organizations, study abroad opportu- ‘‘(F) 2-year private, for-profit institutions nities, intramural and club sports, special- of higher education. ‘‘(D) Enrollment of full-time, part-time, and transfer students at the institution, at ized housing options, community service op- ‘‘(G) Less than 2-year public institutions of portunities, cultural and arts opportunities higher education. the undergraduate and (where applicable) graduate levels. on campus, religious and spiritual life on ‘‘(H) Less than 2-year private, nonprofit in- campus, and lectures and outside learning stitutions of higher education. ‘‘(E) Percentage of male and female under- graduate students enrolled at the institu- opportunities. ‘‘(I) Less than 2-year private, for-profit in- ‘‘(Z) Links to the appropriate sections of stitutions of higher education. tion. ‘‘(F) Percentage of enrolled undergraduate the institution’s website that provide infor- ‘‘(3) USE OF NET PRICE CALCULATOR BY INSTI- mation on services offered by the institution TUTIONS.—Not later than 3 years after the students from the State in which the institu- tion is located, from other States, and from to students during and after college, such as date of enactment of the Higher Education internship opportunities, career and place- Amendments of 2007, each institution of other countries. ‘‘(G) Percentage of enrolled undergraduate ment services, and preparation for further higher education that receives Federal funds education. under this Act shall adopt and use a net students at the institution by race and eth- ‘‘(3) CONSULTATION.—The Secretary shall price calculator to help students, families, nic background. ‘‘(H) Retention rates for full-time and part- ensure that current and prospective college and other consumers determine the net price students, family members of such students, of such institution of higher education. Such time first-time first-year undergraduate stu- dents enrolled at the institution. and institutions of higher education are con- calculator may be— sulted in carrying out paragraphs (1) and (2). ‘‘(A) based on a model calculator developed ‘‘(I) Average time to degree or certificate completion for first-time, first-year under- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— by the Department; or There are authorized to be appropriated to ‘‘(B) developed by the institution of higher graduate students enrolled at the institu- tion. carry out this subsection such sums as may education. be necessary. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(J) Percentage of enrolled undergraduate There are authorized to be appropriated to students who graduate within 2 years (in the ‘‘(g) GAO REPORT.—The Comptroller Gen- carry out this subsection such sums as may case of 2-year institutions), and 4, 5 and 6 eral of the United States shall— be necessary. years (in the case of 2 and 4-year institu- ‘‘(1) conduct a study on the time and cost ‘‘(e) NET PRICE REPORTING IN APPLICATION tions). burdens to institutions of higher education INFORMATION.—An institution of higher edu- ‘‘(K) Number of students who obtained a associated with completing the Integrated cation that receives Federal funds under this certificate or an associate’s, bachelor’s, mas- Postsecondary Education Data System Act shall include, in the materials accom- ter’s, or doctoral degree at the institution. (IPEDS), which study shall— panying an application for admission to the ‘‘(L) The undergraduate major areas of ‘‘(A) report on the time and cost burden of institution, the most recent information re- study with the highest number of degrees completing the IPEDS survey for 4-year, 2- garding the net price of the institution, cal- awarded. year, and less than 2-year institutions of culated for each quartile of students based ‘‘(M) The student-faculty ratio, and num- higher education; and on the income of either the students’ parents ber of full-time, part-time, and adjunct fac- ‘‘(B) present recommendations for reducing or, in the case of independent students (as ulty at the institution. such burden;

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9989 ‘‘(2) not later than 1 year after the date of ther amended by adding at the end the fol- ‘‘(C) provide State policymakers with im- enactment of the Higher Education Amend- lowing: proved information to monitor and guide ef- ments of 2007, submit to Congress a prelimi- ‘‘SEC. 135. STATE HIGHER EDUCATION INFORMA- forts to improve student outcomes and suc- nary report regarding the findings of the TION SYSTEM PILOT PROGRAM. cess in higher education; study described in paragraph (1); and ‘‘(a) PURPOSE.—It is the purpose of this ‘‘(4) estimate costs and burdens at the in- ‘‘(3) not later than 2 years after the date of section to carry out a pilot program to assist stitutional level for the reporting system for enactment of the Higher Education Amend- not more than 5 States to develop State- different types of institutions; and ments of 2007, submit to Congress a final re- level postsecondary student data systems ‘‘(5) test the feasibility of protocols and port regarding such findings.’’. to— standards for maintaining data privacy and SEC. 109. DATABASES OF STUDENT INFORMATION ‘‘(1) improve the capacity of States and in- data access. PROHIBITED. stitutions of higher education to generate ‘‘(f) EVALUATION; REPORTS.—Not later than Part C of title I (20 U.S.C. 1015), as amend- more comprehensive and comparable data, in 6 months after the end of the projects funded ed by section 108, is further amended by add- order to develop better-informed educational by grants awarded under this section, the ing at the end the following: policy at the State level and to evaluate the Secretary shall— ‘‘SEC. 133. DATABASE OF STUDENT INFORMATION effectiveness of institutional performance ‘‘(1) conduct a comprehensive evaluation of PROHIBITED. while protecting the confidentiality of stu- the pilot program authorized by this section; ‘‘(a) PROHIBITION.—Except as described in dents’ personally identifiable information; and (b), nothing in this Act shall be construed to and ‘‘(2) report the Secretary’s findings, as well authorize the development, implementation, ‘‘(2) identify how to best minimize the as recommendations regarding the imple- or maintenance of a Federal database of per- data-reporting burden placed on institutions mentation of State-level postsecondary stu- sonally identifiable information on individ- of higher education, particularly smaller in- dent data systems to the authorizing com- uals receiving assistance under this Act, at- stitutions, and to maximize and improve the mittees. tending institutions receiving assistance information institutions receive from the ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— under this Act, or otherwise involved in any data systems, in order to assist institutions There are authorized to be appropriated to studies or other collections of data under in improving educational practice and post- carry out this section such sums as may be this Act, including a student unit record sys- secondary outcomes. necessary for fiscal year 2008 and each of the tem, an education bar code system, or any ‘‘(b) DEFINITION OF ELIGIBLE ENTITY.—In 5 succeeding fiscal years.’’. other system that tracks individual students this section, the term ‘eligible entity’ over time. means— SEC. 111. PERFORMANCE-BASED ORGANIZATION FOR THE DELIVERY OF FEDERAL ‘‘(b) EXCEPTION.—The provisions of sub- ‘‘(1) a State higher education system; or STUDENT FINANCIAL ASSISTANCE. section (a) shall not apply to a system (or a ‘‘(2) a consortium of State higher edu- successor system) that is necessary for the cation systems, or a consortium of indi- Section 141 (20 U.S.C. 1018) is amended— operation of programs authorized by title II, vidual institutions of higher education, that (1) in subsection (a)— IV, or VII that were in use by the Secretary, is broadly representative of institutions in (A) in paragraph (1), by striking ‘‘oper- directly or through a contractor, as of the different sectors and geographic locations. ational’’ and inserting ‘‘administrative and day before the date of enactment of the ‘‘(c) COMPETITIVE GRANTS.— oversight’’; and Higher Education Amendments of 2007. ‘‘(1) GRANTS AUTHORIZED.—The Secretary (B) in paragraph (2)(D), by striking ‘‘of the ‘‘(c) STATE DATABASES.—Nothing in this shall award grants, on a competitive basis, operational functions’’ and inserting ‘‘and Act shall prohibit a State or a consortium of to not more than 5 eligible entities to enable administration’’; States from developing, implementing, or the eligible entities to— (2) in subsection (b)— maintaining State-developed databases that ‘‘(A) design, test, and implement systems (A) in paragraph (1)— track individuals over time, including stu- of postsecondary student data that provide (i) in subparagraph (A), by striking ‘‘the dent unit record systems that contain infor- the maximum benefits to States, institu- information systems administered by the mation related to enrollment, attendance, tions of higher education, and State policy- PBO, and other functions performed by the graduation and retention rates, student fi- makers; and PBO’’ and inserting ‘‘the Federal student fi- nancial assistance, and graduate employ- ‘‘(B) examine the costs and burdens in- nancial assistance programs authorized ment outcomes.’’. volved in implementing a State-level post- under title IV’’; and SEC. 110. CLEAR AND EASY-TO-FIND INFORMA- secondary student data system. (ii) by striking subparagraph (C) and in- TION ON STUDENT FINANCIAL AID. ‘‘(2) DURATION.—A grant awarded under serting the following: Part C of title I (as amended by sections this section shall be for a period of not more ‘‘(C) assist the Chief Operating Officer in 108 and 109) is further amended by adding at than 3 years. identifying goals for— the end the following: ‘‘(d) APPLICATION REQUIREMENTS.—An eligi- ‘‘(i) the administration of the systems used ‘‘SEC. 134. CLEAR AND EASY-TO-FIND INFORMA- ble entity desiring a grant under this section to administer the Federal student financial TION ON STUDENT FINANCIAL AID. shall submit an application to the Secretary assistance programs authorized under title ‘‘(a) PROMINENT DISPLAY.—The Secretary at such time, in such manner, and con- IV; and shall ensure that a link to current student taining such information as the Secretary ‘‘(ii) the updating of such systems to cur- financial aid information is displayed promi- determines is necessary, including a descrip- rent technology.’’; and nently on the home page of the Department tion of— (B) in paragraph (2)— website. ‘‘(1) how the eligible entity will ensure (i) in the matter preceding subparagraph ‘‘(b) ENHANCED STUDENT FINANCIAL AID IN- that student privacy is protected and that (A), by striking ‘‘administration of the infor- FORMATION.— individually identifiable information about mation and financial systems that support’’ ‘‘(1) IN GENERAL.—Not later than 180 days students, the students’ achievements, and and inserting ‘‘the administration of Fed- after the date of enactment of the Higher the students’ families remains confidential eral’’; Education Amendments of 2007, the Sec- in accordance with the Family Educational (ii) in subparagraph (A)— retary shall contract with an independent Rights and Privacy Act of 1974 (20 U.S.C. (I) in the matter preceding clause (i), by organization with demonstrated expertise in 1232g); and striking ‘‘of the delivery system for Federal the development of consumer-friendly ‘‘(2) how the activities funded by the grant student assistance’’ and inserting ‘‘for the websites to develop improvements to the will be supported after the 3-year grant pe- Federal student assistance programs author- usefulness and accessibility of the informa- riod. ized under title IV’’; tion provided by the Department on college ‘‘(e) USE OF FUNDS.—A grant awarded (II) by striking clauses (i) and (ii) and in- financial planning and student financial aid. under this section shall be used to— serting the following: ‘‘(2) IMPLEMENTATION.—Not later than 1 ‘‘(1) design, develop, and implement the ‘‘(i) the collection, processing, and trans- year after the date of enactment of the High- components of a comprehensive postsec- mission of data to students, institutions, er Education Amendments of 2007, the Sec- ondary student data system with the capac- lenders, State agencies, and other authorized retary shall implement the improvements ity to transmit student information within parties; developed by the independent organization States; ‘‘(ii) the design and technical specifica- described under paragraph (1) to the college ‘‘(2) improve the capacity of institutions of tions for software development and procure- financial planning and student financial aid higher education to analyze and use student ment for systems supporting the student fi- website of the Department. data; nancial assistance programs authorized ‘‘(3) DISSEMINATION.—The Secretary shall ‘‘(3) select and define common data ele- under title IV;’’; make the availability of the information on ments, data quality, and other elements that (III) in clause (iii), by striking ‘‘delivery’’ the website widely known through a major will enable the data system to— and inserting ‘‘administration’’; media campaign and other forms of commu- ‘‘(A) serve the needs of institutions of (IV) in clause (iv)— nication.’’. higher education for institutional research (aa) by inserting ‘‘the’’ after ‘‘supporting’’; SEC. 110A. STATE HIGHER EDUCATION INFORMA- and improvement; and TION SYSTEM PILOT PROGRAM. ‘‘(B) provide students and the students’ (bb) by striking ‘‘and’’ after the semicolon; Part C of title I of the Higher Education families with useful information for deci- (V) in clause (v), by striking ‘‘systems that Act of 1965 (as amended by this title) is fur- sion-making about postsecondary education; support those programs.’’ and inserting ‘‘the

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9990 CONGRESSIONAL RECORD — SENATE July 25, 2007 administration of the Federal student assist- priate and consistent with the purposes of ‘‘(II) that is a financial institution, as such ance programs authorized under title IV; the PBO, acquire services related to the term is defined in section 509 of the Gramm- and’’; and functions set forth in section 141(b)(2) from Leach-Bliley Act (15 U.S.C. 6809); and (VI) by adding at the end the following: any entity that has the capability and capac- ‘‘(ii) in the case of any loan issued or pro- ‘‘(vi) ensuring the integrity of the student ity to meet the requirements set by the PBO. vided to a student under part D of title IV, assistance programs authorized under title The Chief Operating Officer is authorized to the Secretary; and IV.’’; and pay fees that are equivalent to those paid by ‘‘(B) includes any individual, group, or en- (iii) in subparagraph (B), by striking ‘‘oper- other entities to an organization that pro- tity acting on behalf of the lender in connec- ations and services’’ and inserting ‘‘activi- vides services that meet the requirements of tion with an educational loan. ties and functions’’; and the PBO, as determined by the Chief Oper- ‘‘(6) OFFICER.—The term ‘officer’ includes a (3) in subsection (c)— ating Officer.’’; director or trustee of an institution. (A) in the subsection heading, by striking (3) in subsection (d)(2)(B), by striking ‘‘on ‘‘SEC. 152. REQUIREMENTS FOR LENDERS AND IN- ‘‘PERFORMANCE PLAN AND REPORT’’ and in- Federal Government contracts’’; STITUTIONS PARTICIPATING IN EDU- serting ‘‘PERFORMANCE PLAN, REPORT, AND (4) in subsection (g)— CATIONAL LOAN ARRANGEMENTS. BRIEFING’’; (A) in paragraph (4)(A)— ‘‘(a) USE OF LENDER NAME.—A covered in- (B) in paragraph (1)(C)— (i) in the subparagraph heading, by strik- stitution that enters into an educational loan arrangement shall disclose the name of (i) in clause (iii), by striking ‘‘information ing ‘‘SOLE SOURCE.—’’ and inserting ‘‘SINGLE- the lender in documentation related to the and delivery’’; and SOURCE BASIS.—’’; and loan. (ii) in clause (iv)— (ii) by striking ‘‘sole-source’’ and inserting ‘‘(b) DISCLOSURES.— (I) by striking ‘‘Developing an’’ and insert- ‘‘single-source’’; and ‘‘(1) DISCLOSURES BY LENDERS.—Before a ing ‘‘Developing’’; and (B) in paragraph (7), by striking ‘‘sole- lender issues or otherwise provides an edu- (II) by striking ‘‘delivery and information source’’ and inserting ‘‘single-source’’; cational loan to a student, the lender shall system’’ and inserting ‘‘systems’’; (5) in subsection (h)(2)(A), by striking provide the student, in writing, with the dis- (C) in paragraph (2)— ‘‘sole-source’’ and inserting ‘‘single-source’’; closures described in paragraph (2). (i) in subparagraph (A), by inserting ‘‘the’’ and ‘‘(2) DISCLOSURES.—The disclosures re- after ‘‘PBO and’’; and (6) in subsection (l), by striking paragraph quired by this paragraph shall include a (ii) in subparagraph (B), by striking ‘‘Offi- (3) and inserting the following: clear and prominent statement— cer’’ and inserting ‘‘Officers’’; ‘‘(3) SINGLE-SOURCE BASIS.—The term ‘sin- ‘‘(A) of the interest rates of the edu- (D) in paragraph (3), by inserting ‘‘stu- gle-source basis’, with respect to an award of cational loan being offered; dents,’’ after ‘‘consult with’’; and a contract, means that the contract is ‘‘(B) showing sample educational loan (E) by adding at the end the following: awarded to a source after soliciting an offer costs, disaggregated by type; ‘‘(4) BRIEFING ON ENFORCEMENT OF STUDENT or offers from, and negotiating with, only ‘‘(C) that describes, with respect to each LOAN PROVISIONS.—The Chief Operating Offi- such source (although such source is not the type of educational loan being offered— cer shall provide an annual briefing to the only source in the marketplace capable of ‘‘(i) the types of repayment plans that are members of the authorizing committees on meeting the need) because such source is the available; the steps the PBO has taken and is taking to most advantageous source for purposes of ‘‘(ii) whether, and under what conditions, ensure that lenders are providing the infor- the award.’’. early repayment may be made without pen- mation required under clauses (iii) and (iv) SEC. 113. INSTITUTION AND LENDER REPORTING alty; of section 428(c)(3)(C) and sections AND DISCLOSURE REQUIREMENTS. ‘‘(iii) when and how often interest on the 428(b)(1)(Z) and 428C(b)(1)(F).’’; Title I (20 U.S.C. 1001 et seq.) is amended loan will be capitalized; (4) in subsection (d)— by adding at the end the following: ‘‘(iv) the terms and conditions of (A) in paragraph (1), by striking the second deferments or forbearance; sentence; and ‘‘PART E—LENDER AND INSTITUTION RE- ‘‘(v) all available repayment benefits, the (B) in paragraph (5)— QUIREMENTS RELATING TO EDU- percentage of all borrowers who qualify for (i) in subparagraph (B), by striking ‘‘para- CATIONAL LOANS such benefits, and the percentage of bor- graph (2)’’ and inserting ‘‘paragraph (4)’’; and ‘‘SEC. 151. DEFINITIONS. rowers who received such benefits in the pre- (ii) in subparagraph (C), by striking ‘‘this’’; ‘‘In this part: ceding academic year, for each type of loan (5) in subsection (f)— ‘‘(1) COST OF ATTENDANCE.—The term ‘cost being offered; (A) in paragraph (2), by striking ‘‘to bor- of attendance’ has the meaning given the ‘‘(vi) the collection practices in the case of rowers’’ and inserting ‘‘to students, bor- term in section 472. default; and rowers,’’; and ‘‘(2) COVERED INSTITUTION.—The term ‘cov- ‘‘(vii) all fees that the borrower may be (B) in paragraph (3)(A), by striking ered institution’— charged, including late payment penalties ‘‘(1)(A)’’ and inserting ‘‘(1)’’; ‘‘(A) means any educational institution and associated fees; and (6) in subsection (g)(3), by striking ‘‘not that offers a postsecondary educational de- ‘‘(D) of such other information as the Sec- more than 25’’; gree, certificate, or program of study (in- retary may require in regulations. (7) in subsection (h), by striking ‘‘organiza- cluding any institution of higher education, ‘‘(c) DISCLOSURES TO THE SECRETARY BY tional effectiveness’’ and inserting ‘‘effec- as such term is defined in section 102) and re- LENDER.— tiveness’’; ceives any Federal funding or assistance; and ‘‘(1) IN GENERAL.—Each lender shall, on an (8) by striking subsection (i); ‘‘(B) includes any employee or agent of the annual basis, report to the Secretary any (9) by redesignating subsection (j) as sub- educational institution or any organization reasonable expenses paid or given under sec- section (i); and or entity affiliated with, or directly or indi- tion 435(d)(5)(D), 487(a)(21)(A)(ii), or 487(a)(21)(A)(iv) to any employee who is em- (10) in subsection (i) (as redesignated by rectly controlled by, such institution. ployed in the financial aid office of a covered paragraph (9)), by striking ‘‘, including tran- ‘‘(3) EDUCATIONAL LOAN.—The term ‘edu- institution, or who otherwise has respon- sition costs’’. cational loan’ means any loan made, insured, sibilities with respect to educational loans SEC. 112. PROCUREMENT FLEXIBILITY. or guaranteed under title IV. or other financial aid of the institution. Section 142 (20 U.S.C. 1018a) is amended— ‘‘(4) EDUCATIONAL LOAN ARRANGEMENT.— Such reports shall include— (1) in subsection (b)— The term ‘educational loan arrangement’ ‘‘(A) the amount of each specific instance (A) in paragraph (1)— means an arrangement or agreement be- in which the lender provided such reimburse- (i) by striking ‘‘for information systems tween a lender and a covered institution— ment; supporting the programs authorized under ‘‘(A) under which arrangement or agree- ‘‘(B) the name of the financial aid official title IV’’; and ment a lender provides or otherwise issues or other employee to whom the reimburse- (ii) by striking ‘‘and’’ after the semicolon; educational loans to the students attending ment was made; (B) in paragraph (2), by striking the period the covered institution or the parents of ‘‘(C) the dates of the activity for which the at the end and inserting ‘‘; and’’; and such students; and reimbursement was made; and (C) by adding at the end the following: ‘‘(B) which arrangement or agreement— ‘‘(D) a brief description of the activity for ‘‘(3) through the Chief Operating Officer— ‘‘(i) relates to the covered institution rec- which the reimbursement was made. ‘‘(A) to the maximum extent practicable, ommending, promoting, endorsing, or using ‘‘(2) REPORT TO CONGRESS.—The Secretary utilize procurement systems that streamline educational loans of the lender; and shall compile the information in paragraph operations, improve internal controls, and ‘‘(ii) involves the payment of any fee or (1) in a report and transmit such report to enhance management; and provision of other material benefit by the the authorizing committees annually. ‘‘(B) assess the efficiency of such systems lender to the institution or to groups of stu- ‘‘SEC. 153. INTEREST RATE REPORT FOR INSTITU- and assess such systems’ ability to meet dents who attend the institution. TIONS AND LENDERS PARTICI- PBO requirements.’’; ‘‘(5) LENDER.—The term ‘lender’— PATING IN EDUCATIONAL LOAN AR- (2) by striking subsection (c)(2) and insert- ‘‘(A) means— RANGEMENTS. ing the following: ‘‘(i) any lender— ‘‘(a) SECRETARY DUTIES.— ‘‘(2) FEE FOR SERVICE ARRANGEMENTS.—The ‘‘(I) of a loan made, insured, or guaranteed ‘‘(1) REPORT AND MODEL FORMAT.—Not later Chief Operating Officer shall, when appro- under part B of title IV; and than 180 days after the date of enactment of

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9991 the Higher Education Amendments of 2007, ficial for students attending the covered in- recently completed a postsecondary edu- the Secretary shall— stitution, or the parents of such students; cational program; ‘‘(A) prepare a report on the adequacy of and (C) what are the most promising ways of the information provided to students and the ‘‘(2) ensure that the report required under obtaining and displaying or disseminating parents of such students about educational paragraph (1) is made available to the public such information; loans, after consulting with students, rep- and provided to students attending or plan- (D) if a website is used for such informa- resentatives of covered institutions (includ- ning to attend the covered institution, and tion, whether the website should be run by a ing financial aid administrators, registrars, the parents of such students, in time for the governmental agency or contracted out to an and business officers), lenders, loan student or parent to take such information independent education or employment orga- servicers, and guaranty agencies; into account before applying for or selecting nization; ‘‘(B) include in the report a model format, an educational loan.’’. (E) whether a voluntary information sys- based on the report’s findings, to be used by SEC. 114. EMPLOYMENT OF POSTSECONDARY tem would work, both from the graduates’ lenders and covered institutions in carrying EDUCATION GRADUATES. and employers’ perspectives; out subsections (b) and (c)— (a) STUDY, ASSESSMENTS, AND REC- (F) the value of such information to future ‘‘(i) that provides information on the appli- OMMENDATIONS.—The Comptroller General of students, institutions, accrediting agencies cable interest rates and other terms and con- the United States shall— or associations, policymakers, and employ- ditions of the educational loans provided by (1) conduct a study of— ers, including how the information would be a lender to students attending the institu- (A) the information that States currently used and the practical applications of the in- tion, or the parents of such students, have on the employment of students who formation; disaggregated by each type of educational have completed postsecondary education (G) whether the request for such informa- loans provided to such students or parents by programs; tion is duplicative of information that is al- the lender, including— (B) the feasibility of collecting informa- ready being collected; and ‘‘(I) the interest rate and terms and condi- tion on students who complete all types of (H) whether the National Postsecondary tions of the loans offered by the lender for postsecondary education programs (includ- Student Aid Survey conducted by the Na- the upcoming academic year; ing 2- and 4-year degree, certificate, and pro- tional Center for Education Statistics could ‘‘(II) with respect to such loans, any bene- fessional and graduate programs) at all types be amended to collect such information. fits that are contingent on the repayment of institutions (including public, private (b) REPORTS.— behavior of the borrower; nonprofit, and for–profit schools), regard- (1) PRELIMINARY REPORT.—Not later than 1 ‘‘(III) the average amount borrowed from ing— year after the date of enactment of this Act, the lender by students enrolled in the insti- (i) employment, including— the Comptroller General shall submit to tution who obtain loans of such type from (I) the type of job obtained not later than Congress a preliminary report regarding the the lender for the preceding academic year; 6 months after the completion of the degree, study, assessments, and recommendations ‘‘(IV) the average interest rate on such certificate, or program; described in subsection (a). loans provided to such students for the pre- (II) whether such job was related to the (2) FINAL REPORT.—Not later than 2 years ceding academic year; and course of study; after the date of enactment of this Act, the ‘‘(V) the amount that the borrower may (III) the starting salary for such job; and Comptroller General shall submit to Con- repay in interest, based on the standard re- (IV) the student’s satisfaction with the gress a final report regarding such study, as- payment period of a loan, on the average student’s preparation for such job and guid- sessments, and recommendations. amount borrowed from the lender by stu- ance provided with respect to securing the SEC. 115. FOREIGN MEDICAL SCHOOLS. dents enrolled in the institution who obtain job; and (a) PERCENTAGE PASS RATE.— loans of such type from the lender for the (ii) for recipients of Federal student aid, (1) IN GENERAL.—Section preceding academic year; and the type of assistance received, so that the 102(a)(2)(A)(i)(I)(bb) (20 U.S.C. ‘‘(ii) which format shall be easily usable by information can be used to evaluate various 1002(a)(2)(A)(i)(I)(bb)) is amended by striking lenders, institutions, guaranty agencies, education programs; ‘‘60’’ and inserting ‘‘75’’. loan servicers, parents, and students; and (C) the evaluation systems used by other (2) EFFECTIVE DATE.—The amendment ‘‘(C)(i) submit the report and model format industries to identify successful programs made by paragraph (1) shall take effect on to the authorizing committees; and and challenges, set priorities, monitor per- July 1, 2010. ‘‘(ii) make the report and model format formance, and make improvements; (b) STUDY.— available to covered institutions, lenders, (D) the best means of collecting informa- (1) IN GENERAL.—Not later than 2 years and the public. tion from or regarding recent postsecondary after the date of enactment of this Act, the graduates, including— Comptroller General of the United States ‘‘(2) USE OF FORM.—The Secretary shall take such steps as necessary to make the (i) whether a national website would be the shall— (A) complete a study that shall examine model format available to covered institu- most effective way to collect information; American students receiving Federal finan- tions and to encourage— (ii) whether postsecondary graduates could be encouraged to submit voluntary informa- cial aid to attend graduate medical schools ‘‘(A) lenders subject to subsection (b) to tion by allowing a graduate to access aggre- located outside of the United States; and use the model format in providing the infor- gated information about other graduates (B) submit to Congress a report setting mation required under subsection (b); and (such as graduates from the graduate’s forth the conclusions of the study. ‘‘(B) covered institutions to use such for- school, with the graduate’s degree, or in the (2) CONTENTS.—The study conducted under mat in preparing the information report graduate’s area) if the graduate completes an this subsection shall include the following: under subsection (c). ‘‘(b) LENDER DUTIES.—Each lender that has online questionnaire; (A) The amount of Federal student finan- an educational loan arrangement with a cov- (iii) whether employers could be encour- cial aid dollars that are being spent on grad- ered institution shall annually, by a date de- aged to submit information by allowing an uate medical schools located outside of the termined by the Secretary, provide to the employer to access aggregated information United States every year, and the percentage covered institution and to the Secretary the about graduates (such as institutions of of overall student aid such amount rep- information included on the model format higher education attended, degrees, or start- resents. for each type of educational loan provided by ing pay) if the employer completes an online (B) The percentage of students of such the lender to students attending the covered questionnaire to evaluate the employer’s medical schools who pass the examinations institution, or the parents of such students, satisfaction with the graduates the employer administered by the Educational Commis- for the preceding academic year. hires; and sion for Foreign Medical Graduates the first ‘‘(c) COVERED INSTITUTION DUTIES.—Each (iv) whether postsecondary institutions time. covered institution shall— that receive Federal funds or whose students (C) The percentage of students of such ‘‘(1) prepare and submit to the Secretary have received Federal student financial aid medical schools who pass the examinations an annual report, by a date determined by could be required to submit aggregated infor- administered by the Educational Commis- the Secretary, that includes, for each lender mation about the graduates of the institu- sion for Foreign Medical Graduates after that has an educational loan arrangement tions; and taking such examinations multiple times, with the covered institution and that has (E) the best means of displaying employ- disaggregated by how many times the stu- submitted to the institution the information ment information; and dents had to take the examinations to pass. required under subsection (b)— (2) provide assessments and recommenda- (D) The percentage of recent graduates of ‘‘(A) the information included on the tions regarding— such medical schools practicing medicine in model format for each type of educational (A) whether successful State cooperative the United States, and a description of where loan provided by the lender to students at- relationships between higher education sys- the students are practicing and what types tending the covered institution, or the par- tem offices and State agencies responsible of medicine the students are practicing. ents of such students; and for employment statistics can be encouraged (E) The rate of graduates of such medical ‘‘(B) a detailed explanation of why the cov- and replicated in other States; schools who lose malpractice lawsuits or ered institution believes the terms and con- (B) whether there is value in collecting ad- have the graduates’ medical licenses re- ditions of each type of educational loan pro- ditional information from or about the em- voked, as compared to graduates of graduate vided pursuant to the agreement are bene- ployment experience of individuals who have medical schools located in the United States.

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(F) Recommendations regarding the per- families’ means children as described in sec- ‘‘(11) HIGH-NEED LOCAL EDUCATIONAL AGEN- centage passing rate of the examinations ad- tion 1124(c)(1)(A) of the Elementary and Sec- CY.—The term ‘high-need local educational ministered by the Educational Commission ondary Education Act of 1965. agency’ means a local educational agency— for Foreign Medical Graduates that the ‘‘(3) CORE ACADEMIC SUBJECTS.—The term ‘‘(A)(i) for which not less than 20 percent of United States should require of graduate ‘core academic subjects’ has the meaning the children served by the agency are chil- medical schools located outside of the given the term in section 9101 of the Elemen- dren from low-income families; United States for Federal financial aid pur- tary and Secondary Education Act of 1965. ‘‘(ii) that serves not fewer than 10,000 chil- poses. ‘‘(4) EARLY CHILDHOOD EDUCATION PRO- dren from low-income families; or SEC. 116. DEMONSTRATION AND CERTIFICATION GRAM.—The term ‘early childhood education ‘‘(iii) with a total of less than 600 students REGARDING THE USE OF CERTAIN program’ means— in average daily attendance at the schools FEDERAL FUNDS. ‘‘(A) a Head Start program or an Early that are served by the agency and all of (a) PROHIBITION.—No Federal funds re- Head Start program carried out under the whose schools are designated with a school ceived by an institution of higher education Head Start Act (42 U.S.C. 9831 et seq.); locale code of 6, 7, or 8, as determined by the or other postsecondary educational institu- ‘‘(B) a State licensed or regulated child Secretary; and tion may be used to pay any person for influ- care program or school; or ‘‘(B)(i) for which there is a high percentage encing or attempting to influence an officer ‘‘(C) a State prekindergarten program that of teachers not teaching in the academic or employee of any agency, a Member of serves children from birth through kinder- subject areas or grade levels in which the Congress, an officer or employee of Congress, garten and that addresses the children’s cog- teachers were trained to teach; or or an employee of a Member of Congress in nitive (including language, early literacy, ‘‘(ii) for which there is a high teacher turn- connection with any Federal action de- and pre-numeracy), social, emotional, and over rate or a high percentage of teachers scribed in subsection (b). physical development. with emergency, provisional, or temporary (b) APPLICABILITY.—The prohibition in sub- ‘‘(5) EARLY CHILDHOOD EDUCATOR.—The certification or licensure. section (a) applies with respect to the fol- term ‘early childhood educator’ means an in- ‘‘(12) HIGH-NEED SCHOOL.—The term ‘high- lowing Federal actions: dividual with primary responsibility for the need school’ means a public elementary (1) The awarding of any Federal contract. education of children in an early childhood school or public secondary school that— (2) The making of any Federal grant. education program. ‘‘(A) is among the highest 25 percent of (3) The making of any Federal loan. ‘‘(6) EDUCATIONAL SERVICE AGENCY.—The (4) The entering into of any Federal coop- term ‘educational service agency’ has the schools served by the local educational agen- erative agreement. meaning given the term in section 9101 of the cy that serves the school, in terms of the (5) The extension, continuation, renewal, Elementary and Secondary Education Act of percentage of students from families with in- amendment, or modification of any Federal 1965. comes below the poverty line; or contract, grant, loan, or cooperative agree- ‘‘(7) ELIGIBLE PARTNERSHIP.—The term ‘eli- ‘‘(B) is designated with a school locale code ment. gible partnership’ means an entity that— of 6, 7, or 8, as determined by the Secretary. (c) LOBBYING AND EARMARKS.—No Federal ‘‘(A) shall include— ‘‘(13) HIGHLY COMPETENT.—The term ‘high- student aid funding may be used to hire a ‘‘(i) a high-need local educational agency; ly competent’, when used with respect to an registered lobbyist or pay any person or enti- ‘‘(ii) a high-need school or a consortium of early childhood educator, means an educa- ty for securing an earmark. high-need schools served by the high-need tor— (d) DEMONSTRATION AND CERTIFICATION.— local educational agency or, as applicable, a ‘‘(A) with specialized education and train- Each institution of higher education or other high-need early childhood education pro- ing in development and education of young postsecondary educational institution re- gram; children from birth until entry into kinder- ceiving Federal funding, as a condition for ‘‘(iii) a partner institution; garten; receiving such funding, shall annually dem- ‘‘(iv) a school, department, or program of ‘‘(B) with— onstrate and certify to the Secretary of Edu- education within such partner institution; ‘‘(i) a baccalaureate degree in an academic cation that the requirements of subsections and major in the arts and sciences; or (a) through (c) have been met. ‘‘(v) a school or department of arts and ‘‘(ii) an associate’s degree in a related edu- (e) ACTIONS TO IMPLEMENT AND ENFORCE.— sciences within such partner institution; and cational area; and The Secretary of Education shall take such ‘‘(B) may include any of the following: ‘‘(C) who has demonstrated a high level of actions as are necessary to ensure that the ‘‘(i) The Governor of the State. knowledge and use of content and pedagogy provisions of this section are vigorously im- ‘‘(ii) The State educational agency. in the relevant areas associated with quality plemented and enforced. ‘‘(iii) The State board of education. early childhood education. TITLE II—TEACHER QUALITY ‘‘(iv) The State agency for higher edu- ‘‘(14) HIGHLY QUALIFIED.—The term ‘highly ENHANCEMENT cation. qualified’ has the meaning given such term SEC. 201. TEACHER QUALITY PARTNERSHIP ‘‘(v) A business. in section 9101 of the Elementary and Sec- GRANTS. ‘‘(vi) A public or private nonprofit edu- ondary Education Act of 1965 and, with re- Part A of title II (20 U.S.C. 1021 et seq.) is cational organization. spect to special education teachers, in sec- amended to read as follows: ‘‘(vii) An educational service agency. tion 602 of the Individuals with Disabilities ‘‘PART A—TEACHER QUALITY ‘‘(viii) A teacher organization. Education Act. PARTNERSHIP GRANTS ‘‘(ix) A high-performing local educational ‘‘(15) INDUCTION PROGRAM.—The term ‘in- ‘‘SEC. 201. PURPOSES; DEFINITIONS. agency, or a consortium of such local edu- duction program’ means a formalized pro- ‘‘(a) PURPOSES.—The purposes of this part cational agencies, that can serve as a re- gram for new teachers during not less than are to— source to the partnership. the teachers’ first 2 years of teaching that is ‘‘(1) improve student achievement; ‘‘(x) A charter school (as defined in section designed to provide support for, and improve ‘‘(2) improve the quality of the current and 5210 of the Elementary and Secondary Edu- the professional performance and advance future teaching force by improving the prep- cation Act of 1965). the retention in the teaching field of, begin- aration of prospective teachers and enhanc- ‘‘(xi) A school or department within the ning teachers. Such program shall promote ing professional development activities; partner institution that focuses on psy- effective teaching skills and shall include ‘‘(3) hold institutions of higher education chology and human development. the following components: accountable for preparing highly qualified ‘‘(xii) A school or department within the ‘‘(A) High-quality teacher mentoring. teachers; and partner institution with comparable exper- ‘‘(B) Periodic, structured time for collabo- ‘‘(4) recruit qualified individuals, including tise in the disciplines of teaching, learning, ration with teachers in the same department minorities and individuals from other occu- and child and adolescent development. or field, as well as time for information-shar- pations, into the teaching force. ‘‘(8) ESSENTIAL COMPONENTS OF READING IN- ing among teachers, principals, administra- ‘‘(b) DEFINITIONS.—In this part: STRUCTION.—The term ‘essential components tors, and participating faculty in the partner ‘‘(1) ARTS AND SCIENCES.—The term ‘arts of reading instruction’ has the meaning institution. and sciences’ means— given such term in section 1208 of the Ele- ‘‘(C) The application of empirically based ‘‘(A) when referring to an organizational mentary and Secondary Education Act of practice and scientifically valid research on unit of an institution of higher education, 1965. instructional practices. any academic unit that offers 1 or more aca- ‘‘(9) EXEMPLARY TEACHER.—The term ‘ex- ‘‘(D) Opportunities for new teachers to demic majors in disciplines or content areas emplary teacher’ has the meaning given such draw directly upon the expertise of teacher corresponding to the academic subject mat- term in section 9101 of the Elementary and mentors, faculty, and researchers to support ter areas in which teachers provide instruc- Secondary Education Act of 1965. the integration of empirically based practice tion; and ‘‘(10) HIGH-NEED EARLY CHILDHOOD EDU- and scientifically valid research with prac- ‘‘(B) when referring to a specific academic CATION PROGRAM.—The term ‘high-need early tice. subject area, the disciplines or content areas childhood education program’ means an ‘‘(E) The development of skills in instruc- in which academic majors are offered by the early childhood education program serving tional and behavioral interventions derived arts and sciences organizational unit. children from low-income families that is lo- from empirically based practice and, where ‘‘(2) CHILDREN FROM LOW-INCOME FAMI- cated within the geographic area served by a applicable, scientifically valid research. LIES.—The term ‘children from low-income high-need local educational agency. ‘‘(F) Faculty who—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9993 ‘‘(i) model the integration of research and ‘‘(v) presentation of studies and methods in order thinking skills, including application, practice in the classroom; and sufficient detail and clarity to allow for rep- analysis, synthesis, and evaluation; ‘‘(ii) assist new teachers with the effective lication or, at a minimum, to offer the op- ‘‘(E) effectively manage a classroom; use and integration of technology in the portunity to build systematically on the ‘‘(F) communicate and work with parents classroom. findings of the research; and guardians, and involve parents and ‘‘(G) Interdisciplinary collaboration among ‘‘(vi) acceptance by a peer-reviewed journal guardians in their children’s education; and exemplary teachers, faculty, researchers, or critique by a panel of independent experts ‘‘(G) use, in the case of an early childhood and other staff who prepare new teachers on through a comparably rigorous, objective, educator, age- and developmentally-appro- the learning process and the assessment of and scientific review; and priate strategies and practices for children learning. ‘‘(vii) use of research designs and methods in early education programs. ‘‘(H) Assistance with the understanding of appropriate to the research question posed. ‘‘(23) TEACHING RESIDENCY PROGRAM.—The data, particularly student achievement data, ‘‘(19) PROFESSIONAL DEVELOPMENT.—The term ‘teaching residency program’ means a and the data’s applicability in classroom in- term ‘professional development’ has the school-based teacher preparation program in struction. meaning given the term in section 9101 of the which a prospective teacher— ‘‘(I) Regular evaluation of the new teacher. Elementary and Secondary Education Act of ‘‘(A) for 1 academic year, teaches alongside 1965. a mentor teacher, who is the teacher of ‘‘(16) LIMITED ENGLISH PROFICIENT.—The term ‘limited English proficient’ has the ‘‘(20) SCIENTIFICALLY VALID RESEARCH.—The record; meaning given such term in section 9101 of term ‘scientifically valid research’ includes ‘‘(B) receives concurrent instruction dur- applied research, basic research, and field- ing the year described in subparagraph (A) the Elementary and Secondary Education initiated research in which the rationale, de- from the partner institution, which courses Act of 1965. sign, and interpretation are soundly devel- may be taught by local educational agency ‘‘(17) PARTNER INSTITUTION.—The term oped in accordance with accepted principles personnel or residency program faculty, in ‘partner institution’ means an institution of of scientific research. the teaching of the content area in which the higher education, which may include a 2- ‘‘(21) TEACHER MENTORING.—The term teacher will become certified or licensed; year institution of higher education offering ‘teacher mentoring’ means the mentoring of ‘‘(C) acquires effective teaching skills; and a dual program with a 4-year institution of new or prospective teachers through a new ‘‘(D) prior to completion of the program, higher education, participating in an eligible or established program that— earns a master’s degree, attains full State partnership that has a teacher preparation ‘‘(A) includes clear criteria for the selec- teacher certification or licensure, and be- program— tion of teacher mentors who will provide role comes highly qualified. ‘‘(A) whose graduates exhibit strong per- model relationships for mentees, which cri- ‘‘SEC. 202. PARTNERSHIP GRANTS. formance on State-determined qualifying as- teria shall be developed by the eligible part- ‘‘(a) PROGRAM AUTHORIZED.—From sessments for new teachers through— nership and based on measures of teacher ef- amounts made available under section 208, ‘‘(i) demonstrating that 80 percent or more fectiveness; the Secretary is authorized to award grants, of the graduates of the program who intend ‘‘(B) provides high-quality training for on a competitive basis, to eligible partner- to enter the field of teaching have passed all such mentors, including instructional strate- ships, to enable the eligible partnerships to of the applicable State qualification assess- gies for literacy instruction; carry out the activities described in sub- ments for new teachers, which shall include ‘‘(C) provides regular and ongoing opportu- section (c). an assessment of each prospective teacher’s nities for mentors and mentees to observe ‘‘(b) APPLICATION.—Each eligible partner- subject matter knowledge in the content each other’s teaching methods in classroom ship desiring a grant under this section shall area in which the teacher intends to teach; settings during the day in a high-need school submit an application to the Secretary at or in the high-need local educational agency in such time, in such manner, and accompanied ‘‘(ii) being ranked among the highest-per- the eligible partnership; by such information as the Secretary may forming teacher preparation programs in the ‘‘(D) provides mentoring to each mentee by require. Each such application shall con- State as determined by the State— a colleague who teaches in the same field, tain— ‘‘(I) using criteria consistent with the re- grade, or subject as the mentee; ‘‘(1) a needs assessment of all the partners quirements for the State report card under ‘‘(E) promotes empirically based practice in the eligible partnership with respect to section 205(b); and of, and scientifically valid research on, the preparation, ongoing training, profes- ‘‘(II) using the State report card on teacher where applicable— sional development, and retention, of gen- preparation required under section 205(b), ‘‘(i) teaching and learning; eral and special education teachers, prin- after the first publication of such report card ‘‘(ii) assessment of student learning; cipals, and, as applicable, early childhood and for every year thereafter; or ‘‘(iii) the development of teaching skills educators; ‘‘(B) that requires— through the use of instructional and behav- ‘‘(2) a description of the extent to which ‘‘(i) each student in the program to meet ioral interventions; and the program prepares prospective and new high academic standards and participate in ‘‘(iv) the improvement of the mentees’ ca- teachers with strong teaching skills; intensive clinical experience; pacity to measurably advance student learn- ‘‘(3) a description of the extent to which ‘‘(ii) each student in the program preparing ing; and the program will prepare prospective and to become a teacher to become highly quali- ‘‘(F) includes— new teachers to understand research and fied; and ‘‘(i) common planning time or regularly data and the applicability of research and ‘‘(iii) each student in the program pre- scheduled collaboration for the mentor and data in the classroom; paring to become an early childhood educa- mentee; and ‘‘(4) a description of how the partnership tor to meet degree requirements, as estab- ‘‘(ii) joint professional development oppor- will coordinate strategies and activities as- lished by the State, and become highly com- tunities. sisted under the grant with other teacher petent. ‘‘(22) TEACHING SKILLS.—The term ‘teach- preparation or professional development pro- ‘‘(18) PRINCIPLES OF SCIENTIFIC RESEARCH.— ing skills’ means skills that enable a teacher grams, including those funded under the Ele- The term ‘principles of scientific research’ to— mentary and Secondary Education Act of means research that— ‘‘(A) increase student learning, achieve- 1965 and the Individuals with Disabilities ‘‘(A) applies rigorous, systematic, and ob- ment, and the ability to apply knowledge; Education Act, and through the National jective methodology to obtain reliable and ‘‘(B) effectively convey and explain aca- Science Foundation, and how the activities valid knowledge relevant to education ac- demic subject matter; of the partnership will be consistent with tivities and programs; ‘‘(C) employ strategies grounded in the dis- State, local, and other education reform ac- ‘‘(B) presents findings and makes claims ciplines of teaching and learning that— tivities that promote student achievement; that are appropriate to and supported by the ‘‘(i) are based on empirically based prac- ‘‘(5) a resource assessment that describes methods that have been employed; and tice and scientifically valid research, where the resources available to the partnership, ‘‘(C) includes, appropriate to the research applicable, on teaching and learning; including— being conducted— ‘‘(ii) are specific to academic subject mat- ‘‘(A) the integration of funds from other ‘‘(i) use of systematic, empirical methods ter; and related sources; that draw on observation or experiment; ‘‘(iii) focus on the identification of stu- ‘‘(B) the intended use of the grant funds; ‘‘(ii) use of data analyses that are adequate dents’ specific learning needs, particularly ‘‘(C) the commitment of the resources of to support the general findings; students with disabilities, students who are the partnership to the activities assisted ‘‘(iii) reliance on measurements or obser- limited English proficient, students who are under this section, including financial sup- vational methods that provide reliable and gifted and talented, and students with low port, faculty participation, and time com- generalizable findings; literacy levels, and the tailoring of academic mitments, and to the continuation of the ac- ‘‘(iv) claims of causal relationships only in instruction to such needs; tivities when the grant ends; research designs that substantially elimi- ‘‘(D) conduct an ongoing assessment of stu- ‘‘(6) a description of— nate plausible competing explanations for dent learning, which may include the use of ‘‘(A) how the partnership will meet the the obtained results, which may include but formative assessments, performance-based purposes of this part; shall not be limited to random-assignment assessments, project-based assessments, or ‘‘(B) how the partnership will carry out the experiments; portfolio assessments, that measure higher- activities required under subsection (d) or (e)

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9994 CONGRESSIONAL RECORD — SENATE July 25, 2007 based on the needs identified in paragraph ble, each preparation program for early ‘‘(i) clinical learning in classrooms in high- (1), with the goal of improving student childhood education programs, of the eligible need schools served by the high-need local achievement; partnership that is assisted under this sec- educational agency in the eligible partner- ‘‘(C) the partnership’s evaluation plan tion, to hold each program accountable for— ship and identified by the eligible partner- under section 204(a); ‘‘(i) preparing— ship; and ‘‘(D) how the partnership will align the ‘‘(I) current or prospective teachers to be ‘‘(ii) closely supervised interaction be- teacher preparation program with the— highly qualified (including teachers in rural tween faculty and new and experienced ‘‘(i) State early learning standards for school districts who may teach multiple sub- teachers, principals, and other administra- early childhood education programs, as ap- jects, special educators, and teachers of stu- tors at early childhood education programs propriate, and with the relevant domains of dents who are limited English proficient who (as applicable), elementary schools, or sec- early childhood development; and may teach multiple subjects); ondary schools, and providing support for ‘‘(ii) the student academic achievement ‘‘(II) such teachers and, as applicable, early such interaction. standards and academic content standards childhood educators, to understand empiri- ‘‘(B) Integrate pedagogy and classroom under section 1111(b)(2) of the Elementary cally based practice and scientifically valid practice and promote effective teaching and Secondary Education Act of 1965, estab- research on teaching and learning and its ap- skills in academic content areas. lished by the State in which the partnership plicability, and to use technology effec- ‘‘(C) Provide high-quality teacher men- is located; tively, including the use of instructional toring. ‘‘(E) how faculty at the partner institution techniques to improve student achievement; ‘‘(D)(i) Be offered over the course of a pro- will work with, during the term of the grant, gram of teacher preparation; and highly qualified teachers in the classrooms ‘‘(ii) be tightly aligned with course work ‘‘(III) as applicable, early childhood edu- of schools served by the high-need local edu- (and may be developed as a 5th year of a cators to be highly competent; and cational agency in the partnership to provide teacher preparation program); and ‘‘(ii) promoting strong teaching skills and, high-quality professional development ac- ‘‘(iii) where feasible, allow prospective as applicable, techniques for early childhood tivities; teachers to learn to teach in the same school educators to improve children’s cognitive, ‘‘(F) how the partnership will design, im- district in which the teachers will work, social, emotional, and physical development. plement, or enhance a year-long, rigorous, learning the instructional initiatives and ‘‘(B) REQUIRED REFORMS.—The reforms de- and enriching teaching preservice clinical curriculum of that district. scribed in subparagraph (A) shall include— program component; ‘‘(E) Provide support and training for those ‘‘(i) implementing teacher preparation pro- ‘‘(G) the in-service professional develop- individuals participating in an activity for gram curriculum changes that improve, ment strategies and activities to be sup- prospective teachers described in this para- evaluate, and assess how well all prospective ported; and graph or paragraph (1) or (2), and for those and new teachers develop teaching skills; ‘‘(H) how the partnership will collect, ana- who serve as mentors for such teachers, ‘‘(ii) using empirically based practice and lyze, and use data on the retention of all based on each individual’s experience. Such scientifically valid research, where applica- teachers and early childhood educators in support may include— ble, about the disciplines of teaching and schools and early childhood programs lo- ‘‘(i) with respect to a prospective teacher learning so that all prospective teachers and, cated in the geographic area served by the or a mentor, release time for such individ- as applicable, early childhood educators— partnership to evaluate the effectiveness of ual’s participation; ‘‘(I) can understand and implement re- the partnership’s teacher and educator sup- ‘‘(ii) with respect to a faculty member, re- search-based teaching practices in class- port system; and ceiving course workload credit and com- room-based instruction; ‘‘(7) with respect to the induction program pensation for time teaching in the eligible ‘‘(II) have knowledge of student learning required as part of the activities carried out partnership’s activities; and methods; under this section— ‘‘(iii) with respect to a mentor, a stipend, ‘‘(III) possess skills to analyze student aca- ‘‘(A) a demonstration that the schools and which may include bonus, differential, incen- demic achievement data and other measures departments within the institution of higher tive, or merit or performance-based pay. of student learning and use such data and education that are part of the induction pro- ‘‘(3) INDUCTION PROGRAMS FOR NEW TEACH- measures to improve instruction in the gram have relevant and essential roles in the ERS.—Creating an induction program for new classroom; effective preparation of teachers, including teachers, or, in the case of an early child- ‘‘(IV) possess teaching skills and an under- content expertise and expertise in teaching; hood education program, providing men- standing of effective instructional strategies ‘‘(B) a demonstration of the partnership’s toring or coaching for new early childhood across all applicable content areas that en- capability and commitment to the use of em- educators. able the teachers and early childhood edu- pirically based practice and scientifically ‘‘(4) SUPPORT AND TRAINING FOR PARTICI- cators to— valid research on teaching and learning, and PANTS IN EARLY CHILDHOOD EDUCATION PRO- ‘‘(aa) meet the specific learning needs of the accessibility to and involvement of fac- GRAMS.—In the case of an eligible partner- all students, including students with disabil- ulty; ship focusing on early childhood educator ities, students who are limited English pro- ‘‘(C) a description of how the teacher prep- preparation, implementing initiatives that ficient, students who are gifted and talented, aration program will design and implement increase compensation for early childhood students with low literacy levels and, as ap- an induction program to support all new educators who attain associate or bacca- plicable, children in early childhood edu- teachers through not less than the first 2 laureate degrees in early childhood edu- cation programs; and years of teaching in the further development cation. ‘‘(bb) differentiate instruction for such stu- of the new teachers’ teaching skills, includ- ‘‘(5) TEACHER RECRUITMENT.—Developing dents; and ing the use of mentors who are trained and and implementing effective mechanisms to ‘‘(V) can successfully employ effective compensated by such program for the men- ensure that the eligible partnership is able strategies for reading instruction using the tors’ work with new teachers; and to recruit qualified individuals to become essential components of reading instruction; ‘‘(D) a description of how faculty involved highly qualified teachers through the activi- ‘‘(iii) ensuring collaboration with depart- in the induction program will be able to sub- ties of the eligible partnership. ments, programs, or units of a partner insti- ‘‘(e) PARTNERSHIP GRANTS FOR THE ESTAB- stantially participate in an early childhood tution outside of the teacher preparation LISHMENT OF TEACHING RESIDENCY PRO- education program or an elementary or sec- program in all academic content areas to en- GRAMS.— ondary school classroom setting, as applica- sure that new teachers receive training in ‘‘(1) IN GENERAL.—An eligible partnership ble, including release time and receiving both teaching and relevant content areas in receiving a grant to carry out an effective workload credit for such participation. order to become highly qualified; teaching residency program shall carry out a ‘‘(c) REQUIRED USE OF GRANT FUNDS.—An eligible partnership that receives a grant ‘‘(iv) developing and implementing an in- program that includes all of the following under this part shall use grant funds to carry duction program; and activities: out a program for the pre-baccalaureate ‘‘(v) developing admissions goals and prior- ‘‘(A) Supporting a teaching residency pro- preparation of teachers under subsection (d), ities with the hiring objectives of the high- gram described in paragraph (2) for high- a teaching residency program under sub- need local educational agency in the eligible need subjects and areas, as determined by section (e), or both such programs. partnership. the needs of the high-need local educational ‘‘(d) PARTNERSHIP GRANTS FOR PRE-BACCA- ‘‘(2) CLINICAL EXPERIENCE AND INTER- agency in the partnership. LAUREATE PREPARATION OF TEACHERS.—An ACTION.—Developing and improving a sus- ‘‘(B) Modifying staffing procedures to pro- eligible partnership that receives a grant to tained and high-quality pre-service clinical vide greater flexibility for local educational carry out an effective program for the pre- education program to further develop the agency and school leaders to establish effec- baccalaureate preparation of teachers shall teaching skills of all prospective teachers tive school-level staffing in order to facili- carry out a program that includes all of the and, as applicable, early childhood edu- tate placement of graduates of the teaching following: cators, involved in the program. Such pro- residency program in cohorts that facilitate ‘‘(1) REFORMS.— gram shall do the following: professional collaboration, both among grad- ‘‘(A) IN GENERAL.—Implementing reforms, ‘‘(A) Incorporate year-long opportunities uates of the teaching residency program and described in subparagraph (B), within each for enrichment activity or a combination of between such graduates and mentor teachers teacher preparation program and, as applica- activities, including— in the receiving school.

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‘‘(C) Ensuring that teaching residents that record, through an induction program, pro- ‘‘(3) WRITTEN CONSENT.—The Secretary participated in the teaching residency pro- fessional development, and networking op- may approve changes in grant activities of a gram receive— portunities to support the residents through grant under this section only if a written ‘‘(i) effective preservice preparation as de- not less than the residents’ first 2 years of consent signed by all members of the eligible scribed in paragraph (2); teaching. partnership is submitted to the Secretary. ‘‘(ii) teacher mentoring; ‘‘(B) SELECTION OF INDIVIDUALS AS TEACHER ‘‘(h) CONSTRUCTION.—Nothing in this sec- ‘‘(iii) induction through the induction pro- RESIDENTS.— tion shall be construed to prohibit an eligi- gram as the teaching residents enter the ‘‘(i) ELIGIBLE INDIVIDUAL.—In order to be ble partnership from using grant funds to co- classroom as new teachers; and eligible to be a teacher resident in a teach- ordinate with the activities of eligible part- ‘‘(iv) the preparation described in subpara- ing residency program under this paragraph, nerships in other States or on a regional graphs (A), (B), and (C) of subsection (d)(2). an individual shall— basis through Governors, State boards of ‘‘(2) TEACHING RESIDENCY PROGRAMS.— ‘‘(I) be a recent graduate of a 4-year insti- education, State educational agencies, State ‘‘(A) ESTABLISHMENT AND DESIGN.—A teach- tution of higher education or a mid-career agencies responsible for early childhood edu- ing residency program under this paragraph professional from outside the field of edu- cation, local educational agencies, or State shall be a program based upon models of suc- cation possessing strong content knowledge agencies for higher education. cessful teaching residencies that serves as a or a record of professional accomplishment; ‘‘(i) SUPPLEMENT, NOT SUPPLANT.—Funds mechanism to prepare teachers for success in and made available under this section shall be the high-need schools in the eligible partner- ‘‘(II) submit an application to the teaching used to supplement, and not supplant, other ship, and shall be designed to include the fol- residency program. Federal, State, and local funds that would lowing characteristics of successful pro- ‘‘(ii) SELECTION CRITERIA.—An eligible part- otherwise be expended to carry out activities grams: nership carrying out a teaching residency under this section. ‘‘(i) The integration of pedagogy, class- program under this subparagraph shall es- ‘‘SEC. 203. ADMINISTRATIVE PROVISIONS. room practice, and teacher mentoring. tablish criteria for the selection of eligible ‘‘(a) DURATION; NUMBER OF AWARDS; PAY- ‘‘(ii) Engagement of teaching residents in individuals to participate in the teaching MENTS.— rigorous graduate-level coursework to earn a residency program based on the following ‘‘(1) DURATION.—A grant awarded under master’s degree while undertaking a guided characteristics: this part shall be awarded for a period of 5 teaching apprenticeship. ‘‘(I) Strong content knowledge or record of years. ‘‘(iii) Experience and learning opportuni- accomplishment in the field or subject area ‘‘(2) NUMBER OF AWARDS.—An eligible part- ties alongside a trained and experienced to be taught. nership may not receive more than 1 grant mentor teacher— ‘‘(II) Strong verbal and written commu- during a 5-year period. Nothing in this title ‘‘(I) whose teaching shall complement the nication skills, which may be demonstrated shall be construed to prohibit an individual residency program so that classroom clinical by performance on appropriate tests. member, that can demonstrate need, of an practice is tightly aligned with coursework; ‘‘(III) Other attributes linked to effective eligible partnership that receives a grant ‘‘(II) who shall have extra responsibilities teaching, which may be determined by inter- under this title from entering into another as a teacher leader of the teaching residency views or performance assessments, as speci- eligible partnership consisting of new mem- program, as a mentor for residents, and as a fied by the eligible partnership. bers and receiving a grant with such other teacher coach during the induction program ‘‘(C) STIPEND AND SERVICE REQUIREMENT.— eligible partnership before the 5-year period for novice teachers, and for establishing, ‘‘(i) STIPEND.—A teaching residency pro- described in the preceding sentence applica- within the program, a learning community gram under this paragraph shall provide a 1- ble to the eligible partnership with which in which all individuals are expected to con- year living stipend or salary to teaching the individual member has first partnered tinually improve their capacity to advance residents during the 1-year teaching resi- has expired. student learning; and dency program. ‘‘(3) PAYMENTS.—The Secretary shall make ‘‘(III) who may have full relief from teach- ‘‘(ii) SERVICE REQUIREMENT.—As a condi- annual payments of grant funds awarded ing duties as a result of such additional re- tion of receiving a stipend under this sub- under this part. sponsibilities. paragraph, a teaching resident shall agree to ‘‘(b) PEER REVIEW.— ‘‘(iv) The establishment of clear criteria teach in a high-need school served by the ‘‘(1) PANEL.—The Secretary shall provide for the selection of mentor teachers based on high-need local educational agency in the el- the applications submitted under this part to measures of teacher effectiveness and the ap- igible partnership for a period of 3 or more a peer review panel for evaluation. With re- propriate subject area knowledge. Evalua- years after completing the 1-year teaching spect to each application, the peer review tion of teacher effectiveness shall be based residency program. panel shall initially recommend the applica- on observations of such domains of teaching tion for funding or for disapproval. ‘‘(iii) REPAYMENT.—If a teaching resident as the following: who received a stipend under this subpara- ‘‘(2) PRIORITY.—In recommending applica- ‘‘(I) Planning and preparation, including graph does not complete the service require- tions to the Secretary for funding under this demonstrated knowledge of content, peda- ment described in clause (ii), such individual part, the panel shall give priority— gogy, and assessment, including the use of shall repay to the high-need local edu- ‘‘(A) to applications from broad-based eli- formative assessments to improve student cational agency a pro rata portion of the sti- gible partnerships that involve businesses learning. pend amount for the amount of teaching and community organizations; and ‘‘(II) Appropriate instruction that engages time that the individual did not complete. ‘‘(B) to eligible partnerships so that the students with different learning styles. ‘‘(f) ALLOWABLE USE OF GRANT FUNDS.—An awards promote an equitable geographic dis- ‘‘(III) Collaboration with colleagues to im- eligible partnership that receives a grant tribution of grants among rural and urban prove instruction. under this part may use grant funds provided areas. ‘‘(IV) Analysis of gains in student learning, to carry out the activities described in sub- ‘‘(3) SECRETARIAL SELECTION.—The Sec- based on multiple measures, that, when fea- sections (d) and (e) to partner with a tele- retary shall determine, based on the peer re- sible, may include valid and reliable objec- vision public broadcast station, as defined in view process, which applications shall re- tive measures of the influence of teachers on section 397(6) of the Communications Act of ceive funding and the amounts of the grants. the rate of student academic progress. 1934 (47 U.S.C. 397(6)), for the purpose of im- In determining the grant amount, the Sec- ‘‘(V) In the case of mentor candidates who proving the quality of pre-baccalaureate retary shall take into account the total will be mentoring current or future literacy teacher preparation programs. The partner- amount of funds available for all grants and mathematics coaches or instructors, ap- ship may use such funds to enhance the qual- under this part and the types of activities propriate skills in the essential components ity of pre-service training for prospective proposed to be carried out by the eligible of reading instruction, teacher training in teachers, including through the use of digital partnership. literacy instructional strategies across core educational content and related services. ‘‘(c) MATCHING REQUIREMENTS.— subject areas, and teacher training in mathe- ‘‘(g) CONSULTATION.— ‘‘(1) IN GENERAL.—Each eligible partnership matics instructional strategies, as appro- ‘‘(1) IN GENERAL.—Members of an eligible receiving a grant under this part shall pro- priate. partnership that receives a grant under this vide, from non-Federal sources, an amount ‘‘(v) Grouping of teaching residents in co- section shall engage in regular consultation equal to 100 percent of the amount of the horts to facilitate professional collaboration throughout the development and implemen- grant, which may be provided in cash or in- among such residents. tation of programs and activities under this kind, to carry out the activities supported ‘‘(vi) The development of admissions goals section. by the grant. and priorities aligned with the hiring objec- ‘‘(2) REGULAR COMMUNICATION.—To ensure ‘‘(2) WAIVER.—The Secretary may waive all tives of the local educational agency timely and meaningful consultation, regular or part of the matching requirement de- partnering with the program, as well as the communication shall occur among all mem- scribed in paragraph (1) for any fiscal year instructional initiatives and curriculum of bers of the eligible partnership, including for an eligible partnership, if the Secretary the agency, in exchange for a commitment the high-need local educational agency. Such determines that applying the matching re- by the agency to hire graduates from the communication shall continue throughout quirement to the eligible partnership would teaching residency program. the implementation of the grant and the as- result in serious hardship or an inability to ‘‘(vii) Support for residents, once the sessment of programs and activities under carry out the authorized activities described teaching residents are hired as teachers of this section. in this part.

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‘‘(d) LIMITATION ON ADMINISTRATIVE EX- program and that enrolls students receiving licensure program and has fewer than 10 PENSES.—An eligible partnership that re- Federal assistance under this Act shall re- scores reported on any single initial teacher ceives a grant under this part may use not port annually to the State and the general certification or licensure assessment during more than 2 percent of the grant funds for public, in a uniform and comprehensible an academic year, the institution shall col- purposes of administering the grant. manner that conforms with the definitions lect and publish information, as required ‘‘SEC. 204. ACCOUNTABILITY AND EVALUATION. and methods established by the Secretary, under paragraph (1)(A), with respect to an ‘‘(a) ELIGIBLE PARTNERSHIP EVALUATION.— both for traditional teacher preparation pro- average pass rate and scaled score on each Each eligible partnership submitting an ap- grams and alternative routes to State cer- State certification or licensure assessment plication for a grant under this part shall es- tification or licensure programs, the fol- taken over a 3-year period. tablish and include in such application, an lowing information: ‘‘(b) STATE REPORT CARD ON THE QUALITY evaluation plan that includes strong per- ‘‘(A) PASS RATES AND SCALED SCORES.—For OF TEACHER PREPARATION.— ‘‘(1) IN GENERAL.—Each State that receives formance objectives. The plan shall include the most recent year for which the informa- funds under this Act shall provide to the objectives and measures for increasing— tion is available for those students who took Secretary, annually, in a uniform and com- ‘‘(1) student achievement for all students the assessments and are enrolled in the tra- prehensible manner that conforms with the as measured by the eligible partnership; ditional teacher preparation program or al- definitions and methods established by the ‘‘(2) teacher retention in the first 3 years of ternative routes to State certification or li- Secretary, a State report card on the quality a teacher’s career; censure program, and for those who have of teacher preparation in the State, both for ‘‘(3) improvement in the pass rates and taken the assessments and have completed traditional teacher preparation programs scaled scores for initial State certification the traditional teacher preparation program or alternative routes to State certification and for alternative routes to State certifi- or licensure of teachers; and or licensure program during the 2-year pe- cation or licensure programs, which shall in- ‘‘(4)(A) the percentage of highly qualified riod preceding such year, for each of the as- clude not less than the following: teachers hired by the high-need local edu- sessments used for teacher certification or ‘‘(A) A description of reliability and valid- cational agency participating in the eligible licensure by the State in which the program ity of the teacher certification and licensure partnership; is located— assessments, and any other certification and ‘‘(B) the percentage of such teachers who ‘‘(i) the percentage of students who have licensure requirements, used by the State. are members of under represented groups; completed 100 percent of the nonclinical ‘‘(B) The standards and criteria that pro- ‘‘(C) the percentage of such teachers who coursework and taken the assessment who spective teachers must meet in order to at- teach high-need academic subject areas pass such assessment; tain initial teacher certification or licensure (such as reading, mathematics, science, and ‘‘(ii) the percentage of all such students and to be certified or licensed to teach par- foreign language, including less commonly who passed each such assessment; ticular academic subject areas or in par- taught languages and critical foreign lan- ‘‘(iii) the percentage of students taking an ticular grades within the State. guages); assessment who completed the teacher prep- ‘‘(C) A description of how the assessments ‘‘(D) the percentage of such teachers who aration program after enrolling in the pro- and requirements described in subparagraph teach in high-need areas (including special gram, which shall be made available widely (A) are aligned with the State’s challenging education, language instruction educational and publicly by the State; academic content standards required under programs for limited English proficient stu- ‘‘(iv) the average scaled score for all stu- section 1111(b)(1) of the Elementary and Sec- dents, and early childhood education); dents who took each such assessment; ondary Education Act of 1965 and State early ‘‘(E) the percentage of such teachers in ‘‘(v) a comparison of the program’s pass learning standards for early childhood edu- high-need schools, disaggregated by the ele- rates with the average pass rates for pro- cation programs. mentary, middle, and high school levels; and grams in the State; and ‘‘(D) For each of the assessments used by ‘‘(F) as applicable, the percentage of early ‘‘(vi) a comparison of the program’s aver- the State for teacher certification or licen- childhood education program classes in the age scaled scores with the average scaled sure— geographic area served by the eligible part- scores for programs in the State. ‘‘(i) for each institution of higher edu- nership taught by early childhood educators ‘‘(B) PROGRAM INFORMATION.—The criteria cation located in the State and each entity who are highly competent. for admission into the program, the number located in the State that offers an alter- ‘‘(b) INFORMATION.—An eligible partnership of students in the program (disaggregated by native route for teacher certification or li- receiving a grant under this part shall en- race and gender), the average number of censure, the percentage of students at such sure that teachers, principals, school super- hours of supervised clinical experience re- institution or entity who have completed 100 intendents, and faculty and leadership at in- quired for those in the program, the number percent of the nonclinical coursework and stitutions of higher education located in the of full-time equivalent faculty and students taken the assessment who pass such assess- geographic areas served by the eligible part- in the supervised clinical experience, and the ment; nership under this part are provided informa- total number of students who have been cer- ‘‘(ii) the percentage of all such students at tion about the activities carried out with tified or licensed as teachers, disaggregated all such institutions taking the assessment funds under this part, including through by subject and area of certification or licen- who pass such assessment; and electronic means. sure. ‘‘(iii) the percentage of students taking an ‘‘(c) REVOCATION OF GRANT.—If the Sec- ‘‘(C) STATEMENT.—In States that require assessment who completed the teacher prep- retary determines that an eligible partner- approval or accreditation of teacher prepara- aration program after enrolling in the pro- ship receiving a grant under this part is not tion programs, a statement of whether the gram, which shall be made available widely making substantial progress in meeting the institution’s program is so approved or ac- and publicly by the State. purposes, goals, objectives, and measures, as credited, and by whom. ‘‘(E) A description of alternative routes to appropriate, of the grant by the end of the ‘‘(D) DESIGNATION AS LOW-PERFORMING.— State certification or licensure in the State third year of a grant under this part, then Whether the program has been designated as (including any such routes operated by enti- the Secretary shall require such eligible low-performing by the State under section ties that are not institutions of higher edu- partnership to submit a revised application 207(a). cation), if any, including, for each of the as- that identifies the steps the partnership will ‘‘(E) USE OF TECHNOLOGY.—A description of sessments used by the State for teacher cer- take to make substantial progress to meet the activities that prepare teachers to effec- tification or licensure— the purposes, goals, objectives, and meas- tively integrate technology into curricula ‘‘(i) the percentage of individuals partici- ures, as appropriate, of this part. and instruction and effectively use tech- pating in such routes, or who have completed ‘‘(d) EVALUATION AND DISSEMINATION.—The nology to collect, manage, and analyze data such routes during the 2-year period pre- Secretary shall evaluate the activities fund- in order to improve teaching, learning, and ceding the date of the determination, who ed under this part and report the Secretary’s decisionmaking for the purpose of increasing passed each such assessment; and findings regarding the activities to the au- student academic achievement. ‘‘(ii) the average scaled score of individuals thorizing committees. The Secretary shall ‘‘(2) REPORT.—Each eligible partnership re- participating in such routes, or who have broadly disseminate— ceiving a grant under section 202 shall report completed such routes during the period pre- ‘‘(1) successful practices developed by eligi- annually on the progress of the eligible part- ceding the date of the determination, who ble partnerships under this part; and nership toward meeting the purposes of this took each such assessment. ‘‘(2) information regarding such practices part and the objectives and measures de- ‘‘(F) A description of the State’s criteria that were found to be ineffective. scribed in section 204(a). for assessing the performance of teacher ‘‘SEC. 205. ACCOUNTABILITY FOR PROGRAMS ‘‘(3) FINES.—The Secretary may impose a preparation programs within institutions of THAT PREPARE TEACHERS. fine not to exceed $25,000 on an institution of higher education in the State. Such criteria ‘‘(a) INSTITUTIONAL AND PROGRAM REPORT higher education for failure to provide the shall include indicators of the academic con- CARDS ON THE QUALITY OF TEACHER PREPARA- information described in this subsection in a tent knowledge and teaching skills of stu- TION.— timely or accurate manner. dents enrolled in such programs. ‘‘(1) REPORT CARD.—Each institution of ‘‘(4) SPECIAL RULE.—In the case of an insti- ‘‘(G) For each teacher preparation program higher education that conducts a traditional tution of higher education that conducts a in the State, the criteria for admission into teacher preparation program or alternative traditional teacher preparation program or the program, the number of students in the routes to State certification or licensure alternative routes to State certification or program, disaggregated by race and gender

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S9997 (except that such disaggregation shall not be traditional teacher preparation program or to both traditional teacher preparation pro- required in a case in which the number of alternative routes to State certification or grams and alternative routes to State cer- students in a category is insufficient to yield licensure program and that enrolls students tification and licensure programs. statistically reliable information or the re- receiving Federal assistance under this Act ‘‘SEC. 207. GENERAL PROVISIONS. sults would reveal personally identifiable in- shall set annual quantifiable goals for— ‘‘(a) METHODS.—In complying with sections formation about an individual student), the ‘‘(1) increasing the number of prospective 205 and 206, the Secretary shall ensure that average number of hours of supervised clin- teachers trained in teacher shortage areas States and institutions of higher education ical experience required for those in the pro- designated by the Secretary, including math- use fair and equitable methods in reporting gram, and the number of full-time equiva- ematics, science, special education, and in- and that the reporting methods do not allow lent faculty, adjunct faculty, and students in struction of limited English proficient stu- identification of individuals. supervised clinical experience. dents; and ‘‘(b) SPECIAL RULE.—For each State that ‘‘(H) For the State as a whole, and for each ‘‘(2) more closely linking the training pro- does not use content assessments as a means teacher preparation program in the State, vided by the institution with the needs of of ensuring that all teachers teaching in core the number of teachers prepared, in the ag- schools and the instructional decisions new academic subjects within the State are high- gregate and reported separately by— teachers face in the classroom. ly qualified, as required under section 1119 of ‘‘(i) area of certification or licensure; ‘‘(b) ASSURANCE.—As a condition of receiv- the Elementary and Secondary Education ‘‘(ii) academic major; and ing assistance under title IV, each institu- Act of 1965 and in accordance with the State ‘‘(iii) subject area for which the teacher tion described in subsection (a) shall provide plan submitted or revised under section 1111 has been prepared to teach. an assurance to the Secretary that— of such Act, and that each person employed as a special education teacher in the State ‘‘(I) Using the data generated under sub- ‘‘(1) training provided to prospective teach- who teaches elementary school, middle paragraphs (G) and (H), a description of the ers responds to the identified needs of the school, or secondary school is highly quali- extent to which teacher preparation pro- local educational agencies or States where fied by the deadline, as required under sec- grams are helping to address shortages of the institution’s graduates are likely to teach, based on past hiring and recruitment tion 612(a)(14)(C) of the Individuals with Dis- highly qualified teachers, by area of certifi- abilities Education Act,— cation or licensure, subject, and specialty, in trends; ‘‘(2) prospective special education teachers ‘‘(1) the Secretary shall, to the extent the State’s public schools. practicable, collect data comparable to the ‘‘(J) A description of the activities that receive coursework in core academic sub- jects and receive training in providing in- data required under this part from States, prepare teachers to effectively integrate local educational agencies, institutions of struction in core academic subjects; technology into curricula and instruction higher education, or other entities that ad- ‘‘(3) regular education teachers receive and effectively use technology to collect, minister such assessments to teachers or training in providing instruction to diverse manage, and analyze data in order to im- prospective teachers; and populations, including children with disabil- prove teaching, learning, and decision- ‘‘(2) notwithstanding any other provision ities, limited English proficient students, making for the purpose of increasing student of this part, the Secretary shall use such and children from low-income families; and academic achievement. data to carry out requirements of this part ‘‘(4) prospective teachers receive training ‘‘(2) PROHIBITION AGAINST CREATING A NA- related to assessments, pass rates, and scaled on how to effectively teach in urban and TIONAL LIST.—The Secretary shall not create scores. a national list or ranking of States, institu- rural schools. ‘‘(c) RELEASE OF INFORMATION TO TEACHER ‘‘(c) PUBLIC REPORTING.—As part of the an- tions, or schools using the scaled scores pro- PREPARATION PROGRAMS.— nual report card required under section vided under this subsection. ‘‘(1) IN GENERAL.—For the purpose of im- 205(a)(1), an institution of higher education ‘‘(c) REPORT OF THE SECRETARY ON THE proving teacher preparation programs, a described in subsection (a) shall publicly re- QUALITY OF TEACHER PREPARATION.— State educational agency that receives funds port whether the goals established under ‘‘(1) REPORT CARD.—The Secretary shall under this Act, or that participates as a such subsection have been met. provide to Congress, and publish and make member of a partnership, consortium, or widely available, a report card on teacher ‘‘SEC. 206. STATE FUNCTIONS. other entity that receives such funds, shall qualifications and preparation in the United ‘‘(a) STATE ASSESSMENT.—In order to re- provide to a teacher preparation program, States, including all the information re- ceive funds under this Act, a State shall upon the request of the teacher preparation ported in subparagraphs (A) through (J) of have in place a procedure to identify and as- program, any and all pertinent education-re- subsection (b)(1). Such report shall identify sist, through the provision of technical as- lated information that— States for which eligible partnerships re- sistance, low-performing programs of teach- ‘‘(A) may enable the teacher preparation ceived a grant under this part. Such report er preparation. Such State shall provide the program to evaluate the effectiveness of the shall be so provided, published, and made Secretary an annual list of such low-per- program’s graduates or the program itself; available annually. forming teacher preparation programs that and includes an identification of those programs ‘‘(2) REPORT TO CONGRESS.—The Secretary ‘‘(B) is possessed, controlled, or accessible shall prepare and submit a report to Con- at risk of being placed on such list. Such lev- by the State educational agency. els of performance shall be determined solely gress that contains the following: ‘‘(2) CONTENT OF INFORMATION.—The infor- ‘‘(A) A comparison of States’ efforts to im- by the State and may include criteria based mation described in paragraph (1)— on information collected pursuant to this prove the quality of the current and future ‘‘(A) shall include an identification of spe- part. Such assessment shall be described in teaching force. cific individuals who graduated from the the report under section 205(b). ‘‘(B) A comparison of eligible partnerships’ teacher preparation program to enable the ‘‘(b) TERMINATION OF ELIGIBILITY.—Any efforts to improve the quality of the current teacher preparation program to evaluate the program of teacher preparation from which and future teaching force. information provided to the program from the State has withdrawn the State’s ap- ‘‘(C) The national mean and median scaled the State educational agency with the pro- proval, or terminated the State’s financial scores and pass rate on any standardized test gram’s own data about the specific courses support, due to the low performance of the that is used in more than 1 State for teacher taken by, and field experiences of, the indi- program based upon the State assessment certification or licensure. vidual graduates; and described in subsection (a)— ‘‘(3) SPECIAL RULE.—In the case of a teach- ‘‘(B) may include— ‘‘(1) shall be ineligible for any funding for er preparation program with fewer than 10 ‘‘(i) kindergarten through grade 12 aca- professional development activities awarded scores reported on any single initial teacher demic achievement and demographic data, by the Department; certification or licensure assessment during without revealing personally identifiable in- ‘‘(2) shall not be permitted to accept or en- an academic year, the Secretary shall collect formation about an individual student, for roll any student that receives aid under title and publish information, and make publicly students who have been taught by graduates IV in the institution’s teacher preparation available, with respect to an average pass of the teacher preparation program; and program; and rate and scaled score on each State certifi- ‘‘(ii) teacher effectiveness evaluations for ‘‘(3) shall provide transitional support, in- cation or licensure assessment taken over a teachers who graduated from the teacher cluding remedial services if necessary, for 3-year period. preparation program. students enrolled at the institution at the ‘‘(d) COORDINATION.—The Secretary, to the ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS. time of termination of financial support or extent practicable, shall coordinate the in- ‘‘There are authorized to be appropriated withdrawal of approval. to carry out this part such sums as may be formation collected and published under this ‘‘(c) NEGOTIATED RULEMAKING.—If the Sec- part among States for individuals who took retary develops any regulations imple- necessary for fiscal year 2008 and each of the State teacher certification or licensure as- menting subsection (b)(2), the Secretary 5 succeeding fiscal years.’’. sessments in a State other than the State in shall submit such proposed regulations to a SEC. 202. GENERAL PROVISIONS. which the individual received the individ- negotiated rulemaking process, which shall Title II (20 U.S.C. 1021 et seq.) is amended ual’s most recent degree. include representatives of States, institu- by adding at the end the following: ‘‘SEC. 205A. TEACHER DEVELOPMENT. tions of higher education, and educational ‘‘PART C—GENERAL PROVISIONS ‘‘(a) ANNUAL GOALS.—As a condition of re- and student organizations. ‘‘SEC. 231. LIMITATIONS. ceiving assistance under title IV, each insti- ‘‘(d) APPLICATION OF THE REQUIREMENTS.— ‘‘(a) FEDERAL CONTROL PROHIBITED.—Noth- tution of higher education that conducts a The requirements of this section shall apply ing in this title shall be construed to permit,

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9998 CONGRESSIONAL RECORD — SENATE July 25, 2007 allow, encourage, or authorize any Federal (B) by redesignating subparagraphs (G), (1) in subparagraph (G), by striking ‘‘and’’ control over any aspect of any private, reli- (H), (I), (J), (K), and (L) as subparagraphs after the semicolon; gious, or home school, whether or not a (H), (I), (J), (K), (L), and (N), respectively; (2) in subparagraph (H), by striking the pe- home school is treated as a private school or (C) by inserting after subparagraph (F) the riod and inserting ‘‘; and’’; and home school under State law. This section following: (3) by adding at the end the following: shall not be construed to prohibit private, ‘‘(G) education or counseling services de- ‘‘(I) education or counseling services de- religious, or home schools from participation signed to improve the financial literacy and signed to improve the financial literacy and in programs or services under this title. economic literacy of students or the stu- economic literacy of students or the stu- ‘‘(b) NO CHANGE IN STATE CONTROL ENCOUR- dents’ parents;’’; dents’ parents.’’. AGED OR REQUIRED.—Nothing in this title (D) in subparagraph (L) (as redesignated by SEC. 305. NATIVE AMERICAN-SERVING, NON- shall be construed to encourage or require subparagraph (B)), by striking ‘‘and’’ after TRIBAL INSTITUTIONS. any change in a State’s treatment of any pri- the semicolon; (a) GRANT PROGRAM AUTHORIZED.—Part A vate, religious, or home school, whether or (E) by inserting after subparagraph (L) (as of title III (20 U.S.C. 1057 et seq.) is amended not a home school is treated as a private redesignated by subparagraph (B)) the fol- by adding at the end the following: school or home school under State law. lowing: ‘‘SEC. 318. NATIVE AMERICAN-SERVING, NON- ‘‘(c) NATIONAL SYSTEM OF TEACHER CERTIFI- ‘‘(M) developing or improving facilities for TRIBAL INSTITUTIONS. CATION OR LICENSURE PROHIBITED.—Nothing Internet use or other distance education ‘‘(a) PROGRAM AUTHORIZED.—The Secretary in this title shall be construed to permit, technologies; and’’; and shall provide grants and related assistance allow, encourage, or authorize the Secretary (F) in subparagraph (N) (as redesignated by to Native American-serving, nontribal insti- to establish or support any national system subparagraph (B)), by striking ‘‘subpara- tutions to enable such institutions to im- of teacher certification or licensure.’’. graphs (A) through (K)’’ and inserting ‘‘sub- prove and expand their capacity to serve Na- TITLE III—INSTITUTIONAL AID paragraphs (A) through (M)’’; and tive Americans. SEC. 301. PROGRAM PURPOSE. (3) by striking subsection (d) and inserting ‘‘(b) DEFINITIONS.—In this section: Section 311 (20 U.S.C. 1057) is amended— the following: ‘‘(1) NATIVE AMERICAN.—The term ‘Native (1) in subsection (b)— ‘‘(d) APPLICATION, PLAN, AND ALLOCATION.— American’ means an individual who is of a (A) in paragraph (1), by striking ‘‘351’’ and ‘‘(1) INSTITUTIONAL ELIGIBILITY.—To be eli- tribe, people, or culture that is indigenous to inserting ‘‘391’’; and gible to receive assistance under this sec- the United States. (B) in paragraph (3)(F), by inserting ‘‘, in- tion, a Tribal College or University shall be ‘‘(2) NATIVE AMERICAN-SERVING, NONTRIBAL cluding services that will assist in the edu- an eligible institution under section 312(b). INSTITUTION.—The term ‘Native American- cation of special populations’’ before the pe- ‘‘(2) APPLICATION.— serving, nontribal institution’ means an in- riod; and ‘‘(A) IN GENERAL.—A Tribal College or Uni- stitution of higher education that, at the (2) in subsection (c)— versity desiring to receive assistance under time of application— (A) in paragraph (6), by inserting ‘‘, includ- this section shall submit an application to ‘‘(A) has an enrollment of undergraduate ing innovative, customized, remedial edu- the Secretary at such time, and in such man- students that is not less than 10 percent Na- cation and English language instruction ner, as the Secretary may reasonably re- tive American students; and courses designed to help retain students and quire. ‘‘(B) is not a Tribal College or University move the students rapidly into core courses ‘‘(B) STREAMLINED PROCESS.—The Sec- (as defined in section 316). and through program completion’’ before the retary shall establish application require- ‘‘(c) AUTHORIZED ACTIVITIES.— period; ments in such a manner as to simplify and ‘‘(1) TYPES OF ACTIVITIES AUTHORIZED.— (B) by redesignating paragraphs (7) streamline the process for applying for Grants awarded under this section shall be through (12) as paragraphs (8) through (13), grants. used by Native American-serving, nontribal respectively; ‘‘(3) ALLOCATIONS TO INSTITUTIONS.— institutions to assist such institutions to (C) by inserting after paragraph (6) the fol- ‘‘(A) CONSTRUCTION GRANTS.— plan, develop, undertake, and carry out ac- lowing: ‘‘(i) IN GENERAL.—Of the amount appro- tivities to improve and expand such institu- ‘‘(7) Education or counseling services de- priated to carry out this section for any fis- tions’ capacity to serve Native Americans. signed to improve the financial literacy and cal year, the Secretary may reserve 30 per- ‘‘(2) EXAMPLES OF AUTHORIZED ACTIVITIES.— economic literacy of students or the stu- cent for the purpose of awarding 1-year Such programs may include— dents’ parents.’’; grants of not less than $1,000,000 to address ‘‘(A) the purchase, rental, or lease of sci- (D) in paragraph (12) (as redesignated by construction, maintenance, and renovation entific or laboratory equipment for edu- subparagraph (B)), by striking ‘‘distance needs at eligible institutions. cational purposes, including instructional learning academic instruction capabilities’’ ‘‘(ii) PREFERENCE.—In providing grants and research purposes; and inserting ‘‘distance education tech- under clause (i), the Secretary shall give ‘‘(B) renovation and improvement in class- nologies’’; and preference to eligible institutions that have room, library, laboratory, and other instruc- (E) in the matter preceding subparagraph not yet received an award under this section. tional facilities; (A) of paragraph (13) (as redesignated by sub- ‘‘(B) ALLOTMENT OF REMAINING FUNDS.— ‘‘(C) support of faculty exchanges, and fac- paragraph (B)), by striking ‘‘subsection (c)’’ ‘‘(i) IN GENERAL.—Except as provided in ulty development and faculty fellowships to and inserting ‘‘subsection (b) and section clause (ii), the Secretary shall distribute the assist faculty in attaining advanced degrees 391’’. remaining funds appropriated for any fiscal in the faculty’s field of instruction; SEC. 302. DEFINITIONS; ELIGIBILITY. year to each eligible institution as follows: ‘‘(D) curriculum development and aca- Section 312 (20 U.S.C. 1058) is amended— ‘‘(I) 60 percent of the remaining appro- demic instruction; (1) in subsection (b)(1)(A), by striking ‘‘sub- priated funds shall be distributed among the ‘‘(E) the purchase of library books, periodi- section (c) of this section’’ and inserting eligible Tribal Colleges and Universities on a cals, microfilm, and other educational mate- ‘‘subsection (d)’’; and pro rata basis, based on the respective Indian rials; (2) in subsection (d)(2), by striking ‘‘sub- student counts (as defined in section 2(a) of ‘‘(F) funds and administrative manage- division’’ and inserting ‘‘paragraph’’. the Tribally Controlled College or University ment, and acquisition of equipment for use Assistance Act of 1978 (25 U.S.C. 1801(a)) of SEC. 303. AMERICAN INDIAN TRIBALLY CON- in strengthening funds management; TROLLED COLLEGES AND UNIVER- the Tribal Colleges and Universities; and ‘‘(G) the joint use of facilities such as lab- SITIES. ‘‘(II) the remaining 40 percent shall be dis- oratories and libraries; and Section 316 (20 U.S.C. 1059c) is amended— tributed in equal shares to the eligible Tribal ‘‘(H) academic tutoring and counseling pro- (1) by striking subsection (b)(3) and insert- Colleges and Universities. grams and student support services. ing the following: ‘‘(ii) MINIMUM GRANT.—The amount distrib- ‘‘(d) APPLICATION PROCESS.— ‘‘(3) TRIBAL COLLEGE OR UNIVERSITY.—The uted to a Tribal College or University under ‘‘(1) INSTITUTIONAL ELIGIBILITY.—A Native term ‘Tribal College or University’ means an clause (i) shall not be less than $500,000. American-serving, nontribal institution de- institution that— ‘‘(4) SPECIAL RULES.— siring to receive assistance under this sec- ‘‘(A) qualifies for funding under the Trib- ‘‘(A) CONCURRENT FUNDING.—For the pur- tion shall submit to the Secretary such en- ally Controlled College or University Assist- poses of this part, no Tribal College or Uni- rollment data as may be necessary to dem- ance Act of 1978 (25 U.S.C. 1801 et seq.) or the versity that is eligible for and receives funds onstrate that the institution is a Native Navajo Community College Assistance Act under this section shall concurrently receive American-serving, nontribal institution, of 1978 (25 U.S.C. 640a note); or funds under other provisions of this part or along with such other information and data ‘‘(B) is cited in section 532 of the Equity in part B. as the Secretary may by regulation require. Educational Land-Grant Status Act of 1994 (7 ‘‘(B) EXEMPTION.—Section 313(d) shall not ‘‘(2) APPLICATIONS.— U.S.C. 301 note).’’; apply to institutions that are eligible to re- ‘‘(A) PERMISSION TO SUBMIT APPLICATIONS.— (2) in subsection (c)(2)— ceive funds under this section.’’. Any institution that is determined by the (A) in subparagraph (B), by inserting be- SEC. 304. ALASKA NATIVE AND NATIVE HAWAI- Secretary to be a Native American-serving, fore the semicolon at the end the following: IAN-SERVING INSTITUTIONS. nontribal institution may submit an applica- ‘‘and the acquisition of real property adja- Section 317(c)(2) (20 U.S.C. 1059d(c)(2)) is tion for assistance under this section to the cent to the campus of the institution’’; amended— Secretary.

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‘‘(B) SIMPLIFIED AND STREAMLINED FOR- (B) by redesignating paragraphs (5) ‘‘(ii) secures from non-Federal sources, in- MAT.—The Secretary shall, to the extent pos- through (7) as paragraphs (7) through (9), re- cluding amounts appropriated by the State sible, prescribe a simplified and streamlined spectively; and amounts from the private sector; and format for applications under this section (C) by inserting after paragraph (4) the fol- ‘‘(iii) will utilize to match Federal funds that takes into account the limited number lowing: awarded for the fiscal year for which the de- of institutions that are eligible for assist- ‘‘(5) tutoring, counseling, and student serv- termination is made under this section to ance under this section. ice programs designed to improve academic the institution or program. ‘‘(C) CONTENT.—An application submitted success; ‘‘(B) The number of students enrolled in under subparagraph (A) shall include— ‘‘(6) education or counseling services de- the qualified graduate programs of the eligi- ‘‘(i) a 5-year plan for improving the assist- signed to improve the financial literacy and ble institution or program, for which the in- ance provided by the Native American-serv- economic literacy of students or the stu- stitution or program received and allocated ing, nontribal institution to Native Ameri- dents’ parents;’’; funding under this section in the preceding cans; and (D) in paragraph (7) (as redesignated by year.’’; ‘‘(ii) such other information and assur- subparagraph (B)), by striking ‘‘establish or (iii) in subparagraph (C), by striking ‘‘(or ances as the Secretary may require. improve’’ and inserting ‘‘establishing or im- the equivalent) enrolled in the eligible pro- ‘‘(3) SPECIAL RULES.— proving’’; fessional or graduate school’’ and all that ‘‘(A) ELIGIBILITY.—No Native American- (E) in paragraph (8) (as redesignated by follows through the period and inserting ‘‘en- serving, nontribal institution that receives subparagraph (B))— rolled in the qualified programs or institu- funds under this section shall concurrently (i) by striking ‘‘assist’’ and inserting ‘‘as- tions listed in paragraph (1).’’; receive funds under other provisions of this sisting’’; and (iv) in subparagraph (D)— part or part B. (I) by striking ‘‘students’’ and inserting (ii) by striking ‘‘and’’ after the semicolon; ‘‘(B) EXEMPTION.—Section 313(d) shall not ‘‘Black American students or minority stu- (F) in paragraph (9) (as redesignated by apply to institutions that are eligible to re- dents’’; and subparagraph (B)), by striking the period and ceive funds under this section. (II) by striking ‘‘institution’’ and inserting inserting ‘‘; and’’; and ‘‘(C) DISTRIBUTION.—In awarding grants ‘‘institution or program’’; and (G) by adding at the end the following: under this section, the Secretary shall, to (v) by striking subparagraph (E) and in- ‘‘(10) other activities proposed in the appli- the extent possible and consistent with the serting the following: cation submitted under subsection (d) that— competitive process under which such grants ‘‘(E) The percentage that the total number ‘‘(A) contribute to carrying out the pur- are awarded, ensure maximum and equitable of Black American students and minority poses of this part; and distribution among all eligible institu- students who receive their first professional, ‘‘(B) are approved by the Secretary as part tions.’’. master’s, or doctoral degrees from the insti- of the review and acceptance of such applica- (b) MINIMUM GRANT AMOUNT.—Section 399 tution or program in the academic year pre- (20 U.S.C. 1068h) is amended by adding at the tion.’’; ceding the academic year for which the de- end the following: (2) in subsection (e)— termination is made, represents of the total ‘‘(c) MINIMUM GRANT AMOUNT.—The min- (A) in paragraph (1)— number of Black American students and mi- imum amount of a grant under this title (i) by inserting a colon after ‘‘the fol- nority students in the United States who re- shall be $200,000.’’. lowing’’; ceive their first professional, master’s, or SEC. 306. PART B DEFINITIONS. (ii) in subparagraph (Q), by striking ‘‘and’’ doctoral degrees in the professions or dis- Section 322(4) (20 U.S.C. 1061(4)) is amended at the end; ciplines related to the course of study at by inserting ‘‘, in consultation with the (iii) in subparagraph (R), by striking the such institution or program, respectively, in Commissioner for Education Statistics’’ be- period and inserting a semicolon; and the preceding academic year.’’; and fore ‘‘and the Commissioner’’. (iv) by adding at the end the following: (4) in subsection (g), by striking ‘‘1998’’ and ‘‘(S) Alabama State University qualified SEC. 307. GRANTS TO INSTITUTIONS. inserting ‘‘2007’’. graduate program; Section 323(a) (20 U.S.C. 1062(a)) is amend- SEC. 310. AUTHORITY OF THE SECRETARY. ed— ‘‘(T) Coppin State University qualified Section 345 (20 U.S.C. 1066d) is amended— (1) in the matter preceding paragraph (1), graduate program; (1) in paragraph (6), by striking ‘‘and’’ by striking ‘‘360(a)(2)’’ and inserting ‘‘(U) Prairie View A & M University quali- after the semicolon; ‘‘399(a)(2)’’; fied graduate program; (2) in paragraph (7), by striking the period (2) by redesignating paragraphs (7) through ‘‘(V) Fayetteville State University quali- at the end and inserting ‘‘; and’’; and (12) as paragraphs (8) through (13), respec- fied graduate program; (3) by adding at the end the following: tively; and ‘‘(W) Delaware State University qualified ‘‘(8) not later than 90 days after the date of (3) by inserting after paragraph (6) the fol- graduate program; enactment of the Higher Education Amend- lowing: ‘‘(X) Langston University qualified grad- ments of 2007, shall submit to the author- ‘‘(7) Education or counseling services de- uate program; izing committees a report on the progress of signed to improve the financial literacy and ‘‘(Y) West Virginia State University quali- the Department in implementing the rec- economic literacy of students or the stu- fied graduate program; ommendations made by the Government Ac- dents’ parents.’’. ‘‘(Z) Kentucky State University qualified countability Office in October 2006 for im- SEC. 308. ALLOTMENTS TO INSTITUTIONS. graduate program; and proving the Historically Black College and Section 324 (20 U.S.C. 1063) is amended by ‘‘(AA) Grambling State University quali- Universities Capital Financing Program.’’. adding at the end the following: fied graduate program.’’; SEC. 311. AUTHORIZATION OF APPROPRIATIONS. ‘‘(h) SPECIAL RULE ON ELIGIBILITY.—Not- (B) in paragraph (2)(A)— Subsection (a) of section 399 (20 U.S.C. withstanding any other provision of this sec- (i) by inserting ‘‘in law or’’ after ‘‘instruc- 1068h) is amended to read as follows: tion, a part B institution shall not receive an tion’’; and ‘‘(a) AUTHORIZATIONS.— allotment under this section unless the part (ii) by striking ‘‘mathematics, or’’ and in- ‘‘(1) PART A.—(A) There are authorized to B institution provides, on an annual basis, serting ‘‘mathematics, psychometrics, or’’; be appropriated to carry out part A (other data indicating that the part B institution— (C) in paragraph (3)— than sections 316, 317, and 318) such sums as ‘‘(1) enrolled Federal Pell Grant recipients (i) by striking ‘‘1998’’ and inserting ‘‘2007’’; may be necessary for fiscal year 2008 and in the preceding academic year; and each of the 5 succeeding fiscal years. ‘‘(2) in the preceding academic year, has (ii) by striking ‘‘(Q) and (R)’’ and inserting ‘‘(B) There are authorized to be appro- graduated students from a program of aca- ‘‘(S), (T), (U), (V), (W), (X), (Y), (Z), and priated to carry out section 316 such sums as demic study that is licensed or accredited by (AA)’’; may be necessary for fiscal year 2008 and a nationally recognized accrediting agency (3) in subsection (f)— each of the 5 succeeding fiscal years. or association recognized by the Secretary (A) in paragraph (1), by striking ‘‘(P)’’ and ‘‘(C) There are authorized to be appro- pursuant to part H of title IV where appro- inserting ‘‘(R)’’; priated to carry out section 317 such sums as priate; and (B) in paragraph (2), by striking ‘‘(Q) and may be necessary for fiscal year 2008 and ‘‘(3) where appropriate, has graduated stu- (R)’’ and inserting ‘‘(S), (T), (U), (V), (W), each of the 5 succeeding fiscal years. dents who, within the past 5 years, enrolled (X), (Y), (Z), and (AA)’’; and ‘‘(D) There are authorized to be appro- in graduate or professional school.’’. (C) in paragraph (3)— priated to carry out section 318 such sums as SEC. 309. PROFESSIONAL OR GRADUATE INSTITU- (i) in the matter preceding subparagraph may be necessary for fiscal year 2008 and TIONS. (A), by striking ‘‘(R)’’ and inserting ‘‘(AA)’’; each of the 5 succeeding fiscal years. Section 326 (20 U.S.C. 1063b) is amended— (ii) by striking subparagraphs (A) and (B) ‘‘(2) PART B.—(A) There are authorized to (1) in subsection (c)— and inserting the following: be appropriated to carry out part B (other (A) in paragraph (2), by inserting ‘‘, and for ‘‘(A) The amount of non-Federal funds for than section 326) such sums as may be nec- the acquisition and development of real the fiscal year for which the determination essary for fiscal year 2008 and each of the 5 property that is adjacent to the campus for is made that the institution or program list- succeeding fiscal years. such construction, maintenance, renovation, ed in subsection (e)— ‘‘(B) There are authorized to be appro- or improvement’’ after ‘‘services’’; ‘‘(i) allocates from institutional resources; priated to carry out section 326 such sums as

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00143 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10000 CONGRESSIONAL RECORD — SENATE July 25, 2007 may be necessary for fiscal year 2008 and ‘‘(6) In the case of a student who is en- tution of higher education (including a pro- each of the 5 succeeding fiscal years. rolled, on at least a half-time basis and for a gram of not less than 2 years for which the ‘‘(3) PART C.—There are authorized to be period of more than 1 academic year in a sin- institution awards a certificate)’’; and appropriated to carry out part C such sums gle award year in a 2-year or 4-year program (II) in clause (ii)— as may be necessary for fiscal year 2008 and of instruction for which an institution of (aa) by striking ‘‘academic’’; and each of the 5 succeeding fiscal years. higher education awards an associate or bac- (bb) by striking ‘‘or’’ after the semicolon ‘‘(4) PART D.—(A) There are authorized to calaureate degree, the Secretary shall award at the end; be appropriated to carry out part D (other such student not more than 2 Federal Pell (iii) in subparagraph (C)— than section 345(7), but including section 347) Grants during that award year to permit (I) by striking ‘‘academic’’; such sums as may be necessary for fiscal such student to accelerate the student’s (II) by striking ‘‘four’’ and inserting ‘‘4’’; year 2008 and each of the 5 succeeding fiscal progress toward a degree. In the case of a (III) by striking clause (i)(II) and inserting years. student receiving more than 1 Federal Pell the following: ‘‘(B) There are authorized to be appro- Grant in a single award year, the total ‘‘(II) a critical foreign language; and’’; and priated to carry out section 345(7) such sums amount of Federal Pell Grants awarded to (IV) in clause (ii), by striking the period at as may be necessary for fiscal year 2008 and such student for the award year may exceed the end and inserting a semicolon; and each of the 5 succeeding fiscal years. the maximum basic grant level specified in (iv) by adding at the end the following: ‘‘(5) PART E.—There are authorized to be the appropriate appropriations Act for such ‘‘(D) the third or fourth year of a program appropriated to carry out part E such sums award year.’’; and of undergraduate education at an institution as may be necessary for fiscal year 2008 and (3) in subsection (c), by adding at the end of higher education (as defined in section each of the 5 succeeding fiscal years.’’. the following: 101(a)) that demonstrates, to the satisfaction SEC. 312. TECHNICAL CORRECTIONS. ‘‘(5) The period of time during which a stu- of the Secretary, that the institution— ‘‘(i) offers a single liberal arts curriculum Title III (20 U.S.C. 1051 et seq.) is further dent may receive Federal Pell Grants shall leading to a baccalaureate degree, under amended— not exceed 18 semesters, or an equivalent pe- which students are not permitted by the in- (1) in section 342(5)(C) (20 U.S.C. riod of time as determined by the Secretary stitution to declare a major in a particular 1066a(5)(C)), by striking ‘‘,,’’ and inserting pursuant to regulations, which period shall— subject area, and those students— ‘‘,’’; ‘‘(A) be determined without regard to ‘‘(I) study, in such years, a subject de- (2) in section 343(e) (20 U.S.C. 1066b(e)), by whether the student is enrolled on a full- scribed in subparagraph (C)(i) that is at least inserting ‘‘SALE OF QUALIFIED BONDS.—’’ be- time basis during any portion of the period equal to the requirements for an academic fore ‘‘Notwithstanding’’; of time; and ‘‘(B) include any period of time for which major at an institution of higher education (3) in the matter preceding clause (i) of that offers a baccalaureate degree in such section 365(9)(A) (20 U.S.C. 1067k(9)(A)), by the student received a Federal Pell Grant prior to July 1, 2008.’’. subject, as certified by an appropriate offi- striking ‘‘support’’ and inserting ‘‘supports’’; cial from the institution; or (b) EFFECTIVE DATE.—The amendments (4) in section 391(b)(7)(E) (20 U.S.C. ‘‘(II) are required, as part of their degree 1068(b)(7)(E)), by striking ‘‘subparagraph (E)’’ made by subsection (a) shall take effect on July 1, 2008. program, to undertake a rigorous course of and inserting ‘‘subparagraph (D)’’; study in mathematics, biology, chemistry, (5) in the matter preceding subparagraph SEC. 402. ACADEMIC COMPETITIVENESS GRANTS. and physics, which consists of at least— (A) of section 392(b)(2) (20 U.S.C. 1068a(b)(2)), Section 401A (20 U.S.C. 1070a–1) is amend- ‘‘(aa) 4 years of study in mathematics; and by striking ‘‘eligible institutions under part ed— ‘‘(bb) 3 years of study in the sciences, with A institutions’’ and inserting ‘‘eligible insti- (1) by striking subsection (a) and inserting a laboratory component in each of those tutions under part A’’; and the following: years; and (6) in the matter preceding paragraph (1) of ‘‘(a) ACADEMIC COMPETITIVENESS GRANT ‘‘(ii) offered such curriculum prior to Feb- section 396 (20 U.S.C. 1068e), by striking ‘‘360’’ PROGRAM AUTHORIZED.—The Secretary shall ruary 8, 2006; or and inserting ‘‘399’’. award grants, in the amounts specified in ‘‘(E) the fifth year of a program of under- TITLE IV—STUDENT ASSISTANCE subsection (d)(1), to eligible students to as- graduate education that requires 5 full years sist the eligible students in paying their col- PART A—GRANTS TO STUDENTS IN AT- of coursework for which a baccalaureate de- lege education expenses.’’; TENDANCE AT INSTITUTIONS OF HIGH- gree is awarded by a degree-granting institu- (2) in subsection (b)— ER EDUCATION tion of higher education, as certified by the (A) in paragraph (1), by striking ‘‘aca- appropriate official of such institution— SEC. 401. FEDERAL PELL GRANTS. demic’’; and ‘‘(i) is pursuing a major in— (a) AMENDMENTS.—Section 401 (20 U.S.C. (B) in paragraph (2), by striking ‘‘third or ‘‘(I) the physical, life, or computer 1070a) is amended— fourth academic’’ and inserting ‘‘third, sciences, mathematics, technology, or engi- (1) in subsection (a)— fourth, or fifth’’; neering (as determined by the Secretary pur- (A) in paragraph (1)— (3) in subsection (c)— suant to regulations); or (i) in the first sentence, by striking ‘‘2004’’ (A) in the matter preceding paragraph (1), ‘‘(II) a critical foreign language; and and inserting ‘‘2013’’; and by striking ‘‘full-time’’ and all that follows ‘‘(ii) has obtained a cumulative grade point (ii) in the second sentence, by striking ‘‘,,’’ through ‘‘is made’’ and inserting ‘‘student average of at least 3.0 (or the equivalent, as and inserting ‘‘,’’; and who’’; determined under regulations prescribed by (B) in paragraph (3), by striking ‘‘this sub- (B) by striking paragraph (1) and inserting the Secretary) in the coursework required part’’ and inserting ‘‘this section’’; the following: for the major described in clause (i).’’; (2) in subsection (b)— ‘‘(1) is eligible for a Federal Pell Grant for (4) in subsection (d)— (A) by striking paragraph (2)(A) and insert- the award year in which the determination (A) in paragraph (1)— ing the following: of eligibility is made for a grant under this (i) in subparagraph (A)— ‘‘(2)(A) The amount of the Federal Pell section;’’; (I) by striking ‘‘The’’ and inserting ‘‘IN Grant for a student eligible under this part (C) by striking paragraph (2) and inserting GENERAL.—The’’; shall be— the following: (II) in clause (ii), by striking ‘‘or’’ after the ‘‘(i) $5,400 for academic year 2008–2009; ‘‘(2) is enrolled or accepted for enrollment semicolon at the end; ‘‘(ii) $5,700 for academic year 2009–2010; in an institution of higher education on not (III) in clause (iii), by striking ‘‘subsection ‘‘(iii) $6,000 for academic year 2010–2011; and less than a half-time basis; and’’; and (c)(3)(C).’’ and inserting ‘‘subparagraph (C) or ‘‘(iv) $6,300 for academic year 2011–2012, (D) in paragraph (3)— (D) of subsection (c)(3), for each of the 2 less an amount equal to the amount deter- (i) by striking subparagraph (A) and insert- years described in such subparagraphs; or’’; mined to be the expected family contribu- ing the following: and tion with respect to that student for that ‘‘(A) the first year of a program of under- (IV) by adding at the end the following: year.’’; graduate education at a 2- or 4-year degree- ‘‘(iv) $4,000 for an eligible student under (B) by striking paragraph (3); granting institution of higher education (in- subsection (c)(3)(E).’’; and (C) in paragraph (5), by striking ‘‘$400, ex- cluding a program of not less than 1 year for (ii) in subparagraph (B)— cept’’ and all that follows through the period which the institution awards a certificate), (I) by striking ‘‘Notwithstanding’’ and in- and inserting ‘‘10 percent of the maximum has successfully completed, after January 1, serting ‘‘LIMITATION; RATABLE REDUCTION.— basic grant level specified in the appropriate 2006, a rigorous secondary school program of Notwithstanding’’; Appropriation Act for such academic year, study established by a State or local edu- (II) by redesignating clauses (i), (ii), and except that a student who is eligible for a cational agency and recognized as such by (iii), as clauses (ii), (iii), and (iv), respec- Federal Pell Grant in an amount that is the Secretary;’’; tively; and equal to or greater than 5 percent of such (ii) in subparagraph (B)— (III) by inserting before clause (ii), as re- level but less than 10 percent of such level (I) in the matter preceding clause (i), by designated under subclause (II), the fol- shall be awarded a Federal Pell grant in the striking ‘‘academic’’ and all that follows lowing: amount of 10 percent of such level.’’; and through ‘‘higher education’’ and inserting ‘‘(i) in any case in which a student attends (D) by striking paragraph (6) and inserting ‘‘year of a program of undergraduate edu- an institution of higher education on less the following: cation at a 2- or 4-year degree-granting insti- than a full-time basis, the amount of the

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00144 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10001 grant that such student may receive shall be (3) in subsection (e), by striking ‘‘(g)(2)’’ ‘‘(iii) the extent to which the entity met or reduced in the same manner as a Federal each place the term occurs and inserting exceeded the entity’s objectives regarding Pell Grant is reduced under section ‘‘(h)(4)’’; the delivery of service to a total number of 401(b)(2)(B);’’; (4) by redesignating subsections (f) and (g) students, as agreed upon by the entity and (B) by striking paragraph (2) and inserting as subsections (g) and (h), respectively; the Secretary for the period; and the following: (5) by inserting after subsection (e) the fol- ‘‘(iv) the extent to which the entity met or ‘‘(2) LIMITATIONS.— lowing: exceeded the entity’s objectives regarding ‘‘(A) NO GRANTS FOR PREVIOUS CREDIT.—The ‘‘(f) OUTCOME CRITERIA.— such students remaining in good academic Secretary may not award a grant under this ‘‘(1) USE FOR PRIOR EXPERIENCE DETERMINA- standing. section to any student for any year of a pro- TION.—The Secretary shall use the outcome ‘‘(D) For programs authorized under sec- gram of undergraduate education for which criteria described in paragraphs (2) and (3) to tion 402E, the extent to which the entity met the student received credit before the date of evaluate the programs provided by a recipi- or exceeded the entity’s objectives for such enactment of the Higher Education Rec- ent of a grant under this chapter, and the program regarding— onciliation Act of 2005. Secretary shall determine an eligible enti- ‘‘(i) the delivery of service to a total num- ‘‘(B) NUMBER OF GRANTS.— ty’s prior experience of high quality service ber of students, as agreed upon by the entity ‘‘(i) FIRST YEAR.—In the case of a student delivery, as required under subsection (c)(2), and the Secretary for the period; described in subsection (c)(3)(A), the Sec- based on the outcome criteria. ‘‘(ii) the provision of appropriate scholarly retary may not award more than 1 grant to ‘‘(2) DISAGGREGATION OF RELEVANT DATA.— and research activities for the students such student for such first year of study. The outcome criteria under this subsection served by the program; ‘‘(ii) SECOND YEAR.—In the case of a stu- shall be disaggregated by low-income stu- ‘‘(iii) the acceptance and enrollment of dent described in subsection (c)(3)(B), the dents, first generation college students, and such students in graduate programs; and Secretary may not award more than 1 grant individuals with disabilities, in the schools ‘‘(iv) the continued enrollment of such stu- to such student for such second year of and institutions of higher education served dents in graduate study and the attainment study. by the program to be evaluated. of doctoral degrees by former program par- ‘‘(iii) THIRD AND FOURTH YEARS.—In the ‘‘(3) CONTENTS OF OUTCOME CRITERIA.—The ticipants. case of a student described in subparagraph outcome criteria under this subsection shall ‘‘(E) For programs authorized under sec- (C) or (D) of subsection (c)(3), the Secretary measure, annually and for longer periods, tion 402F, the extent to which the entity met may not award more than 1 grant to such the quality and effectiveness of programs au- or exceeded the entity’s objectives for such student for each of the third and fourth thorized under this chapter and shall include program regarding— years of study. the following: ‘‘(i) the enrollment of students without a ‘‘(iv) FIFTH YEAR.—In the case of a student ‘‘(A) For programs authorized under sec- secondary school diploma or its recognized described in subsection (c)(3)(E), the Sec- tion 402B, the extent to which the eligible equivalent, who were served by the program, retary may not award more than 1 grant to entity met or exceeded the entity’s objec- in programs leading to such diploma or such student for such fifth year of study.’’; tives established in the entity’s application equivalent; and for such program regarding— ‘‘(ii) the enrollment of secondary school (C) by adding at the end the following: ‘‘(i) the delivery of service to a total num- graduates who were served by the program in ‘‘(3) CALCULATION OF GRANT PAYMENTS.—An ber of students served by the program; programs of postsecondary education; institution of higher education shall make ‘‘(ii) the continued secondary school en- ‘‘(iii) the delivery of service to a total payments of a grant awarded under this sec- rollment of such students; number of students, as agreed upon by the tion in the same manner, using the same ‘‘(iii) the graduation of such students from entity and the Secretary for the period; and payment periods, as such institution makes secondary school; ‘‘(iv) the provision of assistance to stu- payments for Federal Pell Grants under sec- ‘‘(iv) the enrollment of such students in an dents served by the program in completing tion 401.’’; institution of higher education; and financial aid applications and college admis- (5) by striking subsection (e)(2) and insert- ‘‘(v) to the extent practicable, the postsec- sion applications. ing the following: ondary education completion of such stu- ‘‘(4) MEASUREMENT OF PROGRESS.—In order ‘‘(2) AVAILABILITY OF FUNDS.—Funds made dents. to determine the extent to which an outcome available under paragraph (1) for a fiscal ‘‘(B) For programs authorized under sec- criterion described in paragraphs (2) or (3) is year shall remain available for the suc- tion 402C, the extent to which the eligible met or exceeded, an eligible entity receiving ceeding fiscal year.’’; entity met or exceeded the entity’s objec- assistance under this chapter shall compare (6) in subsection (f)— tives for such program regarding— the eligible entity’s target for the criterion, (A) by striking ‘‘at least one’’ and insert- ‘‘(i) the delivery of service to a total num- as established in the eligible entity’s appli- ing ‘‘not less than 1’’; and ber of students served by the program, as cation, with the results for the criterion, (B) by striking ‘‘subsection (c)(3)(A) and agreed upon by the entity and the Secretary measured as of the last day of the applicable (B)’’ and inserting ‘‘subparagraphs (A) and for the period; time period for the determination.’’; (B) of subsection (c)(3)’’; and ‘‘(ii) such students’ school performance, as (6) in subsection (g) (as redesignated by (7) in subsection (g), by striking ‘‘aca- measured by the grade point average, or its paragraph (4))— demic’’ and inserting ‘‘award’’. equivalent; (A) in the first sentence, by striking SEC. 403. FEDERAL TRIO PROGRAMS. ‘‘(iii) such students’ academic perform- ‘‘$700,000,000 for fiscal year 1999’’ and all that (a) PROGRAM AUTHORITY; AUTHORIZATION OF ance, as measured by standardized tests, in- follows through the period and inserting APPROPRIATIONS.—Section 402A (20 U.S.C. cluding tests required by the students’ State; ‘‘such sums as may be necessary for fiscal 1070a–11) is amended— ‘‘(iv) the retention in, and graduation year 2008 and each of the 5 succeeding fiscal (1) in subsection (b)— from, secondary school of such students; and years.’’; and (A) in paragraph (2)— ‘‘(v) the enrollment of such students in an (B) by striking the fourth sentence; and (i) in the matter preceding subparagraph institution of higher education. (7) in subsection (h) (as redesignated by (A), by striking ‘‘4’’ and inserting ‘‘5’’; ‘‘(C) For programs authorized under sec- paragraph (4))— (ii) by striking subparagraph (A); and tion 402D— (A) by redesignating paragraphs (1) (iii) by redesignating subparagraphs (B) ‘‘(i) the extent to which the eligible entity through (4) as paragraphs (3) through (6), re- and (C) as subparagraphs (A) and (B), respec- met or exceeded the entity’s objectives re- spectively; tively; and garding the retention in postsecondary edu- (B) by inserting before paragraph (3) (as re- (B) by striking paragraph (3) and inserting cation of the students served by the pro- designated by subparagraph (A)) the fol- the following: gram; lowing: ‘‘(3) MINIMUM GRANTS.—Unless the institu- ‘‘(ii)(I) in the case of an entity that is an ‘‘(1) DIFFERENT CAMPUS.—The term ‘dif- tion or agency requests a smaller amount, an institution of higher education offering a ferent campus’ means a site of an institution individual grant authorized under this chap- baccalaureate degree, the extent to which of higher education that— ter shall be awarded in an amount that is not the entity met or exceeded the entity’s ob- ‘‘(A) is geographically apart from the main less than $200,000, except that an individual jectives regarding such students’ completion campus of the institution; grant authorized under section 402G shall be of the degree programs in which such stu- ‘‘(B) is permanent in nature; and awarded in an amount that is not less than dents were enrolled; or ‘‘(C) offers courses in educational programs $170,000.’’; ‘‘(II) in the case of an entity that is an in- leading to a degree, certificate, or other rec- (2) in subsection (c)— stitution of higher education that does not ognized educational credential. (A) in paragraph (2), by striking ‘‘service offer a baccalaureate degree, the extent to ‘‘(2) DIFFERENT POPULATION.—The term delivery’’ and inserting ‘‘high quality service which the entity met or exceeded the enti- ‘different population’ means a group of indi- delivery, as determined under subsection ty’s objectives regarding— viduals, with respect to whom an eligible en- (f),’’; ‘‘(aa) the completion of a degree or certifi- tity desires to serve through an application (B) in paragraph (3)(B), by striking ‘‘is not cate by such students; and for a grant under this chapter, that— required to’’ and inserting ‘‘shall not’’; and ‘‘(bb) the transfer of such students to insti- ‘‘(A) is separate and distinct from any (C) in paragraph (5), by striking ‘‘cam- tutions of higher education that offer bacca- other population that the entity has applied puses’’ and inserting ‘‘different campuses’’; laureate degrees; for a grant under this chapter to serve; or

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00145 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10002 CONGRESSIONAL RECORD — SENATE July 25, 2007 ‘‘(B) while sharing some of the same needs ‘‘(4) workshops and counseling for families of higher education, students, or any com- as another population that the eligible enti- of students served; bination of such persons; ty has applied for a grant under this chapter ‘‘(5) mentoring programs involving elemen- ‘‘(5) work-study positions where youth par- to serve, has distinct needs for specialized tary or secondary school teachers or coun- ticipating in the project are exposed to ca- services.’’; selors, faculty members at institutions of reers requiring a postsecondary degree; (C) in paragraph (5) (as redesignated by higher education, students, or any combina- ‘‘(6) special services to enable veterans to subparagraph (A))— tion of such persons; and make the transition to postsecondary edu- (i) in subparagraph (A), by striking ‘‘or’’ ‘‘(6) programs and activities as described in cation; and after the semicolon; subsection (b) or paragraphs (1) through (5) ‘‘(7) programs and activities as described in (ii) in subparagraph (B), by striking the pe- of this subsection that are specially designed subsection (b), subsection (c), or paragraphs riod at the end and inserting ‘‘; or’’; and for students who are limited English pro- (1) through (6) of this subsection that are (iii) by adding at the end the following: ficient, students with disabilities, students specially designed for students who are lim- ‘‘(C) was a member of a reserve component who are homeless children and youths (as ited English proficient, students with dis- of the Armed Forces called to active duty for such term is defined in section 725 of the abilities, students who are homeless children a period of more than 180 days.’’; and McKinney-Vento Homeless Assistance Act and youths (as such term is defined in sec- (D) in paragraph (6), by striking ‘‘subpara- (42 U.S.C. 11434a)), or students who are in fos- tion 725 of the McKinney-Vento Homeless graph (A) or (B) of paragraph (3)’’ and insert- ter care or are aging out of the foster care Assistance Act (42 U.S.C. 11434a)), or stu- ing ‘‘subparagraph (A), (B), or (C) of para- system.’’; and dents who are in foster care or are aging out graph (5)’’. (4) in the matter preceding paragraph (1) of of the foster care system. (b) TALENT SEARCH.—Section 402B (20 subsection (d) (as redesignated by paragraph ‘‘(e) PRIORITY.—In providing assistance U.S.C. 1070a–12) is amended— (2)), by striking ‘‘talent search projects under this section the Secretary— (1) in subsection (a)— under this chapter’’ and inserting ‘‘projects ‘‘(1) shall give priority to projects assisted (A) in paragraph (1), by striking ‘‘to iden- under this section’’. under this section that select not less than tify qualified youths with potential for edu- (c) UPWARD BOUND.—Section 402C (20 U.S.C. 30 percent of all first-time participants in cation at the postsecondary level and to en- 1070a–13) is amended— the projects from students who have a high courage such youths’’ and inserting ‘‘to en- (1) by striking subsection (b) and inserting academic risk for failure; and courage eligible youths’’; the following: ‘‘(2) shall not deny participation in a (B) in paragraph (2), by inserting ‘‘, and fa- ‘‘(b) REQUIRED SERVICES.—Any project as- project assisted under this section to a stu- cilitate the application for,’’ after ‘‘the sisted under this section shall provide— dent because the student will enter the availability of’’; and ‘‘(1) academic tutoring to enable students project after the 9th grade.’’; (C) in paragraph (3), by striking ‘‘, but who to complete secondary or postsecondary (5) in the matter preceding paragraph (1) of have the ability to complete such programs, courses, which may include instruction in subsection (f) (as redesignated by paragraph to reenter’’ and inserting ‘‘to enter or reen- reading, writing, study skills, mathematics, (3)), by striking ‘‘upward bound projects ter, and complete’’; science, and other subjects; under this chapter’’ and inserting ‘‘projects (2) by redesignating subsection (c) as sub- ‘‘(2) advice and assistance in secondary and under this section’’; and section (d); postsecondary course selection; (6) in subsection (g) (as redesignated by (3) by striking subsection (b) and inserting ‘‘(3) assistance in preparing for college en- paragraph (3))— the following: trance examinations and completing college (A) by striking ‘‘during June, July, and ‘‘(b) REQUIRED SERVICES.—Any project as- admission applications; August’’ each place the term occurs and in- sisted under this section shall provide— ‘‘(4)(A) information on both the full range serting ‘‘during the summer school recess, ‘‘(1) academic tutoring, or connections to of Federal student financial aid programs for a period not to exceed 3 months’’; and high quality academic tutoring services, to (including Federal Pell Grant awards and (B) by striking ‘‘(b)(10)’’ and inserting enable students to complete secondary or loan forgiveness) and resources for locating ‘‘(d)(5)’’. postsecondary courses, which may include public and private scholarships; and (7) by adding at the end the following: instruction in reading, writing, study skills, ‘‘(B) assistance in completing financial aid ‘‘(h) ADDITIONAL FUNDS.— mathematics, science, and other subjects; applications, including the Free Application ‘‘(1) AUTHORIZATION.—There are authorized ‘‘(2) advice and assistance in secondary for Federal Student Aid described in section to be appropriated for the upward bound pro- course selection and, if applicable, initial 483(a); gram under this chapter, in addition to any postsecondary course selection; ‘‘(5) guidance on and assistance in— amounts appropriated under section 402A(g), ‘‘(3) assistance in preparing for college en- ‘‘(A) secondary school reentry; $57,000,000 for each of the fiscal years 2008 trance examinations and completing college ‘‘(B) alternative education programs for through 2011 for the Secretary to carry out admission applications; secondary school dropouts that lead to the paragraph (2), except that any amounts that ‘‘(4)(A) information on both the full range receipt of a regular secondary school di- remain unexpended for such purpose for each of Federal student financial aid programs ploma; of such fiscal years may be available for (including Federal Pell Grant awards and ‘‘(C) entry into general educational devel- technical assistance and administration loan forgiveness) and resources for locating opment (GED) programs; or costs for the upward bound program under public and private scholarships; and ‘‘(D) postsecondary education; and this chapter. ‘‘(B) assistance in completing financial aid ‘‘(6) education or counseling services de- ‘‘(2) USE OF FUNDS.— applications, including the Free Application signed to improve the financial literacy and ‘‘(A) IN GENERAL.—The amounts made for Federal Student Aid described in section economic literacy of students or the stu- available by paragraph (1) for a fiscal year 483(a); dents’ parents, including financial planning shall be available to provide assistance to ‘‘(5) guidance on and assistance in— for postsecondary education.’’; applicants for an upward bound project ‘‘(A) secondary school reentry; (2) in subsection (c)— under this chapter for such fiscal year that— ‘‘(B) alternative education programs for (A) in the subsection heading, by striking ‘‘(i) did not apply for assistance, or applied secondary school dropouts that lead to the ‘‘REQUIRED SERVICES’’ and inserting ‘‘ADDI- but did not receive assistance, under this receipt of a regular secondary school di- TIONAL REQUIRED SERVICES FOR MULTIPLE- section in fiscal year 2007; and ploma; YEAR GRANT RECIPIENTS’’; and ‘‘(ii) receive a grant score above 70 on the ‘‘(C) entry into general educational devel- (B) by striking ‘‘upward bound project as- applicant’s application. opment (GED) programs; or sisted under this chapter’’ and inserting ‘‘(B) 4-YEAR GRANTS.—The assistance de- ‘‘(D) postsecondary education; and ‘‘project assisted under this section’’; scribed in subparagraph (A) shall be made ‘‘(6) education or counseling services de- (3) by redesignating subsections (d) and (e) available in the form of 4-year grants.’’. signed to improve the financial literacy and as subsections (f) and (g), respectively; (d) STUDENT SUPPORT SERVICES.—Section economic literacy of students or the stu- (4) by inserting after subsection (c) the fol- 402D (20 U.S.C. 1070a–14) is amended— dents’ parents, including financial planning lowing: (1) in subsection (a)— for postsecondary education. ‘‘(d) PERMISSIBLE SERVICES.—Any project (A) in paragraph (2), by striking ‘‘and’’ ‘‘(c) PERMISSIBLE SERVICES.—Any project assisted under this section may provide such after the semicolon; assisted under this section may provide serv- services as— (B) by striking paragraph (3) and inserting ices such as— ‘‘(1) exposure to cultural events, academic the following: ‘‘(1) personal and career counseling or ac- programs, and other activities not usually ‘‘(3) to foster an institutional climate sup- tivities; available to disadvantaged youth; portive of the success of low-income and first ‘‘(2) information and activities designed to ‘‘(2) information, activities and instruction generation college students, students with acquaint youths with the range of career op- designed to acquaint youths participating in disabilities, students who are limited tions available to the youths; the project with the range of career options English proficient, students who are home- ‘‘(3) exposure to the campuses of institu- available to the youths; less children and youths (as such term is de- tions of higher education, as well as cultural ‘‘(3) on-campus residential programs; fined in section 725 of the McKinney-Vento events, academic programs, and other sites ‘‘(4) mentoring programs involving elemen- Homeless Assistance Act (42 U.S.C. 11434a)), or activities not usually available to dis- tary school or secondary school teachers or and students who are in foster care or are advantaged youth; counselors, faculty members at institutions aging out of the foster care system.’’; and

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00146 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10003 (C) by adding at the end the following: (5) in the matter preceding paragraph (1) of ‘‘(11) programs and activities as described ‘‘(4) to improve the financial literacy and subsection (e) (as redesignated by paragraph in paragraphs (1) through (10) that are spe- economic literacy of students, including— (2)), by striking ‘‘student support services cially designed for students who are limited ‘‘(A) basic personal income, household projects under this chapter’’ and inserting English proficient, students with disabil- money management, and financial planning ‘‘projects under this section’’. ities, or students who are homeless children skills; and (e) POSTBACCALAUREATE ACHIEVEMENT PRO- and youths (as such term is defined in sec- GRAM AUTHORITY.—Section 402E (20 U.S.C. ‘‘(B) basic economic decisionmaking tion 725 of the McKinney-Vento Homeless skills.’’; 1070a–15) is amended— (1) in subsection (b)— Assistance Act (42 U.S.C. 11434a)), or pro- (2) by redesignating subsections (c) and (d) grams and activities for students who are in as subsections (d) and (e); (A) in the subsection heading, by inserting foster care or are aging out of the foster care (3) by striking subsection (b) and inserting ‘‘REQUIRED’’ before ‘‘SERVICES’’; system.’’. the following: (B) in the matter preceding paragraph (1), ‘‘(b) REQUIRED SERVICES.—A project as- by striking ‘‘A postbaccalaureate achieve- (g) STAFF DEVELOPMENT ACTIVITIES.—Sec- sisted under this section shall provide— ment project assisted under this section may tion 402G(b)(3) (20 U.S.C. 1070a–17(b)(3)) is ‘‘(1) academic tutoring to enable students provide services such as—’’ and inserting ‘‘A amended by inserting ‘‘, including strategies to complete postsecondary courses, which project assisted under this section shall pro- for recruiting and serving students who are may include instruction in reading, writing, vide—’’; homeless children and youths (as such term study skills, mathematics, science, and other (C) in paragraph (5), by inserting ‘‘and’’ is defined in section 725 of the McKinney- subjects; after the semicolon; ‘‘(2) advice and assistance in postsecondary (D) in paragraph (6), by striking the semi- Vento Homeless Assistance Act (42 U.S.C. course selection; colon and inserting a period; and 11434a)) and students who are in foster care ‘‘(3)(A) information on both the full range (E) by striking paragraphs (7) and (8); or are aging out of the foster care system’’ of Federal student financial aid programs (2) by redesignating subsections (c) before the period at the end. (including Federal Pell Grant awards and through (f) as subsections (d) through (g), re- (h) REPORTS, EVALUATIONS, AND GRANTS spectively; loan forgiveness) and resources for locating FOR PROJECT IMPROVEMENT AND DISSEMINA- public and private scholarships; and (3) by inserting after subsection (b) the fol- TION.—Section 402H (20 U.S.C. 1070a–18) is ‘‘(B) assistance in completing financial aid lowing: amended— applications, including the Free Application ‘‘(c) PERMISSIBLE SERVICES.—A project as- (1) by striking the section heading and in- for Federal Student Aid described in section sisted under this section may provide serv- serting ‘‘ 483(a); ices such as— REPORTS, EVALUATIONS, AND ‘‘(1) education or counseling services de- ‘‘(4) education or counseling services de- GRANTS FOR PROJECT IMPROVEMENT signed to improve the financial literacy and signed to improve the financial literacy and AND DISSEMINATION.’’; economic literacy of students, including fi- economic literacy of students, including fi- (2) by redesignating subsections (a) nancial planning for postsecondary edu- nancial planning for postsecondary edu- through (c) as subsections (b) through (d), re- cation; cation; spectively; ‘‘(2) mentoring programs involving faculty ‘‘(5) activities designed to assist students (3) by inserting before subsection (b) (as re- members at institutions of higher education, participating in the project in securing col- designated by paragraph (2)) the following: students, or any combination of such per- lege admission and financial assistance for sons; and ‘‘(a) REPORTS TO THE AUTHORIZING COMMIT- enrollment in graduate and professional pro- ‘‘(3) exposure to cultural events and aca- TEES.—The Secretary shall submit annually, grams; and demic programs not usually available to dis- to the authorizing committees, a report that ‘‘(6) activities designed to assist students advantaged students.’’; documents the performance of all programs enrolled in 2-year institutions of higher edu- (4) in the matter preceding paragraph (1) of funded under this chapter. The report shall— cation in securing admission and financial subsection (d) (as redesignated by paragraph ‘‘(1) be submitted not later than 24 months assistance for enrollment in a 4-year pro- (2)), by striking ‘‘postbaccalaureate achieve- after the eligible entities receiving funds gram of postsecondary education. ment’’; ‘‘(c) PERMISSIBLE SERVICES.—A project as- under this chapter are required to report sisted under this section may provide serv- (5) in the matter preceding paragraph (1) of their performance to the Secretary; ices such as— subsection (f) (as redesignated by paragraph ‘‘(2) focus on the programs’ performance on ‘‘(1) consistent, individualized personal, ca- (2)), by striking ‘‘postbaccalaureate achieve- the relevant outcome criteria determined reer, and academic counseling, provided by ment project’’ and inserting ‘‘project under under section 402A(f)(4); this section’’; and assigned counselors; ‘‘(3) aggregate individual project perform- (6) in subsection (g) (as redesignated by ‘‘(2) information, activities, and instruc- ance data on the outcome criteria in order to paragraph (2))— tion designed to acquaint youths partici- (A) by striking ‘‘402A(f)’’ and inserting provide national performance data for each pating in the project with the range of career ‘‘402A(g)’’; and program; options available to the students; (B) by striking ‘‘1993 through 1997’’ and in- ‘‘(4) include, when appropriate, descriptive ‘‘(3) exposure to cultural events and aca- serting ‘‘2007 through 2012’’. data, multi-year data, and multi-cohort demic programs not usually available to dis- (f) EDUCATIONAL OPPORTUNITY CENTERS.— data; and advantaged students; Section 402F (20 U.S.C. 1070a–16) is amend- ‘‘(5) include comparable data on the per- ‘‘(4) activities designed to acquaint stu- ed— formance nationally of low-income students, dents participating in the project with the (1) in subsection (a)— first-generation students, and students with range of career options available to the stu- (A) in paragraph (1), by striking ‘‘and’’ disabilities.’’; and dents; after the semicolon; (4) in subsection (b) (as redesignated by ‘‘(5) mentoring programs involving faculty (B) in paragraph (2), by striking the period paragraph (2)), by striking paragraph (2) and or upper class students, or a combination at the end and inserting ‘‘; and’’; and inserting the following: thereof; (C) by adding at the end the following: ‘‘(2) PRACTICES.— ‘‘(6) securing temporary housing during ‘‘(3) to improve the financial literacy and ‘‘(A) IN GENERAL.—The evaluations de- breaks in the academic year for students economic literacy of students, including— scribed in paragraph (1) shall identify insti- who are homeless children and youths (as ‘‘(A) basic personal income, household tutional, community, and program or project such term is defined in section 725 of the money management, and financial planning practices that are particularly effective in— McKinney-Vento Homeless Assistance Act skills; and ‘‘(i) enhancing the access of low-income in- (42 U.S.C. 11434a)) or were formerly homeless ‘‘(B) basic economic decisionmaking dividuals and first-generation college stu- children and youths and students who are in skills.’’; and dents to postsecondary education; foster care or are aging out of the foster care (2) in subsection (b)— system; and (A) by redesignating paragraphs (5) ‘‘(ii) the preparation of the individuals and ‘‘(7) programs and activities as described in through (10) as paragraphs (6) through (11), students for postsecondary education; and subsection (b) or paragraphs (1) through (5) respectively; ‘‘(iii) fostering the success of the individ- of this subsection that are specially designed (B) by inserting after paragraph (4) the fol- uals and students in postsecondary edu- for students who are limited English pro- lowing: cation. ficient, students with disabilities, students ‘‘(5) education or counseling services de- ‘‘(B) PRIMARY PURPOSE.—Any evaluation who are homeless children and youths (as signed to improve the financial literacy and conducted under this chapter shall have as such term is defined in section 725 of the economic literacy of students;’’; its primary purpose the identification of par- McKinney-Vento Homeless Assistance Act (C) by striking paragraph (7) (as redesig- ticular practices that further the achieve- (42 U.S.C. 11434a)) or were formerly homeless nated by subparagraph (A)) and inserting the ment of the outcome criteria determined children and youths, or students who are in following: under section 402A(f)(4). foster care or are aging out of the foster care ‘‘(7) individualized personal, career, and ‘‘(C) DISSEMINATION AND USE OF EVALUATION system.’’; academic counseling;’’; and FINDINGS.—The Secretary shall disseminate (4) in subsection (d)(1) (as redesignated by (D) by striking paragraph (11) (as redesig- to eligible entities and make available to the paragraph (2)), by striking ‘‘subsection (b)’’ nated by subparagraph (A)) and inserting the public the practices identified under sub- and inserting ‘‘subsection (c)’’; and following: paragraph (B). The practices may be used by

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00147 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10004 CONGRESSIONAL RECORD — SENATE July 25, 2007 eligible entities that receive assistance ‘‘(B) the distribution of such awards be- private funds under this chapter’’ and insert- under this chapter after the dissemination. tween urban and rural applicants. ing ‘‘obligated to students from State, local, ‘‘(3) RECRUITMENT.—The Secretary shall ‘‘(2) SPECIAL RULE.—The Secretary shall institutional, or private funds under this not require an eligible entity desiring to re- annually reevaluate the distribution of funds chapter, including pre-existing non-Federal ceive assistance under this chapter to recruit described in paragraph (1) based on number, financial assistance programs,’’; students to serve as a control group for pur- quality, and promise of the applications.’’; (5) in subsection (c)(1), by striking the poses of evaluating any program or project (2) by striking subsections (b), (e), and (f); semicolon at the end and inserting ‘‘includ- assisted under this chapter.’’. (3) by redesignating subsections (c), (d), ing— (i) ADDITIONAL AMENDMENT TO and (g) as subsections (b), (c), and (d), respec- ‘‘(A) the amount contributed to a student POSTBACCALAUREATE ACHIEVEMENT PRO- tively; and scholarship fund established under section GRAM.—Section 402E(d)(2) (as redesignated by (4) by adding at the end the following: 404E; and subsection (e)(2)) (20 U.S.C. 1070a–15(d)(2)) is ‘‘(e) SUPPLEMENT, NOT SUPPLANT.—Grant ‘‘(B) the amount of the costs of admin- further amended by inserting ‘‘, including funds awarded under this chapter shall be istering the scholarship program under sec- Native Hawaiians, as defined in section 7207 used to supplement, and not supplant, other tion 404E;’’. of the Elementary and Secondary Education Federal, State, and local funds that would (6) in subsection (c)— Act of 1965, and Pacific Islanders’’ after otherwise be expended to carry out activities (A) in paragraph (2), by striking ‘‘and’’ ‘‘graduate education’’. assisted under this chapter.’’. after the semicolon; (c) APPLICATION.—Section 404C (20 U.S.C. SEC. 404. GAINING EARLY AWARENESS AND (B) in paragraph (3), by striking the period READINESS FOR UNDERGRADUATE 1070a–23) is amended— at the end and inserting ‘‘; and’’; and PROGRAMS. (1) in the section heading, by striking ‘‘EL- (C) by adding at the end the following: (a) EARLY INTERVENTION AND COLLEGE IGIBLE ENTITY PLANS’’ and inserting ‘‘AP- ‘‘(4) other resources recognized by the Sec- AWARENESS PROGRAM AUTHORIZED.—Section PLICATIONS’’; retary, including equipment and supplies, 404A (20 U.S.C. 1070a–21) is amended— (2) in subsection (a)— cash contributions from non-Federal sources, (1) by striking subsection (a) and inserting (A) in the subsection heading, by striking transportation expenses, in-kind or dis- the following: ‘‘PLAN’’ and inserting ‘‘APPLICATION’’; ‘‘(a) PROGRAM AUTHORIZED.—The Secretary (B) in paragraph (1)— counted program services, indirect costs, and is authorized, in accordance with the re- (i) by striking ‘‘a plan’’ and inserting ‘‘an facility usage.’’. quirements of this chapter, to establish a application’’; and (d) ACTIVITIES.—Section 404D (20 U.S.C. program that encourages eligible entities to (ii) by striking the second sentence; and 1070a–24) is amended to read as follows: provide support to eligible low-income stu- (C) by striking paragraph (2) and inserting ‘‘SEC. 404D. ACTIVITIES. dents to assist the students in obtaining a the following: ‘‘(a) REQUIRED ACTIVITIES.—Each eligible secondary school diploma (or its recognized ‘‘(2) CONTENTS.—Each application sub- entity receiving a grant under this chapter equivalent) and to prepare for and succeed in mitted pursuant to paragraph (1) shall be in shall carry out the following: postsecondary education, by providing— such form, contain or be accompanied by ‘‘(1) Provide information regarding finan- ‘‘(1) financial assistance, academic sup- such information or assurances, and be sub- cial aid for postsecondary education to par- port, additional counseling, mentoring, out- mitted at such time as the Secretary may re- ticipating students in the cohort described in reach, and supportive services to middle quire. Each such application shall, at a min- subsection 404B(d)(1)(A). school and secondary school students to re- imum— ‘‘(2) Encourage student enrollment in rig- duce— ‘‘(A) describe the activities for which as- orous and challenging curricula and ‘‘(A) the risk of such students dropping out sistance under this chapter is sought, includ- coursework, in order to reduce the need for of school; or ing how the eligible entity will carry out the remedial coursework at the postsecondary ‘‘(B) the need for remedial education for required activities described in section level. such students at the postsecondary level; 404D(a); ‘‘(3) Support activities designed to improve and ‘‘(B) describe how the eligible agency will the number of participating students who— ‘‘(2) information to students and their par- meet the requirements of section 404E; ‘‘(A) obtain a secondary school diploma; ents about the advantages of obtaining a ‘‘(C) provide assurances that adequate ad- and postsecondary education and the college fi- ministrative and support staff will be respon- ‘‘(B) complete applications for and enroll nancing options for the students and their sible for coordinating the activities de- in a program of postsecondary education. parents.’’; scribed in section 404D; ‘‘(4) In the case of an eligible entity de- (2) by striking subsection (b)(2)(A) and in- ‘‘(D) ensure that activities assisted under scribed in section 404A(c)(1), provide for the serting the following: this chapter will not displace an employee or scholarships described in section 404E. ‘‘(A) give priority to eligible entities that eliminate a position at a school assisted ‘‘(b) OPTIONAL ACTIVITIES FOR STATES AND have a prior, demonstrated commitment to under this chapter, including a partial dis- PARTNERSHIPS.—An eligible entity that re- early intervention leading to college access placement such as a reduction in hours, ceives a grant under this chapter may use through collaboration and replication of suc- wages or employment benefits; grant funds to carry out 1 or more of the fol- cessful strategies;’’; and ‘‘(E) describe, in the case of an eligible en- lowing activities: (3) in subsection (b), by adding at the end tity described in section 404A(c)(2), how the ‘‘(1) Providing tutoring and supporting the following: eligible entity will define the cohorts of the mentors, including adults or former partici- ‘‘(3) CARRY OVER.—An eligible entity that receives a grant under this chapter may students served by the eligible entity pursu- pants of a program under this chapter, for el- carry over any unspent grant funds from the ant to section 404B(d), and how the eligible igible students. final year of the grant period into the fol- entity will serve the cohorts through grade ‘‘(2) Conducting outreach activities to re- lowing year.’’; 12, including— cruit priority students described in sub- (4) by striking subsection (c)(2) and insert- ‘‘(i) how vacancies in the program under section (d) to participate in program activi- ing the following: this chapter will be filled; and ties. ‘‘(2) a partnership— ‘‘(ii) how the eligible entity will serve stu- ‘‘(3) Providing supportive services to eligi- ‘‘(A) consisting of— dents attending different secondary schools; ble students. ‘‘(i) 1 or more local educational agencies; ‘‘(F) describe how the eligible entity will ‘‘(4) Supporting the development or imple- and coordinate programs with other existing mentation of rigorous academic curricula, ‘‘(ii) 1 or more degree granting institutions Federal, State, or local programs to avoid which may include college preparatory, Ad- of higher education; and duplication and maximize the number of stu- vanced Placement, or International Bacca- ‘‘(B) which may include not less than 2 dents served; laureate programs, and providing partici- other community organizations or entities, ‘‘(G) provide such additional assurances as pating students access to rigorous core such as businesses, professional organiza- the Secretary determines necessary to en- courses that reflect challenging State aca- tions, State agencies, institutions or agen- sure compliance with the requirements of demic standards. cies sponsoring programs authorized under this chapter; and ‘‘(5) Supporting dual or concurrent enroll- subpart 4, or other public or private agencies ‘‘(H) provide information about the activi- ment programs between the secondary or organizations.’’. ties that will be carried out by the eligible school and institution of higher education (b) REQUIREMENTS.—Section 404B (20 U.S.C. entity to support systemic changes from partners of an eligible entity described in 1070a–22) is amended— which future cohorts of students will ben- section 404A(c)(2), and other activities that (1) by striking subsection (a) and inserting efit.’’; support participating students in— the following: — (3) in the matter preceding subparagraph ‘‘(A) meeting challenging academic stand- ‘‘(a) FUNDING RULES.— (A) of subsection (b)(1)— ards; ‘‘(1) DISTRIBUTION.—In awarding grants (A) by striking ‘‘a plan’’ and inserting ‘‘an ‘‘(B) successfully applying for postsec- from the amount appropriated under section application’’; and ondary education; 404G for a fiscal year, the Secretary shall (B) by striking ‘‘such plan’’ and inserting ‘‘(C) successfully applying for student fi- take into consideration— ‘‘such application’’; and nancial aid; and ‘‘(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.

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‘‘(6) Providing support for scholarships de- ‘‘(B) Identifying and disseminating infor- ‘‘(c) NOTIFICATION OF ELIGIBILITY.—Each el- scribed in section 404E. mation on best practices with respect to— igible entity providing scholarships under ‘‘(7) Introducing eligible students to insti- ‘‘(i) increasing parental involvement; and this section shall provide information on the tutions of higher education, through trips ‘‘(ii) preparing students, including students eligibility requirements for the scholarships and school-based sessions. with disabilities and students who are lim- to all participating students upon the stu- ‘‘(8) Providing an intensive extended school ited English proficient, to succeed academi- dents’ entry into the programs assisted day, school year, or summer program that cally in, and prepare financially for, postsec- under this chapter.’’; offers— ondary education. (4) in subsection (d) (as redesignated by ‘‘(A) additional academic classes; or ‘‘(6) Working to align State academic paragraph (2)), by striking ‘‘the lesser of’’ ‘‘(B) assistance with college admission ap- standards and curricula with the expecta- and all that follows through the period at plications. tions of postsecondary institutions and em- the end of paragraph (2) and inserting ‘‘the ‘‘(9) Providing other activities designed to ployers. minimum Federal Pell Grant award under ensure secondary school completion and ‘‘(7) Developing alternatives to traditional section 401 for such award year.’’; postsecondary education enrollment of at- secondary school that give students a head (5) by inserting after subsection (d) (as re- risk children, such as— start on attaining a recognized postsec- designated by paragraph (2) and amended by ‘‘(A) the identification of at-risk children; ondary credential (including an industry cer- paragraph (4)) the following: ‘‘(B) after-school and summer tutoring; tificate, an apprenticeship, or an associate’s ‘‘(e) PORTABILITY OF ASSISTANCE.— ‘‘(C) assistance to at-risk children in ob- or a bachelor’s degree), including school de- ‘‘(1) IN GENERAL.—Each eligible entity de- taining summer jobs; signs that give students early exposure to scribed in section 404A(c)(1) that receives a ‘‘(D) academic counseling; college-level courses and experiences and grant under this chapter shall create or or- ‘‘(E) volunteer and parent involvement; allow students to earn transferable college ganize a trust for each cohort described in ‘‘(F) encouraging former or current partici- credits or an associate’s degree at the same section 404B(d)(1)(A) for which the grant is sought in the application submitted by the pants of a program under this chapter to time as a secondary school diploma. entity, which trust shall be an amount that serve as peer counselors; ‘‘(8) Creating community college programs is not less than the minimum scholarship ‘‘(G) skills assessments; for drop-outs that are personalized drop-out amount described in subsection (d), multi- ‘‘(H) personal counseling; recovery programs that allow drop-outs to plied by the number of students partici- ‘‘(I) family counseling and home visits; complete a regular secondary school diploma pating in the cohort. ‘‘(J) staff development; and and begin college-level work. ‘‘(2) REQUIREMENT FOR PORTABILITY.—Funds ‘‘(K) programs and activities described in ‘‘(d) PRIORITY STUDENTS.—For eligible enti- contributed to the trust for a cohort shall be this subsection that are specially designed ties not using a cohort approach, the eligible available to a student in the cohort when the for students who are limited English pro- entity shall treat as priority students any student has— ficient. student in middle or secondary school who is eligible— ‘‘(A) completed a secondary school di- ‘‘(10) Enabling eligible students to enroll in ploma, its recognized equivalent, or other Advanced Placement or International Bacca- ‘‘(1) to be counted under section 1124(c) of the Elementary and Secondary Education recognized alternative standard for individ- laureate courses, or college entrance exam- uals with disabilities; and ination preparation courses. Act of 1965; ‘‘(2) for free or reduced price meals under ‘‘(B) enrolled in an institution of higher ‘‘(11) Providing services to eligible stu- education. dents in the participating cohort described the Richard B. Russell National School ‘‘(3) QUALIFIED EDUCATIONAL EXPENSES.— in section 404B(d)(1)(A), through the first Lunch Act; ‘‘(3) for assistance under a State program Funds available to an eligible student from a year of attendance at an institution of high- trust may be used for— er education. funded under part A or E of title IV of the Social Security Act (42 U.S.C. 601 et seq., 670 ‘‘(A) tuition, fees, books, supplies, and ‘‘(12) Fostering and improving parent and equipment required for the enrollment or at- family involvement in elementary and sec- et seq.); or ‘‘(4) for assistance under subtitle B of title tendance of the eligible student at an insti- ondary education by promoting the advan- tution of higher education; and tages of a college education, and empha- VII of the McKinney-Vento Homeless Assist- ance Act (42 U.S.C. 11431 et seq.). ‘‘(B) in the case of an eligible student with sizing academic admission requirements and special needs, expenses for special needs the need to take college preparation courses, ‘‘(e) ALLOWABLE PROVIDERS.—In the case of eligible entities described in section services which are incurred in connection through parent engagement and leadership with such enrollment or attendance. activities. 404A(c)(1), the activities required by this sec- ‘‘(4) RETURN OF FUNDS.— ‘‘(13) Disseminating information that pro- tion may be provided by service providers ‘‘(A) REDISTRIBUTION.— motes the importance of higher education, such as community-based organizations, ‘‘(i) IN GENERAL.—Trust funds that are not explains college preparation and admissions schools, institutions of higher education, public and private agencies, nonprofit and used by an eligible student within 6 years of requirements, and raises awareness of the re- philanthropic organizations, businesses, in- the student’s scheduled completion of sec- sources and services provided by the eligible stitutions and agencies sponsoring programs ondary school may be redistributed by the entities to eligible students, their families, authorized under subpart 4, and other orga- eligible entity to other eligible students. and communities. nizations the State determines appro- ‘‘(ii) RETURN OF EXCESS TO THE SEC- ‘‘(c) ADDITIONAL OPTIONAL ACTIVITIES FOR priate.’’. RETARY.—If, after meeting the requirements STATES.—In addition to the required activi- (e) SCHOLARSHIP COMPONENT.—Section 404E of paragraph (1) and, if applicable, redistrib- ties described in subsection (a) and the op- (20 U.S.C. 1070a–25) is amended— uting excess funds in accordance with clause tional activities described in subsection (b), (1) by striking subsections (e) and (f); (i), an eligible entity has funds remaining, an eligible entity described in section (2) by redesignating subsections (b), (c), the eligible entity shall return excess funds 404A(c)(1) receiving funds under this chapter and (d) as subsections (d), (f), and (g), respec- to the Secretary for distribution to other may use grant funds to carry out 1 or more tively; grantees under this chapter. of the following activities: (3) by inserting after subsection (a) the fol- ‘‘(B) NONPARTICIPATING ENTITY.—Notwith- ‘‘(1) Providing technical assistance to— lowing: standing subparagraph (A), in the case of an ‘‘(A) middle schools or secondary schools ‘‘(b) LIMITATION.— eligible entity described in section that are located within the State; or ‘‘(1) IN GENERAL.—Subject to paragraph (2), 404A(c)(1)(A) that does not receive assistance ‘‘(B) partnerships described in section each eligible entity described in section under this subpart for 6 fiscal years, the eli- 404A(c)(2) that are located within the State. 404A(c)(1) that receives a grant under this gible entity shall return any trust funds not ‘‘(2) Providing professional development chapter shall use not less than 25 percent and awarded or obligated to eligible students to opportunities to individuals working with el- not more than 50 percent of the grant funds the Secretary for distribution to other igible cohorts of students described in sec- for activities described in section 404D (ex- grantees under this chapter.’’; and tion 404B(d)(1)(A). cept for the activity described in subsection (6) in subsection (g) (as redesignated by ‘‘(3) Providing strategies and activities (a)(4) of such section), with the remainder of paragraph (2))— that align efforts in the State to prepare eli- such funds to be used for a scholarship pro- (A) in paragraph (2), by striking ‘‘1993’’ and gible students for attending and succeeding gram under this section in accordance with inserting ‘‘2001’’; and in postsecondary education, which may in- such subsection. (B) in paragraph (4), by striking ‘‘early clude the development of graduation and ca- ‘‘(2) EXCEPTION.—Notwithstanding para- intervention component required under sec- reer plans. graph (1), the Secretary may allow an eligi- tion 404D’’ and inserting ‘‘activities required ‘‘(4) Disseminating information on the use ble entity to use more than 50 percent of under section 404D(a)’’. of scientifically based research and best grant funds received under this chapter for (f) REPEAL OF 21ST CENTURY SCHOLAR CER- practices to improve services for eligible stu- such activities, if the eligible entity dem- TIFICATES.—Chapter 2 of subpart 2 of part A dents. onstrates that the eligible entity has an- of title IV (20 U.S.C. 1070a–21 et seq.) is fur- ‘‘(5)(A) Disseminating information on ef- other means of providing the students with ther amended— fective coursework and support services that the financial assistance described in this sec- (1) by striking section 404F; and 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.

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(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) provide coordination and cohesion ‘‘(iii) EFFECT ON NEED ANALYSIS.—For the Section 404G (as redesignated by subsection among Federal, State, and local govern- purpose of calculating a student’s need in ac- (f)) (20 U.S.C. 1070a–28) is amended by strik- mental and private efforts that provide fi- cordance with part F of this title, an in-kind ing ‘‘$200,000,000 for fiscal year 1999’’ and all nancial assistance to help low-income stu- contribution described in clause (ii) shall not that follows through the period and inserting dents attend an institution of higher edu- be considered an asset or income. ‘‘such sums as may be necessary for fiscal cation; ‘‘(c) APPLICATION FOR ALLOTMENT.— year 2008 and each of the 5 succeeding fiscal ‘‘(2) provide need-based grants for access ‘‘(1) IN GENERAL.— years.’’. and persistence to eligible low-income stu- ‘‘(A) SUBMISSION.—A State that desires to (h) CONFORMING AMENDMENTS.—Chapter 2 dents; receive an allotment under this section on of subpart 2 of part A of title IV (20 U.S.C. ‘‘(3) provide early notification to low-in- behalf of a partnership described in para- 1070a–21 et seq.) is further amended— come students of the students’ eligibility for graph (3) shall submit an application to the (1) in section 404A(b)(1), by striking ‘‘404H’’ financial aid; and Secretary at such time, in such manner, and and inserting ‘‘404G’’; ‘‘(4) encourage increased participation in containing such information as the Sec- (2) in section 404B(a)(1), by striking ‘‘404H’’ early information and intervention, men- retary may require. and inserting ‘‘404G’’; and toring, or outreach programs. ‘‘(B) CONTENT.—An application submitted (3) in section 404F(c) (as redesignated by under subparagraph (A) shall include the fol- ‘‘(b) ALLOTMENTS TO STATES.— subsection (f)(2)), by striking ‘‘404H’’ and in- lowing: ‘‘(1) IN GENERAL.— serting ‘‘404G’’. ‘‘(i) A description of the State’s plan for ‘‘(A) AUTHORIZATION.—From sums reserved SEC. 405. ACADEMIC ACHIEVEMENT INCENTIVE using the allotted funds. under section 415A(b)(2) for each fiscal year, ‘‘(ii) Assurances that the State will provide SCHOLARSHIPS. the Secretary shall make an allotment to Chapter 3 of subpart 2 of part A of title IV the non-Federal share from State, institu- each State that submits an application for (20 U.S.C. 1070a–31 et seq.) is repealed. tional, philanthropic, or private funds, of not an allotment in accordance with subsection less than the required share of the cost of SEC. 406. FEDERAL SUPPLEMENTAL EDU- (c) to enable the State to pay the Federal CATIONAL OPPORTUNITY GRANTS. carrying out the activities under subsection share, as described in paragraph (2), of the (a) APPROPRIATIONS AUTHORIZED.—Section (d), as determined under subsection (b), in cost of carrying out the activities under sub- 413A(b)(1) (20 U.S.C. 1070b(b)(1)) is amended accordance with the following: section (d). by striking ‘‘$675,000,000 for fiscal year 1999’’ ‘‘(I) The State shall specify the methods by ‘‘(B) DETERMINATION OF ALLOTMENT.—In and all that follows through the period and which non-Federal share funds will be paid, making allotments under subparagraph (A), inserting ‘‘such sums as may be necessary and include provisions designed to ensure the Secretary shall consider the following: for fiscal year 2008 and each of the 5 suc- that funds provided under this section will ‘‘(i) CONTINUATION OF AWARD.—If a State ceeding fiscal years.’’. be used to supplement, and not supplant, (b) ALLOCATION OF FUNDS.— continues to meet the specifications estab- Federal and non-Federal funds available for (1) ALLOCATION OF FUNDS.—Section 413D (20 lished in such State’s application under sub- carrying out the activities under this title. U.S.C. 1070b–3) is amended— section (c), the Secretary shall make an al- ‘‘(II) A State that uses non-Federal funds (A) by striking subsection (a)(4); and lotment to such State that is not less than to create or expand existing partnerships (B) in subsection (c)(3)(D), by striking the allotment made to such State for the with nonprofit organizations or community- ‘‘$450’’ and inserting ‘‘$600’’. previous fiscal year. based organizations in which such organiza- (2) TECHNICAL CORRECTION.—Section ‘‘(ii) PRIORITY.—The Secretary shall give tions match State funds for student scholar- 413D(a)(1) (20 U.S.C. 1070b–3(a)(1)) is amended priority in making allotments to States that ships, may apply such matching funds from by striking ‘‘such institution’’ and all that meet the requirements described in para- such organizations toward fulfilling the follows through the period and inserting graph (2)(A)(ii). State’s non-Federal share obligation under ‘‘such institution received under subsections ‘‘(2) FEDERAL SHARE.— this clause. (a) and (b) of this section for fiscal year 1999 ‘‘(A) IN GENERAL.—The Federal share under ‘‘(iii) Assurances that early information (as such subsections were in effect with re- this section shall be determined in accord- and intervention, mentoring, or outreach spect to allocations for such fiscal year).’’. ance with the following: programs exist within the State or that ‘‘(i) If a State applies for an allotment SEC. 407. LEVERAGING EDUCATIONAL ASSIST- there is a plan to make such programs wide- ANCE PARTNERSHIP PROGRAM. under this section in partnership with— ly available. (a) APPROPRIATIONS AUTHORIZED.—Section ‘‘(I) any number of degree granting institu- ‘‘(iv) A description of the organizational 415A(b)(1) (20 U.S.C. 1070c(b)(1)) is amended to tions of higher education in the State whose structure that the State has in place to ad- read as follows: combined full-time enrollment represents minister the activities under subsection (d), ‘‘(1) IN GENERAL.—There are authorized to less than a majority of all students attend- including a description of the system the be appropriated to carry out this subpart ing institutions of higher education in the State will use to track the participation of such sums as may be necessary for fiscal State; and students who receive grants under this sec- year 2008 and each of the 5 succeeding fiscal ‘‘(II)(aa) philanthropic organizations that tion to degree completion. years.’’. are located in, or that provide funding in, ‘‘(v) Assurances that the State has a meth- (b) APPLICATIONS.—Section 415C(b) (20 the State; or od in place, such as acceptance of the auto- U.S.C. 1070c–2(b)) is amended— ‘‘(bb) private corporations that are located matic zero expected family contribution de- (1) in the matter preceding subparagraph in, or that do business in, the State, termination described in section 479, to iden- (A) of paragraph (2), by striking ‘‘not in ex- then the Federal share of the cost of car- tify eligible low-income students and award cess of $5,000 per academic year’’ and insert- rying out the activities under subsection (d) State grant aid to such students. ing ‘‘not to exceed the lesser of $12,500 or the shall be equal to 50 percent. ‘‘(vi) Assurances that the State will pro- student’s cost of attendance per academic ‘‘(ii) If a State applies for an allotment vide notification to eligible low-income stu- year’’; and under this section in partnership with— dents that grants under this section are— (2) by striking paragraph (10) and inserting ‘‘(I) any number of degree granting institu- ‘‘(I) Leveraging Educational Assistance the following: tions of higher education in the State whose Partnership Grants; and ‘‘(10) provides notification to eligible stu- combined full-time enrollment represents a ‘‘(II) funded by the Federal Government, dents that such grants are— majority of all students attending institu- the State, and other contributing partners. ‘‘(A) Leveraging Educational Assistance tions of higher education in the State; and ‘‘(2) STATE AGENCY.—The State agency that Partnership grants; and ‘‘(II)(aa) philanthropic organizations that submits an application for a State under sec- ‘‘(B) funded by the Federal Government, are located in, or that provide funding in, tion 415C(a) shall be the same State agency the State, and other contributing partners.’’. the State; or that submits an application under paragraph (c) GRANTS FOR ACCESS AND PERSISTENCE.— ‘‘(bb) private corporations that are located (1) for such State. Section 415E (20 U.S.C. 1070c–3a) is amended in, or that do business in, the State, ‘‘(3) PARTNERSHIP.—In applying for an al- to read as follows: then the Federal share of the cost of car- lotment under this section, the State agency ‘‘SEC. 415E. GRANTS FOR ACCESS AND PERSIST- rying out the activities under subsection (d) shall apply for the allotment in partnership ENCE. shall be equal to 57 percent. with— ‘‘(a) PURPOSE.—It is the purpose of this ‘‘(B) NON-FEDERAL SHARE.— ‘‘(A) not less than 1 public and 1 private de- section to expand college access and increase ‘‘(i) IN GENERAL.—The non-Federal share gree granting institution of higher education college persistence by making allotments to under this section may be provided in cash that are located in the State, if applicable; States to enable the States to— or in kind, fully evaluated and in accordance ‘‘(B) new or existing early information and ‘‘(1) expand and enhance partnerships with with this subparagraph. intervention, mentoring, or outreach pro- institutions of higher education, early infor- ‘‘(ii) IN KIND CONTRIBUTION.—For the pur- grams located in the State; and mation and intervention, mentoring, or out- pose of calculating the non-Federal share ‘‘(C) not less than 1— reach programs, private corporations, phil- under this section, an in kind contribution is ‘‘(i) philanthropic organization located in, anthropic organizations, and other inter- a non-cash award that has monetary value, or that provides funding in, the State; or ested parties in order to— such as provision of room and board and ‘‘(ii) private corporation located in, or that ‘‘(A) carry out activities under this sec- transportation passes, and that helps a stu- does business in, the State. tion; and dent meet the cost of attendance. ‘‘(4) ROLES OF PARTNERS.—

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‘‘(A) STATE AGENCY.—A State agency that tendance at an institution of higher edu- ‘‘(aa) meet the requirement under para- is in a partnership receiving an allotment cation located in the State. graph (3); under this section— ‘‘(II) COST OF ATTENDANCE.—A State that ‘‘(bb) graduate from secondary school; and ‘‘(i) shall— has a program, apart from the partnership ‘‘(cc) enroll at an institution of higher edu- ‘‘(I) serve as the primary administrative under this section, of providing eligible low- cation that is a partner in the partnership or unit for the partnership; income students with grants that are equal qualifies under subsection (d)(1)(C)(ii); ‘‘(II) provide or coordinate non-Federal to the average undergraduate tuition and ‘‘(VI) information on any additional re- share funds, and coordinate activities among mandatory fees at 4-year public institutions quirements (such as a student pledge detail- partners; of higher education in the State, may in- ing student responsibilities) that the State ‘‘(III) encourage each institution of higher crease the amount of grants for access and may impose for receipt of a grant for access education in the State to participate in the persistence awarded to students by such and persistence under this section; and partnership; State up to an amount that is equal to the ‘‘(VII) instructions on how to apply for a ‘‘(IV) make determinations and early noti- average cost of attendance at 4-year public grant for access and persistence and an ex- fications of assistance as described under institutions of higher education in the State planation that a student is required to file a subsection (d)(2); and (less any amounts of other Federal or State Free Application for Federal Student Aid au- ‘‘(V) annually report to the Secretary on sponsored grants, work study, and scholar- thorized under section 483(a) to be eligible the partnership’s progress in meeting the ships received by the student). for such grant and assistance from other purpose of this section; and ‘‘(ii) PARTNERSHIPS WITH INSTITUTIONS Federal and State financial aid programs; ‘‘(ii) may provide early information and SERVING THE MAJORITY OF STUDENTS IN THE and intervention, mentoring, or outreach pro- STATE.—In the case where a State receiving ‘‘(ii) may include a disclaimer that grant grams. an allotment under this section is in a part- awards for access and persistence are contin- ‘‘(B) DEGREE GRANTING INSTITUTIONS OF nership described in subsection (b)(2)(A)(ii), gent upon— HIGHER EDUCATION.—A degree granting insti- the amount of a grant for access and persist- ‘‘(I) a determination of the student’s finan- tution of higher education that is in a part- ence awarded to a student by such State cial eligibility at the time of the student’s nership receiving an allotment under this shall be not more than an amount that is enrollment at an institution of higher edu- section— equal to the average cost of attendance at 4- cation that is a partner in the partnership or ‘‘(i) shall— year public institutions of higher education qualifies under subsection (d)(1)(C)(ii); ‘‘(I) recruit and admit participating quali- in the State where the student resides (less ‘‘(II) annual Federal and State appropria- fied students and provide such additional in- any amounts of other Federal or State spon- tions; and stitutional grant aid to participating stu- sored grants, work study, and scholarships ‘‘(III) other aid received by the student at dents as agreed to with the State agency; received by the student), and such grant for the time of the student’s enrollment at such ‘‘(II) provide support services to students access and persistence shall be used by the institution of higher education. who receive grants for access and persistence student to attend an institution of higher ‘‘(3) ELIGIBILITY.—In determining which under this section and are enrolled at such education located in the State. students are eligible to receive grants for ac- institution; and ‘‘(C) SPECIAL RULES.— cess and persistence, the State shall ensure ‘‘(i) PARTNERSHIP INSTITUTIONS.—A State that each such student meets not less than 1 ‘‘(III) assist the State in the identification receiving an allotment under this section of the following: of eligible students and the dissemination of may restrict the use of grants for access and ‘‘(A) Meets not less than 2 of the following early notifications of assistance as agreed to persistence under this section by awarding criteria, with priority given to students with the State agency; and the grants only to students attending insti- meeting all of the following criteria: ‘‘(ii) may provide funding for early infor- tutions of higher education that are partici- ‘‘(i) Has an expected family contribution mation and intervention, mentoring, or out- pating in the partnership. equal to zero (as described in section 479) or reach programs or provide such services di- ‘‘(ii) OUT-OF-STATE INSTITUTIONS.—If a a comparable alternative based upon the rectly. State provides grants through another pro- State’s approved criteria in section ‘‘(C) PROGRAMS.—An early information and gram under this subpart to students attend- 415C(b)(4). intervention, mentoring, or outreach pro- ing institutions of higher education located ‘‘(ii) Has qualified for a free lunch, or at gram that is in a partnership receiving an al- in another State, such agreement may also the State’s discretion a reduced price lunch, lotment under this section shall provide di- apply to grants awarded under this section. under the school lunch program established rect services, support, and information to ‘‘(2) EARLY NOTIFICATION.— under the Richard B. Russell National participating students. ‘‘(A) IN GENERAL.—Each State receiving an School Lunch Act. ‘‘(D) PHILANTHROPIC ORGANIZATION OR PRI- allotment under this section shall annually ‘‘(iii) Qualifies for the State’s maximum VATE CORPORATION.—A philanthropic organi- notify low-income students, such as students undergraduate award, as authorized under zation or private corporation that is in a who are eligible to receive a free lunch under section 415C(b). partnership receiving an allotment under the school lunch program established under ‘‘(iv) Is participating in, or has partici- this section shall provide funds for grants for the Richard B. Russell National School pated in, a Federal, State, institutional, or access and persistence for participating stu- Lunch Act, in grade 7 through grade 12 in the community early information and interven- dents, or provide funds or support for early State, of the students’ potential eligibility tion, mentoring, or outreach program, as information and intervention, mentoring, or for student financial assistance, including a recognized by the State agency admin- outreach programs. grant for access and persistence, to attend istering activities under this section. ‘‘(d) AUTHORIZED ACTIVITIES.— an institution of higher education. ‘‘(B) Is receiving, or has received, a grant ‘‘(1) IN GENERAL.— ‘‘(B) CONTENT OF NOTICE.—The notification for access and persistence under this section, ‘‘(A) ESTABLISHMENT OF PARTNERSHIP.— under subparagraph (A)— in accordance with paragraph (5). Each State receiving an allotment under this ‘‘(i) shall include— ‘‘(4) GRANT AWARD.—Once a student, in- section shall use the funds to establish a ‘‘(I) information about early information cluding those students who have received partnership to award grants for access and and intervention, mentoring, or outreach early notification under paragraph (2) from persistence to eligible low-income students programs available to the student; the State, applies for admission to an insti- in order to increase the amount of financial ‘‘(II) information that a student’s eligi- tution that is a partner in the partnership, assistance such students receive under this bility for a grant for access and persistence files a Free Application for Federal Student subpart for undergraduate education ex- is enhanced through participation in an Aid and any related existing State form, and penses. early information and intervention, men- is determined eligible by the State under ‘‘(B) AMOUNT OF GRANTS.— toring, or outreach program; paragraph (3), the State shall— ‘‘(i) PARTNERSHIPS WITH INSTITUTIONS SERV- ‘‘(III) an explanation that student and fam- ‘‘(A) issue the student a preliminary award ING LESS THAN A MAJORITY OF STUDENTS IN ily eligibility for, and participation in, other certificate for a grant for access and persist- THE STATE.— Federal means-tested programs may indicate ence with tentative award amounts; and ‘‘(I) IN GENERAL.—In the case where a State eligibility for a grant for access and persist- ‘‘(B) inform the student that payment of receiving an allotment under this section is ence and other student aid programs; the grant for access and persistence award in a partnership described in subsection ‘‘(IV) a nonbinding estimate of the total amounts is subject to certification of enroll- (b)(2)(A)(i), the amount of a grant for access amount of financial aid that a low-income ment and award eligibility by the institution and persistence awarded to a student by such student with a similar income level may ex- of higher education. State shall be not less than the amount that pect to receive, including an estimate of the ‘‘(5) DURATION OF AWARD.—An eligible stu- is equal to the average undergraduate tui- amount of a grant for access and persistence dent that receives a grant for access and per- tion and mandatory fees at 4-year public in- and an estimate of the amount of grants, sistence under this section shall receive such stitutions of higher education in the State loans, and all other available types of aid grant award for each year of such student’s where the student resides (less any amounts from the major Federal and State financial undergraduate education in which the stu- of other Federal or State sponsored grants, aid programs; dent remains eligible for assistance under work study, and scholarships received by the ‘‘(V) an explanation that in order to be eli- this title, including pursuant to section student), and such grant for access and per- gible for a grant for access and persistence, 484(c), and remains financially eligible as de- sistence shall be used toward the cost of at- at a minimum, a student shall— termined by the State, except that the State

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BYRD HONORS SCHOLAR- COSTS PROHIBITED.—A State that receives an (I) in the matter preceding clause (i), by in- SHIP PROGRAM. allotment under this section shall not use serting ‘‘to improve placement, persistence, (a) ELIGIBILITY OF SCHOLARS.—Section any of the allotted funds to pay administra- and retention in postsecondary education,’’ 419F(a) (20 U.S.C. 1070d–36(a)) is amended by tive costs associated with any of the author- after ‘‘services’’; and inserting ‘‘(or a home school, whether treat- ized activities described in subsection (d). (II) in clause (i), by striking ‘‘and career’’ ed as a home school or a private school under ‘‘(f) STATUTORY AND REGULATORY RELIEF and inserting ‘‘career, and economic edu- State law)’’ after ‘‘public or private sec- FOR INSTITUTIONS OF HIGHER EDUCATION.— cation or personal finance’’; ondary school’’. The Secretary may grant, upon the request (iii) in subparagraph (E), by striking ‘‘and’’ (b) AUTHORIZATION OF APPROPRIATIONS.— of an institution of higher education that is after the semicolon; Section 419K (20 U.S.C. 1070d–41) is amended in a partnership described in subsection (iv) by redesignating subparagraph (F) as by striking ‘‘$45,000,000 for fiscal year 1999’’ (b)(2)(A)(ii) and that receives an allotment subparagraph (G); and all that follows through the period and under this section, a waiver for such institu- (v) by inserting after subparagraph (E) the inserting ‘‘such sums as may be necessary tion from statutory or regulatory require- following: for fiscal year 2008 and each of the 5 suc- ceeding fiscal years.’’. ments that inhibit the ability of the institu- ‘‘(F) internships; and’’; and tion to successfully and efficiently partici- (vi) in subparagraph (G) (as redesignated SEC. 410. CHILD CARE ACCESS MEANS PARENTS IN SCHOOL. pate in the activities of the partnership. by clause (iv)), by striking ‘‘support serv- (a) MINIMUM GRANT.—Section 419N(b)(2)(B) ‘‘(g) APPLICABILITY RULE.—The provisions ices’’ and inserting ‘‘essential supportive (20 U.S.C. 1070e(b)(2)(B)) is amended— of this subpart which are not inconsistent services (such as transportation and child (1) by striking ‘‘A grant’’ and inserting the with this section shall apply to the program care)’’ ; and following: authorized by this section. (B) in paragraph (2)— ‘‘(i) IN GENERAL.—Except as provided in ‘‘(h) MAINTENANCE OF EFFORT REQUIRE- (i) in subparagraph (A), by striking ‘‘and’’ clause (ii), a grant’’; and MENT.—Each State receiving an allotment after the semicolon; (2) by adding at the end the following: under this section for a fiscal year shall pro- (ii) in subparagraph (B), by striking the pe- ‘‘(ii) INCREASE TRIGGER.—For any fiscal vide the Secretary with an assurance that riod at the end and inserting ‘‘, and coordi- year for which the amount appropriated the aggregate amount expended per student nating such services, assistance, and aid under the authority of subsection (g) is equal or the aggregate expenditures by the State, with other non-program services, assistance, to or greater than $20,000,000, a grant under from funds derived from non-Federal and aid, including services, assistance, and this section shall be awarded in an amount sources, for the authorized activities de- aid provided by community-based organiza- that is not less than $30,000.’’. scribed in subsection (d) for the preceding tions, which may include mentoring and fiscal year were not less than the amount ex- (b) DEFINITION OF LOW-INCOME STUDENT.— guidance; and’’; and Paragraph (7) of section 419N(b) (20 U.S.C. pended per student or the aggregate expendi- (iii) by adding at the end the following: ture by the State for the activities for the 1070e(b)) is amended to read as follows: ‘‘(C) for students attending 2-year institu- ‘‘(7) DEFINITION OF LOW-INCOME STUDENT.— second preceding fiscal year. tions of higher education, encouraging the ‘‘(i) SPECIAL RULE.—Notwithstanding sub- For the purpose of this section, the term students to transfer to 4-year institutions of ‘low-income student’ means a student who— section (h), for purposes of determining a higher education, where appropriate, and State’s share of the cost of the authorized ‘‘(A) is eligible to receive a Federal Pell monitoring the rate of transfer of such stu- Grant for the award year for which the deter- activities described in subsection (d), the dents.’’; State shall consider only those expenditures mination is made; or (3) in subsection (e), by striking ‘‘section ‘‘(B) would otherwise be eligible to receive from non-Federal sources that exceed the 402A(c)(1)’’ and inserting ‘‘section State’s total expenditures for need-based a Federal Pell Grant for the award year for 402A(c)(2)’’; which the determination is made, except grants, scholarships, and work-study assist- (4) in subsection (f)— ance for fiscal year 1999 (including any such that the student fails to meet the require- (A) in paragraph (1), by striking ‘‘$150,000’’ ments of— assistance provided under this subpart). and inserting ‘‘$180,000’’; and ‘‘(j) CONTINUATION AND TRANSITION.—For ‘‘(i) section 401(c)(1) because the student is (B) in paragraph (2), by striking ‘‘$150,000’’ the 2-year period that begins on the date of enrolled in a graduate or first professional and inserting ‘‘$180,000’’; enactment of the Higher Education Amend- course of study; or (5) by redesignating subsections (g) and (h) ments of 2007, the Secretary shall continue ‘‘(ii) section 484(a)(5) because the student is as subsections (h) and (i), respectively; to award grants under section 415E of the in the United States for a temporary pur- (6) by inserting after subsection (f) the fol- Higher Education Act of 1965 as such section pose.’’. lowing: existed on the day before the date of enact- (c) AUTHORIZATION OF APPROPRIATIONS.— ESERVATION OF FUNDS.—From the ment of such Act to States that choose to ‘‘(g) R Section 419N(g) (20 U.S.C. 1070e(g)) is amend- amounts made available under subsection (i), apply for grants under such predecessor sec- ed by striking ‘‘$45,000,000 for fiscal year the Secretary may reserve not more than a tion. 1999’’ and all that follows through the period total of 1⁄2 of 1 percent for outreach activi- ‘‘(k) REPORTS.—Not later than 3 years after and inserting ‘‘such sums as may be nec- the date of enactment of the Higher Edu- ties, technical assistance, and professional essary for fiscal year 2008 and each of the 5 cation Amendments of 2007 and annually development programs relating to the pro- succeeding fiscal years.’’. thereafter, the Secretary shall submit a re- grams under subsection (a).’’; SEC. 411. LEARNING ANYTIME ANYWHERE PART- port describing the activities and the impact (7) by striking subsection (h) (as redesig- NERSHIPS. of the partnerships under this section to the nated by paragraph (5)) and inserting the fol- Subpart 8 of part A of title IV (20 U.S.C. 1070f et seq.) is repealed. authorizing committees.’’. lowing: SEC. 408. SPECIAL PROGRAMS FOR STUDENTS ‘‘(h) DATA COLLECTION.—The Commissioner PART B—FEDERAL FAMILY EDUCATION WHOSE FAMILIES ARE ENGAGED IN for Education Statistics shall— LOAN PROGRAM MIGRANT AND SEASONAL FARM- ‘‘(1) annually collect data on persons re- SEC. 421. FEDERAL PAYMENTS TO REDUCE STU- WORK. ceiving services authorized under this sub- DENT INTEREST COSTS. Section 418A (20 U.S.C. 1070d–2) is amend- part regarding such persons’ rates of sec- Section 428 (as amended by this Act) (20 ed— ondary school graduation, entrance into U.S.C. 1078) is further amended— (1) in subsection (b)— postsecondary education, and completion of (1) in subsection (b)— (A) in paragraph (1)(B)(i), by striking ‘‘par- postsecondary education; (A) in paragraph (1)— ents’’ and inserting ‘‘immediate family’’; ‘‘(2) not less often than once every 2 years, (i) in subparagraph (X), by striking ‘‘and’’ (B) in paragraph (3)(B), by inserting ‘‘(in- prepare and submit a report based on the after the semicolon; cluding preparation for college entrance ex- most recently available data under para- (ii) in subparagraph (Y)— aminations)’’ after ‘‘college program’’; graph (1) to the authorizing committees; and (I) by striking clause (i) and inserting the (C) in paragraph (5), by striking ‘‘weekly’’; ‘‘(3) make such report available to the pub- following: (D) in paragraph (7), by striking ‘‘and’’ lic.’’; and ‘‘(i) the lender shall determine the eligi- after the semicolon; (8) in subsection (i) (as redesignated by bility of a borrower for a deferment de- (E) in paragraph (8)— paragraph (5))— scribed in subparagraph (M)(i) based on— (i) by inserting ‘‘(such as transportation (A) in paragraph (1), by striking ‘‘(I) receipt of a request for deferment from and child care)’’ after ‘‘services’’; and ‘‘$15,000,000 for fiscal year 1999’’ and all that the borrower and documentation of the bor- (ii) by striking the period at the end and follows through the period and inserting rower’s eligibility for the deferment; inserting ‘‘; and’’; and ‘‘such sums as may be necessary for fiscal ‘‘(II) receipt of a newly completed loan ap- (F) by adding at the end the following: year 2008 and each of the 5 succeeding fiscal plication that documents the borrower’s eli- ‘‘(9) other activities to improve persistence years.’’; and gibility for a deferment; and retention in postsecondary education.’’; (B) in paragraph (2), by striking ‘‘$5,000,000 ‘‘(III) receipt of student status information (2) in subsection (c)— for fiscal year 1999’’ and all that follows received by the lender that the borrower is (A) in paragraph (1)— through the period and inserting ‘‘such sums enrolled on at least a half-time basis; or

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00152 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10009 ‘‘(IV) the lender’s confirmation of the bor- (ii) in clause (ii), by striking the period and ‘‘(II) the borrower will no longer be eligible rower’s half-time enrollment status through inserting a semicolon; and for cancellation of part or all of a Federal use of the National Student Loan Data Sys- (iii) by inserting after clause (ii) the fol- Perkins loan under section 465(a); tem, if the confirmation is requested by the lowing: ‘‘(iv) the ability of the borrower to prepay institution of higher education.’’; and ‘‘(iii) the lender shall, at the time of grant- the consolidation loan, pay such loan on a (II) in clause (ii), by striking the period at ing a borrower forbearance, provide informa- shorter schedule, and to change repayment the end and inserting ‘‘; and’’; and tion to the borrower to enable the borrower plans; (iii) by adding at the end the following: to understand the impact of capitalization of ‘‘(v) that borrower benefit programs for a ‘‘(Z) provides that the lender shall, at the interest on the borrower’s loan principal and consolidation loan may vary among different time the lender grants a deferment to a bor- total amount of interest to be paid during lenders; rower who received a loan under section 428H the life of the loan; and ‘‘(vi) the consequences of default on the and is eligible for a deferment under section ‘‘(iv) the lender shall contact the borrower consolidation loan; and 428(b)(1)(M), provide information to the bor- not less often than once every 180 days dur- ‘‘(vii) that by applying for a consolidation rower to enable the borrower to understand ing the period of forbearance to inform the loan, the borrower is not obligated to agree the impact of capitalization of interest on borrower of— to take the consolidation loan; and’’. the borrower’s loan principal and total ‘‘(I) the amount of unpaid principal and the (b) CONFORMING AMENDMENT.—Section amount of interest to be paid during the life amount of interest that has accrued since 455(g) (20 U.S.C. 1087e(g)) is amended by of the loan.’’; the last statement of such amounts provided striking ‘‘428C(b)(1)(F)’’ and inserting (B) in paragraph (2)(F)— to the borrower by the lender; ‘‘428C(b)(1)(H)’’. (i) in clause (i)— ‘‘(II) the fact that interest will accrue on SEC. 423. DEFAULT REDUCTION PROGRAM. (I) in subclause (III), by striking ‘‘and’’ the loan for the period of forbearance; Section 428F (20 U.S.C. 1078–6) is amended— after the semicolon; ‘‘(III) the amount of interest that will be (1) in subsection (a)— (II) in subclause (IV), by striking ‘‘and’’ capitalized, and the date on which capital- (A) in paragraph (1)(A), by adding at the after the semicolon; and ization will occur; end the following: ‘‘Upon the sale of the loan (III) by adding at the end the following: ‘‘(IV) the ability of the borrower to pay the to an eligible lender, the guaranty agency, ‘‘(V) the effective date of the transfer; interest that has accrued before the interest and any prior holder of the loan, shall re- ‘‘(VI) the date the current servicer will is capitalized; and quest any consumer reporting agency to stop accepting payments; and ‘‘(V) the borrower’s option to discontinue which the guaranty agency or holder, as ap- ‘‘(VII) the date at which the new servicer the forbearance at any time.’’. plicable, reported the default of the loan, to will begin accepting payments.’’; and remove the record of default from the bor- (C) by striking paragraph (3) and inserting SEC. 422. FEDERAL CONSOLIDATION LOANS. rower’s credit history.’’; and the following: (B) by adding at the end the following: (a) AMENDMENTS.—Section 428C(b)(1) (20 ‘‘(3) RESTRICTIONS ON INDUCEMENTS, PAY- ‘‘(5) LIMITATION.—A borrower may obtain U.S.C. 1078–3(b)(1)) is amended— MENTS, MAILINGS, AND ADVERTISING.—A guar- the benefits available under this subsection (1) in subparagraph (E), by striking ‘‘and’’ anty agency shall not— with respect to rehabilitating a loan only after the semicolon; ‘‘(A) offer, directly or indirectly, pre- one time per loan.’’; and (2) by redesignating subparagraph (F) as miums, payments, stock or other securities, (2) by adding at the end the following: subparagraph (H); and prizes, travel, entertainment expenses, tui- ‘‘(c) FINANCIAL AND ECONOMIC LITERACY.— tion repayment, or other inducements to— (3) by inserting after subparagraph (E) the Where appropriate as determined by the in- ‘‘(i) any institution of higher education or following: stitution of higher education in which a bor- the employees of an institution of higher ‘‘(F) that the lender will disclose, in a clear rower is enrolled, each program described in education in order to secure applicants for and conspicuous manner, to borrowers who subsection (b) shall include making available loans made under this part; or consolidate loans made under part E of this financial and economic education materials ‘‘(ii) any lender, or any agent, employee, or title— for the borrower, including making the ma- independent contractor of any lender or ‘‘(i) that once the borrower adds the bor- terials available before, during, or after re- guaranty agency, in order to administer or rower’s Federal Perkins Loan to a Federal habilitation of a loan.’’. market loans made under this part (other Consolidation Loan, the borrower will lose SEC. 424. REPORTS TO CONSUMER REPORTING than a loan made under section 428H or a all interest-free periods that would have AGENCIES AND INSTITUTIONS OF loan made as part of the guaranty agency’s been available, such as those periods when HIGHER EDUCATION. lender-of-last-resort program pursuant to no interest accrues on the Federal Perkins Section 430A (20 U.S.C. 1080a) is amended— section 439(q)) for the purpose of securing the Loan while the borrower is enrolled in school (1) in the section heading, by striking designation of the guaranty agency as the at least half-time, during the grace period, ‘‘CREDIT BUREAUS’’ and inserting ‘‘CON- insurer of such loans; and during periods when the borrower’s stu- SUMER REPORTING AGENCIES’’; and ‘‘(B) conduct unsolicited mailings, by post- dent loan repayments are deferred; (2) in subsection (a)— al or electronic means, of educational loan ‘‘(ii) that the borrower will no longer be el- (A) in the first sentence, by striking ‘‘with application forms to students enrolled in igible for loan cancellation of Federal Per- credit bureau organizations’’ and inserting secondary school or postsecondary edu- kins Loans under any provision of section ‘‘with each consumer reporting agency that cational institutions, or to the parents of 465; and compiles and maintains files on consumers such students, except that applications may ‘‘(iii) the occupations described in section on a nationwide basis (as defined in section be mailed, by postal or electronic means, to 465(a)(2), individually and in detail, for which 603(p) of the Fair Credit Reporting Act (15 students or borrowers who have previously the borrower will lose eligibility for Federal U.S.C. 1681a(p))’’; received loans guaranteed under this part by Perkins Loan cancellation; and (B) by redesignating paragraphs (1), (2), the guaranty agency; ‘‘(G) that the lender shall, upon applica- and (3) as paragraphs (2), (4), and (5), respec- ‘‘(C) perform, for an institution of higher tion for a consolidation loan, provide the tively; education participating in a program under borrower with information about the pos- (C) by inserting before paragraph (2) (as re- this title, any function that the institution sible impact of loan consolidation, includ- designated by subparagraph (B)), the fol- is required to perform under part B, D, or G; ing— lowing: ‘‘(D) pay, on behalf of the institution of ‘‘(i) the total interest to be paid and fees to ‘‘(1) the type of loan made, insured, or higher education, another person to perform be paid on the consolidation loan, and the guaranteed under this title;’’; any function that the institution of higher length of repayment for the loan; (D) by inserting after paragraph (2) (as re- education is required to perform under part ‘‘(ii) whether consolidation would result in designated by subparagraph (B)), the fol- B, D, or G; or a loss of loan benefits under this part or part lowing: ‘‘(E) conduct fraudulent or misleading ad- D, including loan forgiveness, cancellation, ‘‘(3) information concerning the repayment vertising concerning loan availability, and deferment; status of the loan, which information shall terms, or conditions. ‘‘(iii) in the case of a borrower that plans be included in the file of the borrower, ex- It shall not be a violation of this paragraph to include a Federal Perkins Loan under part cept that nothing in this subsection shall be for a guaranty agency to provide technical E in the consolidation loan, that once the construed to affect any otherwise applicable assistance to institutions of higher edu- borrower adds the borrower’s Federal Per- provision of the Fair Credit Reporting Act cation comparable to the technical assist- kins Loan to a consolidation loan— (15 U.S.C. 1681 et seq.)’’; ance provided to institutions of higher edu- ‘‘(I) the borrower will lose all interest–free (E) in paragraph (4) (as redesignated by cation by the Department.’’; and periods that would have been available for subparagraph (B)), by striking ‘‘and’’ after (2) in subsection (c)— such loan under part E, such as the periods the semicolon; (A) in paragraph (2)(H)(i), by striking during which no interest accrues on the Fed- (F) in paragraph (5) (as redesignated by ‘‘preclaims’’ and inserting ‘‘default aver- eral Perkins Loan while the borrower is en- subparagraph (B)), by striking the period and sion’’; and rolled in school at least half-time, the grace inserting ‘‘; and’’; and (B) in paragraph (3)(D)— period, and the periods during which the bor- (G) by adding at the end the following: (i) in clause (i), by striking ‘‘and’’ after the rower’s student loan repayments are deferred ‘‘(6) any other information required to be comma at the end; under section 464(c)(2); and reported by Federal law.’’.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00153 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10010 CONGRESSIONAL RECORD — SENATE July 25, 2007 SEC. 425. COMMON FORMS AND FORMATS. (A) by redesignating subparagraphs (C) and 2012, except that, beginning on June 30, 2011, Section 432(m)(1)(D)(i) (20 U.S.C. (D) as subparagraphs (H) and (I), respec- the eligible institution or trustee may, not- 1082(m)(1)(D)(i)) is amended by adding at the tively; and withstanding any other provision of this Act, end the following: ‘‘Unless otherwise notified (B) by striking subparagraphs (A) and (B) sell or otherwise dispose of such loans if all by the Secretary, each institution of higher and inserting the following: profits from the divestiture are used for education that participates in the program ‘‘(A) offered, directly or indirectly, points, need-based grant programs at the institu- under this part or part D may use a master premiums, payments (including payments tion. promissory note for loans under this part for referrals and for processing or finder ‘‘(C) AUDIT REQUIREMENT.—All institutions and part D.’’. fees), prizes, stock or other securities, travel, serving as an eligible lender under sub- SEC. 426. STUDENT LOAN INFORMATION BY ELI- entertainment expenses, tuition repayment, section (d)(1)(E) and all eligible lenders serv- GIBLE LENDERS. the provision of information technology ing as a trustee for an institution of higher Section 433 (20 U.S.C. 1083) is amended by equipment at below-market value, additional education or an organization affiliated with adding at the end the following: financial aid funds, or other inducements to an institution of higher education shall an- ‘‘(f) BORROWER INFORMATION AND PRI- any institution of higher education or any nually complete and submit to the Secretary VACY.—Each entity participating in a pro- employee of an institution of higher edu- a compliance audit to determine whether— gram under this part that is subject to sub- cation in order to secure applicants for loans ‘‘(i) the institution or lender is using all title A of title V of the Gramm-Leach-Bliley under this part; proceeds from special allowance payments Act (15 U.S.C. 6801 et seq.) shall only use, re- ‘‘(B) conducted unsolicited mailings, by and interest payments from borrowers, inter- lease, disclose, sell, transfer, or give student postal or electronic means, of student loan est subsidies received from the Department, information, including the name, address, so- application forms to students enrolled in and any proceeds from the sale or other dis- cial security number, or amount borrowed by secondary school or postsecondary institu- position of loans, for need-based aid pro- a borrower or a borrower’s parent, in accord- tions, or to parents of such students, except grams, in accordance with section ance with the provisions of such subtitle. that applications may be mailed, by postal 435(d)(2)(A)(viii); ‘‘(g) LOAN BENEFIT DISCLOSURES.— or electronic means, to students or bor- ‘‘(ii) the institution or lender is using no ‘‘(1) IN GENERAL.—Each eligible lender, rowers who have previously received loans more than a reasonable portion of the pro- holder, or servicer of a loan made, insured, under this part from such lender; ceeds described in section 435(d)(2)(A)(viii) or guaranteed under this part shall provide ‘‘(C) entered into any type of consulting for direct administrative expenses; and the borrower with information on the loan arrangement, or other contract to provide ‘‘(iii) the institution or lender is ensuring benefit repayment options the lender, holder, services to a lender, with an employee who is that the proceeds described in section or servicer offer, including information on employed in the financial aid office of an in- 435(d)(2)(A)(viii) are being used to supple- reductions in interest rates— stitution of higher education, or who other- ment, and not to supplant, non-Federal funds ‘‘(A) by repaying the loan by automatic wise has responsibilities with respect to stu- that would otherwise be used for need-based payroll or checking account deduction; dent loans or other financial aid of the insti- grant programs.’’. ‘‘(B) by completing a program of on-time tution; SEC. 429. DISCHARGE AND CANCELLATION repayment; and ‘‘(D) compensated an employee who is em- RIGHTS IN CASES OF DISABILITY. ‘‘(C) under any other interest rate reduc- ployed in the financial aid office of an insti- (a) FFEL AND DIRECT LOANS.—Section tion program. tution of higher education, or who otherwise 437(a) (20 U.S.C. 1087) is amended— (1) by inserting ‘‘, or if a student borrower ‘‘(2) INFORMATION.—Such borrower infor- has responsibilities with respect to edu- mation shall include— cational loans or other financial aid of the who has received such a loan is unable to en- ‘‘(A) any limitations on such options; institution, and who is serving on an advi- gage in any substantial gainful activity by ‘‘(B) explicit information on the reasons a sory board, commission, or group established reason of any medically determinable phys- ical or mental impairment that can be ex- borrower may lose eligibility for such an op- by a lender or group of lenders for providing pected to result in death, has lasted for a tion; such service, except that the eligible lender continuous period of not less than 60 months, ‘‘(C) examples of the impact the interest may reimburse such employee for reasonable or can be expected to last for a continuous rate reductions will have on a borrower’s expenses incurred in providing such service; period of not less than 60 months’’ after ‘‘of time for repayment and amount of repay- ‘‘(E) performed for an institution of higher education any function that the institution the Secretary),’’; and ment; of higher education is required to carry out (2) by adding at the end the following: ‘‘(D) upon the request of the borrower, the under part B, D, or G; ‘‘The Secretary may develop such safeguards effect the reductions in interest rates will ‘‘(F) paid, on behalf of an institution of as the Secretary determines necessary to have with respect to the borrower’s payoff higher education, another person to perform prevent fraud and abuse in the discharge of amount and time for repayment; and any function that the institution of higher liability under this subsection. Notwith- ‘‘(E) information on borrower recertifi- education is required to perform under part standing any other provision of this sub- cation requirements.’’. B, D, or G; section, the Secretary may promulgate regu- SEC. 427. CONSUMER EDUCATION INFORMATION. ‘‘(G) provided payments or other benefits lations to resume collection on loans dis- Part B (20 U.S.C. 1071 et seq.) is amended to a student at an institution of higher edu- charged under this subsection in any case in by inserting after section 433 (20 U.S.C. 1083) cation to act as the lender’s representative which— the following: to secure applications under this title from ‘‘(1) a borrower received a discharge of li- ‘‘SEC. 433A. CONSUMER EDUCATION INFORMA- individual prospective borrowers, unless such ability under this subsection and after the TION. student— discharge the borrower— ‘‘Each guaranty agency participating in a ‘‘(i) is also employed by the lender for ‘‘(A) receives a loan made, insured or guar- program under this part, working with the other purposes; and anteed under this title; or institutions of higher education served by ‘‘(ii) made all appropriate disclosures re- ‘‘(B) has earned income in excess of the such guaranty agency (or in the case of an garding such employment;’’; and poverty line; or institution of higher education that provides (2) by adding at the end the following: ‘‘(2) the Secretary determines necessary.’’. loans exclusively through part D, the insti- ‘‘(8) SUNSET OF AUTHORITY FOR SCHOOL AS (b) PERKINS.—Section 464(c) (20 U.S.C. tution working with a guaranty agency or LENDER PROGRAM.— 1087dd(c)) is amended— with the Secretary), shall develop and make ‘‘(A) SUNSET.—The authority provided (1) in paragraph (1)(F)— available a high-quality educational pro- under subsection (d)(1)(E) for an institution (A) by striking ‘‘or if he’’ and inserting ‘‘if gram and materials to provide training for to serve as an eligible lender, and under the borrower’’; and students in budgeting and financial manage- paragraph (7) for an eligible lender to serve (B) by inserting ‘‘, or if the borrower is un- ment, including debt management and other as a trustee for an institution of higher edu- able to engage in any substantial gainful ac- aspects of financial literacy, such as the cost cation or an organization affiliated with an tivity by reason of any medically deter- of using very high interest loans to pay for institution of higher education, shall expire minable physical or mental impairment that postsecondary education, particularly as on June 30, 2012. can be expected to result in death, has lasted budgeting and financial management relates ‘‘(B) APPLICATION TO EXISTING INSTITU- for a continuous period of not less than 60 to student loan programs authorized by this TIONAL LENDERS.—An institution that was an months, or can be expected to last for a con- title. Nothing in this section shall be con- eligible lender under this subsection, or an tinuous period of not less than 60 months’’ strued to prohibit a guaranty agency from eligible lender that served as a trustee for an after ‘‘the Secretary’’; and using an existing program or existing mate- institution of higher education or an organi- (2) by adding at the end the following: rials to meet the requirement of this section. zation affiliated with an institution of high- ‘‘(8) The Secretary may develop such addi- The activities described in this section shall er education under paragraph (7), before tional safeguards as the Secretary deter- be considered default reduction activities for June 30, 2012, shall— mines necessary to prevent fraud and abuse the purposes of section 422.’’. ‘‘(i) not issue any new loans in such a ca- in the cancellation of liability under para- SEC. 428. DEFINITION OF ELIGIBLE LENDER. pacity under part B after June 30, 2012; and graph (1)(F). Notwithstanding paragraph Section 435(d) (20 U.S.C. 1085(d)) is amend- ‘‘(ii) continue to carry out the institution’s (1)(F), the Secretary may promulgate regula- ed— responsibilities for any loans issued by the tions to resume collection on loans cancelled (1) in paragraph (5)— institution under part B on or before June 30, under paragraph (1)(F) in any case in which—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00154 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10011 ‘‘(A) a borrower received a cancellation of (vi) in subparagraph (F) (as redesignated ‘‘(B) recording the terms in the borrower’s liability under paragraph (1)(F) and after the by clause (iii)), by striking ‘‘work service file.’’; and cancellation the borrower— learning’’ and inserting ‘‘work-learning-serv- (2) in subsection (j), by striking ‘‘(e)(3)’’ ‘‘(i) receives a loan made, insured or guar- ice’’; and inserting ‘‘(e)(1)(C)’’. anteed under this title; or (3) in subsection (c), by striking ‘‘by sub- SEC. 452. CANCELLATION OF LOANS FOR CER- ‘‘(ii) has earned income in excess of the section (f) to use funds under subsection TAIN PUBLIC SERVICE. poverty line; or (b)(1)’’ and inserting ‘‘for this section under Section 465(a) (20 U.S.C. 1087ee(a)) is ‘‘(B) the Secretary determines necessary.’’. section 441(b) or to use funds under sub- amended— (c) EFFECTIVE DATE.—The amendments section (b)(1),’’; (1) in paragraph (2)— made by subsections (a) and (b) shall take ef- (4) in subsection (e)— (A) in subparagraph (B), by striking ‘‘Head fect on July 1, 2008. (A) in paragraph (1)— Start Act which’’ and inserting ‘‘Head Start PART C—FEDERAL WORK-STUDY (i) in subparagraph (A), by inserting ‘‘4- Act, or in a prekindergarten or child care PROGRAMS year, degree-granting’’ after ‘‘nonprofit’’; program that is licensed or regulated by the (ii) in subparagraph (B), by striking ‘‘work- SEC. 441. AUTHORIZATION OF APPROPRIATIONS. State, that’’; learning’’ and inserting ‘‘work-learning-serv- Section 441(b) (42 U.S.C. 2751(b)) is amended (B) in subparagraph (H), by striking ‘‘or’’ ice’’; by striking ‘‘$1,000,000,000 for fiscal year after the semicolon; (iii) by striking subparagraph (C) and in- 1999’’ and all that follows through the period (C) in subparagraph (I), by striking the pe- serting the following: and inserting ‘‘such sums as may be nec- riod and inserting a semicolon; and ‘‘(C) requires all resident students, includ- essary for fiscal year 2008 and each of the 5 (D) by inserting before the matter fol- ing at least 1⁄2 of all resident students who succeeding fiscal years.’’. lowing subparagraph (I) (as amended by sub- are enrolled on a full-time basis, to partici- paragraph (C)) the following: SEC. 442. ALLOWANCE FOR BOOKS AND SUP- pate in a comprehensive work-learning-serv- PLIES. ‘‘(J) as a full-time faculty member at a ice program for not less than 5 hours each Section 442(c)(4)(D) (42 U.S.C. 2752(c)(4)(D)) Tribal College or University, as that term is week, or not less than 80 hours during each is amended by striking ‘‘$450’’ and inserting defined in section 316; period of enrollment except summer school, ‘‘$600’’. ‘‘(K) as a librarian, if the librarian has a unless the student is engaged in a study master’s degree in library science and is em- SEC. 443. GRANTS FOR FEDERAL WORK-STUDY abroad or externship program that is orga- PROGRAMS. ployed in— nized or approved by the institution; and’’; Section 443(b)(2) (42 U.S.C. 2753(b)(2)) is ‘‘(i) an elementary school or secondary and amended— (iv) in subparagraph (D), by striking school that is eligible for assistance under (1) by striking subparagraph (A); ‘‘work-learning’’ and inserting ‘‘work-learn- title I of the Elementary and Secondary Edu- (2) by redesignating subparagraphs (B) and ing-service’’; and cation Act of 1965; or (C) as subparagraphs (A) and (B), respec- (B) by striking paragraph (2) and inserting ‘‘(ii) a public library that serves a geo- tively; and the following: graphic area that contains 1 or more schools (3) in subparagraph (A) (as redesignated by ‘‘(2) the term ‘comprehensive work-learn- eligible for assistance under title I of the El- paragraph (2)), by striking ‘‘this subpara- ing-service program’ means a student work- ementary and Secondary Education Act of graph if’’ and all that follows through ‘‘insti- learning-service program that— 1965; or tution;’’ and inserting ‘‘this subparagraph ‘‘(A) is an integral and stated part of the ‘‘(L) as a full-time speech language thera- if— institution’s educational philosophy and pro- pist, if the therapist has a master’s degree ‘‘(i) the Secretary determines that enforc- gram; and is working exclusively with schools that ing this subparagraph would cause hardship ‘‘(B) requires participation of all resident are eligible for assistance under title I of the for students at the institution; or students for enrollment and graduation; Elementary and Secondary Education Act of ‘‘(ii) the institution certifies to the Sec- ‘‘(C) includes learning objectives, evalua- 1965.’’; and retary that 15 percent or more of its total tion, and a record of work performance as (2) in paragraph (3)(A)— full-time enrollment participates in commu- part of the student’s college record; (A) in clause (i)— nity service activities described in section ‘‘(D) provides programmatic leadership by (i) by inserting ‘‘(D),’’ after ‘‘(C),’’; and 441(c) or tutoring and literacy activities de- college personnel at levels comparable to (ii) by striking ‘‘or (I)’’ and inserting ‘‘(I), scribed in subsection (d) of this section;’’. traditional academic programs; (J), (K), or (L)’’; SEC. 444. JOB LOCATION AND DEVELOPMENT ‘‘(E) recognizes the educational role of (B) in clause (ii), by inserting ‘‘or’’ after PROGRAMS. work-learning-service supervisors; and the semicolon; Section 446(a)(1) (42 U.S.C. 2756(a)(1)) is ‘‘(F) includes consequences for non- (C) by striking clause (iii); and amended by striking ‘‘$50,000’’ and inserting performance or failure in the work-learning- (D) by redesignating clause (iv) as clause ‘‘$75,000’’. service program similar to the consequences (iii). SEC. 445. WORK COLLEGES. for failure in the regular academic pro- PART E—NEED ANALYSIS Section 448 (42 U.S.C. 2756b) is amended— gram.’’; and SEC. 461. COST OF ATTENDANCE. (1) in subsection (a), by striking ‘‘work- (5) by striking subsection (f). (a) AMENDMENTS.—Section 472(3) (20 U.S.C. learning’’ and inserting ‘‘work-learning-serv- PART D—FEDERAL PERKINS LOANS ice’’; 1087kk(3)) is amended— SEC. 451. PROGRAM AUTHORITY. (1) in subparagraph (B), by striking ‘‘and’’ (2) in subsection (b)— Section 461(b)(1) (20 U.S.C. 1087aa(b)(1)) is (A) in paragraph (1), by striking ‘‘under after the semicolon; amended by striking ‘‘$250,000,000 for fiscal (2) by redesignating subparagraph (C) as subsection (f)’’ and inserting ‘‘for this sec- year 1999’’ and all that follows through the tion under section 441(b)’’; and subparagraph (D); and period and inserting ‘‘such sums as may be (3) by inserting after subparagraph (B), as (B) in paragraph (2)— necessary for each of the fiscal years 2008 (i) in the matter preceding subparagraph amended by paragraph (1), the following: through 2012.’’. ‘‘(C) for students who live in housing lo- (A), by striking ‘‘pursuant to subsection (f)’’ SEC. 451A. ALLOWANCE FOR BOOKS AND SUP- and inserting ‘‘for this section under section cated on a military base or for which a basic PLIES. allowance is provided under section 403(b) of 441(b)’’; Section 462(c)(4)(D) (20 U.S.C. title 37, United States Code, shall be an al- (ii) in subparagraph (A), by striking 1087bb(c)(4)(D)) is amended by striking ‘‘$450’’ lowance based on the expenses reasonably in- ‘‘work-learning program’’ and inserting and inserting ‘‘$600’’. ‘‘comprehensive work-learning-service pro- curred by such students for board but not for SEC. 451B. PERKINS LOAN FORBEARANCE. room; and’’. gram’’; Section 464 (20 U.S.C. 1087dd) is amended— (b) EFFECTIVE DATE.—The amendments (iii) by redesignating subparagraphs (C) (1) in subsection (e)— made by subsection (a) shall take effect on through (F) as subparagraphs (D) through (A) in the matter preceding paragraph (1), July 1, 2008. (G), respectively; by striking ‘‘, upon written request,’’ and in- (iv) by inserting after subparagraph (B) the serting ‘‘, as documented in accordance with SEC. 462. DEFINITIONS. following: paragraph (2),’’; (a) AMENDMENT.—Section 480(b)(6) (20 ‘‘(C) support existing and new model stu- (B) by redesignating paragraphs (1) U.S.C. 1087vv(b)(6)) is amended by inserting dent volunteer community service projects through (3) as subparagraphs (A) through (C), ‘‘, except that the value of on-base military associated with local institutions of higher respectively; housing or the value of basic allowance for education, such as operating drop-in re- (C) by inserting ‘‘(1)’’ after ‘‘FORBEAR- housing determined under section 403(b) of source centers that are staffed by students ANCE.—’’; and title 37, United States Code, received by the and that link people in need with the re- (D) by adding at the end the following: parents, in the case of a dependent student, sources and opportunities necessary to be- ‘‘(2) For the purpose of paragraph (1), the or the student or student’s spouse, in the come self-sufficient; and’’; terms of forbearance agreed to by the parties case of an independent student, shall be ex- (v) in subparagraph (E) (as redesignated by shall be documented by— cluded’’ before the semicolon. clause (iii)), by striking ‘‘work-learning’’ ‘‘(A) confirming the agreement of the bor- (b) EFFECTIVE DATE.—The amendment each place the term occurs and inserting rower by notice to the borrower from the in- made by subsection (a) shall take effect on ‘‘work-learning-service’’; and stitution of higher education; and July 1, 2008.

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PART F—GENERAL PROVISIONS ‘‘(iii) REQUIRED STATE DATA ELEMENTS.— tractor or designee of the Secretary, except RELATING TO STUDENT ASSISTANCE The Secretary shall include on the EZ as may be permitted under this title. SEC. 471. DEFINITIONS. FAFSA such data items as may be necessary ‘‘(G) PRIVACY.—The Secretary shall ensure Section 481(a)(2)(B) (20 U.S.C. 1088(a)(2)(B)) to award State financial assistance, as pro- that data collection under this paragraph is amended by inserting ‘‘and that measures vided under paragraph (5), except the Sec- complies with section 552a of title 5, United program length in credit hours or clock retary shall not include a State’s data if that States Code, and that any entity using an hours’’ after ‘‘baccalaureate degree’’. State does not permit its applicants for electronic version of a form developed by the SEC. 472. COMPLIANCE CALENDAR. State assistance to use the EZ FAFSA. Secretary under this paragraph shall main- Section 482 (20 U.S.C. 1089) is amended by ‘‘(iv) FREE AVAILABILITY AND DATA DIS- tain reasonable and appropriate administra- adding at the end the following: TRIBUTION.—The provisions of paragraphs (6) tive, technical, and physical safeguards to ‘‘(e) COMPLIANCE CALENDAR.—Prior to the and (10) shall apply to the EZ FAFSA. ensure the integrity and confidentiality of beginning of each award year, the Secretary ‘‘(C) PHASE-OUT OF FULL PAPER FAFSA.— the information, and to protect against secu- shall provide to institutions of higher edu- ‘‘(i) PHASE-OUT OF PRINTING OF FULL PAPER rity threats, or unauthorized uses or disclo- cation a list of all the reports and disclo- FAFSA.—At such time as the Secretary deter- sures of the information provided on the sures required under this Act. The list shall mines that it is not cost-effective to print electronic version of the form. include— the full paper version of FAFSA, the Sec- ‘‘(H) SIGNATURE.—Notwithstanding any ‘‘(1) the date each report or disclosure is retary shall— other provision of this Act, the Secretary may permit an electronic version of a form required to be completed and to be sub- ‘‘(I) phase out the printing of the full paper developed under this paragraph to be sub- mitted, made available, or disseminated; version of FAFSA; mitted without a signature, if a signature is ‘‘(2) the required recipients of each report ‘‘(II) maintain on the Internet easily acces- subsequently submitted by the applicant or or disclosure; sible, downloadable formats of the full paper if the applicant uses a personal identifica- ‘‘(3) any required method for transmittal version of FAFSA; and tion number provided by the Secretary under or dissemination of each report or disclosure; ‘‘(III) provide a printed copy of the full subparagraph (I). ‘‘(4) a description of the content of each re- paper version of FAFSA upon request. ‘‘(I) PERSONAL IDENTIFICATION NUMBERS AU- port or disclosure sufficient to allow the in- ‘‘(ii) USE OF SAVINGS.—The Secretary shall THORIZED.—The Secretary is authorized to stitution to identify the appropriate individ- utilize any savings realized by phasing out assign to an applicant a personal identifica- uals to be assigned the responsibility for the printing of the full paper version of tion number— such report or disclosure; FAFSA and moving applicants to the elec- ‘‘(i) to enable the applicant to use such ‘‘(5) references to the statutory authority, tronic versions of FAFSA, to improve access number as a signature for purposes of com- applicable regulations, and current guidance to the electronic versions for applicants pleting an electronic version of a form devel- issued by the Secretary regarding each re- meeting the requirements of section 479(c). oped under this paragraph; and port or disclosure; and ‘‘(3) ELECTRONIC VERSIONS.— ‘‘(ii) for any purpose determined by the ‘‘(6) any other information which is perti- ‘‘(A) IN GENERAL.—The Secretary shall Secretary to enable the Secretary to carry nent to the content or distribution of the re- produce, make available through a broadly out this title. port or disclosure.’’. available website, and process electronic ‘‘(J) PERSONAL IDENTIFICATION NUMBER IM- SEC. 473. FORMS AND REGULATIONS. versions of the FAFSA and the EZ FAFSA. PROVEMENT.—Not later than 180 days after Section 483 (20 U.S.C. 1090) is amended— ‘‘(B) MINIMUM QUESTIONS.—The Secretary the date of enactment of the Higher Edu- (1) by striking subsections (a) and (b) and shall use all available technology to ensure cation Amendments of 2007, the Secretary inserting the following: that a student using an electronic version of shall implement a real-time data match be- ‘‘(a) COMMON FINANCIAL AID FORM DEVEL- the FAFSA under this paragraph answers tween the Social Security Administration OPMENT AND PROCESSING.— only the minimum number of questions nec- and the Department to minimize the time re- ‘‘(1) IN GENERAL.— essary. quired for an applicant to obtain a personal ‘‘(A) COMMON FORMS.—The Secretary, in ‘‘(C) REDUCED REQUIREMENTS.—The Sec- identification number when applying for aid cooperation with representatives of agencies retary shall enable applicants who meet the under this title through an electronic and organizations involved in student finan- requirements of subsection (b) or (c) of sec- version of a form developed under this para- cial assistance, shall produce, distribute, and tion 479 to provide information on the elec- graph. process free of charge common financial re- tronic version of the FAFSA only for the ‘‘(4) STREAMLINED REAPPLICATION PROC- porting forms as described in this subsection data elements required to determine student ESS.— to be used to determine the need and eligi- eligibility and whether the applicant meets ‘‘(A) IN GENERAL.—The Secretary shall de- bility of a student for financial assistance the requirements of subsection (b) or (c) of velop streamlined paper and electronic re- under parts A through E of this title (other section 479. application forms and processes for an appli- than under subpart 4 of part A). The forms ‘‘(D) STATE DATA.—The Secretary shall in- cant who applies for financial assistance shall be made available to applicants in both clude on the electronic version of the FAFSA under this title in the next succeeding aca- paper and electronic formats. the questions needed to determine whether demic year subsequent to an academic year ‘‘(B) FAFSA.—The common financial re- the applicant is eligible for State financial for which such applicant applied for finan- porting forms described in this subsection assistance, as provided under paragraph (5), cial assistance under this title. (excluding the form described in paragraph except that the Secretary shall not— ‘‘(B) UPDATING OF DATA ELEMENTS.—The (2)(B)), shall be referred to collectively as ‘‘(i) require applicants to complete data re- Secretary shall determine, in cooperation the ‘Free Application for Federal Student quired by any State other than the appli- with States, institutions of higher edu- Aid’, or ‘FAFSA’. cant’s State of residence; and cation, agencies, and organizations involved ‘‘(2) PAPER FORMAT.— ‘‘(ii) include a State’s data if such State in student financial assistance, the data ele- ‘‘(A) IN GENERAL.—The Secretary shall en- does not permit its applicants for State as- ments that may be transferred from the pre- courage applicants to file the electronic sistance to use the electronic version of the vious academic year’s application and those versions of the forms described in paragraph FAFSA described in this paragraph. data elements that shall be updated. (3), but shall develop, make available, and ‘‘(E) FREE AVAILABILITY AND DATA DIS- ‘‘(C) REDUCED DATA AUTHORIZED.—Nothing process— TRIBUTION.—The provisions of paragraphs (6) in this title shall be construed as limiting ‘‘(i) a paper version of EZ FAFSA, as de- and (10) shall apply to the electronic version the authority of the Secretary to reduce the scribed in subparagraph (B); and of the FAFSA. number of data elements required of re- ‘‘(ii) a paper version of the other forms de- ‘‘(F) USE OF FORMS.—Nothing in this sub- applicants. scribed in this subsection, in accordance section shall be construed to prohibit the use ‘‘(D) ZERO FAMILY CONTRIBUTION.—Appli- with subparagraph (C), for any applicant who of the electronic versions of the forms devel- cants determined to have a zero family con- does not meet the requirements of or does oped by the Secretary pursuant to this para- tribution pursuant to section 479(c) shall not not wish to use the process described in sub- graph by an eligible institution, eligible be required to provide any financial data in paragraph (B). lender, a guaranty agency, a State grant a reapplication form, except data that are ‘‘(B) EZ FAFSA.— agency, a private computer software pro- necessary to determine eligibility under ‘‘(i) IN GENERAL.—The Secretary shall de- vider, a consortium of such entities, or such such section. velop and use, after appropriate field testing, other entity as the Secretary may designate. ‘‘(5) STATE REQUIREMENTS.— a simplified paper application form for appli- Data collected by the electronic versions of ‘‘(A) IN GENERAL.—Except as provided in cants meeting the requirements of section such forms shall be used only for the applica- paragraphs (2)(B)(iii), (3)(D), and (4)(B), the 479(c), which form shall be referred to as the tion, award, and administration of aid Secretary shall include on the forms devel- ‘EZ FAFSA’. awarded under this title, State aid, or aid oped under this subsection, such State-spe- ‘‘(ii) REQUIRED FEDERAL DATA ELEMENTS.— awarded by eligible institutions or such enti- cific data items as the Secretary determines The Secretary shall include on the EZ ties as the Secretary may designate. No data are necessary to meet State requirements for FAFSA only the data elements required to collected by such electronic versions of the need-based State aid. Such items shall be se- determine student eligibility and whether forms shall be used for making final aid lected in consultation with State agencies in the applicant meets the requirements of sec- awards under this title until such data have order to assist in the awarding of State fi- tion 479(c). been processed by the Secretary or a con- nancial assistance in accordance with the

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00156 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10013 terms of this subsection. The number of such this subsection in the years prior to enroll- ative or preparation services for the comple- data items shall not be less than the number ment in order to obtain from the Secretary tion of a form developed under subsection included on the common financial reporting a nonbinding estimate of the applicant’s ex- (a), the preparer shall include the name, sig- form for the 2005–2006 award year unless a pected family contribution, computed in ac- nature, address or employer’s address, social State notifies the Secretary that the State cordance with part F. Such applicant shall security number or employer identification no longer requires those data items for the be permitted to update information sub- number, and organizational affiliation of the distribution of State need-based aid. mitted on a form described in this subsection preparer on the applicant’s form. ‘‘(B) ANNUAL REVIEW.—The Secretary shall using the process required under paragraph ‘‘(3) ADDITIONAL REQUIREMENTS.—A pre- conduct an annual review to determine— (4). parer that provides consultative or prepara- ‘‘(i) which data items each State requires ‘‘(10) DISTRIBUTION OF DATA.—Institutions tion services pursuant to this subsection to award need-based State aid; and of higher education, guaranty agencies, and shall— ‘‘(ii) if the State will permit an applicant States shall receive, without charge, the ‘‘(A) clearly inform each individual upon to file a form described in paragraph (2)(B) or data collected by the Secretary using a form initial contact, including contact through (3)(C). developed under this subsection for the pur- the Internet or by telephone, that the ‘‘(C) USE OF SIMPLIFIED APPLICATION FORMS poses of processing loan applications and de- FAFSA and EZ FAFSA may be completed ENCOURAGED.—The Secretary shall encourage termining need and eligibility for institu- for free via paper or electronic versions of States to take such steps as are necessary to tional and State financial aid awards. Enti- the forms that are provided by the Sec- encourage the use of simplified forms under ties designated by institutions of higher edu- retary; this subsection, including those forms de- cation, guaranty agencies, or States to re- ‘‘(B) include in any advertising clear and scribed in paragraphs (2)(B) and (3)(C), for ceive such data shall be subject to all the re- conspicuous information that the FAFSA applicants who meet the requirements of quirements of this section, unless such re- and EZ FAFSA may be completed for free subsection (b) or (c) of section 479. quirements are waived by the Secretary. via paper or electronic versions of the forms ‘‘(D) CONSEQUENCES IF STATE DOES NOT AC- ‘‘(11) THIRD PARTY SERVICERS AND PRIVATE that are provided by the Secretary; CEPT SIMPLIFIED FORMS.—If a State does not SOFTWARE PROVIDERS.—To the extent prac- ‘‘(C) if advertising or providing any infor- permit an applicant to file a form described ticable and in a timely manner, the Sec- mation on a website, or if providing services in paragraph (2)(B) or (3)(C) for purposes of retary shall provide, to private organizations through a website, include on the website a determining eligibility for State need-based and consortia that develop software used by link to the website described in subsection financial aid, the Secretary may determine institutions of higher education for the ad- (a)(3) that provides the electronic versions of that State-specific questions for such State ministration of funds under this title, all the the forms developed under subsection (a); will not be included on a form described in necessary specifications that the organiza- ‘‘(D) refrain from producing or dissemi- paragraph (2)(B) or (3)(B). If the Secretary tions and consortia must meet for the soft- nating any form other than the forms devel- makes such determination, the Secretary ware the organizations and consortia de- oped by the Secretary under subsection (a); shall advise the State of the Secretary’s de- velop, produce, and distribute (including any and termination. diskette, modem, or network communica- ‘‘(E) not charge any fee to any individual ‘‘(E) LACK OF STATE RESPONSE TO REQUEST tions) which are so used. The specifications seeking services who meets the requirements FOR INFORMATION.—If a State does not re- shall contain record layouts for required of subsection (b) or (c) of section 479. spond to the Secretary’s request for informa- data. The Secretary shall develop in advance ‘‘(4) SPECIAL RULE.—Nothing in this Act tion under subparagraph (B), the Secretary of each processing cycle an annual schedule shall be construed to limit preparers of the shall— for providing such specifications. The Sec- financial reporting forms required to be ‘‘(i) permit residents of that State to com- retary, to the extent practicable, shall use made under this title that meet the require- plete simplified forms under paragraphs multiple means of providing such specifica- ments of this subsection from collecting (2)(B) and (3)(B); and tions, including conferences and other meet- source information from a student or parent, ‘‘(ii) not require any resident of such State ings, outreach, and technical support mecha- including Internal Revenue Service tax to complete any data items previously re- nisms (such as training and printed reference forms, in providing consultative and prepara- quired by that State under this section. materials). The Secretary shall, from time tion services in completing the forms.’’; and ‘‘(F) RESTRICTION.—The Secretary shall not to time, solicit from such organizations and (5) by adding at the end the following: require applicants to complete any financial consortia means of improving the support ‘‘(e) EARLY APPLICATION AND AWARD DEM- or non-financial data items that are not re- provided by the Secretary. ONSTRATION PROGRAM.— quired— ‘‘(12) PARENT’S SOCIAL SECURITY NUMBER ‘‘(1) PURPOSE.—The purpose of the dem- ‘‘(i) by the applicant’s State; or AND BIRTH DATE.—The Secretary is author- onstration program implemented under this ‘‘(ii) by the Secretary. ized to include space on the forms developed subsection is to determine the feasibility of ‘‘(6) CHARGES TO STUDENTS AND PARENTS under this subsection for the social security implementing a comprehensive early appli- FOR USE OF FORMS PROHIBITED.—The need and number and birth date of parents of depend- cation and notification system for all de- eligibility of a student for financial assist- ent students seeking financial assistance pendent students and to measure the bene- ance under parts A through E (other than under this title.’’; fits and costs of such a system. under subpart 4 of part A) may be deter- (2) by redesignating subsections (c) ‘‘(2) PROGRAM AUTHORIZED.—Not later than mined only by using a form developed by the through (e) (as amended by section 101(b)(11)) 2 years after the date of enactment of the Secretary under this subsection. Such forms as subsections (b) through (d), respectively; Higher Education Amendments of 2007, the shall be produced, distributed, and processed (3) in subsection (c) (as redesignated by Secretary shall implement an early applica- by the Secretary, and no parent or student paragraph (2)), by striking ‘‘that is author- tion demonstration program enabling de- shall be charged a fee by the Secretary, a ized’’ and all that follows through the period pendent students who wish to participate in contractor, a third-party servicer or private at the end and inserting ‘‘or other appro- the program— software provider, or any other public or pri- priate provider of technical assistance and ‘‘(A) to complete an application under this vate entity for the collection, processing, or information on postsecondary educational subsection during the academic year that is delivery of financial aid through the use of services that is authorized under section 2 years prior to the year such students plan such forms. No data collected on a paper or 663(a) of the Individuals with Disabilities to enroll in an institution of higher edu- electronic version of a form developed under Education Act. Not later than 2 years after cation; and this subsection, or other document that was the date of enactment of the Higher Edu- ‘‘(B) based on the application described in created to replace, or used to complete, such cation Amendments of 2007, the Secretary subparagraph (A), to obtain, not later than 1 a form, and for which a fee was paid, shall be shall test and implement, to the extent prac- year prior to the year of the students’ used. ticable, a toll-free telephone based system to planned enrollment, information on eligi- ‘‘(7) RESTRICTIONS ON USE OF PIN.—No per- permit applicants who meet the require- bility for Federal Pell Grants, Federal stu- son, commercial entity, or other entity shall ments of 479(c) to submit an application over dent loans under this title, and State and in- request, obtain, or utilize an applicant’s per- such system.’’; stitutional financial aid for the student’s sonal identification number assigned under (4) by striking subsection (d) (as redesig- first year of enrollment in an the institution paragraph (3)(I) for purposes of submitting a nated by paragraph (2)) and inserting the fol- of higher education. form developed under this subsection on an lowing: ‘‘(3) EARLY APPLICATION AND AWARD.—For applicant’s behalf. ‘‘(d) ASSISTANCE IN PREPARATION OF FINAN- all dependent students selected for participa- ‘‘(8) APPLICATION PROCESSING CYCLE.—The CIAL AID APPLICATION.— tion in the demonstration program who sub- Secretary shall enable students to submit ‘‘(1) PREPARATION AUTHORIZED.—Notwith- mit a completed FAFSA, or, as appropriate, forms developed under this subsection and standing any provision of this Act, an appli- an EZ FAFSA, 2 years prior to the year such initiate the processing of such forms under cant may use a preparer for consultative or students plan to enroll in an institution of this subsection, as early as practicable prior preparation services for the completion of a higher education, the Secretary shall, not to January 1 of the student’s planned year of form developed under subsection (a) if the later than 1 year prior to the year of such enrollment. preparer satisfies the requirements of this planned enrollment— ‘‘(9) EARLY ESTIMATES OF EXPECTED FAMILY subsection. ‘‘(A) provide each student who meets the CONTRIBUTIONS.—The Secretary shall permit ‘‘(2) PREPARER IDENTIFICATION REQUIRED.— requirements under section 479(c) with a de- an applicant to complete a form described in If an applicant uses a preparer for consult- termination of such student’s—

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00157 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10014 CONGRESSIONAL RECORD — SENATE July 25, 2007 ‘‘(i) expected family contribution for the dents participating in the demonstration include the Secretary of the Treasury, the first year of the student’s enrollment in an program plan to enroll in the institution— Director of the Office of Management and institution of higher education; and ‘‘(aa) institutional awards to participating Budget, the Director of the Congressional ‘‘(ii) Federal Pell Grant award for the first dependent students who meet the require- Budget Office, representatives of institutions such year, based on the maximum Federal ments of section 479(c); of higher education with expertise in Federal Pell Grant award at the time of application; ‘‘(bb) estimates of institutional awards to and State financial aid assistance, State ‘‘(B) provide each student who does not other participating dependent students; and chief executive officers of higher education meet the requirements under section 479(c) ‘‘(cc) expected or tentative awards of with a demonstrated commitment to simpli- with an estimate of such student’s— grants or other financial aid available under fying the FAFSA, and such other individuals ‘‘(i) expected family contribution for the this title (including supplemental grants as the Comptroller General and the Sec- first year of the student’s planned enroll- under subpart 3 of part A), for all partici- retary of Education may designate. ment; and pating dependent students, along with infor- ‘‘(2) STUDY REQUIRED.—The Comptroller ‘‘(ii) Federal Pell Grant award for the first mation on State awards, as provided to the General and the Secretary, in consultation such year, based on the maximum Federal institution by the State; with the study group convened under para- Pell Grant award at the time of application; ‘‘(E) a commitment to participate in the graph (1), shall design and conduct a study to and evaluation conducted by the Secretary; and identify and evaluate the means of simpli- ‘‘(C) remind the students of the need to up- ‘‘(F) such other information as the Sec- fying the process of applying for Federal fi- date the students’ information during the retary may require. nancial aid available under this title. The calendar year of enrollment using the expe- ‘‘(6) SPECIAL PROVISIONS.— study shall focus on developing alternative dited reapplication process provided for in ‘‘(A) DISCRETION OF STUDENT FINANCIAL AID approaches for calculating the expected fam- subsection (a)(4). ADMINISTRATORS.—A financial aid adminis- ily contribution that use substantially less ‘‘(4) PARTICIPANTS.—The Secretary shall trator at an institution of higher education income and asset data than the methodology include, as participants in the demonstration participating in a demonstration program currently used, as of the time of the study, program— under this subsection may use the discretion for determining the expected family con- ‘‘(A) States selected through the applica- provided under section 479A as necessary in tribution. tion process described in paragraph (5); awarding financial aid to students partici- ‘‘(3) OBJECTIVES OF STUDY.—The objectives ‘‘(B) institutions of higher education with- pating in the demonstration program. of the study required under paragraph (2) in the selected States that are interested in ‘‘(B) WAIVERS.—The Secretary is author- are— participating in the demonstration program, ized to waive, for an institution partici- ‘‘(A) to shorten the FAFSA and make it and that can make estimates or commit- pating in the demonstration program, any easier and less time-consuming to complete, ments of institutional student financial aid, requirements under the title, or regulations thereby increasing higher education access as appropriate, to students the year before prescribed under this title, that would make for low-income students; the students’ planned enrollment date; and the demonstration program unworkable, ex- ‘‘(B) to examine the feasibility, and evalu- ‘‘(C) secondary schools within the selected cept that the Secretary shall not waive any ate the costs and benefits, of using income States that are interested in participating in provisions with respect to the maximum data from the Internal Revenue Service to the demonstration program, and can commit award amounts for grants and loans under pre-populate the electronic version of the resources to— this title. FAFSA; ‘‘(i) advertising the availability of the pro- ‘‘(7) OUTREACH.—The Secretary shall make ‘‘(C) to determine ways in which to provide gram; appropriate efforts in order to notify States, reliable information on the amount of Fed- ‘‘(ii) identifying students who might be in- institutions of higher education, and sec- eral grant aid and financial assistance a stu- terested in participating in the program; ondary schools of the demonstration pro- dent can expect to receive, assuming con- ‘‘(iii) encouraging such students to apply; gram. stant income, 2 to 3 years before the stu- and ‘‘(8) EVALUATION.—The Secretary shall con- dent’s enrollment; and ‘‘(iv) participating in the evaluation of the duct a rigorous evaluation of the demonstra- ‘‘(D) to simplify the process for deter- program. tion program to measure the program’s bene- mining eligibility for student financial aid ‘‘(5) APPLICATIONS.—States that are inter- fits and adverse effects, as the benefits and without causing significant redistribution of ested in participating in the demonstration effects relate to the purpose of the program Federal grants and subsidized loans under program shall submit an application, to the described in paragraph (1). In conducting the this title. Secretary at such time, in such form, and evaluation, the Secretary shall— ‘‘(4) REQUIRED SUBJECTS OF STUDY.—The containing such information as the Sec- ‘‘(A) identify whether receiving financial study required under paragraph (2) shall con- retary shall require. The application shall aid awards or estimates, as applicable, 1 year sider— include— prior to the year in which the student plans ‘‘(A) how the expected family contribution ‘‘(A) information on the amount of the to enroll in an institution of higher edu- of a student could be calculated using sub- State’s need-based student financial assist- cation, has a positive impact on the higher stantially less income and asset information ance available, and the eligibility criteria education aspirations and plans of such stu- than the approach currently used, as of the for receiving such assistance; dent; time of the study, to calculate the expected ‘‘(B) a commitment to make, not later ‘‘(B) measure the extent to which using a family contribution without causing signifi- than the year before the dependent students student’s income information from the year cant redistribution of Federal grants and participating in the demonstration program that is 2 years prior to the student’s planned subsidized loans under this title, State aid, plan to enroll in an institution of higher edu- enrollment date had an impact on the ability or institutional aid, or change in the com- cation— of States and institutions to make financial position of the group of recipients of such ‘‘(i) determinations of State financial aid aid awards and commitments; aid, which alternative approaches for calcu- awards to dependent students participating ‘‘(C) determine what operational changes lating the expected family contribution in the program who meet the requirements would be required to implement the program shall, to the extent practicable— of section 479(c); and on a larger scale; ‘‘(i) rely mainly, in the case of students ‘‘(ii) estimates of State financial aid ‘‘(D) identify any changes to Federal law and parents who file income tax returns, on awards to other dependent students partici- that would be necessary to implement the information available on the 1040, 1040EZ, pating in the program; program on a permanent basis; and and 1040A; and ‘‘(C) a plan for recruiting institutions of ‘‘(E) identify the benefits and adverse ef- ‘‘(ii) include formulas for adjusting income higher education and secondary schools with fects of providing early awards or estimates or asset information to produce similar re- different demographic characteristics to par- on program costs, program operations, pro- sults to the existing approach with less data; ticipate in the program; gram integrity, award amounts, distribution, ‘‘(B) how the Internal Revenue Service can ‘‘(D) a plan for selecting institutions of and delivery of aid. provide income and other data needed to higher education and secondary schools to ‘‘(9) CONSULTATION.—The Secretary shall compute an expected family contribution for participate in the program that— consult, as appropriate, with the Advisory taxpayers and dependents of taxpayers to the ‘‘(i) demonstrate a commitment to encour- Committee on Student Financial Assistance Secretary of Education, and when in the ap- aging students to submit a FAFSA, or, as ap- established under section 491 on the design, plication cycle the data can be made avail- propriate, an EZ FAFSA, 2 years before the implementation, and evaluation of the dem- able; students’ planned date of enrollment in an onstration program. ‘‘(C) whether data provided by the Internal institution of higher education; ‘‘(f) USE OF IRS DATA AND REDUCED INCOME Revenue could be used to— ‘‘(ii) serve different populations of stu- AND ASSET INFORMATION TO DETERMINE ELIGI- ‘‘(i) prepopulate the electronic version of dents; BILITY FOR STUDENT FINANCIAL AID.— the FAFSA with student and parent tax- ‘‘(iii) in the case of institutions of higher ‘‘(1) FORMATION OF STUDY GROUP.—Not later payer data; or education— than 90 days after the date of enactment of ‘‘(ii) generate an expected family contribu- ‘‘(I) to the extent possible, are of varying the Higher Education Amendments of 2007, tion without additional action on the part of types and control; and the Comptroller General of the United States the student and taxpayer; ‘‘(II) commit to making, not later than the and the Secretary of Education shall con- ‘‘(D) the extent to which the use of income year prior to the year that dependent stu- vene a study group whose membership shall data from 2 years prior to a student’s

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00158 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10015 planned enrollment date would change the ‘‘(B) Redistributive effects on students. significant cognitive impairment substan- expected family contribution computed in ‘‘(C) Accuracy of aid determinations. tially impacts the individual’s intellectual accordance with part F, and potential ad- ‘‘(D) Reduction of burden to the FAFSA and cognitive functioning; justments to the need analysis formula that filers. ‘‘(2)(A) be a student eligible for assistance would minimize the change; ‘‘(E) Whether all States and institutions under the Individuals with Disabilities Edu- ‘‘(E) the extent to which States and insti- that currently accept the Federal aid for- cation Act who has completed secondary tutions would accept the data provided by mula accept the use of data from 2 years school; or the Internal Revenue Service to prepopulate prior to the date of a student’s planned en- ‘‘(B) be an individual who is no longer eli- the electronic version of the FAFSA in de- rollment in an institution of higher edu- gible for assistance under the Individuals termining the distribution of State and in- cation to award Federal, State, and institu- with Disabilities Education Act because the stitutional student financial aid funds; tional aid, and as a result will not require individual has exceeded the maximum age ‘‘(F) the changes to the electronic version students to complete any additional forms to for which the State provides a free appro- of the FAFSA and verification processes that receive this aid. priate public education; would be needed or could be made if Internal ‘‘(6) CONSULTATION.—The Secretary shall ‘‘(3) be enrolled or accepted for enrollment Revenue Service data were used to consult with the Advisory Committee on in a comprehensive transition and postsec- prepopulate such electronic version; Student Financial Assistance established ondary education program that— ‘‘(G) the data elements currently collected, under section 491 as appropriate in carrying ‘‘(A) is designed for students with an intel- as of the time of the study, on the FAFSA out this subsection. lectual disability who are seeking to con- that are needed to determine eligibility for ‘‘(7) REPORT.—Not later than 1 year after tinue academic, vocational, and independent student aid, or to administer Federal student the date of enactment of the Higher Edu- living instruction at the institution in order financial aid programs, but are not needed to cation Amendments of 2007, the Comptroller to prepare for gainful employment and inde- compute an expected family contribution, General and the Secretary shall prepare and pendent living; such as whether information regarding the submit a report on the results of the study ‘‘(B) includes an advising and curriculum student’s citizenship or permanent residency required under this subsection to the author- structure; status, registration for selective service, or izing committees.’’. ‘‘(C) requires students to participate on at driver’s license number could be reduced SEC. 474. STUDENT ELIGIBILITY. least a half-time basis, as determined by the without adverse effects; institution; or ‘‘(H) additional steps that can be taken to (a) AMENDMENTS.—Section 484 (20 U.S.C. 1091) is amended— ‘‘(D) includes— simplify the financial aid application process ‘‘(i) regular enrollment in courses offered for students who (or, in the case of depend- (1) in subsection (d), by adding at the end the following: by the institution; ent students, whose parents) are not required ‘‘(ii) auditing or participating in courses to file an income tax return for the prior ‘‘(4) The student shall be determined by the institution of higher education as having offered by the institution for which the stu- taxable year; dent does not receive regular academic cred- ‘‘(I) information on the State need for and the ability to benefit from the education or training offered by the institution of higher it; usage of the full array of income, asset, and ‘‘(iii) enrollment in noncredit, nondegree other information currently collected, as of education, upon satisfactory completion of 6 courses; the time of the study, on the FAFSA, includ- credit hours or the equivalent coursework ‘‘(iv) participation in internships; or ing analyses of— that are applicable toward a degree or cer- ‘‘(v) a combination of 2 or more of the ac- ‘‘(i) what data are currently used by States tificate offered by the institution of higher tivities described in clauses (i) through (iv); to determine eligibility for State student fi- education.’’; ‘‘(4) be maintaining satisfactory progress nancial aid, and whether the data are used (2) by striking subsection (l) and inserting in the program as determined by the institu- for merit or need-based aid; the following: tion, in accordance with standards estab- ‘‘(ii) the extent to which the full array of ‘‘(l) COURSES OFFERED THROUGH DISTANCE lished by the institution; and income and asset information currently col- EDUCATION.— ‘‘(5) meet the requirements of paragraphs lected on the FAFSA play an important role ‘‘(1) RELATION TO CORRESPONDENCE in the awarding of need-based State financial COURSES.— (3), (4), (5), and (6) of subsection (a).’’. aid, and whether the State could use income ‘‘(A) IN GENERAL.—A student enrolled in a (b) EFFECTIVE DATE.—The amendments and asset information that was more limited course of instruction at an institution of made by subsection (a) shall take affect on to support determinations of eligibility for higher education that is offered principally July 1, 2008. such State aid programs; through distance education and leads to a SEC. 475. STATUTE OF LIMITATIONS AND STATE ‘‘(iii) whether data are required by State recognized certificate, or associate, bacca- COURT JUDGMENTS. law, State regulations, or policy directives; laureate, or graduate degree, conferred by Section 484A (20 U.S.C. 1091a) is amended— ‘‘(iv) what State official has the authority such institution, shall not be considered to (1) in subsection (b)— to advise the Department on what the State be enrolled in correspondence courses. (A) in paragraph (1), by striking ‘‘and’’ requires to calculate need-based State stu- ‘‘(B) EXCEPTION.—An institution of higher after the semicolon; dent financial aid; education referred to in subparagraph (A) (B) in paragraph (2), by striking the period ‘‘(v) the extent to which any State-specific shall not include an institution or school de- and inserting ‘‘; and’’; and information requirements could be met by scribed in section 3(3)(C) of the Carl D. Per- (C) by adding at the end the following: completion of a State application linked to kins Career and Technical Education Act of ‘‘(3) in collecting any obligation arising the electronic version of the FAFSA; and 2006. from a loan made under part E of this title, ‘‘(vi) whether the State can use, as of the ‘‘(2) RESTRICTION OR REDUCTIONS OF FINAN- an institution of higher education that has time of the study, or could use, a student’s CIAL AID.—A student’s eligibility to receive an agreement with the Secretary pursuant expected family contribution based on data grants, loans, or work assistance under this to section 463(a) shall not be subject to a de- from 2 years prior to the student’s planned title shall be reduced if a financial aid officer fense raised by any borrower based on a enrollment date and a calculation with re- determines under the discretionary author- claim of infancy.’’; and duced data elements and, if not, what addi- ity provided in section 479A that distance (2) by adding at the end the following: tional information would be needed or what education results in a substantially reduced ‘‘(d) SPECIAL RULE.—This section shall not changes would be required; and cost of attendance to such student. apply in the case of a student who is de- ‘‘(J) information on institutional needs, in- ‘‘(3) SPECIAL RULE.—For award years prior ceased or to a deceased student’s estate or cluding the extent to which institutions of to July 1, 2008, the Secretary shall not take the estate of such student’s family. If a stu- higher education are already using supple- any compliance, disallowance, penalty, or dent is deceased, then the student’s estate or mental forms to collect additional data from other action against a student or an eligible the estate of the student’s family shall not students and their families to determine eli- institution when such action arises out of be required to repay any financial assistance gibility for institutional funds. such institution’s prior award of student as- under this title, including interest paid on ‘‘(5) USE OF DATA FROM THE INTERNAL REV- sistance under this title if the institution the student’s behalf, collection costs, or ENUE SERVICE TO PREPOPULATE FAFSA demonstrates to the satisfaction of the Sec- other charges specified in this title.’’. FORMS.—After the study required under this retary that its course of instruction would subsection has been completed, the Sec- have been in conformance with the require- SEC. 476. INSTITUTIONAL REFUNDS. retary may use Internal Revenue Service ments of this subsection.’’; and (a) AMENDMENT.—Section 484B(c)(2) (20 data to prepopulate the electronic version of (3) by adding at the end the following: U.S.C. 1091B(c)(2)) is amended by striking the FAFSA if the Secretary, in a joint deci- ‘‘(s) STUDENTS WITH INTELLECTUAL DISABIL- ‘‘may determine the appropriate withdrawal sion with the Secretary of Treasury, deter- ITIES.—Notwithstanding subsection (a), in date.’’ and inserting ‘‘may determine— mines that such use will not significantly order to receive any grant or work assist- ‘‘(A) the appropriate withdrawal date; and negatively impact students, institutions of ance under subparts 1 and 3 of part A and ‘‘(B) that the requirements of subsection higher education, States, or the Federal Gov- part C of this title, a student with an intel- (b)(2) do not apply to the student.’’. ernment based on each of the following cri- lectual disability shall— (b) EFFECTIVE DATE.—The amendment teria: ‘‘(1) be an individual with an intellectual made by subsection (a) shall take effect on ‘‘(A) Program costs. disability whose mental retardation or other July 1, 2008.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00159 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10016 CONGRESSIONAL RECORD — SENATE July 25, 2007 SEC. 477. INSTITUTIONAL AND FINANCIAL AS- more of the certificate- or degree-seeking, ‘‘(viii) information on the effects of using a SISTANCE INFORMATION FOR STU- full-time, undergraduate students at the in- consolidation loan to discharge the bor- DENTS. stitution, the institution may recalculate rower’s loans under parts B, D, and E, includ- Section 485 (20 U.S.C. 1092) is amended— the completion or graduation rates of such ing, at a minimum— (1) in subsection (a)— students by excluding from the calculation ‘‘(I) the effects of consolidation on total in- (A) in paragraph (1)— described in paragraph (3) the time period terest to be paid, fees to be paid, and length (i) in subparagraph (G)— such students were not enrolled due to their of repayment; (I) by striking ‘‘program, and’’ and insert- service in the Armed Forces, on official ‘‘(II) the effects of consolidation on a bor- ing ‘‘program,’’; and church missions, or with a recognized foreign rower’s underlying loan benefits, including (II) by inserting ‘‘, and (iv) any plans by aid service of the Federal Government.’’; and all grace periods, loan forgiveness, cancella- the institution for improving the academic (C) by adding at the end the following: tion, and deferment opportunities; program of the institution’’ after ‘‘instruc- ‘‘(7) The information disclosed under sub- ‘‘(III) the ability of the borrower to prepay tional personnel’’; and paragraph (L) of paragraph (1), or reported the loan or change repayment plans; and (ii) by striking subparagraph (M) and in- under subsection (e), shall include informa- ‘‘(IV) that borrower benefit programs may serting the following: tion disaggregated by gender, by each major vary among different loan holders; and ‘‘(M) the terms and conditions of the loans racial and ethnic subgroup, by recipients of a ‘‘(ix) a notice to borrowers about the avail- that students receive under parts B, D, and Federal Pell Grant, by recipients of a loan ability of the National Student Loan Data E;’’; made under this part or part D (other than a System and how the system can be used by (iii) in subparagraph (N), by striking ‘‘and’’ loan made under section 428H or a Federal a borrower to obtain information on the sta- after the semicolon; Direct Unsubsidized Stafford Loan) who did tus of the borrower’s loans.’’; and (iv) in subparagraph (O), by striking the not receive a Federal Pell Grant, and by re- (B) by adding at the end the following: period and inserting a semicolon; and cipients of neither a Federal Pell Grant nor ‘‘(3) Each eligible institution shall, during (v) by adding at the end the following: a loan made under this part or part D (other the exit interview required by this sub- ‘‘(P) institutional policies and sanctions than a loan made under section 428H or a section, provide to a borrower of a loan made related to copyright infringement, includ- Federal Direct Unsubsidized Stafford Loan), under part B, D, or E a clear and conspicuous ing— if the number of students in such subgroup notice describing the general effects of using ‘‘(i) an annual disclosure that explicitly in- or with such status is sufficient to yield sta- a consolidation loan to discharge the bor- forms students that unauthorized distribu- tistically reliable information and reporting rower’s student loans, including— tion of copyrighted material, including un- would not reveal personally identifiable in- ‘‘(A) the effects of consolidation on total authorized peer-to-peer file sharing, may formation about an individual student. If interest to be paid, fees to be paid, and subject the students to civil and criminal li- such number is not sufficient for such pur- length of repayment; abilities; poses, then the institution shall note that ‘‘(B) the effects of consolidation on a bor- ‘‘(ii) a summary of the penalties for viola- the institution enrolled too few of such stu- rower’s underlying loan benefits, including tion of Federal copyright laws; dents to so disclose or report with confidence loan forgiveness, cancellation, and ‘‘(iii) a description of the institution’s poli- and confidentiality.’’; deferment; cies with respect to unauthorized peer-to- (2) in subsection (b)— ‘‘(C) the ability for the borrower to prepay peer file sharing, including disciplinary ac- (A) in paragraph (1)(A), by striking the the loan, pay on a shorter schedule, and to tions that are taken against students who subparagraph designation and all that fol- change repayment plans, and that borrower engage in unauthorized distribution of copy- lows through ‘‘465.’’ and inserting the fol- benefit programs may vary among different righted materials using the institution’s in- lowing: loan holders; formation technology system; and ‘‘(A) Each eligible institution shall, ‘‘(D) a general description of the types of ‘‘(iv) a description of actions that the in- through financial aid offices or otherwise, tax benefits which may be available to bor- stitution takes to prevent and detect unau- provide counseling to borrowers of loans that rowers of student loans; and thorized distribution of copyrighted material are made, insured, or guaranteed under part ‘‘(E) the consequences of default.’’; on the institution’s information technology B (other than loans made pursuant to sec- (3) in subsection (d)(2)— system; tion 428C or loans made to parents pursuant (A) by inserting ‘‘grant assistance, as well ‘‘(Q) student body diversity at the institu- to section 428B), or made under part D (other as State’’ after ‘‘describing State’’; and tion, including information on the percent- than Federal Direct Consolidation Loans or (B) by inserting ‘‘and other means, includ- age of enrolled, full-time students who are— Federal Direct PLUS Loans made to parents) ing through the Internet’’ before the period ‘‘(i) male; or E, prior to the completion of the course of at the end; ‘‘(ii) female; study for which the borrower enrolled at the (4) in subsection (e), by striking paragraph ‘‘(iii) from a low-income background; and institution or at the time of departure from (3) and inserting the following: ‘‘(iv) a self-identified member of a major such institution. The counseling required by ‘‘(3) For purposes of this subsection, insti- racial or ethnic group; this subsection shall include— tutions may— ‘‘(R) the placement in employment of, and ‘‘(i) information on the repayment plans ‘‘(A) exclude from the reporting require- types of employment obtained by, graduates available, including a discussion of the dif- ments under paragraphs (1) and (2) the com- of the institution’s degree or certificate pro- ferent features of each plan and sample in- pletion or graduation rates of students and grams, gathered from such sources as alumni formation showing the difference in interest student athletes who leave school to serve in surveys, student satisfaction surveys, the paid and total payments under each plan; the Armed Forces, on official church mis- National Survey of Student Engagement, the ‘‘(ii) the average anticipated monthly re- sions, or with a recognized foreign aid serv- Community College Survey of Student En- payments under the standard repayment ice of the Federal Government; or gagement, State data systems, or other rel- plan and, at the borrower’s request, the ‘‘(B) in cases where the students described evant sources; other repayment plans for which the bor- in subparagraph (A) represent 20 percent or ‘‘(S) the types of graduate and professional rower is eligible; more of the certificate- or degree-seeking, education in which graduates of the institu- ‘‘(iii) such debt and management strategies full-time, undergraduate students at the in- tion’s 4-year degree programs enrolled, gath- as the institution determines are designed to stitution, the institution may calculate the ered from such sources as alumni surveys, facilitate the repayment of such indebted- completion or graduation rates of such stu- student satisfaction surveys, the National ness; dents by excluding from the calculations de- Survey of Student Engagement, State data ‘‘(iv) an explanation that the borrower has scribed in paragraph (1) the time period such systems, or other relevant sources; the ability to prepay each such loan, pay the students were not enrolled due to their serv- ‘‘(T) the fire safety report prepared by the loan on a shorter schedule, and change re- ice in the Armed Forces, on official church institution pursuant to subsection (i); and payment plans; missions, or with a recognized foreign aid ‘‘(U) the retention rate of certificate- or ‘‘(v) the terms and conditions under which service of the Federal Government.’’; degree-seeking, full-time, undergraduate stu- the student may obtain full or partial for- (5) in subsection (f)— dents entering such institution.’’; giveness or cancellation of principal or inter- (A) in paragraph (1)— (B) by striking paragraph (4) and inserting est under sections 428J, 460, and 465 (to the (i) the matter preceding subparagraph (A), the following: extent that such sections are applicable to by inserting ‘‘, other than a foreign institu- ‘‘(4) For purposes of this section, institu- the student’s loans); tion of higher education,’’ after ‘‘under this tions may— ‘‘(vi) the terms and conditions under which title’’; and ‘‘(A) exclude from the information dis- the student may defer repayment of prin- (ii) by adding at the end the following: closed in accordance with subparagraph (L) cipal or interest or be granted forbearance ‘‘(J) A statement of current campus poli- of paragraph (1) the completion or gradua- under subsections (b)(1)(M) and (o) of section cies regarding immediate emergency re- tion rates of students who leave school to 428, 428H(e)(7), subsections (f) and (l) of sec- sponse and evacuation procedures, including serve in the Armed Forces, on official church tion 455, and section 464(c)(2), and the poten- the use of electronic and cellular commu- missions, or with a recognized foreign aid tial impact of such deferment or forbear- nication (if appropriate), which policies shall service of the Federal Government; or ance; include procedures— ‘‘(B) in cases where the students described ‘‘(vii) the consequences of default on such ‘‘(i) to notify the campus community in a in subparagraph (A) represent 20 percent or loans; reasonable and timely manner in the event

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00160 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10017 of a significant emergency or dangerous situ- ‘‘(B) a description of each on-campus stu- (1) by redesignating subsections (b) ation, involving an immediate threat to the dent housing facility fire safety system, in- through (i) as subsections (c) through (j), re- health or safety of students or staff, occur- cluding the fire sprinkler system; spectively; and ring on the campus; ‘‘(C) the number of regular mandatory su- (2) by inserting after subsection (a) the fol- ‘‘(ii) to publicize emergency response and pervised fire drills; lowing: evacuation procedures on an annual basis in ‘‘(D) policies or rules on portable electrical ‘‘(b) ENTRANCE COUNSELING FOR BOR- a manner designed to reach students and appliances, smoking, and open flames (such ROWERS.— staff; and as candles), procedures for evacuation, and ‘‘(1) DISCLOSURE REQUIRED PRIOR TO DIS- ‘‘(iii) to test emergency response and evac- policies regarding fire safety education and BURSEMENT.— uation procedures on an annual basis.’’; training programs provided to students, fac- ‘‘(A) IN GENERAL.—Each eligible institution (B) by redesignating paragraph (15) as ulty, and staff; and shall, at or prior to the time of a disburse- paragraph (17); and ‘‘(E) plans for future improvements in fire ment to a first-time student borrower of a (C) by inserting after paragraph (14) the safety, if determined necessary by such insti- loan made, insured, or guaranteed under part following: tution. B or D, ensure that the borrower receives ‘‘(15) COMPLIANCE REPORT.—The Secretary ‘‘(2) REPORT TO THE SECRETARY.—Each eli- comprehensive information on the terms and shall annually report to the authorizing gible institution participating in any pro- conditions of the loan and the responsibil- committees regarding compliance with this gram under this title shall, on an annual ities the borrower has with respect to such subsection by institutions of higher edu- basis submit to the Secretary a copy of the loan. Such information shall be provided in cation, including an up-to-date report on the statistics required to be made available simple and understandable terms and may be Secretary’s monitoring of such compliance. under subparagraph (A). provided— ‘‘(16) BEST PRACTICES.—The Secretary may ‘‘(3) CURRENT INFORMATION TO CAMPUS COM- ‘‘(i) during an entrance counseling session seek the advice and counsel of the Attorney MUNITY.—Each institution participating in conducted in person; General concerning the development, and any program under this title shall— ‘‘(ii) on a separate written form provided dissemination to institutions of higher edu- ‘‘(A) make, keep, and maintain a log, re- to the borrower that the borrower signs and cation, of best practices information about cording all fires in on-campus student hous- returns to the institution; or campus safety and emergencies.’’; and ing facilities, including the nature, date, ‘‘(iii) online, with the borrower acknowl- (6) by adding at the end the following: time, and general location of each fire; and edging receipt and understanding of the in- ‘‘(h) TRANSFER OF CREDIT POLICIES.— ‘‘(B) make annual reports to the campus formation. community on such fires. ‘‘(1) DISCLOSURE.—Each institution of high- ‘‘(B) USE OF INTERACTIVE PROGRAMS.—The er education participating in any program ‘‘(4) RESPONSIBILITIES OF THE SECRETARY.— Secretary shall encourage institutions to under this title shall publicly disclose in a The Secretary shall— carry out the requirements of subparagraph readable and comprehensible manner the ‘‘(A) make such statistics submitted to the (A) through the use of interactive programs transfer of credit policies established by the Secretary available to the public; and that test the borrowers’ understanding of the institution which shall include a statement ‘‘(B) in coordination with nationally recog- terms and conditions of the borrowers’ loans of the institution’s current transfer of credit nized fire organizations and representatives under part B or D, using comprehensible lan- policies that includes, at a minimum— of institutions of higher education, rep- guage and displays with clear formatting. resentatives of associations of institutions of ‘‘(A) any established criteria the institu- ‘‘(2) INFORMATION TO BE PROVIDED.—The in- tion uses regarding the transfer of credit higher education, and other organizations formation provided to the borrower under earned at another institution of higher edu- that represent and house a significant num- paragraph (1)(A) shall include— cation; and ber of students— ‘‘(A) an explanation of the use of the Mas- ‘‘(B) a list of institutions of higher edu- ‘‘(i) identify exemplary fire safety policies, ter Promissory Note; cation with which the institution has estab- procedures, programs, and practices; ‘‘(B) in the case of a loan made under sec- lished an articulation agreement. ‘‘(ii) disseminate information to the Ad- tion 428B or 428H, a Federal Direct PLUS ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ministrator of the United States Fire Ad- Loan, or a Federal Direct Unsubsidized Staf- this subsection shall be construed to— ministration; ford Loan— ‘‘(A) authorize the Secretary or the Ac- ‘‘(iii) make available to the public infor- ‘‘(i) the ability of the borrower to pay the creditation and Institutional Quality and In- mation concerning those policies, proce- interest while the borrower is in school; and tegrity Advisory Committee to require par- dures, programs, and practices that have ‘‘(ii) how often interest is capitalized; ticular policies, procedures, or practices by proven effective in the reduction of fires; and ‘‘(C) the definition of half-time enrollment institutions of higher education with respect ‘‘(iv) develop a protocol for institutions to at the institution, during regular terms and to transfer of credit; review the status of their fire safety sys- summer school, if applicable, and the con- ‘‘(B) authorize an officer or employee of tems. sequences of not maintaining half-time en- the Department to exercise any direction, ‘‘(5) RULES OF CONSTRUCTION.—Nothing in rollment; supervision, or control over the curriculum, this subsection shall be construed to— ‘‘(D) an explanation of the importance of program of instruction, administration, or ‘‘(A) authorize the Secretary to require contacting the appropriate institutional of- personnel of any institution of higher edu- particular policies, procedures, programs, or fices if the borrower withdraws prior to com- cation, or over any accrediting agency or as- practices by institutions of higher education pleting the borrower’s program of study so sociation; with respect to fire safety, other than with that the institution can provide exit coun- ‘‘(C) limit the application of the General respect to the collection, reporting, and dis- seling, including information regarding the Education Provisions Act; or semination of information required by this borrower’s repayment options and loan con- ‘‘(D) create any legally enforceable right subsection; solidation; on the part of a student to require an insti- ‘‘(B) affect the Family Educational Rights ‘‘(E) the obligation of the borrower to tution of higher education to accept a trans- and Privacy Act of 1974 or the regulations repay the full amount of the loan even if the fer of credit from another institution. issued under section 264 of the Health Insur- borrower does not complete the program in ‘‘(i) DISCLOSURE OF FIRE SAFETY STAND- ance Portability and Accountability Act of which the borrower is enrolled; ARDS AND MEASURES.— 1996 (42 U.S.C. 1320d–2 note); ‘‘(F) information on the National Student ‘‘(1) ANNUAL FIRE SAFETY REPORTS ON STU- ‘‘(C) create a cause of action against any Loan Data System and how the borrower can DENT HOUSING REQUIRED.—Each eligible insti- institution of higher education or any em- access the borrower’s records; and tution participating in any program under ployee of such an institution for any civil li- ‘‘(G) the name of an individual the bor- this title shall, on an annual basis, publish a ability; and rower may contact if the borrower has any fire safety report, which shall contain infor- ‘‘(D) establish any standard of care. questions about the borrower’s rights and re- mation with respect to the campus fire safe- ‘‘(6) COMPLIANCE REPORT.—The Secretary sponsibilities or the terms and conditions of ty practices and standards of that institu- shall annually report to the authorizing the loan.’’. tion, including— committees regarding compliance with this ‘‘(A) statistics concerning the following in subsection by institutions of higher edu- SEC. 479. NATIONAL STUDENT LOAN DATA SYS- each on-campus student housing facility dur- cation, including an up-to-date report on the TEM. ing the most recent calendar years for which Secretary’s monitoring of such compliance. Section 485B (20 U.S.C. 1092b) is amended— data are available— ‘‘(7) EVIDENCE.—Notwithstanding any other (1) in subsection (a)— ‘‘(i) the number of fires and the cause of provision of law, evidence regarding compli- (A) by redesignating paragraphs (6) each fire; ance or noncompliance with this subsection through (10) as paragraphs (7) through (11), ‘‘(ii) the number of injuries related to a shall not be admissible as evidence in any respectively; fire that result in treatment at a medical fa- proceeding of any court, agency, board, or (B) in paragraph (5) (as added by Public cility; other entity, except with respect to an ac- Law 101–610), by striking ‘‘effectiveness.’’ ‘‘(iii) the number of deaths related to a tion to enforce this subsection.’’. and inserting ‘‘effectiveness;’’; and fire; and SEC. 478. ENTRANCE COUNSELING REQUIRED. (C) by redesignating paragraph (5) (as ‘‘(iv) the value of property damage caused Section 485 (as amended by section 477) is added by Public Law 101–234) as paragraph by a fire; further amended— (6);

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00161 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10018 CONGRESSIONAL RECORD — SENATE July 25, 2007 (2) by redesignating subsections (d) (4) by striking subsection (e) (as redesig- under this title that serve middle school stu- through (g) as subsections (e) through (h), re- nated by paragraph (1)) and inserting the fol- dents, shall make special efforts to notify spectively; and lowing: students and their parents of the availability (3) by inserting after subsection (c) the fol- ‘‘(e) REPORTS TO CONGRESS.— of financial aid under this title and, in ac- lowing: ‘‘(1) ANNUAL REPORT.—Not later than Sep- cordance with subsection (c), shall provide ‘‘(d) PRINCIPLES FOR ADMINISTERING THE tember 30 of each fiscal year, the Secretary nonbinding estimates of grant and loan aid DATA SYSTEM.—In managing the National shall prepare and submit to the appropriate that an individual may be eligible for under Student Loan Data System, the Secretary committees of Congress a report describing— this title upon completion of an application shall take actions necessary to maintain ‘‘(A) the results obtained by the establish- form under section 483(a). The Secretary confidence in the data system, including, at ment and operation of the National Student shall ensure that such information is as ac- a minimum— Loan Data System authorized by this sec- curate as possible and that such information ‘‘(1) ensuring that the primary purpose of tion; is provided in an age-appropriate format access to the data system by guaranty agen- ‘‘(B) the effectiveness of existing privacy using dissemination mechanisms suitable for cies, eligible lenders, and eligible institu- safeguards in protecting student and parent students in middle school. tions of higher education is for legitimate information in the data system; ‘‘(3) SECONDARY SCHOOL STUDENTS.—The program operations, such as the need to ‘‘(C) the success of any new authorization Secretary, in cooperation with States, insti- verify the eligibility of a student, potential protocols in more effectively preventing tutions of higher education, other organiza- student, or parent for loans under part B, D, abuse of the data system; tions involved in college access and student or E; ‘‘(D) the ability of the Secretary to mon- ‘‘(2) prohibiting nongovernmental re- financial aid, secondary schools, and pro- itor how the system is being used, relative to grams under this title that serve secondary searchers and policy analysts from accessing the intended purposes of the data system; personally identifiable information; school students, shall make special efforts to and notify students in secondary school and their ‘‘(3) creating a disclosure form for students ‘‘(E) any protocols developed under sub- and potential students that is distributed parents, as early as possible but not later section (d)(6) during the preceding fiscal when such students complete the common fi- than such students’ junior year of secondary year. nancial reporting form under section 483, and school, of the availability of financial aid ‘‘(2) STUDY.— as a part of the exit counseling process under under this title and, in accordance with sub- ‘‘(A) IN GENERAL.—The Secretary shall con- section 485(b), that— section (c), shall provide nonbinding esti- duct a study regarding— ‘‘(A) informs the students that any title IV mates of the amounts of grant and loan aid ‘‘(i) available mechanisms for providing grant or loan the students receive will be in- that an individual may be eligible for under students and parents with the ability to opt cluded in the National Student Loan Data this title upon completion of an application in or opt out of allowing eligible lenders to System, and instructs the students on how form under section 483(a). The Secretary access their records in the National Student to access that information; shall ensure that such information is as ac- Loan Data System; and ‘‘(B) describes the categories of individuals curate as possible and that such information or entities that may access the data relating ‘‘(ii) appropriate protocols for limiting ac- is provided in an age-appropriate format to such grant or loan through the data sys- cess to the data system, based on the risk as- using dissemination mechanisms suitable for tem, and for what purposes access is allowed; sessment required under subchapter III of students in secondary school. ‘‘(C) defines and explains the categories of chapter 35 of title 44, United States Code. ‘‘(4) ADULT LEARNERS.—The Secretary, in information included in the data system; ‘‘(B) SUBMISSION OF STUDY.—Not later than cooperation with States, institutions of ‘‘(D) provides a summary of the provisions 3 years after the date of enactment of the higher education, other organizations in- of the Family Educational Rights and Pri- Higher Education Amendments of 2007, the volved in college access and student finan- vacy Act of 1974 and other applicable Federal Secretary shall prepare and submit a report cial aid, employers, workforce investment privacy statutes, and a statement of the stu- on the findings of the study to the appro- boards and public libraries, shall make spe- dents’ rights and responsibilities with re- priate committees of Congress.’’. cial efforts to provide individuals who would spect to such statutes; SEC. 480. EARLY AWARENESS OF FINANCIAL AID qualify as independent students, as defined ‘‘(E) explains the measures taken by the ELIGIBILITY. in section 480(d), with information regarding Department to safeguard the students’ data; Part G of title IV (20 U.S.C. 1088 et seq.) is the availability of financial aid under this and further amended by inserting after section title and, in accordance with subsection (c), ‘‘(F) includes other information as deter- 485D (20 U.S.C. 1092c) the following: with nonbinding estimates of the amounts of mined appropriate by the Secretary; ‘‘SEC. 485E. EARLY AWARENESS OF FINANCIAL grant and loan aid that an individual may be ‘‘(4) requiring guaranty agencies, eligible AID ELIGIBILITY. eligible for under this title upon completion lenders, and eligible institutions of higher ‘‘(a) IN GENERAL.—The Secretary shall im- of an application form under section 483(a). education that enter into an agreement with plement, in cooperation with States, institu- The Secretary shall ensure that such infor- a potential student, student, or parent of tions of higher education, secondary schools, mation— such student regarding a loan under part B, middle schools, early intervention and out- ‘‘(A) is as accurate as possible; D, or E, to inform the student or parent that reach programs under this title, other agen- ‘‘(B) includes specific information regard- such loan shall be— cies and organizations involved in student fi- ing the availability of financial aid for stu- ‘‘(A) submitted to the data system; and nancial assistance and college access, public dents qualified as independent students, as ‘‘(B) accessible to guaranty agencies, eligi- libraries, community centers, employers, defined in section 480(d); and ble lenders, and eligible institutions of high- and businesses, a comprehensive system of ‘‘(C) uses dissemination mechanisms suit- er education determined by the Secretary to early financial aid information in order to able for adult learners. be authorized users of the data system; provide students and families with early in- ‘‘(5) PUBLIC AWARENESS CAMPAIGN.—Not ‘‘(5) regularly reviewing the data system formation about financial aid and early esti- later than 2 years after the date of enact- to— mates of such students’ eligibility for finan- ment of the Higher Education Amendments ‘‘(A) delete inactive users from the data cial aid from multiple sources. Such system of 2007, the Secretary, in coordination with system; shall include the activities described in sub- States, institutions of higher education, ‘‘(B) ensure that the data in the data sys- sections (b) and (c). early intervention and outreach programs tem are not being used for marketing pur- ‘‘(b) COMMUNICATION OF AVAILABILITY OF under this title, other agencies and organiza- poses; and AID AND AID ELIGIBILITY.— tions involved in student financial aid, local ‘‘(C) monitor the use of the data system by ‘‘(1) STUDENTS WHO RECEIVE BENEFITS.—The educational agencies, public libraries, com- guaranty agencies and eligible lenders to de- Secretary shall— munity centers, businesses, employers, em- termine whether an agency or lender is ac- ‘‘(A) make special efforts to notify stu- ployment services, workforce investment cessing the records of students in which the dents, who receive or are eligible to receive boards, and movie theaters, shall implement agency or lender has no existing financial in- benefits under a Federal means-tested ben- a public awareness campaign in order to in- terest; and efit program (including the food stamp pro- crease national awareness regarding the ‘‘(6) developing standardized protocols for gram under the Food Stamp Act of 1977 (7 availability of financial aid under this title. limiting access to the data system that in- U.S.C. 2011 et seq.)) or another such benefit The public awareness campaign shall dis- clude— program as determined by the Secretary, of seminate accurate information regarding the ‘‘(A) collecting data on the usage of the such students’ potential eligibility for a availability of financial aid under this title data system to monitor whether access has maximum Federal Pell Grant under subpart and shall be implemented, to the extent been or is being used contrary to the pur- 1 of part A; and practicable, using a variety of media, includ- poses of the data system; ‘‘(B) disseminate such informational mate- ing print, television, radio and the Internet. ‘‘(B) defining the steps necessary for deter- rials as the Secretary determines necessary. The Secretary shall design and implement mining whether, and how, to deny or restrict ‘‘(2) MIDDLE SCHOOL STUDENTS.—The Sec- the public awareness campaign based upon access to the data system; and retary, in cooperation with States, institu- relevant independent research and the infor- ‘‘(C) determining the steps necessary to re- tions of higher education, other organiza- mation and dissemination strategies found open access to the data system following a tions involved in college access and student most effective in implementing paragraphs denial or restriction of access.’’; and financial aid, middle schools, and programs (1) through (4).

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‘‘(c) AVAILABILITY OF NONBINDING ESTI- from the lender or group of lenders, except ‘‘(iii) establish a process to ensure that MATES OF FEDERAL FINANCIAL AID ELIGI- that the employee may be reimbursed for lenders are placed upon the preferred lender BILITY.— reasonable expenses incurred in serving on list on the basis of the benefits provided to ‘‘(1) IN GENERAL.—The Secretary, in co- such advisory board, commission or group. borrowers, including — operation with States, institutions of higher ‘‘(v) INTERACTION WITH BORROWERS.—The ‘‘(I) highly competitive interest rates, education, and other agencies and organiza- institution will not— terms, or conditions for loans made under tions involved in student financial aid, shall ‘‘(I) for any first-time borrower, assign, part B; provide, via a printed form and the Internet through award packaging or other methods, ‘‘(II) high-quality customer service for or other electronic means, the capability for the borrower’s loan to a particular lender; such loans; or individuals to determine easily, by entering and ‘‘(III) additional benefits beyond the stand- relevant data, nonbinding estimates of ‘‘(II) refuse to certify, or, delay certifi- ard terms and conditions for such loans. amounts of grant and loan aid an individual cation of, any loan in accordance with para- ‘‘(B) DEFINITION OF AFFILIATE; CONTROL.— may be eligible for under this title upon graph (6) based on the borrower’s selection of ‘‘(i) DEFINITION OF AFFILIATE.—For the pur- completion and processing of an application a particular lender or guaranty agency. poses of subparagraph (A)(ii) the term ‘affil- and enrollment in an institution of higher ‘‘(B) DESIGNATION.—The institution will iate’ means a person that controls, is con- education. designate an individual who shall be respon- trolled by, or is under common control with, ‘‘(2) DATA ELEMENTS.—The Secretary, in sible for signing an annual attestation on be- another person. cooperation with States, institutions of half of the institution that the institution ‘‘(ii) CONTROL.—For purposes of subpara- higher education, and other agencies and or- agrees to, and is in compliance with, the re- graph (A)(ii), a person has control over an- ganizations involved in student financial aid, quirements of the code of conduct described other person if— shall determine the data elements that are in this paragraph. Such individual shall be ‘‘(I) the person directly or indirectly, or necessary to create a simplified form that the chief executive officer, chief operating acting through 1 or more others, owns, con- individuals can use to obtain easily non- officer, chief financial officer, or comparable trols, or has the power to vote 5 percent or binding estimates of the amounts of grant official, of the institution, and shall annu- more of any class of voting securities of such and loan aid an individual may be eligible ally submit the signed attestation to the other person; for under this title. Secretary. ‘‘(II) the person controls, in any manner, ‘‘(3) QUALIFICATION TO USE SIMPLIFIED AP- ‘‘(C) AVAILABILITY.—The institution will the election of a majority of the directors or PLICATION.—The capability provided under make the code of conduct widely available to trustees of such other person; or this paragraph shall include the capability the institution’s faculty members, students, ‘‘(III) the Secretary determines (after no- to determine whether the individual is eligi- and parents through a variety of means, in- tice and opportunity for a hearing) that the ble to submit a simplified application form cluding the institution’s website.’’; person directly or indirectly exercises a con- under paragraph (2)(B) or (3)(B) of section (C) in paragraph (24) (as redesignated by trolling interest over the management or 483(a).’’. subparagraph (A)), by adding at the end the policies of such other person. SEC. 481. PROGRAM PARTICIPATION AGREE- following: ‘‘(C) LIST OF LENDER AFFILIATES.—The Sec- MENTS. ‘‘(D) In the case of a proprietary institu- retary, in consultation with the Director of Section 487 (20 U.S.C. 1094) is amended— tion of higher education as defined in section the Federal Deposit Insurance Corporation, (1) in subsection (a)— 102(b), the institution shall be considered in shall maintain and update a list of lender af- (A) by redesignating paragraphs (21), (22), compliance with the requirements of sub- filiates of all eligible lenders, and shall pro- and (23) as paragraphs (22), (23), and (24), re- paragraph (A) for any student to whom the vide such list to the eligible institutions for spectively; institution electronically transmits a mes- use in carrying out subparagraph (A).’’; (B) by inserting after paragraph (20) the sage containing a voter registration form ac- (2) in subsection (c)(1)(A)(i), by inserting ‘‘, following: ceptable for use in the State in which the in- except that the Secretary may modify the ‘‘(21) CODE OF CONDUCT.— stitution is located, or an Internet address requirements of this clause with regard to an ‘‘(A) IN GENERAL.—The institution will es- where such a form can be downloaded, if such institution outside the United States’’ before tablish, follow, and enforce a code of conduct information is in an electronic message de- the semicolon at the end; regarding student loans that includes not voted solely to voter registration.’’; and (3) by redesignating subsections (d) and (e) less than the following: (D) by adding at the end the following: as subsection (f) and (g), respectively; ‘‘(i) REVENUE SHARING PROHIBITION.—The ‘‘(25) In the case of a proprietary institu- (4) by inserting after subsection (c) the fol- institution is prohibited from receiving any- tion of higher education as defined in section lowing: thing of value from any lender in exchange 102(b), the institution will, as calculated in ‘‘(d) INSTITUTIONAL REQUIREMENTS FOR for any advantage sought by the lender to accordance with subsection (h)(1), have not TEACH-OUTS.— make educational loans to a student en- less than 10 percent of its revenues from ‘‘(1) IN GENERAL.—In the event the Sec- rolled, or who is expected to be enrolled, at sources other than funds provided under this retary initiates the limitation, suspension, the institution, except that an institution title, or will be subject to the sanctions de- or termination of the participation of an in- shall not be prohibited from receiving a phil- scribed in subsection (h)(2). stitution of higher education in any program anthropic contribution from a lender if the ‘‘(26) PREFERRED LENDER LISTS.— under this title under the authority of sub- contribution is not made in exchange for any ‘‘(A) IN GENERAL.—In the case of an institu- section (c)(1)(F) or initiates an emergency such advantage. tion (including an employee or agent of an action under the authority of subsection ‘‘(ii) GIFT AND TRIP PROHIBITION.—Any em- institution) that maintains a preferred lend- (c)(1)(G) and its prescribed regulations, the ployee who is employed in the financial aid er list, in print or any other medium, Secretary shall require that institution to office of the institution, or who otherwise through which the institution recommends prepare a teach-out plan for submission to has responsibilities with respect to edu- one or more specific lenders for loans made the institution’s accrediting agency or asso- cational loans or other financial aid of the under part B to the students attending the ciation in compliance with section 496(c)(4), institution, is prohibited from taking from institution (or the parents of such students), the Secretary’s regulations on teach-out any lender any gift or trip worth more than the institution will— plans, and the standards of the institution’s nominal value, except for reasonable ex- ‘‘(i) clearly and fully disclose on the pre- accrediting agency or association. penses for professional development that will ferred lender list— ‘‘(2) TEACH-OUT PLAN DEFINED.—In this sub- improve the efficiency and effectiveness of ‘‘(I) why the institution has included each section, the term ‘teach-out plan’ means a programs under this title and for domestic lender as a preferred lender, especially with written plan that provides for the equitable travel to such professional development. respect to terms and conditions favorable to treatment of students if an institution of ‘‘(iii) CONTRACTING ARRANGEMENTS.—Any the borrower; and higher education ceases to operate before all employee who is employed in the financial ‘‘(II) that the students attending the insti- students have completed their program of aid office of the institution, or who other- tution (or the parents of such students) do study, and may include, if required by the in- wise has responsibilities with respect to edu- not have to borrow from a lender on the pre- stitution’s accrediting agency or association, cational loans or other financial aid of the ferred lender list; an agreement between institutions for such a institution, shall be prohibited from entering ‘‘(ii) ensure, through the use of the list teach-out plan. into any type of consulting arrangement or provided by the Secretary under subpara- ‘‘(e) VIOLATION OF CODE OF CONDUCT RE- other contract to provide services to a lend- graph (C), that— GARDING STUDENT LOANS.— er. ‘‘(I) there are not less than 3 lenders named ‘‘(1) IN GENERAL.—Upon a finding by the ‘‘(iv) ADVISORY BOARD COMPENSATION.—Any on the preferred lending list that are not af- Secretary, after reasonable notice and an op- employee who is employed in the financial filiates of each other; and portunity for a hearing, that an institution aid office of the institution, or who other- ‘‘(II) the preferred lender list— of higher education that has entered into a wise has responsibilities with respect to edu- ‘‘(aa) specifically indicates, for each lender program participation agreement with the cational loans or other student financial aid on the list, whether the lender is or is not an Secretary under subsection (a) willfully con- of the institution, and who serves on an advi- affiliate of each other lender on the list; and travened the institution’s attestation of sory board, commission, or group established ‘‘(bb) if the lender is an affiliate of another compliance with the provisions of subsection by a lender or group of lenders shall be pro- lender on the list, describes the specifics of (a)(21), the Secretary may impose a penalty hibited from receiving anything of value such affiliation; and described in paragraph (2).

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‘‘(2) PENALTIES.—A violation of paragraph the Secretary, that it is in compliance with (A) in subparagraph (B), by striking ‘‘and’’ (1) shall result in the limitation, suspension, subsection (a)(27). after the semicolon; or termination of the eligibility of the insti- ‘‘(B) FAILURE TO MEET REQUIREMENT FOR 2 (B) in subparagraph (C), by striking the pe- tution for the loan programs under this YEARS.—An institution that fails to meet the riod and inserting a semicolon; and title.’’; and requirements of subsection (a)(27) for 2 con- (C) by adding at the end the following: (5) by adding at the end the following: secutive years shall be ineligible to partici- ‘‘(D) to provide knowledge and under- ‘‘(h) IMPLEMENTATION OF NONTITLE IV REV- pate in the programs authorized under this standing of early intervention programs, and ENUE REQUIREMENT.— title until the institution demonstrates, to to make recommendations that will result in ‘‘(1) CALCULATION.—In carrying out sub- the satisfaction of the Secretary, that it is early awareness by low- and moderate-in- section (a)(27), a proprietary institution of in compliance with subsection (a)(27). come students and families— higher education (as defined in section ‘‘(3) PUBLIC AVAILABILITY OF INFORMA- ‘‘(i) of their eligibility for assistance under 102(b)) shall use the cash basis of accounting TION.—The Secretary shall make publicly this title; and and count the following funds as from available, through the means described in ‘‘(ii) to the extent practicable, of their eli- sources of funds other than funds provided subsection (b) of section 131, any institution gibility for other forms of State and institu- under this title: that fails to meet the requirements of sub- tional need-based student assistance; and ‘‘(A) Funds used by students from sources section (a)(27) in any year as an institution ‘‘(E) to make recommendations that will other than funds received under this title to that is failing to meet the minimum non- expand and improve partnerships among the pay tuition, fees, and other institutional Federal source of revenue requirements of Federal Government, States, institutions of charges to the institution, provided the in- such subsection (a)(27).’’. higher education, and private entities to in- stitution can reasonably demonstrate that SEC. 482. REGULATORY RELIEF AND IMPROVE- crease the awareness and the total amount such funds were used for such purposes. MENT. of need-based student assistance available to ‘‘(B) Funds used by the institution to sat- Section 487A(b) (20 U.S.C. 1094a(b)) is low- and moderate-income students.’’; isfy matching-fund requirements for pro- amended— (2) in subsection (c), by adding at the end grams under this title. (1) in paragraph (1)— the following: ‘‘(C) Funds used by a student from savings (A) by striking ‘‘1998’’ and inserting ‘‘2007’’ ‘‘(3) The appointment of a member under plans for educational expenses established by ; and subparagraph (A) or (B) of paragraph (1) shall or on behalf of the student and which qualify be effective upon confirmation of the mem- (B) by striking ‘‘1999’’ and inserting ‘‘2008’’; for special tax treatment under the Internal ber by the Senate and publication of such ap- and Revenue Code of 1986. pointment in the Congressional Record.’’; (2) by striking the matter preceding para- ‘‘(D) Funds paid by a student, or on behalf (3) in subsection (d)(6), by striking ‘‘, but graph (2)(A) and inserting the following: of a student by a party other than the insti- nothing’’ and all that follows through ‘‘or ‘‘(2) REPORT.—The Secretary shall review tution, to the institution for an education or analyses’’; and evaluate the experience of institutions training program that is not eligible for (4) in subsection (j)— participating as experimental sites and funds under this title, provided that the pro- (A) in paragraph (1)— shall, on a biennial basis, submit a report gram is approved or licensed by the appro- (i) by inserting ‘‘and simplification’’ after based on the review and evaluation to the priate State agency or an accrediting agency ‘‘modernization’’ each place the term ap- recognized by the Secretary. authorizing committees. Such report shall pears; and ‘‘(E) Funds generated by the institution include—’’; and (ii) by striking ‘‘including’’ and all that from institutional activities that are nec- (3) in paragraph (3)— follows through ‘‘Department,’’; and essary for the education and training of the (A) in subparagraph (A)— (B) by striking paragraphs (4) and (5) and institution’s students, if such activities (i) by striking ‘‘Upon the submission of the inserting the following: are— report required by paragraph (2), the’’ and ‘‘(4) conduct a review and analysis of regu- ‘‘(i) conducted on campus or at a facility inserting ‘‘The’’; and lations in accordance with subsection (l); and under the control of the institution; (ii) by inserting ‘‘periodically’’ after ‘‘au- ‘‘(5) conduct a study in accordance with ‘‘(ii) performed under the supervision of a thorized to’’; subsection (m).’’; member of the institution’s faculty; and (B) by striking subparagraph (B); (5) in subsection (k), by striking ‘‘2004’’ and ‘‘(iii) required to be performed by all stu- (C) by redesignating subparagraph (C) as inserting ‘‘2013’’; and dents in a specific educational program at subparagraph (B); and (6) by adding at the end the following: the institution. (D) in subparagraph (B) (as redesignated by ‘‘(l) REVIEW AND ANALYSIS OF REGULA- ‘‘(F) Institutional aid, as follows: subparagraph (C))— TIONS.— ‘‘(i) In the case of loans made by the insti- (i) by inserting ‘‘, including requirements ‘‘(1) RECOMMENDATIONS.—The Advisory tution, only the amount of loan repayments related to the award process and disburse- Committee shall make recommendations to received by the institution during the fiscal ment of student financial aid (such as inno- the Secretary and Congress for consideration year for which the determination is made. vative delivery systems for modular or com- of future legislative action regarding redun- ‘‘(ii) In the case of scholarships provided by pressed courses, or other innovative sys- dant or outdated regulations under this title, the institution, only those scholarship funds tems), verification of student financial aid consistent with the Secretary’s requirements provided by the institution that are— application data, entrance and exit inter- under section 498B. ‘‘(I) in the form of monetary aid based views, or other management procedures or ‘‘(2) REVIEW AND ANALYSIS OF REGULA- upon the academic achievements or financial processes as determined in the negotiated TIONS.—The Advisory Committee shall con- need of students; and rulemaking process under section 492’’ after duct a review and analysis of the regulations ‘‘(II) disbursed during the fiscal year for ‘‘requirements in this title’’; issued under this title that are in effect at which the determination is made from an es- (ii) by inserting ‘‘(other than an award rule the time of the review and that apply to the tablished restricted account and only to the related to an experiment in modular or com- operations or activities of participants in the extent that the funds in that account rep- pressed schedules)’’ after ‘‘award rules’’; and programs assisted under this title. The re- resent designated funds from an outside (iii) by inserting ‘‘unless the waiver of such view and analysis may include a determina- source or income earned on those funds. provisions is authorized by another provision tion of whether the regulation is duplicative, ‘‘(iii) In the case of tuition discounts, only under this title’’ before the period at the is no longer necessary, is inconsistent with those tuition discounts based upon the aca- end. other Federal requirements, or is overly bur- demic achievement or financial need of stu- SEC. 483. TRANSFER OF ALLOTMENTS. densome. In conducting the review, the Advi- dents. Section 488 (20 U.S.C. 1095) is amended in sory Committee shall pay specific attention ‘‘(2) SANCTIONS.— the first sentence— to evaluating ways in which regulations ‘‘(A) FAILURE TO MEET REQUIREMENT FOR 1 (1) in paragraph (1), by striking ‘‘and’’ under this title affecting institutions of YEAR.—In addition to such other means of after the semicolon; higher education (other than institutions de- enforcing the requirements of this title as (2) in paragraph (2), by striking ‘‘413D.’’ scribed in section 102(a)(1)(C)), that have re- may be available to the Secretary, if an in- and inserting ‘‘413D; and’’; and ceived in each of the 2 most recent award stitution fails to meet the requirements of (3) by adding at the end ‘‘(3) transfer 25 years prior to the date of enactment of the subsection (a)(27) in any year, the Secretary percent of the institution’s allotment under Higher Education Amendments of 2007 less may impose 1 or both of the following sanc- section 413D to the institution’s allotment than $200,000 in funds through this title, may tions on the institution: under section 442.’’. be improved, streamlined, or eliminated. ‘‘(i) Place the institution on provisional SEC. 484. PURPOSE OF ADMINISTRATIVE PAY- ‘‘(3) CONSULTATION.— certification in accordance with section MENTS. ‘‘(A) IN GENERAL.—In carrying out the re- 498(h) until the institution demonstrates, to Section 489(b) (20 U.S.C. 1096(b)) is amended view and analysis under paragraph (2), the the satisfaction of the Secretary, that it is by striking ‘‘offsetting the administrative Advisory Committee shall consult with the in compliance with subsection (a)(27). costs of’’ and inserting ‘‘administering’’. Secretary, relevant representatives of insti- ‘‘(ii) Require such other increased moni- SEC. 485. ADVISORY COMMITTEE ON STUDENT FI- tutions of higher education, and individuals toring and reporting requirements as the NANCIAL ASSISTANCE. who have expertise and experience with the Secretary determines necessary until the in- Section 491 (20 U.S.C. 1098) is amended— regulations issued under this title, in accord- stitution demonstrates, to the satisfaction of (1) in subsection (a)(2)— ance with subparagraph (B).

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‘‘(B) REVIEW PANELS.—The Advisory Com- ‘‘(B) CONGRESSIONAL CONSULTATION.—The as established by the institution, including, mittee shall convene not less than 2 review Advisory Committee shall consult on a reg- as appropriate, consideration of State licens- panels of representatives of the groups in- ular basis with the authorizing committees ing examinations and job placement rates;’’; volved in student financial assistance pro- in carrying out the study required by this (C) by striking paragraph (6) and inserting grams under this title who have experience section. the following: and expertise in the regulations issued under ‘‘(5) REPORTS TO CONGRESS.— ‘‘(6) such an agency or association shall es- this title to review the regulations under ‘‘(A) INTERIM REPORT.—The Advisory Com- tablish and apply review procedures through- this title, and to provide recommendations mittee shall prepare and submit to the au- out the accrediting process, including eval- to the Advisory Committee with respect to thorizing committees and the Secretary an uation and withdrawal proceedings which the review and analysis under paragraph (2). interim report, not later than 1 year after comply with due process procedures that The panels shall be made up of experts in the date of enactment of the Higher Edu- provide for— areas such as the operations of the financial cation Amendments of 2007, describing the ‘‘(A) adequate specification of require- assistance programs, the institutional eligi- progress that has been made in conducting ments and deficiencies at the institution of bility requirements for the financial assist- the study required by this subsection and higher education or program examined; ance programs, regulations not directly re- any preliminary findings on the topics iden- ‘‘(B) an opportunity for a written response lated to the operations or the institutional tified under paragraph (2). by any such institution to be included, prior eligibility requirements of the financial as- ‘‘(B) FINAL REPORT.—The Advisory Com- to final action, in the evaluation and with- sistance programs, and regulations for dis- mittee shall, not later than 3 years after the drawal proceedings; semination of information to students about date of enactment of the Higher Education ‘‘(C) upon the written request of an institu- the financial assistance programs. Amendments of 2007, prepare and submit to tion, an opportunity for the institution to ‘‘(4) REPORTS TO CONGRESS.—The Advisory the authorizing committees and the Sec- appeal any adverse action, including denial, Committee shall submit, not later than 2 retary a final report on the study, including withdrawal, suspension, or termination of years after the completion of the negotiated recommendations for legislative, regulatory, accreditation, or placement on probation of rulemaking process required under section and administrative changes based on find- an institution, at a hearing prior to such ac- 492 resulting from the amendments to this ings related to the topics identified under tion becoming final, before an appeals panel Act made by the Higher Education Amend- paragraph (2).’’. that— ments of 2007, a report to the authorizing ‘‘(i) shall not include current members of SEC. 486. REGIONAL MEETINGS. committees and the Secretary detailing the Section 492(a)(1) (20 U.S.C. 1098a(a)(1)) is the agency or association’s underlying deci- expert panels’ findings and recommendations amended by inserting ‘‘State student grant sion-making body that made the adverse de- with respect to the review and analysis agencies,’’ after ‘‘institutions of higher edu- cision; and under paragraph (2). ‘‘(ii) is subject to a conflict of interest pol- cation,’’. ‘‘(5) ADDITIONAL SUPPORT.—The Secretary icy; and and the Inspector General of the Department SEC. 487. YEAR 2000 REQUIREMENTS AT THE DE- ‘‘(D) the right to representation by counsel PARTMENT. shall provide such assistance and resources for such an institution during an appeal of (a) REPEAL.—Section 493A (20 U.S.C. 1098c) to the Advisory Committee as the Secretary the adverse action;’’; and is repealed. and Inspector General determine are nec- (D) by striking paragraph (8) and inserting (b) REDESIGNATION.—Section 493B (20 essary to conduct the review required by this U.S.C. 1098d) is redesignated as section 493A. the following: subsection. ‘‘(8) such agency or association shall make ‘‘(m) STUDY OF INNOVATIVE PATHWAYS TO PART G—PROGRAM INTEGRITY available to the public and the State licens- BACCALAUREATE DEGREE ATTAINMENT.— SEC. 491. RECOGNITION OF ACCREDITING AGEN- ing or authorizing agency, and submit to the ‘‘(1) STUDY REQUIRED.—The Advisory Com- CY OR ASSOCIATION. Secretary, a summary of agency or associa- mittee shall conduct a study of the feasi- Section 496 (20 U.S.C. 1099b) is amended— tion actions, including— bility of increasing baccalaureate degree at- (1) in subsection (a)— ‘‘(A) the award of accreditation or re- tainment rates by reducing the costs and fi- (A) by striking paragraph (4) and inserting accreditation of an institution; nancial barriers to attaining a baccalaureate the following: ‘‘(B) final denial, withdrawal, suspension, degree through innovative programs. ‘‘(4)(A) such agency or association consist- or termination of accreditation, or place- ‘‘(2) SCOPE OF STUDY.—The Advisory Com- ently applies and enforces standards that re- ment on probation of an institution, and any mittee shall examine new and existing pro- spect the stated mission of the institution of findings made in connection with the action grams that promote baccalaureate degree at- higher education, including religious mis- taken, together with the official comments tainment through innovative ways, such as sions, and that ensure that the courses or of the affected institution; and dual or concurrent enrollment programs, programs of instruction, training, or study ‘‘(C) any other adverse action taken with changes made to the Federal Pell Grant pro- offered by the institution of higher edu- respect to an institution.’’; gram, simplification of the needs analysis cation, including distance education courses (2) in subsection (c)— process, compressed or modular scheduling, or programs, are of sufficient quality to (A) in paragraph (1), by inserting ‘‘, includ- articulation agreements, and programs that achieve, for the duration of the accreditation ing those regarding distance education’’ allow 2-year institutions of higher education period, the stated objective for which the after ‘‘their responsibilities’’; to offer baccalaureate degrees. courses or the programs are offered; and (B) by redesignating paragraphs (2) ‘‘(3) REQUIRED ASPECTS OF THE STUDY.—In ‘‘(B) if such agency or association has or through (6) as paragraphs (5) through (9); performing the study described in this sub- seeks to include within its scope of recogni- (C) by inserting after paragraph (1) (as section, the Advisory Committee shall exam- tion the evaluation of the quality of institu- amended by subparagraph (A)) the following: ine the following aspects of such innovative tions or programs offering distance edu- ‘‘(2) ensures that the agency or associa- programs: cation, such agency or association shall, in tion’s on-site evaluation for accreditation or ‘‘(A) The impact of such programs on bac- addition to meeting the other requirements reaccreditation includes review of the Feder- calaureate attainment rates. of this subpart, demonstrate to the Sec- ally required information the institution or ‘‘(B) The degree to which a student’s total retary that— program provides its current and prospective cost of attaining a baccalaureate degree can ‘‘(i) the agency or association’s standards students; be reduced by such programs. effectively address the quality of an institu- ‘‘(3) monitors the growth of programs at ‘‘(C) The ways in which low- and moderate- tion’s distance education in the areas identi- institutions that are experiencing signifi- income students can be specifically targeted fied in section 496(a)(5), except that the agen- cant enrollment growth; by such programs. cy or association shall not be required to ‘‘(4) requires an institution to submit a ‘‘(D) The ways in which nontraditional stu- have separate standards, procedures or poli- teach-out plan for approval to the accred- dents can be specifically targeted by such cies for the evaluation of distance education iting agency upon the occurrence of any of programs. institutions or programs in order to meet the following events: ‘‘(E) The cost-effectiveness for the Federal the requirements of this subparagraph; and ‘‘(A) The Department notifies the accred- Government, States, and institutions of ‘‘(ii) the agency or association requires an iting agency of an action against the institu- higher education to implement such pro- institution that offers distance education to tion pursuant to section 487(d). grams. have processes through which the institution ‘‘(B) The accrediting agency acts to with- ‘‘(4) CONSULTATION.— establishes that the student who registers in draw, terminate, or suspend the accredita- ‘‘(A) IN GENERAL.—In performing the study a distance education course or program is tion of an institution. described in this subsection the Advisory the same student who participates in and ‘‘(C) The institution notifies the accred- Committee shall consult with a broad range completes the program and receives the aca- iting agency that the institution intends to of interested parties in higher education, in- demic credit;’’; cease operations.’’; cluding parents, students, appropriate rep- (B) in paragraph (5), by striking subpara- (D) in paragraph (8) (as redesignated by resentatives of secondary schools and insti- graph (A) and inserting the following: subparagraph (B)), by striking ‘‘and’’ after tutions of higher education, appropriate ‘‘(A) success with respect to student the semicolon; State administrators, administrators of dual achievement in relation to the institution’s (E) in subparagraph (9) (as redesignated by or concurrent enrollment programs, and ap- mission, which may include different stand- subparagraph (B)), by striking the period and propriate Department officials. ards for different institutions or programs, inserting ‘‘; and’’; and

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00165 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10022 CONGRESSIONAL RECORD — SENATE July 25, 2007 (F) by adding at the end the following: ‘‘SEC. 499A. ACCESS TO TIMELY INFORMATION SEC. 495. AUCTION EVALUATION AND REPORT. ‘‘(10) confirms, as a part of the agency or ABOUT LOANS. (a) EVALUATION.—If Congress enacts an Act association’s review for accreditation or re- ‘‘(a) REGULAR BILL PROVIDING PERTINENT that authorizes the Secretary of Education accreditation, that the institution has trans- INFORMATION ABOUT A LOAN.—A lender of a to carry out a pilot program under which the fer of credit policies— loan made, insured, or guaranteed under this Secretary establishes a mechanism for an ‘‘(A) that are publicly disclosed; and title shall provide the borrower of such loan auction of Federal PLUS Loans, then the ‘‘(B) that include a statement of the cri- a bill each month or, in the case of a loan Comptroller General shall evaluate such teria established by the institution regard- payable less frequently than monthly, a bill pilot program. The evaluation shall deter- ing the transfer of credit earned at another that corresponds to each payment install- mine— institution of higher education.’’; ment time period, including a clear and con- (1) the extent of the savings to the Federal (3) in subsection (g), by adding at the end spicuous notice of— Government that are generated through the the following: ‘‘Nothing in this section shall ‘‘(1) the borrower’s principal borrowed; pilot program, compared to the cost the Fed- be construed to permit the Secretary to es- ‘‘(2) the borrower’s current balance; eral Government would have incurred in op- tablish any criteria that specifies, defines, or ‘‘(3) the interest rate on such loan; erating the parent loan program under sec- prescribes the standards that accrediting ‘‘(4) the amount the borrower has paid in tion 428B of the Higher Education Act of 1965 agencies or associations shall use to assess interest; in the absence of the pilot program; any institution’s success with respect to stu- ‘‘(5) the amount of additional interest pay- (2) the number of lenders that participated dent achievement.’’; and ments the borrower is expected to pay over in the pilot program, and the extent to (4) in subsection (o), by adding at the end the life of the loan; which the pilot program generated competi- the following: ‘‘Notwithstanding any other ‘‘(6) the total amount the borrower has tion among lenders to participate in the auc- provision of law, the Secretary shall not pro- paid for the loan, including the amount the tions under the pilot program; mulgate any regulation with respect to sub- borrower has paid in interest, the amount (3) the effect of the transition to and oper- section (a)(5).’’. the borrower has paid in fees, and the ation of the pilot program on the ability of— SEC. 492. ADMINISTRATIVE CAPACITY STANDARD. amount the borrower has paid against the (A) lenders participating in the pilot pro- Section 498 (20 U.S.C. 1099c) is amended— balance, in a brief, borrower-friendly man- gram to originate loans made through the (1) in subsection (d)(1)(B), by inserting ner; pilot program smoothly and efficiently; ‘‘and’’ after the semicolon; and ‘‘(7) a description of each fee the borrower (B) institutions of higher education par- (2) by adding at the end the following: has been charged for the current payment ticipating in the pilot program to disburse ‘‘(k) TREATMENT OF TEACH-OUTS AT ADDI- period; loans made through the pilot program TIONAL LOCATIONS.— ‘‘(8) the date by which the borrower needs smoothly and efficiently; and ‘‘(1) IN GENERAL.—A location of a closed in- to make a payment in order to avoid addi- (C) the ability of parents to obtain loans stitution of higher education shall be eligi- tional fees; made through the pilot program in a timely ble as an additional location of an eligible ‘‘(9) the amount of such payment that will and efficient manner; institution of higher education, as defined be applied to the interest, the balance, and (4) the differential impact, if any, of the pursuant to regulations of the Secretary, for any fees on the loan; and auction among the States, including between the purposes of a teach-out, if such teach-out ‘‘(10) the lender’s address and toll-free rural and non-rural States; and has been approved by the institution’s ac- phone number for payment and billing error (5) the feasibility of using the mechanism crediting agency. purposes. piloted to operate the other loan programs ‘‘(2) SPECIAL RULE.—An institution of high- under part B of title IV of the Higher Edu- er education that conducts a teach-out ‘‘(b) INFORMATION PROVIDED BEFORE COM- cation Act of 1965. through the establishment of an additional MENCEMENT OF REPAYMENT.—A lender of a (b) REPORTS.—The Comptroller General location described in paragraph (1) shall be loan made, insured, or guaranteed under this title shall provide to the borrower of such shall— permitted to establish a permanent addi- (1) not later than September 1, 2010, submit tional location at a closed institution and loan, at least one month before the loan en- ters repayment, a clear and conspicuous no- to the authorizing committees (as defined in shall not be required— section 103 of the Higher Education Act of ‘‘(A) to meet the requirements of sections tice of not less than the following informa- 1965 (20 U.S.C. 1003)) a preliminary report re- 102(b)(1)(E) and 102(c)(1)(C) for such addi- tion: garding the findings of the evaluation de- tional location; or ‘‘(1) The borrower’s options, including re- scribed in subsection (a); ‘‘(B) to assume the liabilities of the closed payment plans, deferments, forbearances, (2) not later than September 1, 2012, submit institution.’’. and discharge options to which the borrower may be entitled. to the authorizing committees an interim re- SEC. 493. PROGRAM REVIEW AND DATA. port regarding such findings; and Section 498A(b) (20 U.S.C. 1099c–1(b)) is ‘‘(2) The conditions under which a borrower (3) not later than September 1, 2014, submit amended— may be charged any fee, and the amount of to the authorizing committees a final report (1) in paragraph (4), by striking ‘‘and’’ such fee. regarding such findings. after the semicolon; ‘‘(3) The conditions under which a loan (2) in paragraph (5) by striking the period may default, and the consequences of de- TITLE V—DEVELOPING INSTITUTIONS and inserting a semicolon; and fault. SEC. 501. AUTHORIZED ACTIVITIES. (3) by adding at the end the following: ‘‘(4) Resources, including nonprofit organi- Section 503(b) (20 U.S.C. 1101b(b)) is amend- ‘‘(6) provide to an institution of higher zations, advocates, and counselors (including ed— education an adequate opportunity to review the Office of the Ombudsman at the Depart- (1) by redesignating paragraphs (6) through and respond to any program review report ment), where borrowers can receive advice (14) as paragraphs (8) through (16), respec- and relevant materials related to the report and assistance, if such resources exist. tively; before any final program review report is ‘‘(c) INFORMATION PROVIDED DURING DELIN- (2) in paragraph (5), by inserting ‘‘, includ- issued; QUENCY.—In addition to any other informa- ing innovative, customized remedial edu- ‘‘(7) review and take into consideration an tion required under law, a lender of a loan cation and English language instruction institution of higher education’s response in made, insured, or guaranteed under this title courses designed to help retain students and any final program review report or audit de- shall provide a borrower in delinquency with move the students rapidly into core courses termination, and include in the report or de- a clear and conspicuous notice of the date on and through program completion’’ before the termination— which the loan will default if no payment is period at the end; ‘‘(A) a written statement addressing the made, the minimum payment that must be (3) by inserting after paragraph (5) the fol- institution of higher education’s response; made to avoid default, discharge options to lowing: ‘‘(B) a written statement of the basis for which the borrower may be entitled, re- ‘‘(6) Education or counseling services de- such report or determination; and sources, including nonprofit organizations, signed to improve the financial literacy and ‘‘(C) a copy of the institution’s response; advocates, and counselors (including the Of- economic literacy of students or the stu- and fice of the Ombudsman at the Department), dents’ parents. ‘‘(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;

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00166 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10023 (2) by redesignating sections 511 through amended by striking ‘‘subsection (b)’’ and in- ‘‘(ii) State educational agencies or local 518 as sections 521 through 528, respectively; serting ‘‘subsection (c)’’. educational agencies.’’; and SEC. 504. COOPERATIVE ARRANGEMENTS. (iii) in subparagraph (D) (as redesignated (3) by inserting after section 505 the fol- Section 524(a) (as redesignated by section by clause (i)) by inserting ‘‘, including Fed- lowing: 502(a)(2)) (20 U.S.C. 1103c(a)) is amended by eral or State scholarship programs for stu- ‘‘PART B—PROMOTING POSTBACCALAU- striking ‘‘section 503’’ and inserting ‘‘sec- dents in related areas’’ before the period at REATE OPPORTUNITIES FOR HISPANIC tions 503 and 512’’. the end; and AMERICANS SEC. 505. AUTHORIZATION OF APPROPRIATIONS. (iv) in subparagraph (F) (as redesignated ‘‘SEC. 511. PROGRAM AUTHORITY AND ELIGI- Section 528(a) (as redesignated by section by clause (i)), by striking ‘‘and (D)’’ and in- BILITY. 502(a)(2)) (20 U.S.C. 1103g(a)) is amended— serting ‘‘(D), and (E)’’; ‘‘(a) PROGRAM AUTHORIZED.—Subject to the (1) by inserting ‘‘part A of’’ after ‘‘carry (2) in subsection (b)— availability of funds appropriated to carry out’’; (A) in the subsection heading, by striking out this part, the Secretary shall award (2) by striking ‘‘$62,500,000 for fiscal year ‘‘GRADUATE’’; and grants, on a competitive basis, to eligible in- 1999’’ and all that follows through the period (B) by striking paragraph (2) and inserting stitutions to enable the eligible institutions and inserting ‘‘such sums as may be nec- the following: to carry out the authorized activities de- essary for fiscal year 2008 and each of the 5 ‘‘(2) ELIGIBLE STUDENTS.—A student receiv- scribed in section 512. succeeding fiscal years.’’; ing a stipend described in paragraph (1) shall ‘‘(b) ELIGIBILITY.—For the purposes of this (3) by striking ‘‘(a) AUTHORIZATIONS.— be engaged— part, an ‘eligible institution’ means an insti- There are’’ and inserting the following: ‘‘(A) in an instructional program with stat- tution of higher education that— ‘‘(a) AUTHORIZATIONS.— ed performance goals for functional foreign ‘‘(1) is a Hispanic-serving institution (as ‘‘(1) PART A.—There are’’; and language use or in a program developing defined in section 502); and (4) by adding at the end the following: such performance goals, in combination with ‘‘(2) offers a postbaccalaureate certificate ‘‘(2) PART B.—There are authorized to be area studies, international studies, or the or degree granting program. appropriated to carry out part B of this title international aspects of a professional stud- ‘‘SEC. 512. AUTHORIZED ACTIVITIES. such sums as may be necessary for fiscal ies program; and ‘‘Grants awarded under this part shall be year 2008 and each of the 5 succeeding fiscal ‘‘(B)(i) in the case of an undergraduate stu- used for 1 or more of the following activities: years.’’. dent, in the intermediate or advanced study ‘‘(1) Purchase, rental, or lease of scientific TITLE VI—INTERNATIONAL EDUCATION of a less commonly taught language; or or laboratory equipment for educational pur- PROGRAMS ‘‘(ii) in the case of a graduate student, in poses, including instructional and research SEC. 601. FINDINGS. graduate study in connection with a program purposes. Section 601 (20 U.S.C. 1121) is amended— described in subparagraph (A), including— ‘‘(2) Construction, maintenance, renova- (1) in the section heading, by striking ‘‘(I) predissertation level study; tion, and improvement in classroom, library, ‘‘AND PURPOSES’’ and inserting ‘‘; PUR- ‘‘(II) preparation for dissertation research; laboratory, and other instructional facili- POSES; CONSULTATION; SURVEY’’; ‘‘(III) dissertation research abroad; or ties, including purchase or rental of tele- (2) in subsection (a)(3), by striking ‘‘post- ‘‘(IV) dissertation writing.’’; communications technology equipment or Cold War’’; (3) by striking subsection (d) and inserting services. (3) in subsection (b)(1)(D), by inserting ‘‘, the following: ‘‘(3) Purchase of library books, periodicals, including through linkages with overseas in- ‘‘(d) ALLOWANCES.— technical and other scientific journals, stitutions’’ before the semicolon; and ‘‘(1) GRADUATE LEVEL RECIPIENTS.—A sti- microfilm, microfiche, and other educational (4) by adding at the end the following: pend awarded to a graduate level recipient materials, including telecommunications ‘‘(c) CONSULTATION.—The Secretary shall, may include allowances for dependents and program materials. prior to requesting applications for funding for travel for research and study in the ‘‘(4) Support for needy postbaccalaureate under this title during each grant cycle, con- United States and abroad. students, including outreach, academic sup- sult with and receive recommendations re- ‘‘(2) UNDERGRADUATE LEVEL RECIPIENTS.—A port services, mentoring, scholarships, fel- garding national need for expertise in for- stipend awarded to an undergraduate level lowships, and other financial assistance, to eign languages and world regions from the recipient may include an allowance for edu- permit the enrollment of such students in head officials of a wide range of Federal cational programs in the United States or postbaccalaureate certificate and degree agencies. Such agencies shall provide infor- educational programs abroad that— granting programs. mation to the Secretary regarding how the ‘‘(A) are closely linked to the overall goals agencies utilize expertise and resources pro- ‘‘(5) Support of faculty exchanges, faculty of the recipient’s course of study; and vided by grantees under this title. The Sec- development, faculty research, curriculum ‘‘(B) have the purpose of promoting foreign retary shall take into account such rec- development, and academic instruction. language fluency and knowledge of foreign ommendations and information when re- ‘‘(6) Creating or improving facilities for cultures.’’; and questing applications for funding under this Internet or other distance education tech- title, and shall make available to applicants (4) by adding at the end the following: nologies, including purchase or rental of a list of areas identified as areas of national ‘‘(e) APPLICATION.—Each institution or telecommunications technology equipment need. combination of institutions desiring a grant or services. ‘‘(d) SURVEY.—The Secretary shall assist under this section shall submit an applica- ‘‘(7) Collaboration with other institutions grantees in developing a survey to admin- tion to the Secretary at such time, in such of higher education to expand ister to students who have participated in manner, and accompanied by such informa- postbaccalaureate certificate and degree of- programs under this title to determine tion and assurances as the Secretary may re- ferings. postgraduation placement. All grantees, quire. Each application shall include an ex- ‘‘(8) Other activities proposed in the appli- where applicable, shall administer such sur- planation of how the activities funded by the cation submitted pursuant to section 513 vey not less often than annually and report grant will reflect diverse perspectives and a that are approved by the Secretary as part of such data to the Secretary.’’. wide range of views and generate debate on the review and acceptance of such applica- SEC. 602. GRADUATE AND UNDERGRADUATE LAN- world regions and international affairs. Each tion. GUAGE AND AREA CENTERS AND application shall also describe how the appli- ‘‘SEC. 513. APPLICATION AND DURATION. PROGRAMS. cant will address disputes regarding whether ‘‘(a) APPLICATION.—Any eligible institution Section 602 (20 U.S.C. 1122) is amended— activities funded under the application re- may apply for a grant under this part by sub- (1) in subsection (a)— flect diverse perspectives and a wide range of mitting an application to the Secretary at (A) in paragraph (2)— views. Each application shall also include a such time and in such manner as the Sec- (i) in subparagraph (G), by striking ‘‘and’’ description of how the applicant will encour- retary may require. Such application shall after the semicolon; age government service in areas of national demonstrate how the grant funds will be (ii) in subparagraph (H), by striking the pe- need, as identified by the Secretary, as well used to improve postbaccalaureate education riod and inserting ‘‘; and’’; and as in needs in the education, business, and opportunities for Hispanic and low-income (iii) by adding at the end the following: nonprofit sectors.’’. students and will lead to such students’ ‘‘(I) support for instructors of the less com- greater financial independence. monly taught languages.’’; and SEC. 603. UNDERGRADUATE INTERNATIONAL ‘‘(b) DURATION.—Grants under this part (B) in paragraph (4)— STUDIES AND FOREIGN LANGUAGE shall be awarded for a period not to exceed 5 (i) by redesignating subparagraphs (C) PROGRAMS. years. through (E) as subparagraphs (D) through Section 604 (20 U.S.C. 1124) is amended— ‘‘(c) LIMITATION.—The Secretary may not (F), respectively; (1) in subsection (a)— award more than 1 grant under this part in (ii) by inserting after subparagraph (B) the (A) in paragraph (2)— any fiscal year to any Hispanic-serving insti- following: (i) by redesignating subparagraphs (I) tution.’’. ‘‘(C) Programs of linkage or outreach be- through (M) as subparagraphs (J) through SEC. 503. APPLICATIONS. tween or among— (N), respectively; and Section 521(b)(1)(A) (as redesignated by ‘‘(i) foreign language, area studies, or other (ii) by inserting after subparagraph (H) the section 502(a)(2)) (20 U.S.C. 1103(b)(1)(A)) is international fields; and following:

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00167 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10024 CONGRESSIONAL RECORD — SENATE July 25, 2007 ‘‘(I) providing subgrants to undergraduate ‘‘(B) A public or nonprofit private library. that, where applicable, the activities funded students for educational programs abroad ‘‘(C) A consortium of an institution of by the grant will reflect diverse perspectives that— higher education and 1 or more of the fol- and a wide range of views on world regions ‘‘(i) are closely linked to the overall goals lowing: and international affairs.’’. of the program for which the grant is award- ‘‘(i) Another institution of higher edu- SEC. 611. AUTHORIZATION OF APPROPRIATIONS ed; and cation. FOR BUSINESS AND INTERNATIONAL ‘‘(ii) have the purpose of promoting foreign ‘‘(ii) A library. EDUCATION PROGRAMS. language fluency and knowledge of foreign ‘‘(iii) A not-for-profit educational organi- Section 614 (20 U.S.C. 1130b) is amended— cultures;’’; and zation.’’; (1) in subsection (a), by striking (B) in paragraph (7)— (2) in subsection (b)— ‘‘$11,000,000 for fiscal year 1999’’ and all that (i) in subparagraph (C), by striking ‘‘and’’ (A) in paragraph (1), by striking ‘‘to facili- follows through ‘‘fiscal years’’ and inserting after the semicolon; tate access to’’ and inserting ‘‘to acquire, fa- ‘‘such sums as may be necessary for fiscal (ii) in subparagraph (D), by striking the pe- cilitate access to,’’; year 2008 and each of the 5 succeeding fiscal riod at the end and inserting a semicolon; (B) in paragraph (2), by inserting ‘‘or years’’; and and standards for’’ after ‘‘means of’’; (2) in subsection (b), by striking ‘‘$7,000,000 (iii) by adding at the end the following: (C) in paragraph (6), by striking ‘‘and’’ for fiscal year 1999’’ and all that follows ‘‘(E) a description of how the applicant will after the semicolon; through ‘‘fiscal years,’’ and inserting ‘‘such provide information to students regarding (D) in paragraph (7), by striking the period sums as may be necessary for fiscal year 2008 federally funded scholarship programs in re- and inserting a semicolon; and and each of the 5 succeeding fiscal years’’. lated areas; (E) by adding at the end the following: SEC. 612. MINORITY FOREIGN SERVICE PROFES- ‘‘(F) an explanation of how the activities ‘‘(8) to establish linkages to facilitate car- SIONAL DEVELOPMENT PROGRAM. funded by the grant will reflect diverse per- rying out the activities described in this sub- Section 621 (20 U.S.C. 1131) is amended— spectives and a wide range of views and gen- section between— (1) in subsection (c), by adding at the end erate debate on world regions and inter- ‘‘(A) the institutions of higher education, the following: ‘‘Each application shall in- national affairs, where applicable; libraries, and consortia receiving grants clude a description of how the activities ‘‘(G) a description of how the applicant will under this section; and funded by the grant will reflect diverse per- address disputes regarding whether the ac- ‘‘(B) institutions of higher education, not- spectives and a wide range of views on world tivities funded under the application reflect for-profit educational organizations, and li- regions and international affairs, where ap- diverse perspectives and a wide range of braries overseas; and plicable.’’; and views; and ‘‘(9) to carry out other activities that the (2) in subsection (e)— ‘‘(H) a description of how the applicant will Secretary determines are consistent with the (A) by striking ‘‘MATCH REQUIRED.—The el- encourage service in areas of national need purpose of the grants or contracts awarded igible’’ and inserting ‘‘MATCHING FUNDS.— as identified by the Secretary.’’; and under this section.’’; and ‘‘(1) IN GENERAL.—Subject to paragraph (2), (2) in subsection (c)— (3) in subsection (c), by striking ‘‘institu- the eligible’’; and (A) by striking ‘‘FUNDING SUPPORT.—The tion or consortium’’ and inserting ‘‘institu- (B) by adding at the end the following: Secretary’’ and inserting ‘‘FUNDING SUP- tion of higher education, library, or consor- ‘‘(2) WAIVER.—The Secretary may waive PORT.— tium’’. the requirement of paragraph (1) for an eligi- ‘‘(1) THE SECRETARY.—The Secretary’’; SEC. 606. SELECTION OF CERTAIN GRANT RECIPI- ble recipient if the Secretary determines (B) by striking ‘‘10’’ and inserting ‘‘20’’; ENTS. such waiver is appropriate.’’. and Section 607 (20 U.S.C. 1127) is amended— SEC. 613. INSTITUTIONAL DEVELOPMENT. (C) by adding at the end the following: (1) in subsection (a), by striking ‘‘evaluates Section 622 (20 U.S.C. 1131–1) is amended— ‘‘(2) GRANTEES.—Of the total amount of the applications for comprehensive and un- (1) in subsection (a)— grant funds awarded to a grantee under this dergraduate language and area centers and (A) by striking ‘‘Tribally Controlled Col- section, the grantee may use not more than programs.’’ and inserting ‘‘evaluates— leges or Universities’’ and inserting ‘‘tribally 10 percent of such funds for the activity de- ‘‘(1) the applications for comprehensive controlled colleges or universities’’; and scribed in subsection (a)(2)(I).’’. foreign language and area or international (B) by striking ‘‘international affairs pro- SEC. 604. RESEARCH; STUDIES. studies centers and programs; and grams.’’ and inserting ‘‘international affairs, Section 605(a) (20 U.S.C. 1125(a)) is amend- ‘‘(2) the applications for undergraduate for- international business, and foreign language ed— eign language and area or international study programs, including the teaching of (1) in paragraph (8), by striking ‘‘and’’ studies centers and programs.’’; and foreign languages, at such colleges, univer- after the semicolon; (2) in subsection (b), by adding at the end sities, and institutions, respectively, which (2) in paragraph (9), by striking the period the following: ‘‘The Secretary shall also con- may include collaboration with institutions and inserting a semicolon; and sider an applicant’s record of placing stu- of higher education that receive funding (3) by adding at the end the following: dents into service in areas of national need under this title.’’; and ‘‘(10) evaluation of the extent to which pro- and an applicant’s stated efforts to increase (2) in subsection (c)— grams assisted under this title reflect di- the number of such students that go into (A) by striking paragraphs (1) and (3); verse perspectives and a wide range of views such service.’’. (B) by redesignating paragraphs (2) and (4) and generate debate on world regions and SEC. 607. AMERICAN OVERSEAS RESEARCH CEN- as paragraphs (1) and (2), respectively; and international affairs; TERS. (C) in paragraph (1) (as redesignated by ‘‘(11) the systematic collection, analysis, Section 609 (20 U.S.C. 1128a) is amended by subparagraph (B)), by inserting ‘‘and’’ after and dissemination of data that contribute to adding at the end the following: the semicolon. achieving the purposes of this part; and ‘‘(e) APPLICATION.—Each center desiring a SEC. 614. STUDY ABROAD PROGRAM. ‘‘(12) support for programs or activities to grant under this section shall submit an ap- Section 623(a) (20 U.S.C. 1131a(a)) is amend- make data collected, analyzed, or dissemi- plication to the Secretary at such time, in ed— nated under this section publicly available such manner, and accompanied by such in- (1) by striking ‘‘as defined in section 322 of and easy to understand.’’. formation and assurances as the Secretary this Act’’; and SEC. 605. TECHNOLOGICAL INNOVATION AND CO- may require.’’. (2) by striking ‘‘tribally controlled Indian OPERATION FOR FOREIGN INFOR- SEC. 608. AUTHORIZATION OF APPROPRIATIONS community colleges as defined in the Trib- MATION ACCESS. FOR INTERNATIONAL AND FOREIGN ally Controlled Community College Assist- Section 606 (20 U.S.C. 1126) is amended— LANGUAGE STUDIES. ance Act of 1978’’ and inserting ‘‘tribally con- (1) in subsection (a)— Section 610 (20 U.S.C. 1128b) is amended by trolled colleges or universities’’. (A) by striking ‘‘new electronic tech- striking ‘‘$80,000,000 for fiscal year 1999’’ and SEC. 615. ADVANCED DEGREE IN INTERNATIONAL nologies’’ and inserting ‘‘electronic tech- all that follows through the period and in- RELATIONS. nologies’’; serting ‘‘such sums as may be necessary for Section 624 (20 U.S.C. 1131b) is amended— (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—

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(1) in subsection (a)— (3) in paragraph (2), as redesignated by ‘‘(A) IN GENERAL.—The Secretary shall ap- (A) by striking ‘‘as defined in section 322 of paragraph (2), by striking ‘‘comprehensive point a Jacob K. Javits Fellows Program this Act’’; language and area center’’ and inserting Fellowship Board (referred to in this subpart (B) by striking ‘‘tribally controlled Indian ‘‘comprehensive foreign language and area or as the ‘Board’) consisting of 9 individuals community colleges as defined in the Trib- international studies center’’; representative of both public and private in- ally Controlled Community College Assist- (4) in paragraph (3), as redesignated by stitutions of higher education who are espe- ance Act of 1978’’ and inserting ‘‘tribally con- paragraph (2), by striking the period at the cially qualified to serve on the Board. trolled colleges or universities’’; end and inserting a semicolon; ‘‘(B) QUALIFICATIONS.—In making appoint- (C) by striking ‘‘an international’’ and in- (5) by inserting after paragraph (4), as re- ments under subparagraph (A), the Secretary serting ‘‘international,’’; and designated by paragraph (2), the following: shall— (D) by striking ‘‘the United States Infor- ‘‘(5) the term ‘historically Black college ‘‘(i) give due consideration to the appoint- mation Agency’’ and inserting ‘‘the Depart- and university’ has the meaning given the ment of individuals who are highly respected ment of State’’; and term ‘part B institution’ in section 322;’’; in the academic community; (2) in subsection (c)(1)— (6) in paragraph (6), as redesignated by ‘‘(ii) assure that individuals appointed to (A) in subparagraph (E), by inserting paragraph (2), by striking ‘‘and’’ after the the Board are broadly representative of a ‘‘and’’ after the semicolon; semicolon; range of disciplines in graduate education in (B) in subparagraph (F), by striking ‘‘; (7) by inserting after paragraph (8), as re- arts, humanities, and social sciences; and’’ and inserting a period; and designated by paragraph (2), the following: ‘‘(iii) appoint members to represent the (C) by striking subparagraph (G). ‘‘(9) the term ‘tribally controlled college or various geographic regions of the United SEC. 617. FINANCIAL ASSISTANCE. university’ has the meaning given the term States; and Part C of title VI (20 U.S.C. 1131 et seq.) is in section 2 of the Tribally Controlled Col- ‘‘(iv) include representatives from minor- further amended— lege or University Assistance Act of 1978 (25 ity institutions, as defined in section 365.’’. (1) by redesignating sections 626, 627, and U.S.C. 1801); and’’; and SEC. 703. STIPENDS. 628 as sections 627, 628, and 629, respectively; (8) in paragraph (10), as redesignated by and paragraph (2), by striking ‘‘undergraduate Section 703(a) (20 U.S.C. 1134b(a)) is amend- (2) by inserting after section 625 the fol- language and area center’’ and inserting ed by striking ‘‘graduate fellowships’’ and in- lowing: ‘‘undergraduate foreign language and area or serting ‘‘Graduate Research Fellowship Pro- gram’’. ‘‘SEC. 626. FINANCIAL ASSISTANCE. international studies center’’. ‘‘(a) AUTHORITY.—The Institute may pro- SEC. 622. ASSESSMENT AND ENFORCEMENT. SEC. 704. AUTHORIZATION OF APPROPRIATIONS vide financial assistance, in the form of sum- Part D of title VI (20 U.S.C. 1132) is amend- FOR THE JACOB K. JAVITS FELLOW- SHIP PROGRAM. mer stipends described in subsection (b) and ed by adding at the end the following: Ralph Bunche scholarship assistance de- Section 705 (20 U.S.C. 1134d) is amended by ‘‘SEC. 632. ASSESSMENT; ENFORCEMENT; RULE scribed in subsection (c), to needy students OF CONSTRUCTION. striking ‘‘$30,000,000 for fiscal year 1999’’ and to facilitate the participation of the students all that follows through the period and in- ‘‘(a) IN GENERAL.—The Secretary is author- in the Institute’s programs under this part. ized to assess and ensure compliance with all serting ‘‘such sums as may be necessary for ‘‘(b) SUMMER STIPENDS.— the conditions and terms of grants provided fiscal year 2008 and each of the 5 succeeding ‘‘(1) REQUIREMENTS.—A student receiving a fiscal years to carry out this subpart.’’. summer stipend under this section shall use under this title. If a complaint regarding ac- such stipend to defray the student’s cost of tivities funded under this title is not re- SEC. 705. INSTITUTIONAL ELIGIBILITY UNDER THE GRADUATE ASSISTANCE IN participation in a summer institute program solved under the process outlined in the rel- evant grantee’s application, such complaint AREAS OF NATIONAL NEED PRO- funded under this part, including the costs of GRAM. travel, living, and educational expenses nec- shall be filed with the Department and re- viewed by the Secretary. The Secretary shall Section 712(b) (20 U.S.C. 1135a(b)) is amend- essary for the student’s participation in such ed to read as follows: program. take the review of such complaints into ac- count when determining the renewal of ‘‘(b) DESIGNATION OF AREAS OF NATIONAL ‘‘(2) AMOUNT.—A summer stipend awarded EED.—After consultation with appropriate to a student under this section shall not ex- grants. N ‘‘(b) RULE OF CONSTRUCTION.—Nothing in Federal and nonprofit agencies and organiza- ceed $3,000 per summer. ‘‘(c) RALPH BUNCHE SCHOLARSHIP.— this title shall be construed to authorize the tions, including the National Science Foun- ‘‘(1) REQUIREMENTS.—A student receiving a Secretary to mandate, direct, or control an dation, the Department of Defense, the De- Ralph Bunche scholarship under this sec- institution of higher education’s specific in- partment of Homeland Security, the Na- tion— structional content, curriculum, or program tional Academy of Sciences, and the Bureau ‘‘(A) shall be a full-time student at an in- of instruction. of Labor Statistics, the Secretary shall des- stitution of higher education who is accepted ‘‘SEC. 633. EVALUATION, OUTREACH, AND INFOR- ignate areas of national need. In making into a program funded under this part; and MATION. such designations, the Secretary shall take ‘‘(B) shall use such scholarship to pay costs ‘‘The Secretary may use not more than 1 into consideration— related to the cost of attendance, as defined percent of the funds made available under ‘‘(1) the extent to which the interest in the in section 472, at the institution of higher this title to carry out program evaluation, area is compelling; education in which the student is enrolled. national outreach, and information dissemi- ‘‘(2) the extent to which other Federal pro- ‘‘(2) AMOUNT AND DURATION.—A Ralph nation activities relating to the programs grams support postbaccalaureate study in Bunche scholarship awarded to a student authorized under this title. the area concerned; under this section shall not exceed $5,000 per ‘‘SEC. 634. BIENNIAL REPORT. ‘‘(3) an assessment of how the program academic year.’’. ‘‘The Secretary shall, in consultation and may achieve the most significant impact with available resources; and SEC. 618. REPORT. collaboration with the Secretary of State, Section 627 (as redesignated by section the Secretary of Defense, and the heads of ‘‘(4) an assessment of current and future 617(1)) (20 U.S.C. 1131d) is amended by strik- other relevant Federal agencies, submit a bi- professional workforce needs of the United ing ‘‘annually’’ and inserting ‘‘biennially’’. ennial report that identifies areas of na- States.’’. SEC. 619. GIFTS AND DONATIONS. tional need in foreign language, area, and SEC. 706. AWARDS TO GRADUATE STUDENTS. Section 628 (as redesignated by section international studies as such studies relate Section 714 (20 U.S.C. 1135c) is amended— 617(1)) (20 U.S.C. 1131e) is amended by strik- to government, education, business, and non- (1) in subsection (b)— ing ‘‘annual report described in section 626’’ profit needs, and a plan to address those (A) by striking ‘‘1999–2000’’ and inserting and inserting ‘‘biennial report described in needs. The report shall be provided to the au- ‘‘2008–2009’’; and section 627’’. thorizing committees and made available to (B) by striking ‘‘graduate fellowships’’ and SEC. 620. AUTHORIZATION OF APPROPRIATIONS the public.’’. inserting ‘‘Graduate Research Fellowship FOR THE INSTITUTE FOR INTER- TITLE VII—GRADUATE AND POSTSEC- Program’’; and NATIONAL PUBLIC POLICY. ONDARY IMPROVEMENT PROGRAMS (2) in subsection (c)— Section 629 (as redesignated by section (A) by striking ‘‘716(a)’’ and inserting 617(1)) (20 U.S.C. 1131f) is amended by strik- SEC. 701. PURPOSE. ‘‘715(a)’’; and ing ‘‘$10,000,000 for fiscal year 1999’’ and all Section 700(1)(B)(i) (20 U.S.C. 1133(1)(B)(i)) (B) by striking ‘‘714(b)(2)’’ and inserting that follows through the period and inserting is amended by inserting ‘‘, including those ‘‘such sums as may be necessary for fiscal areas critical to United States national and ‘‘713(b)(2)’’. year 2008 and each of the 5 succeeding fiscal homeland security needs such as mathe- SEC. 707. ADDITIONAL ASSISTANCE FOR COST OF years.’’. matics, science, and engineering’’ before the EDUCATION. SEC. 621. DEFINITIONS. semicolon at the end. Section 715(a)(1) (20 U.S.C. 1135d(a)(1)) is Section 631 (20 U.S.C. 1132) is amended— SEC. 702. ALLOCATION OF JACOB K. JAVITS FEL- amended— (1) by striking paragraph (7); LOWSHIPS. (1) by striking ‘‘1999–2000’’ and inserting (2) by redesignating paragraphs (2), (3), (4), Section 702(a)(1) (20 U.S.C. 1134a(a)(1)) is ‘‘2008–2009’’; and (5), (6), (8), and (9), as paragraphs (7), (4), (8), amended to read as follows: (2) by striking ‘‘1998–1999’’ and inserting (2), (10), (6), and (3), respectively; ‘‘(1) APPOINTMENT.— ‘‘2007–2008’’.

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00169 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10026 CONGRESSIONAL RECORD — SENATE July 25, 2007 SEC. 708. AUTHORIZATION OF APPROPRIATIONS (B) by striking ‘‘and organizations.’’ and 1432 of the Elementary and Secondary Edu- FOR THE GRADUATE ASSISTANCE IN inserting ‘‘organizations, and associations.’’; cation Act of 1965. AREAS OF NATIONAL NEED PRO- (7) by striking subsection (g) and inserting ‘‘(B) FEEDER PATTERN.—The term ‘feeder GRAM. the following: pattern’ means a secondary school and the Section 716 (20 U.S.C. 1135e) is amended by ‘‘(g) FELLOWSHIPS AND STIPENDS.—The Sec- elementary schools and middle schools that striking ‘‘$35,000,000 for fiscal year 1999’’ and retary shall annually establish the max- channel students into that secondary school. all that follows through the period and in- imum fellowship to be awarded, and stipend ‘‘(3) GRANT AUTHORIZED.—The Secretary is serting ‘‘such sums as may be necessary for to be paid (including allowances for partici- authorized to award a grant to Project fiscal year 2008 and each of the 5 succeeding pant travel and for the travel of the depend- GRAD USA (referred to in this subsection as fiscal years to carry out this subpart.’’. ents of the participant), to Thurgood Mar- the ‘grantee’), a nonprofit educational orga- SEC. 709. LEGAL EDUCATIONAL OPPORTUNITY shall Fellows or Associates for the period of nization that has as its primary purpose the PROGRAM. participation in summer institutes, midyear improvement of secondary school gradua- Section 721 (20 U.S.C. 1136) is amended— seminars, and bar preparation seminars. A tion, college attendance, and college comple- (1) in subsection (a)— Fellow or Associate may be eligible for such tion rates for at-risk students, to implement (A) by inserting ‘‘secondary school and’’ a fellowship or stipend only if the Thurgood and sustain the integrated education reform after ‘‘disadvantaged’’; and Marshall Fellow or Associate maintains sat- program at existing Project GRAD sites, and to promote the expansion of the Project (B) by inserting ‘‘and admission to law isfactory academic progress toward the Juris GRAD program to new sites. practice’’ before the period at the end; Doctor or Bachelor of Laws degree, as deter- ‘‘(4) REQUIREMENTS OF GRANT AGREEMENT.— (2) in the matter preceding paragraph (1) of mined by the respective institutions (except The Secretary shall enter into an agreement subsection (b), by inserting ‘‘secondary with respect to a law school graduate en- with the grantee that requires that the school student or’’ before ‘‘college student’’; rolled in a bar preparation course).’’; and grantee shall— (3) in subsection (c)— (8) in subsection (h), by striking ‘‘$5,000,000 ‘‘(A) enter into subcontracts with non- (A) in paragraph (1), by inserting ‘‘sec- for fiscal year 1999’’ and all that follows profit educational organizations that serve a ondary school and’’ before ‘‘college stu- through the period at the end and inserting ‘‘such sums as may be necessary for fiscal substantial number or percentage of at-risk dents’’; students (referred to in this subsection as (B) by striking paragraph (2) and inserting year 2008 and for each of the 5 succeeding fis- cal years’’. ‘subcontractors’), under which the sub- the following: contractors agree to implement the Project ‘‘(2) to prepare such students for successful SEC. 710. FUND FOR THE IMPROVEMENT OF GRAD program and provide matching funds POSTSECONDARY EDUCATION. completion of a baccalaureate degree and for for such programs; and study at accredited law schools, and to assist Section 741 (20 U.S.C. 1138) is amended— ‘‘(B) directly carry out— them with the development of analytical (1) in subsection (a)— ‘‘(i) activities to implement and sustain skills, writing skills, and study methods to (A) by striking paragraph (3) and inserting the literacy, mathematics, classroom man- enhance the students’ success and promote the following: agement, social service, and college access the students’ admission to and completion of ‘‘(3) the establishment and continuation of components of the Project GRAD program; law school;’’; institutions, programs, consortia, collabora- ‘‘(ii) activities for the purpose of imple- (C) in paragraph (4), by striking ‘‘and’’ tions, and other joint efforts based on the menting new Project GRAD program sites; after the semicolon; technology of communications, including ‘‘(iii) activities to support, evaluate, and (D) by striking paragraph (5) and inserting those efforts that utilize distance education consistently improve the Project GRAD pro- the following: and technological advancements to educate gram; ‘‘(4) to motivate and prepare such stu- and train postsecondary students (including ‘‘(iv) activities for the purpose of pro- dents— health professionals serving medically un- moting greater public awareness of inte- ‘‘(A) with respect to law school studies and derserved populations);’’; grated education reform services to improve practice in low-income communities; and (B) in paragraph (7), by striking ‘‘and’’ secondary school graduation, college attend- ‘‘(B) to provide legal services to low-in- after the semicolon; ance, and college completion rates for at- come individuals and families; and;’’; and (C) in paragraph (8), by striking the period risk students; and (E) by adding at the end the following: at the end and inserting a semicolon; and ‘‘(v) other activities directly related to im- ‘‘(6) to award Thurgood Marshall Fellow- (D) by adding at the end the following: proving secondary school graduation, college ships to eligible law school students— ‘‘(9) the introduction of reforms in reme- attendance, and college completion rates for ‘‘(A) who participated in summer insti- dial education, including English language at-risk students. tutes under subsection (d)(6) and who are en- instruction, to customize remedial courses ‘‘(5) GRANTEE CONTRIBUTION AND MATCHING rolled in an accredited law school; or to student goals and help students progress REQUIREMENT.— ‘‘(B) who have successfully completed sum- rapidly from remedial courses into core ‘‘(A) IN GENERAL.—The grantee shall pro- mer institute programs comparable to the courses and through program completion; vide funds to each subcontractor based on summer institutes under subsection (d) that and the number of students served by the subcon- are certified by the Council on Legal Edu- ‘‘(10) the creation of consortia that join di- tractor in the Project GRAD program, ad- cation Opportunity.’’; verse institutions of higher education to de- justed to take into consideration— (4) in subsection (d)— sign and offer curricular and co-curricular ‘‘(i) the resources available in the area (A) in the matter preceding paragraph (1), interdisciplinary programs at the under- where the subcontractor will implement the by inserting ‘‘pre-college programs, under- graduate and graduate levels, sustained for Project GRAD program; and graduate’’ before ‘‘pre-law’’; not less than a 5 year period, that— ‘‘(ii) the need for the Project GRAD pro- (B) in paragraph (1)— ‘‘(A) focus on poverty and human capa- gram in such area to improve student out- (i) in subparagraph (B), by inserting ‘‘law bility; and comes, including reading and mathematics school’’ before ‘‘graduation’’; and ‘‘(B) include— achievement and, where applicable, sec- (ii) by striking subparagraph (D) and in- ‘‘(i) a service-learning component; and ondary school graduation, college attend- serting the following: ‘‘(ii) the delivery of educational services ance, and college completion rates. ‘‘(D) pre-college and undergraduate pre- through informational resource centers, ‘‘(B) MATCHING REQUIREMENT.—Each sub- paratory courses in analytical and writing summer institutes, midyear seminars, and contractor shall provide funds for the skills, study methods, and curriculum selec- other educational activities that stress the Project GRAD program in an amount that is tion;’’; effects of poverty and how poverty can be al- equal to or greater than the amount received (C) by redesignating paragraphs (2) leviated through different career paths.’’; by the subcontractor from the grantee. Such through (6) as paragraphs (3) through (7), re- and matching funds may be provided in cash or spectively; (2) by adding at the end the following: in-kind, fairly evaluated. (D) by inserting after paragraph (1) the fol- ‘‘(c) PROJECT GRAD.— ‘‘(6) EVALUATION.—The Secretary shall se- lowing: ‘‘(1) PURPOSES.—The purposes of this sub- lect an independent entity to evaluate, every ‘‘(2) summer academic programs for sec- section are— 3 years, the performance of students who ondary school students who have expressed ‘‘(A) to provide support and assistance to participate in a Project GRAD program interest in a career in the law;’’; and programs implementing integrated edu- under this subsection. (E) in paragraph (7) (as redesignated by cation reform services in order to improve ‘‘(d) CENTER FOR BEST PRACTICES TO SUP- subparagraph (C)), by inserting ‘‘and Associ- secondary school graduation, college attend- PORT SINGLE PARENT STUDENTS.— ates’’ after ‘‘Thurgood Marshall Fellows’’; ance, and college completion rates for at- ‘‘(1) PROGRAM AUTHORIZED.—The Secretary (5) in subsection (e)(1), by inserting ‘‘, in- risk students; and is authorized to award 1 grant or contract to cluding before and during undergraduate ‘‘(B) to promote the establishment of new an institution of higher education to enable study’’ before the semicolon; programs to implement such integrated edu- such institution to establish and maintain a (6) in subsection (f)— cation reform services. center to study and develop best practices (A) by inserting ‘‘national and State bar ‘‘(2) DEFINITIONS.—In this subsection: for institutions of higher education to sup- associations,’’ after ‘‘agencies and organiza- ‘‘(A) AT-RISK.—The term ‘at-risk’ has the port single parents who are also students at- tions,’’; and same meaning given such term in section tending such institutions.

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‘‘(2) INSTITUTION REQUIREMENTS.—The Sec- ‘‘(I) an individual who is— ‘‘(5) International cooperation and student retary shall award the grant or contract ‘‘(aa) serving on active duty during a war exchanges among postsecondary educational under this subsection to a 4-year institution or other military operation or national institutions.’’. of higher education that has demonstrated emergency (as defined in section 481); or SEC. 712. AUTHORIZATION OF APPROPRIATIONS expertise in the development of programs to ‘‘(bb) performing qualifying National FOR THE FUND FOR THE IMPROVE- assist single parents who are students at in- Guard duty during a war or other military MENT OF POSTSECONDARY EDU- stitutions of higher education, as shown by operation or national emergency (as defined CATION. the institution’s development of a variety of in section 481); or Section 745 (20 U.S.C. 1138d) is amended by targeted services to such students, including ‘‘(II) a veteran who died while serving or striking ‘‘$30,000,000 for fiscal year 1999’’ and on-campus housing, child care, counseling, performing, as described in subclause (I), all that follows through the period and in- advising, internship opportunities, financial since September 11, 2001, or has been disabled serting ‘‘such sums as may be necessary for fiscal year 2008 and each of the 5 succeeding aid, and financial aid counseling and assist- while serving or performing, as described in fiscal years.’’. ance. subclause (I), as a result of such event; or ‘‘(3) CENTER ACTIVITIES.—The center funded ‘‘(ii) an independent student who is a SEC. 713. REPEAL OF THE URBAN COMMUNITY SERVICE PROGRAM. under this section shall— spouse of— ‘‘(A) assist institutions implementing in- Part C of title VII (20 U.S.C. 1139 et seq.) is ‘‘(I) an individual who is— repealed. novative programs that support single par- ‘‘(aa) serving on active duty during a war SEC. 714. GRANTS FOR STUDENTS WITH DISABIL- ents pursuing higher education; or other military operation or national ‘‘(B) study and develop an evaluation pro- ITIES. emergency (as defined in section 481); or (a) GRANTS AUTHORIZED FOR DEMONSTRA- tocol for such programs that includes quan- ‘‘(bb) performing qualifying National titative and qualitative methodologies; TION PROJECTS TO ENSURE STUDENTS WITH Guard duty during a war or other military DISABILITIES RECEIVE A QUALITY HIGHER EDU- ‘‘(C) provide appropriate technical assist- operation or national emergency (as defined CATION.—Section 762 (20 U.S.C. 1140a) is ance regarding the replication, evaluation, in section 481); or amended— and continuous improvement of such pro- ‘‘(II) a veteran who died while serving or (1) in subsection (b)— grams; and performing, as described in subclause (I), (A) in paragraph (2)— ‘‘(D) develop and disseminate best prac- since September 11, 2001, or has been disabled tices for such programs. (i) in subparagraph (A), by striking ‘‘to while serving or performing, as described in teach students with disabilities’’ and insert- ‘‘(e) UNDERSTANDING THE FEDERAL REGU- subclause (I), as a result of such event; and LATORY IMPACT ON HIGHER EDUCATION.— ing ‘‘to teach and meet the academic and ‘‘(B) enrolled as a full-time or part-time ‘‘(1) PURPOSE.—The purpose of this sub- programmatic needs of students with disabil- student at an institution of higher education section is to help institutions of higher edu- ities in order to improve retention and com- (as defined in section 102). cation understand the regulatory impact of pletion of postsecondary education’’; ‘‘(3) AWARDING OF SCHOLARSHIPS.—Scholar- the Federal Government on such institu- (ii) by redesignating subparagraphs (B) and ships awarded under this subsection shall be tions, in order to raise awareness of institu- (C) as subparagraphs (C) and (F), respec- awarded based on need with priority given to tional legal obligations and provide informa- tively; eligible students who are eligible to receive tion to improve compliance with, and to re- (iii) by inserting after subparagraph (A) Federal Pell Grants under subpart 1 of part duce the duplication and inefficiency of, Fed- the following: A of title IV. eral regulations. ‘‘(B) EFFECTIVE TRANSITION PRACTICES.— ‘‘(4) MAXIMUM SCHOLARSHIP AMOUNT.—The ‘‘(2) PROGRAM AUTHORIZED.—The Secretary The development of innovative and effective is authorized to award 1 grant or contract to maximum scholarship amount awarded to an teaching methods and strategies to ensure an institution of higher education to enable eligible student under this subsection for an the successful transition of students with the institution to carry out the activities de- academic year shall be the lesser of— disabilities from secondary school to post- scribed in the agreement under paragraph ‘‘(A) the difference between the eligible secondary education.’’; (4). student’s cost of attendance (as defined in (iv) in subparagraph (C), as redesignated by section 472) and any non-loan based aid such ‘‘(3) INSTITUTION REQUIREMENTS.—The Sec- clause (ii), by striking the period at the end retary shall award the grant or contract student receives; or and inserting ‘‘, including data on the post- under this subsection to an institution of ‘‘(B) $5,000. secondary education of and impact on subse- higher education that has demonstrated ex- ‘‘(5) AMOUNTS FOR SCHOLARSHIPS.—All of quent employment of students with disabil- pertise in— the amounts appropriated to carry out this ities. Such research, information, and data ‘‘(A) reviewing Federal higher education subsection for a fiscal year shall be used for shall be made publicly available and acces- regulations; scholarships awarded under this subsection, sible.’’; ‘‘(B) maintaining a clearinghouse of com- except that a nonprofit organization receiv- (v) by inserting after subparagraph (C), as pliance training materials; and ing a contract under this subsection may use redesignated by clause (ii), the following: ‘‘(C) explaining the impact of such regula- not more than 1 percent of such amounts for ‘‘(D) DISTANCE LEARNING.—The develop- tions to institutions of higher education the administrative costs of the contract.’’. ment of innovative and effective teaching through a comprehensive and freely acces- SEC. 711. SPECIAL PROJECTS. methods and strategies to provide faculty sible website. and administrators with the ability to pro- Section 744(c) (20 U.S.C. 1138c) is amended ‘‘(4) REQUIREMENTS OF AGREEMENT.—As a vide accessible distance education programs to read as follows: condition of receiving a grant or contract or classes that would enhance access of stu- under this subsection, the institution of ‘‘(c) AREAS OF NATIONAL NEED.—Areas of dents with disabilities to higher education, higher education shall enter into an agree- national need shall include, at a minimum, including the use of accessible curriculum ment with the Secretary that shall require the following: and electronic communication for instruc- the institution to— ‘‘(1) Institutional restructuring to improve tion and advisement. ‘‘(A) monitor Federal regulations, includ- learning and promote productivity, effi- ‘‘(E) DISABILITY CAREER PATHWAYS.— ing notices of proposed rulemaking, for their ciency, quality improvement, and cost and ‘‘(i) IN GENERAL.—Training and providing impact or potential impact on higher edu- price control. support to secondary and postsecondary staff cation; ‘‘(2) Improvements in academic instruction with respect to disability-related fields to— ‘‘(B) provide a succinct description of each and student learning, including efforts de- ‘‘(I) encourage interest and participation regulation or proposed regulation that is rel- signed to assess the learning gains made by in such fields, among students with disabil- evant to higher education; and postsecondary students. ities and other students; ‘‘(C) maintain a website providing informa- ‘‘(3) Articulation between 2- and 4-year in- ‘‘(II) enhance awareness and understanding tion on Federal regulations that is easy to stitutions of higher education, including de- of such fields among such students; use, searchable, and updated regularly. veloping innovative methods for ensuring ‘‘(III) provide educational opportunities in ‘‘(f) SCHOLARSHIP PROGRAM FOR FAMILY the successful transfer of students from 2- to such fields among such students; MEMBERS OF VETERANS OR MEMBERS OF THE 4-year institutions of higher education. ‘‘(IV) teach practical skills related to such MILITARY.— ‘‘(4) Development, evaluation and dissemi- fields among such students; and ‘‘(1) AUTHORIZATION.—The Secretary shall nation of model programs, including model ‘‘(V) offer work-based opportunities in such contract with a nonprofit organization with core curricula that— fields among such students. demonstrated experience in carrying out the ‘‘(A) provide students with a broad and in- ‘‘(ii) DEVELOPMENT.—The training and sup- activities described in this subsection to tegrated knowledge base; port described in clause (i) may include de- carry out a program to provide postsec- ‘‘(B) include, at a minimum, broad survey veloping means to offer students credit-bear- ondary education scholarships for eligible courses in English literature, American and ing, college-level coursework, and career and students. world history, American political institu- educational counseling.’’; and ‘‘(2) ELIGIBLE STUDENTS.—In this sub- tions, economics, philosophy, college-level (vi) by adding at the end the following: section, the term ‘eligible student’ means an mathematics, and the natural sciences; and ‘‘(G) ACCESSIBILITY OF EDUCATION.—Making individual who is— ‘‘(C) include sufficient study of a foreign postsecondary education more accessible to ‘‘(A)(i) a dependent student who is a child language to lead to reading and writing com- students with disabilities through cur- of— petency in the foreign language. riculum development.’’; and

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00171 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10028 CONGRESSIONAL RECORD — SENATE July 25, 2007 (B) in paragraph (3), by striking ‘‘subpara- plication to the Secretary at such time, in under the grant, matching funds, which may graphs (A) through (C)’’ and inserting ‘‘sub- such manner, and containing such informa- be provided in cash or in-kind, in an amount paragraphs (A) through (G)’’; and tion as the Secretary may require. not less than 25 percent of the amount of (2) by adding at the end the following: ‘‘(c) PREFERENCE.—In awarding grants such grant funds. ‘‘(d) REPORT.—Not later than 3 years after under this section, the Secretary shall give ‘‘(f) REPORT.—Not later than 3 years after the date of enactment of the Higher Edu- preference to institutions of higher edu- the date of enactment of the Higher Edu- cation Amendments of 2007, the Secretary cation (or consortia) that— cation Amendments of 2007, the Secretary shall prepare and disseminate a report re- ‘‘(1) will carry out a model program under shall prepare and disseminate a report re- viewing the activities of the demonstration the grant in a State that does not already viewing the activities of the model com- projects authorized under this subpart and have a comprehensive transition and post- prehensive transition and postsecondary pro- providing guidance and recommendations on secondary program for students with intel- grams for students with intellectual disabil- how successful projects can be replicated.’’. lectual disabilities; or ities authorized under this subpart and pro- (b) TRANSITION PROGRAMS FOR STUDENTS ‘‘(2) in the application submitted under viding guidance and recommendations on WITH INTELLECTUAL DISABILITIES INTO HIGH- subsection (b), agree to incorporate 1 or how successful programs can be replicated. ER EDUCATION; COORDINATING CENTER.—Part more the following elements into the model ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— D of title VII (20 U.S.C. 1140 et seq.) is fur- programs carried out under the grant: There are authorized to be appropriated to ther amended— ‘‘(A) The formation of a partnership with carry out this section such sums as may be (1) in the part heading, by striking ‘‘DEM- any relevant agency serving students with necessary. ONSTRATION’’; intellectual disabilities, such as a vocational ‘‘SEC. 774. COORDINATING CENTER FOR TECH- (2) by inserting after the part heading the rehabilitation agency. NICAL ASSISTANCE, EVALUATION, AND DEVELOPMENT OF ACCREDITA- following: ‘‘(B) In the case of an institution of higher education that provides institutionally- TION STANDARDS. ‘‘Subpart 1—Quality Higher Education’’; owned or operated housing for students at- ‘‘(a) IN GENERAL.— and tending the institution, the integration of ‘‘(1) AWARD.—The Secretary shall, on a (3) by adding at the end the following: students with intellectual disabilities into competitive basis, enter into a cooperative agreement with an eligible entity, for the ‘‘Subpart 2—Transition Programs for Stu- such housing. purpose of establishing a coordinating center dents With Intellectual Disabilities Into ‘‘(C) The involvement of students attend- for technical assistance, evaluation, and de- Higher Education; Coordinating Center ing the institution of higher education who are studying special education, general edu- velopment of accreditation standards for in- ‘‘SEC. 771. PURPOSE. stitutions of higher education that offer in- ‘‘It is the purpose of this subpart to sup- cation, vocational rehabilitation, assistive technology, or related fields in the model clusive model comprehensive transition and port model demonstration programs that postsecondary programs for students with promote the successful transition of students program carried out under the grant. ‘‘(d) USE OF FUNDS.—An institution of intellectual disabilities. with intellectual disabilities into higher edu- higher education (or consortium) receiving a ‘‘(2) DURATION.—The cooperative agree- cation. grant under this section shall use the grant ment under this section shall be for a period ‘‘SEC. 772. DEFINITIONS. funds to establish a model comprehensive of 5 years. ‘‘In this subpart: transition and postsecondary program for ‘‘(b) REQUIREMENTS OF COOPERATIVE AGREE- ‘‘(1) COMPREHENSIVE TRANSITION AND POST- students with intellectual disabilities that— MENT.—The eligible entity entering into a SECONDARY PROGRAM FOR STUDENTS WITH IN- ‘‘(1) serves students with intellectual dis- cooperative agreement under this section TELLECTUAL DISABILITIES.—The term ‘com- abilities, including students with intellec- shall establish and maintain a center that prehensive transition and postsecondary pro- tual disabilities who are no longer eligible shall— gram for students with intellectual disabil- for special education and related services ‘‘(1) serve as the technical assistance enti- ities’ means a degree, certificate, or non- under the Individuals with Disabilities Edu- ty for all model comprehensive transition degree program offered by an institution of cation Act; and postsecondary programs for students higher education that— ‘‘(2) provides individual supports and serv- with intellectual disabilities assisted under ‘‘(A) is designed for students with intellec- ices for the academic and social inclusion of section 773; tual disabilities who seek to continue aca- students with intellectual disabilities in aca- ‘‘(2) provide technical assistance regarding demic, vocational, or independent living in- demic courses, extracurricular activities, the development, evaluation, and continuous struction at the institution in order to pre- and other aspects of the institution of higher improvement of such programs; pare for gainful employment; education’s regular postsecondary program; ‘‘(3) develop an evaluation protocol for ‘‘(B) includes an advising and curriculum ‘‘(3) with respect to the students with in- such programs that includes qualitative and structure; and tellectual disabilities participating in the quantitative methodology measuring stu- ‘‘(C) requires the enrollment of the student model program, provides a focus on— dent outcomes and program strengths in the (through enrollment in credit-bearing ‘‘(A) academic enrichment; areas of academic enrichment, socialization, courses, auditing or participating in courses, ‘‘(B) socialization; independent living, and competitive or sup- participating in internships, or enrollment ‘‘(C) independent living, including self-ad- ported employment; in noncredit, nondegree courses) in the vocacy skills; and ‘‘(4) assist recipients of grants under sec- equivalent of not less than a half-time ‘‘(D) integrated work experiences and ca- tion 773 in efforts to award a meaningful cre- course of study, as determined by the insti- reer skills that lead to gainful employment; dential to students with intellectual disabil- tution. ‘‘(4) integrates person-centered planning in ities upon the completion of such programs, ‘‘(2) STUDENT WITH AN INTELLECTUAL DIS- the development of the course of study for which credential takes into consideration ABILITY.—The term ‘student with an intellec- each student with an intellectual disability unique State factors; tual disability’ means a student whose men- participating in the model program; ‘‘(5) develop model criteria, standards, and tal retardation or other significant cognitive ‘‘(5) participates with the coordinating procedures to be used in accrediting such impairment substantially impacts the stu- center established under section 774 in the programs that— dent’s intellectual and cognitive func- evaluation of the model program; ‘‘(A) include, in the development of the tioning. ‘‘(6) partners with 1 or more local edu- model criteria, standards, and procedures for ‘‘SEC. 773. MODEL COMPREHENSIVE TRANSITION cational agencies to support students with such programs, the participation of— AND POSTSECONDARY PROGRAMS intellectual disabilities participating in the ‘‘(i) an expert in higher education; FOR STUDENTS WITH INTELLEC- model program who are still eligible for spe- ‘‘(ii) an expert in special education; TUAL DISABILITIES. cial education and related services under ‘‘(iii) a disability organization that rep- ‘‘(a) GRANTS AUTHORIZED.— such Act, including regarding the utilization resents students with intellectual disabil- ‘‘(1) IN GENERAL.—The Secretary shall an- of funds available under part B of the Indi- ities; and nually award grants, on a competitive basis, viduals with Disabilities Education Act for ‘‘(iv) a State, regional, or national accred- to institutions of higher education (or con- such students; iting agency or association recognized by the sortia of institutions of higher education), to ‘‘(7) plans for the sustainability of the Secretary under subpart 2 of part H of title create or expand high-quality, inclusive model program after the end of the grant pe- IV; and model comprehensive transition and postsec- riod; and ‘‘(B) define the necessary components of ondary programs for students with intellec- ‘‘(8) creates and offers a meaningful cre- such programs, such as— tual disabilities. dential for students with intellectual disabil- ‘‘(i) academic, vocational, social, and inde- ‘‘(2) NUMBER AND DURATION OF GRANTS.— ities upon the completion of the model pro- pendent living skills; The Secretary shall award not less than 10 gram. ‘‘(ii) evaluation of student progress; grants per year under this section, and each ‘‘(e) MATCHING REQUIREMENT.—An institu- ‘‘(iii) program administration and evalua- grant awarded under this subsection shall be tion of higher education that receives a tion; for a period of 5 years. grant under this section shall provide toward ‘‘(iv) student eligibility; and ‘‘(b) APPLICATION.—An institution of high- the cost of the model comprehensive transi- ‘‘(v) issues regarding the equivalency of a er education (or a consortium) desiring a tion and postsecondary program for students student’s participation in such programs to grant under this section shall submit an ap- with intellectual disabilities carried out semester, trimester, quarter, credit, or clock

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00172 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10029 hours at an institution of higher education, and reliable measures of student achieve- used to supplement, not supplant, other Fed- as the case may be; ment for use by institutions of higher edu- eral or State funds. ‘‘(6) analyze possible funding streams for cation to measure and evaluate learning in ‘‘(h) REPORT.— such programs and provide recommendations higher education. ‘‘(1) REPORT.—The Secretary shall provide regarding the funding streams; ‘‘(b) DEFINITIONS.—In this section: an annual report to Congress on the imple- ‘‘(7) develop model memoranda of agree- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible mentation of the grant program assisted ment between institutions of higher edu- entity’ means— under this section. cation and agencies providing funding for ‘‘(A) an institution of higher education; ‘‘(2) CONTENT.—The report shall include— such programs; ‘‘(B) a State agency responsible for higher ‘‘(A) information regarding the develop- ‘‘(8) develop mechanisms for regular com- education; ment or improvement of scientifically valid munication between the recipients of grants ‘‘(C) a recognized higher education accred- and reliable measures of student achieve- under section 773 regarding such programs; iting agency or an organization of higher ment; and education accreditors; ‘‘(B) a description of the assessments or ‘‘(9) host a meeting of all recipients of ‘‘(D) an eligible applicant described in sec- other measures developed by eligible enti- grants under section 773 not less often than tion 174(c) of the Education Sciences Reform ties; once a year. Act of 2002; and ‘‘(C) the results of any pilot or demonstra- ‘‘(c) DEFINITION OF ELIGIBLE ENTITY.—In ‘‘(E) a consortium of any combination of tion projects assisted under this section; and this section, the term ‘eligible entity’ means entities described in subparagraphs (A) ‘‘(D) such other information as the Sec- an entity, or a partnership of entities, that through (D). retary may require.’’. has demonstrated expertise in the fields of ‘‘(c) APPLICATION.— ‘‘(1) IN GENERAL.—Each eligible entity that TITLE VIII—MISCELLANEOUS higher education, students with intellectual desires a grant under this part shall submit SEC. 801. MISCELLANEOUS. disabilities, the development of comprehen- an application to the Secretary at such time, The Act (20 U.S.C. 1001 et seq.) is amended sive transition and postsecondary programs in such manner, and accompanied by such in- by adding at the end the following: for students with intellectual disabilities, formation as the Secretary may require. and evaluation. ‘‘TITLE VIII—MISCELLANEOUS ‘‘(2) CONTENTS.—Each application sub- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘PART A—MATHEMATICS AND SCIENCE mitted under subsection (a) shall include a There are authorized to be appropriated to SCHOLARS PROGRAM description of how the eligible entity— carry out this section such sums as may be ‘‘(A) will work with relevant experts, in- ‘‘SEC. 811. MATHEMATICS AND SCIENCE SCHOL- necessary.’’. cluding psychometricians, research experts, ARS PROGRAM. (c) CONFORMING AMENDMENTS.—Part D of institutions, associations, and other quali- ‘‘(a) PROGRAM AUTHORIZED.—The Secretary title VII (20 U.S.C. 1140 et seq.) is further fied individuals as determined appropriate is authorized to award grants to States, on a amended— by the eligible entity; competitive basis, to enable the States to (1) in section 761, by striking ‘‘part’’ and ‘‘(B) will reach a broad and diverse range of award eligible students, who complete a rig- inserting ‘‘subpart’’; audiences; orous secondary school curriculum in mathe- (2) in section 762 (as amended by subsection ‘‘(C) has participated in work in improving matics and science, scholarships for under- (a)), by striking ‘‘part’’ each place the term postsecondary education; graduate study. appears and inserting ‘‘subpart’’; ‘‘(D) has participated in work in developing ‘‘(b) ELIGIBLE STUDENTS.—A student is eli- (3) in section 763, by striking ‘‘part’’ both or improving assessments to measure stu- gible for a scholarship under this section if places the term appears and inserting ‘‘sub- dent achievement; the student is a full-time undergraduate stu- part’’; ‘‘(E) includes faculty, to the extent prac- dent in the student’s first and second year of (4) in section 764, by striking ‘‘part’’ and ticable, in the development of any assess- study who has completed a rigorous sec- inserting ‘‘subpart’’; and ments or measures of student achievement; ondary school curriculum in mathematics (5) in section 765, by striking ‘‘part’’ and and and science. inserting ‘‘subpart’’. ‘‘(F) will focus on program specific meas- ‘‘(c) RIGOROUS CURRICULUM.—Each partici- SEC. 715. APPLICATIONS FOR DEMONSTRATION ures of student achievement generally appli- pating State shall determine the require- PROJECTS TO ENSURE STUDENTS cable to an entire— ments for a rigorous secondary school cur- WITH DISABILITIES RECEIVE A ‘‘(i) institution of higher education; or riculum in mathematics and science de- QUALITY HIGHER EDUCATION. ‘‘(ii) State system of higher education. scribed in subsection (b). Section 763 (as amended in section ‘‘(d) AWARD BASIS.—In awarding grants ‘‘(d) PRIORITY FOR SCHOLARSHIPS.—The 714(c)(3)) (20 U.S.C. 1140b) is further amend- under this section, the Secretary shall take Governor of a State may set a priority for ed— into consideration— awarding scholarships under this section for (1) by striking paragraph (1) and inserting ‘‘(1) the quality of an application for a particular eligible students, such as students the following: grant under this section; attending schools in high-need areas, stu- ‘‘(1) a description of how such institution ‘‘(2) the distribution of the grants to dif- dents who are from groups underrepresented plans to address the activities allowed under ferent— in the fields of mathematics, science, and en- this subpart;’’; ‘‘(A) geographic regions; gineering, students served by local edu- (2) in paragraph (2), by striking ‘‘and’’ ‘‘(B) types of institutions of higher edu- cational agencies that do not meet or exceed after the semicolon; cation; and State standards in mathematics and science, (3) in paragraph (3), by striking the period ‘‘(C) higher education accreditors. or students with regional or geographic at the end and inserting ‘‘; and’’; and ‘‘(e) USE OF FUNDS.—Each eligible entity needs as determined appropriate by the Gov- (4) by adding at the end the following: receiving a grant under this section may use ernor. ‘‘(4) a description of the extent to which the grant funds— ‘‘(e) AMOUNT AND DURATION OF SCHOLAR- the institution will work to replicate the re- ‘‘(1) to enable the eligible entity to im- SHIP.—The Secretary shall award a grant search based and best practices of institu- prove the quality, validity, and reliability of under this section— tions of higher education with demonstrated existing assessments used by institutions of ‘‘(1) in an amount that does not exceed success in serving students with disabil- higher education; $1,000; and ities.’’. ‘‘(2) to develop measures of student ‘‘(2) for not more than 2 years of under- SEC. 716. AUTHORIZATION OF APPROPRIATIONS achievement using multiple measures of stu- graduate study. FOR DEMONSTRATION PROJECTS TO dent achievement from multiple sources; ‘‘(f) MATCHING REQUIREMENT.—In order to ENSURE STUDENTS WITH DISABIL- ‘‘(3) to measure improvement in student receive a grant under this section, a State ITIES RECEIVE A QUALITY HIGHER achievement over time; shall provide matching funds for the scholar- EDUCATION. ‘‘(4) to evaluate student achievement; ships awarded under this section in an Section 765 (20 U.S.C. 1140d) is amended by ‘‘(5) to develop models of effective prac- amount equal to 50 percent of the Federal striking ‘‘$10,000,000 for fiscal year 1999’’ and tices; and funds received. all that follows through the period and in- ‘‘(6) for a pilot or demonstration project of ‘‘(g) AUTHORIZATION.—There are authorized serting ‘‘such sums as may be necessary for measures of student achievement. to be appropriated to carry out this section fiscal year 2008 and each of the 5 succeeding ‘‘(f) MATCHING REQUIREMENT.—An eligible such sums as may be necessary for fiscal fiscal years.’’. entity described in subparagraph (A), (B), or year 2008 and each of the 5 succeeding fiscal SEC. 717. RESEARCH GRANTS. (C) of subsection (b)(1) that receives a grant years. Title VII (20 U.S.C. 1133 et seq.) is further under this section shall provide for each fis- ‘‘PART B—POSTSECONDARY EDUCATION amended by adding at the end the following: cal year, from non-Federal sources, an amount (which may be provided in cash or in ASSESSMENT ‘‘PART E—RESEARCH GRANTS kind), to carry out the activities supported ‘‘SEC. 816. POSTSECONDARY EDUCATION ASSESS- ‘‘SEC. 781. RESEARCH GRANTS. by the grant, equal to 50 percent of the MENT. ‘‘(a) GRANTS AUTHORIZED.—The Secretary amount received for the fiscal year under the ‘‘(a) CONTRACT FOR ASSESSMENT.—The Sec- is authorized to award grants, on a competi- grant. retary shall enter into a contract, with an tive basis, to eligible entities to enable the ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—Grant independent, bipartisan organization with eligible entities to develop or improve valid funds provided under this section shall be specific expertise in public administration

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and financial management, to carry out an ‘‘(d) AWARD BASIS.—In awarding grants in a graduate-level nursing program to pro- independent assessment of the cost factors under this section, the Secretary shall— vide teachers of nursing students. associated with the cost of tuition at institu- ‘‘(1) ensure an equitable distribution of ‘‘(b) DETERMINATION OF NUMBER OF STU- tions of higher education. grant funds under this section among urban DENTS AND APPLICATION.—Each institution of ‘‘(b) TIMEFRAME.—The Secretary shall and rural areas of the United States; and higher education that offers a program de- enter into the contract described in sub- ‘‘(2) take into consideration the capability scribed in subsection (a) that desires to re- section (a) not later than 90 days after the of the institution of higher education— ceive a grant under this section shall— date of enactment of the Higher Education ‘‘(A) to offer relevant, high quality instruc- ‘‘(1) determine for the 4 academic years Amendments of 2007. tion and job skill training for students enter- preceding the academic year for which the ‘‘(c) MATTERS ASSESSED.—The assessment ing a high-growth occupation or industry; determination is made the average number described in subsection (a) shall— ‘‘(B) to involve the local business commu- of matriculated nursing program students at ‘‘(1) examine the key elements driving the nity and to place graduates in the commu- such institution for such academic years; cost factors associated with the cost of tui- nity in employment in high-growth occupa- and tion at institutions of higher education dur- tions or industries; ‘‘(2) submit an application to the Secretary ing the 2001–2002 academic year and suc- ‘‘(C) to provide secondary students with at such time, in such manner, and accom- ceeding academic years; dual-enrollment or concurrent enrollment panied by such information as the Secretary ‘‘(2) identify and evaluate measures being options; may require, including the average number used to control postsecondary education ‘‘(D) to serve nontraditional or low-income determined under paragraph (1). costs; ‘‘(c) GRANT AMOUNT; AWARD BASIS.— students, or adult or displaced workers; and ‘‘(3) identify and evaluate effective meas- ‘‘(1) GRANT AMOUNT.—For each academic ‘‘(E) to serve students from rural or remote ures that may be utilized to control postsec- year after academic year 2006–2007, the Sec- communities. ondary education costs in the future; and retary shall provide to each institution of ‘‘(e) USE OF FUNDS.—Grant funds provided ‘‘(4) identify systemic approaches to mon- higher education awarded a grant under this under this section may be used— itor future postsecondary education cost section an amount that is equal to $3,000 ‘‘(1) to expand or create academic pro- trends and postsecondary education cost multiplied by the number of matriculated grams or programs of training that provide control mechanisms. nursing program students at such institution relevant job skill training for high-growth for such academic year that is more than the ‘‘PART C—JOB SKILL TRAINING IN HIGH- occupations or industries; average number determined with respect to GROWTH OCCUPATIONS OR INDUSTRIES ‘‘(2) to purchase equipment which will fa- such institution under subsection (b)(1). ‘‘SEC. 821. JOB SKILL TRAINING IN HIGH-GROWTH cilitate the development of academic pro- OCCUPATIONS OR INDUSTRIES. Such amount shall be used for the purposes grams or programs of training that provide described in subsection (a). ‘‘(a) GRANTS AUTHORIZED.—The Secretary training for high-growth occupations or in- ‘‘(2) DISTRIBUTION OF GRANTS AMONG DIF- is authorized to award grants, on a competi- dustries; tive basis, to eligible partnerships to enable FERENT DEGREE PROGRAMS.— ‘‘(3) to support outreach efforts that enable the eligible partnerships to provide relevant ‘‘(A) IN GENERAL.—Subject to subparagraph students to attend institutions of higher job skill training in high-growth industries (B), from the funds available to award grants education with academic programs or pro- or occupations. under this section for each fiscal year, the grams of training focused on high-growth oc- ‘‘(b) DEFINITIONS.—In this section: Secretary shall— cupations or industries; ‘‘(1) ELIGIBLE PARTNERSHIP.—The term ‘eli- ‘‘(i) use 20 percent of such funds to award gible partnership’ means a partnership— ‘‘(4) to expand or create programs for dis- grants under this section to institutions of ‘‘(A) between an institution of higher edu- tance, evening, weekend, modular, or com- higher education for the purpose of accom- cation and a local board (as such term is de- pressed learning opportunities that provide modating advanced practice degrees or stu- fined in section 101 of the Workforce Invest- relevant job skill training in high-growth oc- dents in graduate-level nursing programs; ment Act of 1998); or cupations or industries; ‘‘(ii) use 40 percent of such funds to award ‘‘(B) if an institution of higher education is ‘‘(5) to build partnerships with local busi- grants under this section to institutions of located within a State that does not operate nesses in high-growth occupations or indus- higher education for the purpose of expand- local boards, between the institution of high- tries; ing R.N. nursing programs at the bacca- er education and a State board (as such term ‘‘(6) to support curriculum development re- laureate degree level; and is defined in section 101 of the Workforce In- lated to entrepreneurial training; and ‘‘(iii) use 40 percent of such funds to award vestment Act of 1998). ‘‘(7) for other uses that the Secretary de- grants under this section to institutions of termines to be consistent with the intent of ‘‘(2) NONTRADITIONAL STUDENT.—The term higher education for the purpose of expand- ‘nontraditional student’ means a student this section. ing R.N. nursing programs at the associate who— ‘‘(f) REQUIREMENTS.— degree level. ‘‘(A) is independent, as defined in section ‘‘(1) FISCAL AGENT.—For the purpose of this ‘‘(B) DISTRIBUTION OF EXCESS FUNDS.—If, for 480(d); section, the institution of higher education a fiscal year, funds described in clause (i), ‘‘(B) attends an institution of higher edu- in an eligible partnership shall serve as the (ii), or (iii) of subparagraph (A) remain after cation— fiscal agent and grant recipient for the eligi- the Secretary awards grants under this sec- ‘‘(i) on less than a full-time basis; ble partnership. tion to all applicants for the particular cat- ‘‘(ii) via evening, weekend, modular, or ‘‘(2) DURATION.—The Secretary shall award egory of nursing programs described in such compressed courses; or grants under this section for periods that clause, the Secretary shall use equal ‘‘(iii) via distance education methods; or may not exceed 5 years. amounts of the remaining funds to award ‘‘(C) has delayed enrollment at an institu- ‘‘(3) SUPPLEMENT, NOT SUPPLANT.—Funds grants under this section to applicants for tion of higher education. made available under this section shall be the remaining categories of nursing pro- used to supplement and not supplant other ‘‘(3) INSTITUTION OF HIGHER EDUCATION.— grams. The term ‘institution of higher education’ Federal, State, and local funds available to ‘‘(C) EQUITABLE DISTRIBUTION.—In awarding means an institution of higher education, as the eligible partnership for carrying out the grants under this section, the Secretary defined in section 101(b), that offers a 1- or 2- activities described in subsection (e). shall, to the extent practicable, ensure— year program of study leading to a degree or ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) an equitable geographic distribution of certificate. There are authorized to be appropriated to the grants among the States; and ‘‘(c) APPLICATION.— carry out this part such sums as may be nec- ‘‘(ii) an equitable distribution of the grants ‘‘(1) IN GENERAL.—Each eligible partnership essary for fiscal year 2008 and each of the 5 among different types of institutions of high- that desires a grant under this section shall succeeding fiscal years. er education. submit an application to the Secretary at ‘‘PART D—ADDITIONAL CAPACITY FOR ‘‘(d) PROHIBITION.— such time, in such manner, and accompanied R.N. STUDENTS OR GRADUATE-LEVEL ‘‘(1) IN GENERAL.—Funds provided under by such additional information as the Sec- NURSING STUDENTS this section may not be used for the con- retary may require. ‘‘SEC. 826. ADDITIONAL CAPACITY FOR R.N. STU- struction of new facilities. ‘‘(2) CONTENTS.—Each application sub- DENTS OR GRADUATE-LEVEL NURS- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in mitted under paragraph (1) shall include a ING STUDENTS. paragraph (1) shall be construed to prohibit description of— ‘‘(a) AUTHORIZATION.—The Secretary shall funds provided under this section from being ‘‘(A) how the eligible partnership, through award grants to institutions of higher edu- used for the repair or renovation of facilities. the institution of higher education, will pro- cation that offer— ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— vide relevant job skill training for students ‘‘(1) a R.N. nursing program at the bacca- There are authorized to be appropriated to to enter high-growth occupations or indus- laureate or associate degree level to enable carry out this section such sums as may be tries; such program to expand the faculty and fa- necessary. ‘‘(B) local high-growth occupations or in- cilities of such program to accommodate ad- ‘‘PART E—AMERICAN HISTORY FOR dustries; and ditional R.N. nursing program students; or FREEDOM ‘‘(C) the need for qualified workers to meet ‘‘(2) a graduate-level nursing program to ‘‘SEC. 831. AMERICAN HISTORY FOR FREEDOM. the local demand of high-growth occupations accommodate advanced practice degrees for ‘‘(a) GRANTS AUTHORIZED.—The Secretary or industries. R.N.s or to accommodate students enrolled is authorized to award 3-year grants, on a

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00174 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10031 competitive basis, to eligible institutions to ‘‘(iv) support for faculty teaching in under- ‘‘(B) Providing preservice training to the establish or strengthen postsecondary aca- graduate and, if applicable, graduate pro- teachers through a rigorous summer insti- demic programs or centers that promote and grams; tute that includes hands-on teaching experi- impart knowledge of— ‘‘(v) support for graduate and postgraduate ence and significant exposure to education ‘‘(1) traditional American history; fellowships, if applicable; or coursework and theory. ‘‘(2) the history and nature of, and threats ‘‘(vi) teacher preparation initiatives that ‘‘(C) Placing the teachers in schools and to, free institutions; or stress content mastery regarding traditional positions designated by partner local edu- ‘‘(3) the history and achievements of West- American history, free institutions, or West- cational agencies as high need placements ern civilization. ern civilization; and serving underserved students. ‘‘(b) DEFINITIONS.—In this section: ‘‘(B) conduct outreach activities to ensure ‘‘(D) Providing ongoing professional devel- ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eli- that information about the activities funded opment activities for the teachers’ first 2 gible institution’ means an institution of under this part is widely disseminated— years in the classroom, including regular higher education as defined in section 101. ‘‘(i) to undergraduate students (including classroom observations and feedback, and ‘‘(2) FREE INSTITUTION.—The term ‘free in- students enrolled in teacher education pro- ongoing training and support. stitution’ means an institution that emerged grams, if applicable); ‘‘(2) LIMITATION.—The grantee shall use all out of Western civilization, such as democ- ‘‘(ii) to graduate students (including stu- grant funds received under this section to racy, constitutional government, individual dents enrolled in teacher education pro- support activities related directly to the re- rights, market economics, religious freedom grams), if applicable; cruitment, selection, training, and support and religious tolerance, and freedom of ‘‘(iii) to faculty; of teachers as described in subsection (a). thought and inquiry. ‘‘(iv) to local educational agencies; and ‘‘(e) REPORTS AND EVALUATIONS.— ‘‘(3) TRADITIONAL AMERICAN HISTORY.—The ‘‘(v) within the local community. ‘‘(1) ANNUAL REPORT.—The grantee shall term ‘traditional American history’ means— ‘‘(2) ALLOWABLE USES OF FUNDS.—Funds provide to the Secretary an annual report ‘‘(A) the significant constitutional, polit- provided under this part may be used to sup- that includes— ical, intellectual, economic, and foreign pol- port— ‘‘(A) data on the number and quality of the icy trends and issues that have shaped the ‘‘(A) collaboration with entities such as— teachers provided to local educational agen- course of American history; and ‘‘(i) local educational agencies, for the pur- cies through a grant under this section; ‘‘(B) the key episodes, turning points, and pose of providing elementary, middle and ‘‘(B) an externally conducted analysis of leading figures involved in the constitu- secondary school teachers an opportunity to the satisfaction of local educational agencies tional, political, intellectual, diplomatic, enhance their knowledge of traditional and principals with the teachers so provided; and economic history of the United States. American history, free institutions, or West- and ‘‘(c) APPLICATION.— ern civilization; and ‘‘(C) comprehensive data on the back- ‘‘(1) IN GENERAL.—Each eligible institution ‘‘(ii) nonprofit organizations whose mission ground of the teachers chosen, the training that desires a grant under this part shall is consistent with the purpose of this part, the teachers received, the placement sites of submit an application to the Secretary at such as academic organizations, museums, the teachers, the professional development such time, in such manner, and accompanied and libraries, for assistance in carrying out of the teachers, and the retention of the by such additional information as the Sec- activities described under subsection (a); and teachers. retary may require. ‘‘(B) other activities that meet the pur- ‘‘(2) STUDY.— ‘‘(2) CONTENTS.—Each application sub- poses of this part. ‘‘(A) IN GENERAL.—From funds appro- mitted under subsection (a) shall include a ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— priated under subsection (f), the Secretary description of — For the purpose of carrying out this part, shall provide for a study that examines the ‘‘(A) how funds made available under this there are authorized to be appropriated such achievement levels of the students taught by part will be used for the activities set forth sums as may be necessary for fiscal year 2008 the teachers assisted under this section. under subsection (e), including how such ac- and each of the 5 succeeding fiscal years. ‘‘(B) ACHIEVEMENT GAINS COMPARED.—The tivities will increase knowledge with respect ‘‘PART F—TEACH FOR AMERICA study shall compare, within the same to traditional American history, free institu- schools, the achievement gains made by stu- ‘‘SEC. 836. TEACH FOR AMERICA. tions, or Western civilization; dents taught by teachers who are assisted ‘‘(a) DEFINITIONS.— ‘‘(B) how the eligible institution will en- under this section with the achievement ‘‘(1) IN GENERAL.—The terms ‘highly quali- sure that information about the activities gains made by students taught by teachers fied’, ‘local educational agency’, and ‘Sec- funded under this part is widely dissemi- who are not assisted under this section. nated pursuant to subsection (e)(1)(B); retary’ have the meanings given the terms in ‘‘(3) REQUIREMENTS.—The Secretary shall section 9101 of the Elementary and Sec- ‘‘(C) any activities to be undertaken pursu- provide for such a study not less than once ondary Education Act of 1965 (20 U.S.C. 7801). ant to subsection (e)(2)(A), including identi- every 3 years, and each such study shall in- ‘‘(2) GRANTEE.—The term ‘grantee’ means fication of entities intended to participate; clude multiple placement sites and multiple Teach For America, Inc. ‘‘(D) how funds made available under this schools within placement sites. part shall be used to supplement and not ‘‘(3) HIGH NEED.—The term ‘high need’, ‘‘(4) PEER REVIEW STANDARDS.—Each such when used with respect to a local edu- supplant non-Federal funds available for the study shall meet the peer review standards cational agency, means a local educational activities described in subsection (e); and of the education research community. ‘‘(E) such fiscal controls and accounting agency experiencing a shortage of highly ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— procedures as may be necessary to ensure qualified teachers. ‘‘(1) IN GENERAL.—There are authorized to ‘‘(b) GRANTS AUTHORIZED.—The Secretary proper disbursement of and accounting for be appropriated to carry out this section is authorized to award a grant to Teach For funding made available to the eligible insti- such sums as may be necessary for fiscal America, Inc., the national teacher corps of tution under this part. year 2008 and each of the 5 succeeding fiscal ‘‘(d) AWARD BASIS.—In awarding grants outstanding recent college graduates who years. under this part, the Secretary shall take commit to teach for 2 years in underserved ‘‘(2) LIMITATION.—The grantee shall not use into consideration the capability of the eligi- communities in the United States, to imple- more than 25 percent of Federal funds from ble institution to— ment and expand its program of recruiting, any source for administrative costs. ‘‘(1) increase access to quality program- selecting, training, and supporting new ming that expands knowledge of traditional teachers. ‘‘PART G—PATSY T. MINK FELLOWSHIP American history, free institutions, or West- ‘‘(c) REQUIREMENTS.—In carrying out the PROGRAM ern civilization; grant program under subsection (b), the Sec- ‘‘SEC. 841. PATSY T. MINK FELLOWSHIP PRO- ‘‘(2) involve personnel with strong exper- retary shall enter into an agreement with GRAM. tise in traditional American history, free in- the grantee under which the grantee agrees ‘‘(a) PURPOSE.— stitutions, or Western civilization; and to use the grant funds provided under this ‘‘(1) IN GENERAL.—It is the purpose of this ‘‘(3) sustain the activities funded under section— section to provide, through eligible institu- this part after the grant has expired. ‘‘(1) to provide highly qualified teachers to tions, a program of fellowship awards to as- ‘‘(e) USE OF FUNDS.— high need local educational agencies in sist highly qualified minorities and women ‘‘(1) REQUIRED USE OF FUNDS.—Funds pro- urban and rural communities; to acquire the doctoral degree, or highest vided under this part shall be used to— ‘‘(2) to pay the cost of recruiting, selecting, possible degree available, in academic areas ‘‘(A) establish or strengthen academic pro- training, and supporting new teachers; and in which such individuals are underrep- grams or centers focused on traditional ‘‘(3) to serve a substantial number and per- resented for the purpose of enabling such in- American history, free institutions, or West- centage of underserved students. dividuals to enter the higher education pro- ern civilization, which may include— ‘‘(d) AUTHORIZED ACTIVITIES.— fessoriate. ‘‘(i) design and implementation of pro- ‘‘(1) IN GENERAL.—Grant funds provided ‘‘(2) DESIGNATION.—Each recipient of a fel- grams of study, courses, lecture series, semi- under this section shall be used by the grant- lowship award from an eligible institution nars, and symposia; ee to carry out each of the following activi- receiving a grant under this section shall be ‘‘(ii) development, publication, and dis- ties: known as a ‘Patsy T. Mink Graduate Fellow’. semination of instructional materials; ‘‘(A) Recruiting and selecting teachers ‘‘(b) DEFINITIONS.—In this section, the term ‘‘(iii) research; through a highly selective national process. ‘eligible institution’ means an institution of

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00175 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10032 CONGRESSIONAL RECORD — SENATE July 25, 2007 higher education, or a consortium of such in- ‘‘(i) are eligible for assistance under title year period may be extended by the Sec- stitutions, that offers a program of III or title V; or retary for extraordinary circumstances; and postbaccalaureate study leading to a grad- ‘‘(ii) have formed a consortium that in- ‘‘(ii) to be employed by such institution for uate degree. cludes both non-minority serving institu- 1 year for each year of fellowship assistance ‘‘(c) PROGRAM AUTHORIZED.— tions and minority serving institutions. received under this section. ‘‘(1) GRANTS BY SECRETARY.— ‘‘(C) ALLOCATION.—In awarding grants ‘‘(2) FAILURE TO COMPLY.—If an individual ‘‘(A) IN GENERAL.—The Secretary shall under this section, the Secretary shall allo- who receives a fellowship award under this award grants to eligible institutions to en- cate appropriate funds to those eligible insti- section fails to comply with the agreement able such institutions to make fellowship tutions whose applications indicate an abil- signed pursuant to subsection (a)(2), then the awards to individuals in accordance with the ity to significantly increase the numbers of Secretary shall do 1 or both of the following: provisions of this section. minorities and women entering the higher ‘‘(A) Require the individual to repay all or ‘‘(B) PRIORITY CONSIDERATION.—In awarding education professoriate and that commit in- the applicable portion of the total fellowship grants under this section, the Secretary stitutional resources to the attainment of amount awarded to the individual by con- shall consider the eligible institution’s prior the purpose of this section. verting the balance due to a loan at the in- experience in producing doctoral degree, or ‘‘(D) NUMBER OF FELLOWSHIP AWARDS.—An terest rate applicable to loans made under highest possible degree available, holders eligible institution that receives a grant part B of title IV. who are minorities and women, and shall under this section shall make not less than ‘‘(B) Impose a fine or penalty in an amount give priority consideration in making grants 15 fellowship awards. to be determined by the Secretary. under this section to those eligible institu- ‘‘(E) REALLOTMENT.—If the Secretary de- ‘‘(3) WAIVER AND MODIFICATION.— tions with a demonstrated record of pro- termines that an eligible institution awarded ‘‘(A) REGULATIONS.—The Secretary shall ducing minorities and women who have a grant under this section is unable to use promulgate regulations setting forth criteria earned such degrees. all of the grant funds awarded to the institu- to be considered in granting a waiver for the ‘‘(2) APPLICATIONS.— tion, the Secretary shall reallot, on such service requirement under subsection (a)(2). ‘‘(A) IN GENERAL.—An eligible institution date during each fiscal year as the Secretary ‘‘(B) CONTENT.—The criteria under para- that desires a grant under this section shall may fix, the unused funds to other eligible graph (1) shall include whether compliance submit an application to the Secretary at institutions that demonstrate that such in- with the service requirement by the fellow- such time, in such manner, and containing stitutions can use any reallocated grant ship recipient would be— such information as the Secretary may re- funds to make fellowship awards to individ- ‘‘(i) inequitable and represent an extraor- quire. uals under this section. dinary hardship; or ‘‘(B) APPLICATIONS MADE ON BEHALF.— ‘‘(5) INSTITUTIONAL ALLOWANCE.— ‘‘(ii) deemed impossible because the indi- ‘‘(i) IN GENERAL.—The following entities ‘‘(A) IN GENERAL.— vidual is permanently and totally disabled at may submit an application on behalf of an ‘‘(i) NUMBER OF ALLOWANCES.—In awarding the time of the waiver request. eligible institution: grants under this section, the Secretary ‘‘(4) AMOUNT OF FELLOWSHIP AWARDS.—Fel- ‘‘(I) A graduate school or department of shall pay to each eligible institution award- lowship awards under this section shall con- such institution. ed a grant, for each individual awarded a fel- sist of a stipend in an amount equal to the ‘‘(II) A graduate school or department of lowship by such institution under this sec- level of support provided to the National such institution in collaboration with an un- tion, an institutional allowance. Science Foundation graduate fellows, except dergraduate college or university of such in- ‘‘(ii) AMOUNT.—Except as provided in para- that such stipend shall be adjusted as nec- stitution. graph (3), an institutional allowance shall be essary so as not to exceed the fellow’s tui- ‘‘(III) An organizational unit within such in an amount equal to, for academic year tion and fees or demonstrated need (as deter- institution that offers a program of 2007–2008 and succeeding academic years, the mined by the institution of higher education postbaccalaureate study leading to a grad- amount of institutional allowance made to where the graduate student is enrolled), uate degree, including an interdisciplinary an institution of higher education under sec- whichever is greater. or an interdepartmental program. tion 715 for such academic year. ‘‘(5) ACADEMIC PROGRESS REQUIRED.—An in- ‘‘(IV) A nonprofit organization with a dem- ‘‘(B) USE OF FUNDS.—Institutional allow- onstrated record of helping minorities and ances may be expended in the discretion of dividual student shall not be eligible to re- women earn postbaccalaureate degrees. the eligible institution and may be used to ceive a fellowship award— ‘‘(ii) NONPROFIT ORGANIZATIONS.—Nothing provide, except as prohibited under para- ‘‘(A) except during periods in which such in this paragraph shall be construed to per- graph (4), academic support and career tran- student is enrolled, and such student is mit the Secretary to award a grant under sition services for individuals awarded fel- maintaining satisfactory academic progress this section to an entity other than an eligi- lowships by such institution. in, and devoting essentially full time to, ble institution. ‘‘(C) REDUCTION.—The institutional allow- study or research in the pursuit of the degree ‘‘(3) SELECTION OF APPLICATIONS.—In ance paid under paragraph (1) shall be re- for which the fellowship support was award- awarding grants under subsection (a), the duced by the amount the eligible institution ed; and Secretary shall— charges and collects from a fellowship recipi- ‘‘(B) if the student is engaged in gainful ‘‘(A) take into account— ent for tuition and other expenses as part of employment, other than part-time employ- ‘‘(i) the number and distribution of minor- the recipient’s instructional program. ment in teaching, research, or similar activ- ity and female faculty nationally; ‘‘(D) USE FOR OVERHEAD PROHIBITED.— ity determined by the eligible institution to ‘‘(ii) the current and projected need for Funds made available under this section may be consistent with and supportive of the stu- highly trained individuals in all areas of the not be used for general operational overhead dent’s progress toward the appropriate de- higher education professoriate; and of the academic department or institution gree. ‘‘(iii) the present and projected need for receiving funds under this section. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in highly trained individuals in academic ca- ‘‘(d) FELLOWSHIP RECIPIENTS.— this section shall be construed to require an reer fields in which minorities and women ‘‘(1) AUTHORIZATION.—An eligible institu- eligible institution that receives a grant are underrepresented in the higher education tion that receives a grant under this section under this section— professoriate; and shall use the grant funds to make fellowship ‘‘(1) to grant a preference or to differen- ‘‘(B) consider the need to prepare a large awards to minorities and women who are en- tially treat any applicant for a faculty posi- number of minorities and women generally rolled at such institution in a doctoral de- tion as a result of the institution’s participa- in academic career fields of high national gree, or highest possible degree available, tion in the program under this section; or priority, especially in areas in which such in- program and— ‘‘(2) to hire a Patsy T. Mink Fellow who dividuals are traditionally underrepresented ‘‘(A) intend to pursue a career in instruc- completes this program and seeks employ- in college and university faculty. tion at— ment at such institution. ‘‘(4) DISTRIBUTION AND AMOUNTS OF ‘‘(i) an institution of higher education (as ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— GRANTS.— the term is defined in section 101); There is authorized to be appropriated to ‘‘(A) EQUITABLE DISTRIBUTION.—In awarding ‘‘(ii) an institution of higher education (as carry out this section such sums as may be grants under this section, the Secretary the term is defined in section 102(a)(1)); necessary for fiscal year 2008 for each of the shall, to the maximum extent feasible, en- ‘‘(iii) an institution of higher education 5 succeeding fiscal years. 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,

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00176 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10033 disaggregated by secondary school, in full parison with the average educational and ‘‘(C) at which not less than 50 percent of compliance with the Family Education general expenditure per full-time equivalent the undergraduate students are enrolled in Rights and Privacy Act of 1974; undergraduate student of institutions that an educational program leading to a bach- ‘‘(2) to identify not less than 50 urban local offer similar instruction, except that the elor’s or associate’s degree that the eligible educational agencies and 5 States with sig- Secretary may apply the waiver require- institution is licensed to award by the State nificant rural populations, each serving a ments described in section 392(b) to this sub- in which the eligible institution is located. significant population of low-income stu- paragraph in the same manner as the Sec- ‘‘(9) STATE.—The term ‘State’ means each dents, and to carry out a comprehensive retary applies the waiver requirements to of the 50 States and the District of Columbia. needs assessment in the agencies and States section 312(b)(1)(B); ‘‘(c) GRANT AUTHORITY.— of the factors known to contribute to im- ‘‘(C) has an enrollment of undergraduate ‘‘(1) IN GENERAL.—The Secretary is author- proved higher education enrollment rates, students that is not less than 40 percent ized to award grants, from allotments under which factors shall include— Black American students; subsection (e), to Predominantly Black In- ‘‘(A) an evaluation of the local educational ‘‘(D) is legally authorized to provide, and stitutions to enable the Predominantly agency’s and State’s leadership strategies; provides within the State, an educational Black Institutions to carry out the author- ‘‘(B) the secondary school curriculum and program for which the institution of higher ized activities described in subsection (d). class offerings of the local educational agen- education awards a baccalaureate degree, or ‘‘(2) PRIORITY.—In awarding grants under cy and State; in the case of a junior or community college, this section the Secretary shall give priority ‘‘(C) the professional development used by an associate’s degree; and to Predominantly Black Institutions with the local educational agency and the State ‘‘(E) is accredited by a nationally recog- large numbers or percentages of students de- to assist teachers, higher education coun- nized accrediting agency or association de- scribed in subsections (b)(2)(A) or (b)(2)(C). selors, and administrators in supporting the termined by the Secretary to be a reliable The level of priority given to Predominantly transition of secondary students into higher authority as to the quality of training of- Black Institutions with large numbers or education; fered, or is, according to such an agency or percentages of students described in sub- ‘‘(D) secondary school student attendance association, making reasonable progress to- section (b)(2)(A) shall be twice the level of and other factors demonstrated to be associ- ward accreditation. priority given to Predominantly Black Insti- NDOWMENT FUND.—The term ‘endow- ated with enrollment into higher education; ‘‘(3) E tutions with large numbers or percentages of ment fund’ has the meaning given the term ‘‘(E) the data systems used by the local students described in subsection (b)(2)(C). in section 312. educational agency and the State to measure ‘‘(d) AUTHORIZED ACTIVITIES.— college enrollment rates and the incentives ‘‘(4) ENROLLMENT OF NEEDY STUDENTS.—The term ‘enrollment of needy students’ means ‘‘(1) REQUIRED ACTIVITIES.—Grant funds in place to motivate the efforts of faculty provided under this section shall be used— and students to improve student and school- the enrollment at an eligible institution with respect to which not less than 50 per- ‘‘(A) to assist the Predominantly Black In- wide outcomes; and stitution to plan, develop, undertake, and ‘‘(F) strategies to mobilize student leaders cent of the undergraduate students enrolled in an academic program leading to a de- implement programs to enhance the institu- to build a college-bound culture; and tion’s capacity to serve more low- and mid- ‘‘(3) to provide comprehensive services to gree— ‘‘(A) in the second fiscal year preceding the dle-income Black American students; improve the school-wide higher education fiscal year for which the determination is ‘‘(B) to expand higher education opportuni- enrollment rates of each of not less than 10 made, were Federal Pell Grant recipients for ties for students eligible to participate in local educational agencies and States, with such year; programs under title IV by encouraging col- the federally funded portion of each project ‘‘(B) come from families that receive bene- lege preparation and student persistence in declining by not less than 20 percent each fits under a means-tested Federal benefit secondary school and postsecondary edu- year beginning in the second year of the program; cation; and comprehensive services, that— ‘‘(C) attended a public or nonprofit private ‘‘(C) to strengthen the financial ability of ‘‘(A) participated in the needs assessment secondary school— the Predominantly Black Institution to described in paragraph (2); and ‘‘(i) that is in the school district of a local serve the academic needs of the students de- ‘‘(B) demonstrated a willingness and com- educational agency that was eligible for as- scribed in subparagraphs (A) and (B). mitment to improving the higher education sistance under part A of title I of the Ele- ‘‘(2) ADDITIONAL ACTIVITIES.—Grant funds enrollment rates of the local educational mentary and Secondary Education Act of provided under this section shall be used for agency or State, respectively. 1965 for any year during which the student 1 or more of the following activities: RANT RECIPIENT CRITERIA.—The re- ‘‘(b) G attended such secondary school; and ‘‘(A) The activities described in paragraphs cipient of the grant awarded under sub- ‘‘(ii) which for the purpose of this para- (1) through (11) of section 311(c). section (a) shall be a nonprofit organization graph and for that year was determined by ‘‘(B) Academic instruction in disciplines in with demonstrated expertise— the Secretary (pursuant to regulations and which Black Americans are underrep- ‘‘(1) in increasing school-wide higher edu- after consultation with the State edu- resented. cation enrollment rates in low-income com- cational agency of the State in which the ‘‘(C) Establishing or enhancing a program munities nationwide by providing cur- school is located) to be a school in which the of teacher education designed to qualify stu- riculum, training, and technical assistance enrollment of children counted under section dents to teach in a public elementary school to secondary school staff and student peer 1113(a)(5) of such Act exceeds 30 percent of or secondary school in the State that shall influencers; and the total enrollment of such school; or include, as part of such program, preparation ‘‘(2) in a college transition data manage- ‘‘(D) are first-generation college students for teacher certification or licensure. ment system. and a majority of such first-generation col- ‘‘(D) Establishing community outreach ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— lege students are low-income individuals. programs that will encourage elementary There are authorized to be appropriated to ‘‘(5) FIRST GENERATION COLLEGE STUDENT.— school and secondary school students to de- carry out this section such sums as are nec- The term ‘first generation college student’ velop the academic skills and the interest to essary for fiscal year 2008 and each of the 5 has the meaning given the term in section pursue postsecondary education. succeeding fiscal years. 402A(g). ‘‘(E) Other activities proposed in the appli- ‘‘PART I—PREDOMINANTLY BLACK ‘‘(6) LOW-INCOME INDIVIDUAL.—The term cation submitted pursuant to subsection (f) INSTITUTIONS ‘low-income individual’ has the meaning that— ‘‘SEC. 850. PREDOMINANTLY BLACK INSTITU- given such term in section 402A(g). ‘‘(i) contribute to carrying out the purpose TIONS. ‘‘(7) MEANS-TESTED FEDERAL BENEFIT PRO- of this section; and ‘‘(a) PURPOSE.—It is the purpose of this GRAM.—The term ‘means-tested Federal ben- ‘‘(ii) are approved by the Secretary as part section to assist Predominantly Black Insti- efit program’ means a program of the Fed- of the review and approval of an application tutions in expanding educational oppor- eral Government, other than a program submitted under subsection (f). tunity through a program of Federal assist- under title IV, in which eligibility for the ‘‘(3) ENDOWMENT FUND.— ance. program’s benefits, or the amount of such ‘‘(A) IN GENERAL.—A Predominantly Black ‘‘(b) DEFINITIONS.—In this section: benefits, are determined on the basis of in- Institution may use not more than 20 per- ‘‘(1) EDUCATIONAL AND GENERAL EXPENDI- come or resources of the individual or family cent of the grant funds provided under this TURES.—The term ‘educational and general seeking the benefit. section to establish or increase an endow- expenditures’ has the meaning given the ‘‘(8) PREDOMINANTLY BLACK INSTITUTION.— ment fund at the institution. term in section 312. The term ‘Predominantly Black Institution’ ‘‘(B) MATCHING REQUIREMENT.—In order to ‘‘(2) ELIGIBLE INSTITUTION.—The term ‘eli- means an institution of higher education, as be eligible to use grant funds in accordance gible institution’ means an institution of defined in section 101(a)— with subparagraph (A), a Predominantly higher education that— ‘‘(A) that is an eligible institution with not Black Institution shall provide matching ‘‘(A) has an enrollment of needy under- less than 1,000 undergraduate students; funds from non-Federal sources, in an graduate students; ‘‘(B) at which not less than 50 percent of amount equal to or greater than the Federal ‘‘(B) has an average educational and gen- the undergraduate students enrolled at the funds used in accordance with subparagraph eral expenditure which is low, per full-time eligible institution are low-income individ- (A), for the establishment or increase of the equivalent undergraduate student in com- uals or first generation college students; and endowment fund.

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‘‘(C) COMPARABILITY.—The provisions of such period as the Secretary determines ap- ‘‘(c) EQUITABLE GEOGRAPHIC DISTRIBU- part C of title III, regarding the establish- propriate. TION.—In awarding grants under this part, ment or increase of an endowment fund, that ‘‘(f) APPLICATIONS.—Each Predominantly the Secretary shall take into consideration the Secretary determines are not incon- Black Institution desiring a grant under this providing an equitable geographic distribu- sistent with this subsection, shall apply to section shall submit an application to the tion of such grants. funds used under subparagraph (A). Secretary at such time, in such manner, and ‘‘(d) DURATION.—Grants under this part ‘‘(4) LIMITATION.—Not more than 50 percent containing or accompanied by such informa- shall be awarded for a period of 5 years. of the grant funds provided to a Predomi- tion as the Secretary may reasonably re- ‘‘SEC. 855. STATE TASK FORCE ESTABLISHMENT. nantly Black Institution under this section quire. ‘‘(a) STATE TASK FORCE ESTABLISHED.—The may be available for the purpose of con- ‘‘(g) PROHIBITION.—No Predominantly Governor of a State receiving a grant under structing or maintaining a classroom, li- Black Institution that applies for and re- this part shall establish, or designate an ex- brary, laboratory, or other instructional fa- ceives a grant under this section may apply isting entity to serve as, the State Early cility. for or receive funds under any other program Childhood Education Professional Develop- ‘‘(e) ALLOTMENTS TO PREDOMINANTLY BLACK under part A or part B of title III. ment and Career Task Force (hereafter in INSTITUTIONS.— ‘‘(h) DURATION AND CARRYOVER.—Any grant this part referred to as the ‘State Task ‘‘(1) FEDERAL PELL GRANT BASIS.—From the funds paid to a Predominantly Black Institu- Force’). amounts appropriated to carry out this sec- tion under this section that are not expended ‘‘(b) MEMBERSHIP.—The State Task Force tion for any fiscal year, the Secretary shall or used for the purposes for which the funds shall include a representative of a State allot to each Predominantly Black Institu- were paid within 10 years following the date agency, an institution of higher education tion having an application approved under on which the grant was awarded, shall be re- (including an associate or a baccalaureate subsection (f) a sum that bears the same paid to the Treasury. degree granting institution of higher edu- ratio to one-half of that amount as the num- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— cation), an early childhood education pro- ber of Federal Pell Grant recipients in at- There are authorized to be appropriated to gram, a nonprofit early childhood organiza- tendance at such institution at the end of carry out this section such sums as may be tion, a statewide early childhood workforce the academic year preceding the beginning necessary for fiscal year 2008 and each of 5 scholarship or supplemental initiative, and of that fiscal year, bears to the total number succeeding fiscal years. any other entity or individual the Governor of Federal Pell Grant recipients at all such ‘‘PART J—EARLY CHILDHOOD EDUCATION determines appropriate. institutions at the end of such academic PROFESSIONAL DEVELOPMENT AND CA- ‘‘SEC. 856. STATE TASK FORCE ACTIVITIES. year. REER TASK FORCE ‘‘(2) GRADUATES BASIS.—From the amounts ‘‘(a) ACTIVITIES.—The State Task Force appropriated to carry out this section for ‘‘SEC. 851. SHORT TITLE. shall— any fiscal year, the Secretary shall allot to ‘‘This part may be cited as the ‘Early ‘‘(1) coordinate and communicate regularly each Predominantly Black Institution hav- Childhood Education Professional Develop- with the State Advisory Council on Early ing an application approved under subsection ment and Career Task Force Act’. Care and Education (hereafter in this part (f) a sum that bears the same ratio to one- ‘‘SEC. 852. PURPOSE. referred to as ‘State Advisory Council’) or a fourth of that amount as the number of grad- ‘‘It is the purpose of this part— similar State entity charged with creating a uates for such academic year at such institu- ‘‘(1) to improve the quality of the early comprehensive system of early care and edu- tion, bears to the total number of graduates childhood education workforce by creating a cation in the State, for the purposes of— for such academic year at all such institu- statewide early childhood education profes- ‘‘(A) integrating recommendations for tions. sional development and career task force for early childhood professional development ‘‘(3) GRADUATES SEEKING A HIGHER DEGREE early childhood education program staff, di- and career activities into the plans of the BASIS.—From the amounts appropriated to rectors, and administrators; and State Advisory Council; and carry out this section for any fiscal year, the ‘‘(2) to create— ‘‘(B) assisting in the implementation of Secretary shall allot to each Predominantly ‘‘(A) a coherent system of core com- professional development and career activi- Black Institution having an application ap- petencies, pathways to qualifications, cre- ties that are consistent with the plans de- proved under subsection (f) a sum that bears dentials, degrees, quality assurances, access, scribed in subparagraph (A); the same ratio to one-fourth of that amount and outreach, for early childhood education ‘‘(2) conduct a review of opportunities for as the percentage of graduates from such in- program staff, directors, and administrators, and barriers to high quality professional de- stitution who are admitted to and in attend- that is linked to compensation commensu- velopment, training, and higher education ance at, not later than 2 years after gradua- rate with experience and qualifications; degree programs, in early childhood develop- tion with an associate’s degree or a bacca- ‘‘(B) articulation agreements that enable ment and learning, including a periodic laureate degree, a baccalaureate degree- early childhood education professionals to statewide survey concerning the demo- granting institution or a graduate or profes- transition easily among degrees; and graphics of individuals working in early sional school in a degree program in dis- ‘‘(C) compensation initiatives for individ- childhood education programs in the State, ciplines in which Black American students uals working in an early childhood education which survey shall include information are underrepresented, bears to the percent- program that reflect the individuals’ creden- disaggregated by— age of such graduates for all such institu- tials, degrees, and experience. ‘‘(A) race, gender, and ethnicity; tions. ‘‘SEC. 853. DEFINITION OF EARLY CHILDHOOD ‘‘(B) compensation levels; ‘‘(4) MINIMUM ALLOTMENT.— EDUCATION PROGRAM. ‘‘(C) type of early childhood education pro- ‘‘(A) IN GENERAL.—Notwithstanding para- ‘‘In this part, the term ‘early childhood gram setting; graphs (1), (2), and (3), the amount allotted education program’ means— ‘‘(D) specialized knowledge of child devel- to each Predominantly Black Institution ‘‘(1) a family child care program, center- opment; under this section shall not be less than based child care program, State prekinder- ‘‘(E) years of experience in an early child- $250,000. garten program, or school-based program, hood education program; and ‘‘(B) INSUFFICIENT AMOUNT.—If the amount that— ‘‘(F) attainment of— appropriated pursuant to subsection (i) for a ‘‘(A) provides early childhood education; ‘‘(i) academic credit for coursework; fiscal year is not sufficient to pay the min- ‘‘(B) uses developmentally appropriate ‘‘(ii) an academic degree; imum allotment provided under subpara- practices; ‘‘(iii) a credential; graph (A) for the fiscal year, then the ‘‘(C) is licensed or regulated by the State; ‘‘(iv) licensure; or amount of such minimum allotment shall be and ‘‘(v) certification in early childhood edu- ratably reduced. If additional sums become ‘‘(D) serves children from birth through cation; and available for such fiscal year, such reduced age 5; ‘‘(3) develop a plan for a comprehensive allotment shall be increased on the same ‘‘(2) a Head Start Program carried out statewide professional development and ca- basis as the allotment was reduced until the under the Head Start Act; or reer system for individuals working in early amount allotted equals the minimum allot- ‘‘(3) an Early Head Start Program carried childhood education programs or for early ment required under subparagraph (A). out under section 645A of the Head Start Act. childhood education providers, which plan ‘‘(5) REALLOTMENT.—The amount of a Pre- ‘‘SEC. 854. GRANTS AUTHORIZED. shall include— dominantly Black Institution’s allotment ‘‘(a) IN GENERAL.—The Secretary is author- ‘‘(A) methods of providing outreach to under paragraph (1), (2), (3), or (4) for any fis- ized to award grants to States in accordance early childhood education program staff, di- cal year that the Secretary determines will with the provisions of this part to enable rectors, and administrators, including meth- not be required for such institution for the such States— ods for how outreach is provided to non- period such allotment is available, shall be ‘‘(1) to establish a State Task Force de- English speaking providers, in order to en- available for reallotment to other Predomi- scribed in section 855; and able the providers to be aware of opportuni- nantly Black Institutions in proportion to ‘‘(2) to support activities of the State Task ties and resources under the statewide plan; the original allotment to such other institu- Force described in section 856. ‘‘(B) developing a unified data collection tions under this section for such fiscal year. ‘‘(b) COMPETITIVE BASIS.—Grants under and dissemination system for early child- The Secretary shall reallot such amounts this part shall be awarded on a competitive hood education training, professional devel- from time to time, on such date and during basis. opment, and higher education programs;

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00178 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10035 ‘‘(C) increasing the participation of early cation to the Secretary at such time, in such ‘‘PART K—IMPROVING SCIENCE, TECH- childhood educators in high quality training manner, and accompanied by such informa- NOLOGY, ENGINEERING, AND MATHE- and professional development by assisting in tion as the Secretary may reasonably re- MATICS EDUCATION WITH A FOCUS ON paying the costs of enrollment in and com- quire. Each such application shall include a ALASKA NATIVE AND NATIVE HAWAIIAN pletion of such training and professional de- description of— STUDENTS velopment courses; ‘‘(1) the membership of the State Task ‘‘(D) increasing the participation of early Force; ‘‘SEC. 861. IMPROVING SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS childhood educators in postsecondary edu- ‘‘(2) the activities for which the grant as- EDUCATION WITH A FOCUS ON ALAS- cation programs leading to degrees in early sistance will be used; KA NATIVE AND NATIVE HAWAIIAN childhood education by providing assistance ‘‘(3) other Federal, State, local, and private STUDENTS. to pay the costs of enrollment in and com- resources that will be available to support ‘‘(a) PURPOSE.—The purpose of this section pletion of such postsecondary education pro- the activities of the State Task Force de- is— grams, which assistance— scribed in section 856; ‘‘(1) to develop or expand programs for the ‘‘(i) shall only be provided to an individual ‘‘(4) the availability within the State of development of professionals in the fields of who— training, early childhood educator prepara- science, technology, engineering, and mathe- ‘‘(I) enters into an agreement under which tion, professional development, compensa- matics; and the individual agrees to work, for a reason- tion initiatives, and career systems, related ‘‘(2) to focus resources on meeting the edu- able number of years after receiving such a to early childhood education; and cational and cultural needs of Alaska Na- degree, in an early childhood education pro- ‘‘(5) the resources available within the tives and Native Hawaiians. gram that is located in a low-income area; State for such training, educator prepara- and tion, professional development, compensa- ‘‘(b) DEFINITIONS.—In this section: ‘‘(II) has a family income equal to or less tion initiatives, and career systems. ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’ has the meaning given the term ‘Na- than the annually adjusted national median ‘‘(b) REPORT TO THE SECRETARY.—Not later family income as determined by the Bureau than 2 years after receiving a grant under tive’ in section 3(b) of the Alaska Natives of the Census; and this part, a State shall submit a report to Claims Settlement Act (43 U.S.C. 1602(b)). ‘‘(ii) shall be provided in an amount that the Secretary that shall describe— ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— does not exceed $17,500; ‘‘(1) other Federal, State, local, and private The term ‘institution of higher education’ ‘‘(E) supporting professional development resources that will be used in combination has the meaning given the term in section activities and a career lattice for a variety of with a grant under this section to develop or 101(a). early childhood professional roles with vary- expand the State’s early childhood education ‘‘(3) ELIGIBLE PARTNERSHIP.—The term ‘eli- ing professional qualifications and respon- professional development and career activi- gible partnership’ means a partnership that sibilities for early childhood education per- ties; includes— sonnel, including strategies to enhance the ‘‘(2) the ways in which the State Advisory ‘‘(A) 1 or more colleges or schools of engi- compensation of such personnel; Council (or similar State entity) will coordi- neering; ‘‘(F) supporting articulation agreements nate the various State and local activities ‘‘(B) 1 or more colleges of science, engi- between 2- and 4-year public and private in- that support the early childhood education neering, or mathematics; stitutions of higher education and mecha- professional development and career system; ‘‘(C) 1 or more institutions of higher edu- nisms to transform other training, profes- and cation that offer 2-year degrees; and sional development, and experience into aca- ‘‘(3) the ways in which the State Task ‘‘(D) 1 or more private entities that— demic credit; Force will use funds provided under this part ‘‘(i) conduct career awareness activities ‘‘(G) developing mentoring and coaching and carry out the activities described in sec- showcasing local technology professionals; programs to support new educators in and di- tion 856. ‘‘(ii) encourage students to pursue edu- rectors of early childhood education pro- cation in science, technology, engineering, ‘‘SEC. 858. EVALUATIONS. grams; and mathematics from elementary school ‘‘(H) providing career development advis- ‘‘(a) STATE EVALUATION.—Each State re- through college, and careers in those fields, ing with respect to the field of early child- ceiving a grant under this part shall— with the assistance of local technology pro- hood education, including informing an indi- ‘‘(1) evaluate the activities that are as- fessionals; vidual regarding— sisted under this part in order to deter- ‘‘(iii) develop internships, apprenticeships, ‘‘(i) entry into and continuing education mine— and mentoring programs in partnership with requirements for professional roles in the ‘‘(A) the effectiveness of the activities in relevant industries; and field; achieving State goals; ‘‘(iv) assist with placement of interns and ‘‘(ii) available financial assistance; and ‘‘(B) the impact of a career lattice for indi- apprentices. ‘‘(iii) professional development and career viduals working in early childhood education ‘‘(4) NATIVE HAWAIIAN.—The term ‘Native advancement in the field; programs; Hawaiian’ has the meaning given the term in ‘‘(I) enhancing the quality of faculty and ‘‘(C) the impact of the activities on licens- section 7207 of the Elementary and Sec- coursework in postsecondary programs that ing or regulating requirements for individ- ondary Education Act of 1965. lead to an associate, baccalaureate, or grad- uals in the field of early childhood develop- ‘‘(c) GRANT AUTHORIZED.—The Secretary is uate degree in early childhood education; ment; authorized to award a grant to an eligible ‘‘(J) consideration of the availability of on- ‘‘(D) the impact of the activities, and the partnership to enable the eligible partner- line graduate level professional development impact of the statewide plan described in ship to expand programs for the development offered by institutions of higher education section 856(a)(3), on the quality of education, of science, technology, engineering, or math- with experience and demonstrated expertise professional development, and training re- ematics professionals, from elementary in establishing programs in child develop- lated to early childhood education programs school through college, including existing ment, in order to improve the skills and ex- that are offered in the State; programs for Alaska Native and Native Ha- pertise of individuals working in early child- ‘‘(E) the change in compensation and re- waiian students. tention of individuals working in early child- hood education programs; and ‘‘(d) USES OF FUNDS.—Grant funds under ‘‘(K) developing or enhancing a system of hood education programs within the State resulting from the activities; and this section shall be used for 1 or more of the quality assurance with respect to the early following: childhood education professional develop- ‘‘(F) the impact of the activities on the de- mographic characteristics of individuals ‘‘(1) Development or implementation of ment and career system, including standards cultural, social, or educational transition or qualifications for individuals and entities working in early childhood education pro- grams; and programs to assist students to transition who offer training and professional develop- into college life and academics in order to ment in early childhood education. ‘‘(2) submit a report at the end of the grant period to the Secretary regarding the evalua- increase such students’ retention rates in ‘‘(b) PUBLIC HEARINGS.—The State Task tion described in paragraph (1). the fields of science, technology, engineer- Force shall hold public hearings and provide ing, or mathematics, with a focus on Alaska ‘‘(b) SECRETARY’S EVALUATION.—Not later an opportunity for public comment on the Native or Native Hawaiian students. than September 30, 2013, the Secretary, in activities described in the statewide plan de- ‘‘(2) Development or implementation of consultation with the Secretary of Health scribed in subsection (a)(3). academic support or supplemental edu- and Human Services, shall prepare and sub- ‘‘(c) PERIODIC REVIEW.—The State Task cational programs to increase the graduation mit to the authorizing committees an eval- Force shall meet periodically to review im- rates of students in the fields of science, uation of the State reports submitted under plementation of the statewide plan and to technology, engineering, or mathematics, subsection (a)(2). recommend any changes to the statewide with a focus on Alaska Native and Native plan the State Task Force determines nec- ‘‘SEC. 859. AUTHORIZATION OF APPROPRIATIONS. Hawaiian students. essary. ‘‘There are authorized to be appropriated ‘‘(3) Development or implementation of in- ‘‘SEC. 857. STATE APPLICATION AND REPORT. to carry out this part such sums as may be ternship programs, carried out in coordina- ‘‘(a) IN GENERAL.—Each State desiring a necessary for fiscal year 2008 and each of the tion with educational institutions and pri- grant under this part shall submit an appli- 5 succeeding fiscal years. vate entities, to prepare students for careers

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00179 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10036 CONGRESSIONAL RECORD — SENATE July 25, 2007 in the fields of science, technology, engineer- services available under this section and to ‘‘(B) Baseline data will be collected from ing, or mathematics, with a focus on pro- encourage the students to participate in the all applicants for assistance under this sec- grams that serve Alaska Native or Native program assisted under this section; tion. Hawaiian students. ‘‘(B) to provide gifts of $20 or less, such as ‘‘(C) Students will be assigned randomly to ‘‘(4) Such other activities that are con- a store gift card, to applicants who complete 2 groups, which will consist of— sistent with the purposes of this section. the process of applying for assistance under ‘‘(i) a program group that will receive the ‘‘(e) APPLICATION.—Each eligible partner- this section, as an incentive and as com- scholarship and the additional counseling ship that desires a grant under this section pensation for the student’s time; and services; and shall submit an application to the Secretary ‘‘(C) to evaluate the success of the pro- ‘‘(ii) a control group that will receive at such time, in such manner, and con- gram. whatever regular financial aid and coun- taining such information as the Secretary ‘‘(d) SCHOLARSHIP REQUIREMENTS.— seling services are available to all students may require. ‘‘(1) IN GENERAL.—Each scholarship award- at the institution of higher education. ‘‘(f) PRIORITY.—In awarding grants under ed under this section shall— ‘‘(3) PREVIOUS COHORTS.—In conducting the this section, the Secretary shall give pri- ‘‘(A) be awarded for 1 academic year; evaluation for the second and third years of ority to an eligible partnership that provides ‘‘(B) be awarded in the amount of $1,000 for the program, each institution of higher edu- 1 or more programs in which 30 percent or cation shall include information on previous more of the program participants are Alaska each of 2 semesters (prorated for quarters), or $2,000 for an academic year; cohorts of students as well as students in the Native or Native Hawaiian. current program year. ‘‘(g) PERIOD OF GRANT.—A grant under this ‘‘(C) require the student to maintain dur- ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— section shall be awarded for a period of 5 ing the scholarship period at least half-time enrollment and a 2.0 or C grade point aver- There are authorized to be appropriated to years. carry out this section such sums as may be ‘‘(h) EVALUATION AND REPORT.—Each eligi- age; and necessary for fiscal year 2008 and each of the ble partnership that receives a grant under ‘‘(D) be paid in increments of— 5 succeeding fiscal years. this section shall conduct an evaluation to ‘‘(i) $250 upon enrollment (prorated for determine the effectiveness of the programs quarters); ‘‘PART M—STUDENT SAFETY AND CAMPUS funded under the grant and shall provide a ‘‘(ii) $250 upon passing midterm examina- EMERGENCY MANAGEMENT report regarding the evaluation to the Sec- tions (prorated for quarters); and ‘‘SEC. 871. STUDENT SAFETY AND CAMPUS EMER- retary not later than 6 months after the end ‘‘(iii) $500 upon passing courses (prorated GENCY MANAGEMENT. of the grant period. for quarters). ‘‘(a) GRANTS AUTHORIZED.— ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) NUMBER.—An institution may award ‘‘(1) IN GENERAL.—The Secretary is author- There are authorized to be appropriated to an eligible student not more than 2 scholar- ized to award grants, on a competitive basis, carry out this section such sums as may be ships under this section. to institutions of higher education or con- necessary for fiscal year 2008 and each of the ‘‘(e) COUNSELING SERVICES.— sortia of institutions of higher education to 5 succeeding fiscal years. ‘‘(1) IN GENERAL.—Each institution of high- enable institutions of higher education or ‘‘PART L—PILOT PROGRAM TO INCREASE er education receiving a grant under this consortia to pay the Federal share of the PERSISTENCE IN COMMUNITY COLLEGES section shall use the grant funds to provide cost of carrying out the authorized activities ‘‘SEC. 865. PILOT PROGRAM TO INCREASE PER- students at the institution with a counseling described in subsection (c). SISTENCE IN COMMUNITY COL- staff dedicated to students participating in ‘‘(2) CONSULTATION WITH THE ATTORNEY GEN- LEGES. the program under this section. Each such ERAL AND THE SECRETARY OF HOMELAND SECU- ‘‘(a) DEFINITIONS.—In this section: counselor shall— RITY.—Where appropriate, the Secretary ‘‘(1) INSTITUTION OF HIGHER EDUCATION.— ‘‘(A) have a caseload of less than 125 stu- shall award grants under this section in con- Except as otherwise provided in this section, dents; sultation with the Attorney General of the the term ‘institution of higher education’ ‘‘(B) use a proactive, team-oriented ap- United States and the Secretary of Home- means an institution of higher education, as proach to counseling; land Security. defined in section 101, that provides a 1- or 2- ‘‘(C) hold a minimum of 2 meetings with ‘‘(3) DURATION.—The Secretary shall award year program of study leading to a degree or students each semester; and each grant under this section for a period of certificate. ‘‘(D) provide referrals to and follow-up 2 years. ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible with other student services staff, including ‘‘(4) LIMITATION ON INSTITUTIONS AND CON- student’ means a student who— financial and career services. SORTIA.—An institution of higher education ‘‘(A) meets the requirements of section ‘‘(2) COUNSELING SERVICES AVAILABILITY.— or consortium shall be eligible for only 1 484(a); The counseling services provided under this grant under this section. ‘‘(B) is enrolled at least half time; section shall be available to participating ‘‘(b) FEDERAL SHARE; NON-FEDERAL ‘‘(C) is not younger than age 19 and not students during the daytime and evening SHARE.— older than age 33; hours. ‘‘(1) IN GENERAL.—The Federal share shall be 50 percent. ‘‘(D) is the parent of at least 1 dependent ‘‘(f) APPLICATION.—An institution of higher ‘‘(2) NON-FEDERAL SHARE.—The institution child, which dependent child is age 18 or education that desires to receive a grant of higher education or consortium shall pro- younger; under this section shall submit an applica- vide the non-Federal share, which may be ‘‘(E) has a family income below 200 percent tion to the Secretary at such time, in such provided from other Federal, State, and local of the poverty line; manner, and containing such information as resources dedicated to emergency prepared- ‘‘(F) has a secondary school diploma or its the Secretary may require, including— ness and response. recognized equivalent, and earned a passing ‘‘(1) the number of students to be served ‘‘(c) AUTHORIZED ACTIVITIES.—Each institu- score on a college entrance examination; and under this section; tion of higher education or consortium re- ‘‘(G) does not have a degree or occupa- ‘‘(2) a description of the scholarships and ceiving a grant under this section may use tional certificate from an institution of counseling services that will be provided the grant funds to carry out 1 or more of the higher education, as defined in section 101 or under this section; and following: 102(a). ‘‘(3) a description of how the program ‘‘(1) Developing and implementing a state- ‘‘(b) PROGRAM AUTHORIZED.—The Secretary under this section will be evaluated. is authorized to award grants, on a competi- of-the-art emergency communications sys- tive basis, to institutions of higher edu- ‘‘(g) PERIOD OF GRANT.—The Secretary may tem for each campus of an institution of cation to enable the institutions of higher award a grant under this section for a period higher education or consortium, in order to education to provide additional monetary of 5 years. contact students via cellular, text message, and nonmonetary support to eligible stu- ‘‘(h) EVALUATION.— or other state-of-the-art communications dents to enable the eligible students to ‘‘(1) IN GENERAL.—Each institution of high- methods when a significant emergency or maintain enrollment and complete degree or er education receiving a grant under this dangerous situation occurs. An institution certificate programs. section shall conduct an annual evaluation or consortium using grant funds to carry out ‘‘(c) USES OF FUNDS.— of the impact of the grant and shall provide this paragraph shall also, in coordination ‘‘(1) REQUIRED USES.—Each institution of the evaluation to the Secretary. The Sec- with the appropriate State and local emer- higher education receiving a grant under retary shall disseminate to the public the gency management authorities— this section shall use the grant funds— findings, information on best practices, and ‘‘(A) develop procedures that students, em- ‘‘(A) to provide scholarships in accordance lessons learned, with respect to the evalua- ployees, and others on a campus of an insti- with subsection (d); and tions. tution of higher education or consortium ‘‘(B) to provide counseling services in ac- ‘‘(2) RANDOM ASSIGNMENT RESEARCH DE- will be directed to follow in the event of a cordance with subsection (e). SIGN.—The evaluation shall be conducted significant emergency or dangerous situa- ‘‘(2) ALLOWABLE USES OF FUNDS.—Grant using a random assignment research design tion; and funds provided under this section may be with the following requirements: ‘‘(B) develop procedures the institution of used— ‘‘(A) When students are recruited for the higher education or consortium shall follow ‘‘(A) to conduct outreach to make students program, all students will be told about the to inform, within a reasonable and timely aware of the scholarships and counseling program and the evaluation. manner, students, employees, and others on

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00180 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10037 a campus in the event of a significant emer- tion as the ‘Secretary’) shall award competi- carry out this section such sums as may be gency or dangerous situation, which proce- tive grants to eligible entities for the pur- necessary for fiscal year 2008 and each of the dures shall include the emergency commu- pose of improving public health preparedness 5 succeeding fiscal years. Amounts appro- nications system described in this para- through increasing the number of veterinar- priated under this subsection shall remain graph. ians in the workforce. available until expended. ‘‘(2) Supporting measures to improve safe- ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to ‘‘PART O—EARLY FEDERAL PELL GRANT ty at the institution of higher education or receive a grant under subsection (a), an enti- COMMITMENT DEMONSTRATION PRO- consortium, such as— ty shall— GRAM ‘‘(A) security assessments; ‘‘(1) be— ‘‘SEC. 881. EARLY FEDERAL PELL GRANT COM- ‘‘(B) security training of personnel and stu- ‘‘(A) a public or other nonprofit school of MITMENT DEMONSTRATION PRO- dents at the institution of higher education veterinary medicine that is accredited by a GRAM. or consortium; nationally recognized accrediting agency or ‘‘(a) DEMONSTRATION PROGRAM AUTHOR- ‘‘(C) where appropriate, coordination of association recognized by the Secretary of ITY.— campus preparedness and response efforts Education pursuant to part H of title IV; ‘‘(1) IN GENERAL.—The Secretary is author- with local law enforcement, local emergency ‘‘(B) a public or nonprofit, department of ized to carry out an Early Federal Pell Grant management authorities, and other agencies, comparative medicine, department of veteri- Commitment Demonstration Program under to improve coordinated responses in emer- nary science, school of public health, or which— gencies among such entities; and school of medicine that is accredited by a na- ‘‘(A) the Secretary awards grants to 4 ‘‘(D) establishing a hotline that allows a tionally recognized accrediting agency or as- State educational agencies, in accordance student or staff member at an institution or sociation recognized by the Secretary of with paragraph (2), to pay the administrative consortium to report another student or Education pursuant to part H of title IV and expenses incurred in participating in the staff member at the institution or consor- that offers graduate training for veterinar- demonstration program under this section; tium who the reporting student or staff ians in a public health practice area as deter- and member believes may be a danger to the re- mined by the Secretary; or ‘‘(B) the Secretary awards Federal Pell ported student or staff member or to others. ‘‘(C) a public or nonprofit entity that— Grants to participating students in accord- ‘‘(3) Coordinating with appropriate local ‘‘(i) conducts recognized residency training ance with this section. entities the provision of, mental health serv- programs for veterinarians that are approved ‘‘(2) GRANTS.— ices for students enrolled in the institution by a veterinary specialty organization that ‘‘(A) IN GENERAL.—From amounts appro- of higher education or consortium, including is recognized by the American Veterinary priated under subsection (h) for a fiscal year, mental health crisis response and interven- Medical Association; and the Secretary is authorized to award grants tion services, to individuals affected by a ‘‘(ii) offers postgraduate training for vet- to 4 State educational agencies to enable the campus or community emergency. erinarians in a public health practice area as State educational agencies to pay the ad- ‘‘(d) APPLICATION.—Each institution of determined by the Secretary; and ministrative expenses incurred in partici- higher education or consortium desiring a ‘‘(2) prepare and submit to the Secretary pating in a demonstration program under grant under this section shall submit an ap- an application, at such time, in such man- which 8th grade students who are eligible for plication to the Secretary at such time, in ner, and containing such information as the a free or reduced price meal described in sub- such manner, and containing such informa- Secretary may require. section (b)(1)(B) receive a commitment to re- tion as the Secretary may require. ‘‘(c) CONSIDERATION OF APPLICATIONS.—The ceive a Federal Pell Grant early in their aca- ‘‘(e) TECHNICAL ASSISTANCE.—The Sec- Secretary shall establish procedures to en- demic careers. retary shall coordinate technical assistance sure that applications under subsection (b)(2) ‘‘(B) EQUAL AMOUNTS.—The Secretary shall provided by State and local emergency man- are rigorously reviewed and that grants are award grants under this section in equal agement agencies, the Department of Home- competitively awarded based on— amounts to each of the 4 participating State land Security, and other agencies as appro- ‘‘(1) the ability of the applicant to increase educational agencies. priate, to institutions of higher education or the number of veterinarians who are trained ‘‘(b) DEMONSTRATION PROJECT REQUIRE- consortia that request assistance in devel- in specified public health practice areas as MENTS.—Each of the 4 demonstration oping and implementing the activities as- determined by the Secretary; projects assisted under this section shall sisted under this section. ‘‘(2) the ability of the applicant to increase meet the following requirements: ‘‘(f) RULE OF CONSTRUCTION.—Nothing in capacity in research on high priority disease ‘‘(1) PARTICIPANTS.— this section shall be construed— agents; or ‘‘(A) IN GENERAL.—The State educational ‘‘(1) to provide a private right of action to ‘‘(3) any other consideration the Secretary agency shall make participation in the dem- any person to enforce any provision of this determines necessary. onstration project available to 2 cohorts of section; ‘‘(d) PREFERENCE.—In awarding grants students, which shall consist of— ‘‘(2) to create a cause of action against any under subsection (a), the Secretary shall give ‘‘(i) 1 cohort of 8th grade students who institution of higher education or any em- preference to applicants that demonstrate a begin the participation in academic year ployee of the institution for any civil liabil- comprehensive approach by involving more 2008–2009; and ity; or than one school of veterinary medicine, de- ‘‘(ii) 1 cohort of 8th grade students who ‘‘(3) to affect the Family Educational partment of comparative medicine, depart- begin the participation in academic year Rights and Privacy Act of 1974 or the regula- ment of veterinary science, school of public 2009–2010. tions issued under section 264 of the Health health, school of medicine, or residency ‘‘(B) STUDENTS IN EACH COHORT.—Each co- Insurance Portability and Accountability training program that offers postgraduate hort of students shall consist of not more Act of 1996 (42 U.S.C. 1320d–2 note). training for veterinarians in a public health than 10,000 8th grade students who qualify ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— practice area as determined by the Sec- for a free or reduced price meal under the There are authorized to be appropriated to retary. Richard B. Russell National School Lunch carry out this section such sums as may be ‘‘(e) USE OF FUNDS.—Amounts received Act or the Child Nutrition Act of 1966. necessary for fiscal year 2008 and each of the under a grant under this section shall be ‘‘(2) STUDENT DATA.—The State educational 5 succeeding fiscal years. used by a grantee to increase the number of agency shall ensure that student data from ‘‘SEC. 872. MODEL EMERGENCY RESPONSE POLI- veterinarians in the workforce through pay- local educational agencies serving students CIES, PROCEDURES, AND PRAC- ing costs associated with the expansion of who participate in the demonstration TICES. academic programs at schools of veterinary project, as well as student data from local ‘‘The Secretary of Education, the Attorney medicine, departments of comparative medi- educational agencies serving a comparable General of the United States, and the Sec- cine, departments of veterinary science, or group of students who do not participate in retary of Homeland Security shall jointly entities offering residency training pro- the demonstration project, are available for have the authority— grams, or academic programs that offer post- evaluation of the demonstration project, ex- ‘‘(1) to advise institutions of higher edu- graduate training for veterinarians or con- cept that in no case shall such data be pro- cation on model emergency response poli- current training for veterinary students in vided in a manner that would reveal person- cies, procedures, and practices; and specific areas of specialization, which costs ally identifiable information about an indi- ‘‘(2) to disseminate information concerning may include minor renovation and improve- vidual student. those policies, procedures, and practices.’’. ment in classrooms, libraries, and labora- ‘‘(3) FEDERAL PELL GRANT COMMITMENT.— SEC. 802. ADDITIONAL PROGRAMS. tories. Each student who participates in the dem- Title VIII (as added by section 801) is fur- ‘‘(f) DEFINITION OF PUBLIC HEALTH PRAC- onstration project receives a commitment ther amended by adding at the end the fol- TICE.—In this section, the term ‘public from the Secretary to receive a Federal Pell lowing: health practice’ includes bioterrorism and Grant during the first academic year that ‘‘PART N—SCHOOL OF VETERINARY MEDI- emergency preparedness, environmental the student is in attendance at an institu- CINE COMPETITIVE GRANT PROGRAM health, food safety and food security, regu- tion of higher education as an under- ‘‘SEC. 876. SCHOOL OF VETERINARY MEDICINE latory medicine, diagnostic laboratory medi- graduate, if the student applies for Federal COMPETITIVE GRANT PROGRAM. cine, and biomedical research. financial aid (via the FAFSA or EZ FAFSA) ‘‘(a) IN GENERAL.—The Secretary of Health ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— during the student’s senior year of secondary and Human Services (referred to in this sec- There are authorized to be appropriated to school and during succeeding years.

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‘‘(4) APPLICATION PROCESS.—The Secretary tary and Secondary Education Act of 1965, on onstration program of information regard- shall establish an application process to se- students who receive assistance under such ing— lect State educational agencies to partici- part A; ‘‘(i) the estimated statewide average cost pate in the demonstration program and ‘‘(iv) ability and plans to run an effective of attendance for an institution of higher State educational agencies shall establish an and thorough targeted information campaign education for each academic year, which application process to select local edu- for students served by the local educational cost data shall be disaggregated by— cational agencies within the State to par- agency; and ‘‘(I) type of institution, including— ticipate in the demonstration project. ‘‘(v) ability to ensure the participation in ‘‘(aa) 2-year public degree-granting institu- ‘‘(5) LOCAL EDUCATIONAL AGENCY PARTICIPA- the demonstration project of a diverse group tions of higher education; TION.—Subject to the 10,000 statewide stu- of students with respect to ethnicity and ‘‘(bb) 4-year public degree-granting institu- dent limitation described in paragraph (1), a gender. tions of higher education; and local educational agency serving students, ‘‘(e) EVALUATION.— ‘‘(cc) 4-year private degree-granting insti- not less than 50 percent of whom are eligible ‘‘(1) IN GENERAL.—From amounts appro- tutions of higher education; for a free or reduced price meal under the priated under subsection (h) for a fiscal year, ‘‘(II) component, including— Richard B. Russell National School Lunch the Secretary shall reserve not more than ‘‘(aa) tuition and fees; and Act or the Child Nutrition Act of 1966, shall $1,000,000 to award a grant or contract to an ‘‘(bb) room and board; be eligible to participate in the demonstra- organization outside the Department for an ‘‘(ii) Federal Pell Grants, including— tion project. independent evaluation of the impact of the ‘‘(I) the maximum Federal Pell Grant for ‘‘(c) STATE EDUCATIONAL AGENCY APPLICA- demonstration program assisted under this each award year; TIONS.— section. ‘‘(II) when and how to apply for a Federal ‘‘(1) IN GENERAL.—Each State educational ‘‘(2) COMPETITIVE BASIS.—The grant or con- Pell Grant; and agency desiring to participate in the dem- tract shall be awarded on a competitive ‘‘(III) what the application process for a onstration program under this section shall basis. Federal Pell Grant requires; submit an application to the Secretary at ‘‘(3) MATTERS EVALUATED.—The evaluation ‘‘(iii) State-specific college savings pro- such time and in such manner as the Sec- described in this subsection shall— grams; retary may require. ‘‘(A) determine the number of individuals ‘‘(iv) State merit-based financial aid; ‘‘(2) CONTENTS.—Each application shall in- who were encouraged by the demonstration ‘‘(v) State need-based financial aid; and clude— program to pursue higher education; ‘‘(vi) Federal financial aid available to stu- ‘‘(A) a description of the proposed targeted ‘‘(B) identify the barriers to the effective- dents, including eligibility criteria for such information campaign for the demonstration ness of the demonstration program; aid and an explanation of the Federal finan- project and a copy of the plan described in ‘‘(C) assess the cost-effectiveness of the cial aid programs, such as the Student Guide subsection (f)(2); demonstration program in improving access published by the Department of Education ‘‘(B) a description of the student popu- to higher education; (or any successor to such document). lation that will receive an early commit- ‘‘(D) identify the reasons why participants ‘‘(3) COHORTS.—The information described ment to receive a Federal Pell Grant under in the demonstration program either re- in paragraph (2)(C) shall be provided to 2 co- this section; ceived or did not receive a Federal Pell horts of students annually for the duration ‘‘(C) an assurance that the State edu- Grant; of the students’ participation in the dem- cational agency will fully cooperate with the ‘‘(E) identify intermediate outcomes re- onstration program. The 2 cohorts shall con- ongoing evaluation of the demonstration lated to postsecondary education attend- project; and ance, such as whether participants— sist of— ‘‘(D) such other information as the Sec- ‘‘(i) were more likely to take a college-prep ‘‘(A) 1 cohort of 8th grade students who retary may require. curriculum while in secondary school; begin the participation in academic year ‘‘(d) SELECTION CONSIDERATIONS.— ‘‘(ii) submitted any college applications; 2008–2009; and ‘‘(1) SELECTION OF STATE EDUCATIONAL and ‘‘(B) 1 cohort of 8th grade students who AGENCIES.—In selecting State educational ‘‘(iii) took the PSAT, SAT, or ACT; begin the participation in academic year agencies to participate in the demonstration ‘‘(F) identify the number of individuals 2009–2010. program under this section, the Secretary participating in the demonstration program ‘‘(4) RESERVATION.—Each State educational shall consider— who pursued an associate’s degree or a bach- agency receiving a grant under this section ‘‘(A) the number and quality of State edu- elor’s degree, or other postsecondary edu- shall reserve not more than 15 percent of the cational agency applications received; cation; grant funds received each fiscal year to carry ‘‘(B) the Department’s capacity to oversee ‘‘(G) compare the findings of the dem- out the targeted information campaign de- and monitor each State educational agency’s onstration program with respect to partici- scribed in this subsection. participation in the demonstration program; pants to comparison groups (of similar size ‘‘(g) SUPPLEMENT, NOT SUPPLANT.—A State ‘‘(C) a State educational agency’s— and demographics) that did not participate educational agency shall use grant funds re- ‘‘(i) financial responsibility; in the demonstration program; and ceived under this section only to supplement ‘‘(ii) administrative capability; ‘‘(H) identify the impact on the parents of the funds that would, in the absence of such ‘‘(iii) commitment to focusing State re- students eligible to participate in the dem- funds, be made available from non-Federal sources, in addition to any resources pro- onstration program. sources for students participating in the vided under part A of title I of the Elemen- ‘‘(4) DISSEMINATION.—The findings of the demonstration program under this section, tary and Secondary Education Act of 1965, on evaluation shall be reported to the Sec- and not to supplant such funds. students who receive assistance under such retary, who shall widely disseminate the ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— part A; findings to the public. There are authorized to be appropriated to ‘‘(iv) ability and plans to run an effective ‘‘(f) TARGETED INFORMATION CAMPAIGN.— carry out this section such sums as may be and thorough targeted information campaign ‘‘(1) IN GENERAL.—Each State educational necessary for fiscal year 2008 and each of the for students served by local educational agency receiving a grant under this section 5 succeeding fiscal years. agencies eligible to participate in the dem- shall, in cooperation with the participating ‘‘PART P—HENRY KUUALOHA GIUGNI onstration project; and local educational agencies within the State KUPUNA MEMORIAL ARCHIVES ‘‘(v) ability to ensure the participation in and the Secretary, develop a targeted infor- the demonstration program of a diverse mation campaign for the demonstration pro- ‘‘SEC. 886. HENRY KUUALOHA GIUGNI KUPUNA group of students, including with respect to gram assisted under this section. MEMORIAL ARCHIVES. ethnicity and gender. ‘‘(2) PLAN.—Each State educational agency ‘‘(a) GRANTS AUTHORIZED.—The Secretary ‘‘(2) LOCAL EDUCATIONAL AGENCY.—In se- receiving a grant under this section shall in- is authorized to award a grant to the Univer- lecting local educational agencies to partici- clude in the application submitted under sity of Hawaii Academy for Creative Media pate in a demonstration project under this subsection (c) a written plan for their pro- for the establishment, maintenance, and section, the State educational agency shall posed targeted information campaign. The periodic modernization of the Henry consider— plan shall include the following: Kuualoha Giugni Kupuna Memorial Archives ‘‘(A) the number and quality of local edu- ‘‘(A) OUTREACH.—A description of the out- at the University of Hawaii. cational agency applications received; reach to students and their families at the ‘‘(b) USE OF FUNDS.—The Henry Kuualoha ‘‘(B) the State educational agency’s capac- beginning and end of each academic year of Giugni Kupuna Memorial Archives shall use ity to oversee and monitor each local edu- the demonstration project, at a minimum. the grant funds received under this section— cational agency’s participation in the dem- ‘‘(B) DISTRIBUTION.—How the State edu- ‘‘(1) to facilitate the acquisition of a secure onstration project; cational agency plans to provide the out- web accessible repository of Native Hawaiian ‘‘(C) a local educational agency’s— reach described in subparagraph (A) and to historical data rich in ethnic and cultural ‘‘(i) financial responsibility; provide the information described in sub- significance to the United States for preser- ‘‘(ii) administrative capability; paragraph (C). vation and access by future generations; ‘‘(iii) commitment to focusing local re- ‘‘(C) INFORMATION.—The annual provision ‘‘(2) to award scholarships to facilitate ac- sources, in addition to any resources pro- by the State educational agency to all stu- cess to a postsecondary education for stu- vided under part A of title I of the Elemen- dents and families participating in the dem- dents who cannot afford such education;

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00182 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10039 ‘‘(3) to support programmatic efforts asso- under the Higher Education Act of 1965 (20 ‘‘(B) such other policies, procedures, and ciated with the web-based media projects of U.S.C. 1001 et seq.) and that designates 1 or assurances as the Secretary may require by the archives; more lenders as preferred, suggested, or oth- regulation. ‘‘(4) to create educational materials, from erwise recommended shall include a standard ‘‘(2) REGULATIONS.—After consultation the contents of the archives, that are appli- disclosure developed by the Secretary of with appropriate individuals with expertise cable to a broad range of indigenous stu- Education on all materials that reference in technology and education, the Secretary dents, such as Native Hawaiians, Alaskan such lenders to inform students that the stu- shall establish a procedure by which to ac- Natives, and Native American Indians; dents might find a more attractive loan, cept and review such applications and pub- ‘‘(5) to develop outreach initiatives that in- with a lower interest rate, by visiting a lish an announcement of such procedure, in- troduce the archival collections to elemen- clearinghouse described in subsection (a). cluding a statement regarding the avail- tary schools and secondary schools; (d) REPORT.—Not later than 18 months ability of funds, in the Federal Register. ‘‘(6) to develop supplemental web-based re- after the date of enactment of this Act, the ‘‘(3) APPLICATION REVIEW CRITERIA.—The sources that define terms and cultural prac- Comptroller General of the United States application review criteria used by the Sec- tices innate to Native Hawaiians; shall submit a report to Congress on whether retary for grants under this part shall in- ‘‘(7) to rent, lease, purchase, maintain, or students are using a clearinghouse described clude consideration of— repair educational facilities to house the ar- in subsection (a) to find and secure a student ‘‘(A) demonstrated need for assistance chival collections; loan. The report shall assess whether stu- under this part; and ‘‘(8) to rent, lease, purchase, maintain, or dents could have received a more attractive ‘‘(B) diversity among the types of eligible repair computer equipment for use by ele- loan, one with a lower interest rate or better institutions receiving assistance under this mentary schools and secondary schools in benefits, by using a clearinghouse described part. accessing the archival collections; in subsection (a) instead of a preferred lender ‘‘(c) MATCHING REQUIREMENT.— ‘‘(9) to provide pre-service and in-service list. ‘‘(1) IN GENERAL.—An eligible institution teacher training to develop a core group of SEC. 804. MINORITY SERVING INSTITUTIONS FOR that receives a grant under this part shall kindergarten through grade 12 teachers who ADVANCED TECHNOLOGY AND EDU- agree that, with respect to the costs to be in- are able to provide instruction in a way that CATION. curred by the institution in carrying out the is relevant to the unique background of in- At the end of title VIII (as added by sec- program for which the grant is awarded, digenous students, such as Native Hawaiians, tion 801), add the following: such institution will make available (di- Alaskan Natives, and Native American Indi- ‘‘PART Q—MINORITY SERVING INSTITU- rectly or through donations from public or ans, in order to— TIONS FOR ADVANCED TECHNOLOGY private entities) non-Federal contributions ‘‘(A) facilitate greater understanding by AND EDUCATION in an amount equal to 25 percent of the teachers of the unique background of indige- ‘‘SEC. 890. PURPOSES. amount of the grant awarded by the Sec- nous students; and ‘‘The purposes of the program under this retary, or $500,000, whichever is the lesser ‘‘(B) improve student achievement; and part are to— amount. ‘‘(10) to increase the economic and finan- ‘‘(1) strengthen the ability of eligible insti- ‘‘(2) WAIVER.—The Secretary shall waive cial literacy of postsecondary education stu- tutions to provide capacity for instruction in the matching requirement for any eligible dents through the dissemination of best digital and wireless network technologies; institution with no endowment, or an endow- practices used at other institutions of higher and ment that has a current dollar value as of education regarding debt and credit manage- ‘‘(2) strengthen the national digital and the time of the application of less than ment and economic decision-making. wireless infrastructure by increasing na- $50,000,000. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— tional investment in telecommunications ‘‘(d) USES OF FUNDS.—An eligible institu- There are authorized to be appropriated to and technology infrastructure at eligible in- tion shall use a grant awarded under this carry out this section such sums as may be stitutions. part— necessary for fiscal year 2008 and each of the ‘‘SEC. 891. DEFINITION OF ELIGIBLE INSTITU- ‘‘(1) to acquire equipment, instrumenta- 5 succeeding fiscal years.’’. TION. tion, networking capability, hardware and SEC. 803. STUDENT LOAN CLEARINGHOUSE. ‘‘In this part, the term ‘eligible institu- software, digital network technology, wire- (a) DEVELOPMENT.—Not later than 180 days tion’ means an institution that is— less technology, and infrastructure; after the date of enactment of this Act, the ‘‘(1) a historically Black college or univer- ‘‘(2) to develop and provide educational Secretary of Education shall establish 1 or sity that is a part B institution, as defined in services, including faculty development, re- more clearinghouses of information on stu- section 322; lated to science, technology, engineering, dent loans (including loans under parts B ‘‘(2) a Hispanic-serving institution, as de- and mathematics; and D of title IV of the Higher Education Act fined in section 502(a); ‘‘(3) to provide teacher preparation and of 1965 (20 U.S.C. 1071 et seq. and 1087a et ‘‘(3) a Tribal College or University, as de- professional development, library and media seq.) and private loans, for both under- fined in section 316(b); specialist training, and early childhood edu- graduate and graduate students) for use by ‘‘(4) an Alaska Native-serving institution, cator and teacher aide certification or licen- prospective borrowers or any person desiring as defined in section 317(b); sure to individuals who seek to acquire or information regarding available interest ‘‘(5) a Native Hawaiian-serving institution, enhance technology skills in order to use rates and other terms from lenders. Such a as defined in section 317(b); or technology in the classroom or instructional clearinghouse shall— ‘‘(6) an institution determined by the Sec- process to improve student achievement; (1) have no affiliation with any institution retary to have enrolled a substantial number ‘‘(4) to form consortia or collaborative of higher education or any lender; of minority, low-income students during the projects with a State, State educational (2) accept nothing of value from any lend- previous academic year who received a Fed- agency, local educational agency, commu- er, guaranty agency, or any entity affiliated eral Pell Grant for that year. nity-based organization, national nonprofit with a lender or guaranty agency, except ‘‘SEC. 892. MINORITY SERVING INSTITUTIONS organization, or business, including a minor- that the clearinghouse may establish a flat FOR ADVANCED TECHNOLOGY AND ity business, to provide education regarding fee to be charged to each listed lender, based EDUCATION. technology in the classroom; on the costs necessary to establish and main- ‘‘(a) GRANTS AUTHORIZED.— ‘‘(5) to provide professional development in tain the clearinghouse; ‘‘(1) IN GENERAL.—The Secretary is author- science, technology, engineering, or mathe- (3) provide information regarding the in- ized to award grants, on a competitive basis, matics to administrators and faculty of eli- terest rates, fees, borrower benefits, and any to eligible institutions to enable the eligible gible institutions with institutional respon- other matter that the Department of Edu- institutions to carry out the activities de- sibility for technology education; cation determines relevant to enable pro- scribed in subsection (d). ‘‘(6) to provide capacity-building technical spective borrowers to select a lender; ‘‘(2) GRANT PERIOD.—The Secretary may assistance to eligible institutions through (4) provide interest rate information that award a grant to an eligible institution remote technical support, technical assist- complies with the Federal Trade Commission under this part for a period of not more than ance workshops, distance learning, new tech- guidelines for consumer credit term disclo- 5 years. nologies, and other technological applica- sures; and ‘‘(b) APPLICATION AND REVIEW PROCE- tions; and (5) be a nonprofit entity. DURE.— ‘‘(7) to foster the use of information com- (b) PUBLICATION OF LIST.—The Secretary of ‘‘(1) IN GENERAL.—To be eligible to receive munications technology to increase sci- Education shall publish a list of clearing- a grant under this part, an eligible institu- entific, technological, engineering, and houses described in subsection (a) on the tion shall submit an application to the Sec- mathematical instruction and research. website of the Department of Education and retary at such time, in such manner, and ‘‘(e) DATA COLLECTION.—An eligible institu- such list shall be updated not less often than containing such information as the Sec- tion that receives a grant under this part every 90 days. retary may reasonably require. The applica- shall provide the Secretary with any rel- (c) DISCLOSURE.—Beginning on the date the tion shall include— evant institutional statistical or demo- first clearinghouse described in subsection ‘‘(A) a program of activities for carrying graphic data requested by the Secretary. (a) is established, each institution of higher out 1 or more of the purposes described in ‘‘(f) INFORMATION DISSEMINATION.—The Sec- education that receives Federal assistance section 890; and retary shall convene an annual meeting of

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00183 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10040 CONGRESSIONAL RECORD — SENATE July 25, 2007 eligible institutions receiving grants under 1965 (20 U.S.C. 6311(b)(1) and (3)) and approved enter into contracts and cooperative agree- this part for the purposes of— by the Secretary; and ments with, eligible entities to support the ‘‘(1) fostering collaboration and capacity- ‘‘(ii) implement such standards and assess- activities described in subsection (b). building activities among eligible institu- ments for such programs by not later than ‘‘(b) ACTIVITIES.—In carrying out this sec- tions; and the beginning of the 2009–2010 academic year; tion, the Secretary shall support activities ‘‘(2) disseminating information and ideas ‘‘(B) annually determine whether such pro- providing cultural experiences, through ap- generated by such meetings. grams at the Clerc Center are making ade- propriate nonprofit organizations with a ‘‘(g) LIMITATION.—An eligible institution quate yearly progress, as determined accord- demonstrated proficiency in providing such that receives a grant under this part that ex- ing to the definition of adequate yearly activities, that— ceeds $2,500,000 shall not be eligible to re- progress defined (pursuant to section ‘‘(1) enrich the lives of deaf and hard-of- ceive another grant under this part until 1111(b)(2)(C) of such Act (20 U.S.C. hearing children and adults; every other eligible institution that has ap- 6311(b)(2)(C))) by the State that has adopted ‘‘(2) increase public awareness and under- plied for a grant under this part has received and implemented the standards and assess- standing of deafness and of the artistic and such a grant. ments selected under subparagraph (A)(i); intellectual achievements of deaf and hard- of-hearing persons; or ‘‘SEC. 893. ANNUAL REPORT AND EVALUATION. and ‘‘(C) publicly report the results of the aca- ‘‘(3) promote the integration of hearing, ‘‘(a) ANNUAL REPORT REQUIRED FROM RE- demic assessments implemented under sub- deaf, and hard-of-hearing persons through CIPIENTS.—Each eligible institution that re- paragraph (A) and whether the programs at shared cultural, educational, and social ex- ceives a grant under this part shall provide the Clerc Center are making adequate yearly periences. an annual report to the Secretary on the eli- progress, as determined under subparagraph ‘‘(c) APPLICATIONS.—An eligible entity that gible institution’s use of the grant. (B).’’. desires to receive a grant, or enter into a ‘‘(b) EVALUATION BY SECRETARY.—The Sec- contract or cooperative agreement, under retary shall— SEC. 902. AGREEMENT WITH GALLAUDET UNI- VERSITY. this section shall submit an application to ‘‘(1) review the reports provided under sub- Section 105(b)(4) of the Education of the the Secretary at such time, in such manner, section (a) each year; and Deaf Act of 1986 (20 U.S.C. 4305(b)(4)) is and containing such information as the Sec- ‘‘(2) evaluate the program authorized under amended— retary may require. this part on the basis of those reports every (1) by striking ‘‘the Act of March 3, 1931 (40 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 2 years. U.S.C. 276a–276a–5) commonly referred to as There are authorized to be appropriated to ‘‘(c) CONTENTS OF EVALUATION.—The Sec- the Davis-Bacon Act’’ and inserting ‘‘sub- carry out this section such sums as may be retary, in the evaluation under subsection chapter IV of chapter 31 of title 40, United necessary for fiscal year 2008 and each of the (b), shall— States Code, commonly referred to as the 5 succeeding fiscal years.’’. ‘‘(1) describe the activities undertaken by Davis-Bacon Act’’; and (b) CONFORMING AMENDMENT.—The title the eligible institutions that receive grants (2) by striking ‘‘section 2 of the Act of heading of title I of the Education of the under this part; and June 13, 1934 (40 U.S.C. 276c)’’ and inserting Deaf Act of 1986 (20 U.S.C. 4301 et seq.) is ‘‘(2) assess the short-range and long-range ‘‘section 3145 of title 40, United States Code’’. amended by adding at the end ‘‘; OTHER impact of activities carried out under the SEC. 903. AGREEMENT FOR THE NATIONAL TECH- PROGRAMS’’. grant on the students, faculty, and staff of NICAL INSTITUTE FOR THE DEAF. SEC. 905. AUDIT. the institutions. Section 112 of the Education of the Deaf Section 203 of the Education of the Deaf ‘‘(d) REPORT TO CONGRESS.—Not later than Act of 1986 (20 U.S.C. 4332) is amended— Act of 1986 (20 U.S.C. 4353) is amended— 3 years after the date of enactment of the (1) in subsection (a)— (1) in subsection (b)— Higher Education Amendments of 2007, the (A) in paragraph (1)— (A) in paragraph (2), by striking ‘‘sections’’ Secretary shall submit a report on the pro- (i) in the first sentence— and all that follows through the period and gram supported under this part to the au- (I) by striking ‘‘an institution of higher inserting ‘‘sections 102(b), 105(b)(4), 112(b)(5), thorizing committees that shall include such education’’ and inserting ‘‘the Rochester In- 203(c), 207(b)(2), subsections (c) through (f) of recommendations, including recommenda- stitute of Technology, Rochester, New section 207, and subsections (b) and (c) of sec- tions concerning the continuing need for York’’; and tion 209.’’; and Federal support of the program, as may be (II) by striking ‘‘of a’’ and inserting ‘‘of (B) in paragraph (3), by inserting ‘‘and the appropriate. the’’; and Committee on Education and Labor of the ‘‘SEC. 894. AUTHORIZATION OF APPROPRIATIONS. (ii) by striking the second sentence; House of Representatives and the Committee ‘‘There are authorized to be appropriated (B) by redesignating paragraph (2) as para- on Health, Education, Labor, and Pensions of to carry out this part such sums as may be graph (3); and the Senate’’ after ‘‘Secretary’’; and necessary for fiscal year 2008 and each of the (C) by inserting after paragraph (1) the fol- (2) in subsection (c)(2)(A), by striking 5 succeeding fiscal years.’’. lowing: ‘‘Committee on Labor and Human Resources ‘‘(2) If, pursuant to the agreement estab- of the Senate’’ and inserting ‘‘Committee on TITLE IX—AMENDMENTS TO OTHER LAWS lished under paragraph (1), either the Sec- Health, Education, Labor, and Pensions of PART A—EDUCATION OF THE DEAF ACT retary or the Rochester Institute of Tech- the Senate’’. OF 1986 nology terminates the agreement, the Sec- SEC. 906. REPORTS. SEC. 901. LAURENT CLERC NATIONAL DEAF EDU- retary shall consider proposals from other Section 204 of the Education of the Deaf CATION CENTER. institutions of higher education and enter Act of 1986 (20 U.S.C. 4354) is amended— Section 104 of the Education of the Deaf into an agreement with one of those institu- (1) in the matter preceding paragraph (1), Act of 1986 (20 U.S.C. 4304) is amended— tions for the establishment and operation of by striking ‘‘Committee on Labor and (1) by striking the section heading and in- a National Technical Institution for the Human Resources of the Senate’’ and insert- serting LAURENT CLERC NATIONAL DEAF Deaf.’’; and ing ‘‘Committee on Health, Education, EDUCATION CENTER’’; (2) in subsection (b)— Labor, and Pensions of the Senate’’; (2) in subsection (a)(1)(A), by inserting (A) in paragraph (3), by striking ‘‘Com- (2) in paragraph (1), by striking ‘‘pre- ‘‘the Laurent Clerc National Deaf Education mittee on Labor and Human Resources of the paratory,’’; Center (referred to in this section as the Senate’’ and inserting ‘‘Committee on (3) in paragraph (2)(C), by striking ‘‘upon ‘Clerc Center’) to carry out’’ after ‘‘maintain Health, Education, Labor, and Pensions of graduation/completion’’ and inserting ‘‘on and operate’’; and the Senate’’; and the date that is 1 year after the date of grad- (3) in subsection (b)— (B) in paragraph (5)— uation or completion’’; and (A) in the matter preceding subparagraph (i) by striking ‘‘the Act of March 3, 1931 (40 (4) in paragraph (3)(B), by striking ‘‘of the (A) of paragraph (1), by striking ‘‘elementary U.S.C. 276a–276a–5) commonly referred to as institution of higher education’’ and all that and secondary education programs’’ and in- the Davis-Bacon Act’’ and inserting ‘‘sub- follows through the period and inserting ‘‘of serting ‘‘Clerc Center’’; chapter IV of chapter 31 of title 40, United NTID programs and activities.’’. States Code, commonly referred to as the (B) in paragraph (2), by striking ‘‘elemen- SEC. 907. MONITORING, EVALUATION, AND RE- tary and secondary education programs’’ and Davis-Bacon Act’’; and PORTING. inserting ‘‘Clerc Center’’; and (ii) by striking ‘‘section 2 of the Act of Section 205 of the Education of the Deaf (C) by adding at the end the following: June 13, 1934 (40 U.S.C. 276c)’’ and inserting Act of 1986 (20 U.S.C. 4355) is amended— ‘‘(5) The University, for purposes of the ele- ‘‘section 3145 of title 40, United States Code’’. (1) in subsection (b), by striking ‘‘The Sec- mentary and secondary education programs SEC. 904. CULTURAL EXPERIENCES GRANTS. retary, as part of the annual report required carried out at the Clerc Center, shall— (a) CULTURAL EXPERIENCES GRANTS.—Title under section 426 of the Department of Edu- ‘‘(A)(i) select challenging academic con- I of the Education of the Deaf Act of 1986 (20 cation Organization Act, shall include a de- tent standards, challenging student aca- U.S.C. 4301 et seq.) is amended by adding at scription of’’ and inserting ‘‘The Secretary demic achievement standards, and academic the end the following: shall annually transmit information to Con- assessments of a State, adopted and imple- ‘‘PART C—OTHER PROGRAMS gress on’’; and mented, as appropriate, pursuant to para- ‘‘SEC. 121. CULTURAL EXPERIENCES GRANTS. (2) in subsection (c), by striking ‘‘fiscal graphs (1) and (3) of section 1111(b) of the El- ‘‘(a) IN GENERAL.—The Secretary shall, on years 1998 through 2003’’ and inserting ‘‘fiscal ementary and Secondary Education Act of a competitive basis, make grants to, and years 2008 through 2013’’.

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SEC. 908. LIAISON FOR EDUCATIONAL PRO- ‘‘(2) DEVELOPMENT OF SLIDING SCALE.—The ‘‘SEC. 821. GRANTS TO STATES FOR IMPROVED GRAMS. University and NTID shall develop a sliding WORKPLACE AND COMMUNITY Section 206(a) of the Education of the Deaf scale model that— TRANSITION TRAINING FOR INCAR- Act of 1986 (20 U.S.C. 4356(a)) is amended by ‘‘(A) will be used to determine the amount CERATED YOUTH OFFENDERS. ‘‘(a) DEFINITION.—In this section, the term striking ‘‘Not later than 30 days after the of a tuition surcharge reduction pursuant to ‘youth offender’ means a male or female of- date of enactment of this Act, the’’ and in- paragraph (1); and fender under the age of 35, who is incarcer- serting ‘‘The’’. ‘‘(B) shall be approved by the Secretary. ated in a State prison, including a prerelease SEC. 909. FEDERAL ENDOWMENT PROGRAMS FOR ‘‘(d) DEFINITION.—In this section, the term GALLAUDET UNIVERSITY AND THE ‘developing country’ means a country with a facility. ‘‘(b) GRANT PROGRAM.—The Secretary of NATIONAL TECHNICAL INSTITUTE per-capita income of not more than $4,825, FOR THE DEAF. Education (in this section referred to as the measured in 1999 United States dollars, as Section 207(h) of the Education of the Deaf ‘Secretary’)— adjusted by the Secretary to reflect inflation Act of 1986 (20 U.S.C. 4357(h)) is amended by since 1999.’’. ‘‘(1) shall establish a program in accord- striking ‘‘fiscal years 1998 through 2003’’ each ance with this section to provide grants to SEC. 912. RESEARCH PRIORITIES. place it appears and inserting ‘‘fiscal years the State correctional education agencies in Section 210(b) of the Education of the Deaf 2008 through 2013’’. the States, from allocations for the States Act of 1986 (20 U.S.C. 4359b(b)) is amended by SEC. 910. OVERSIGHT AND EFFECT OF AGREE- striking ‘‘Committee on Education and the under subsection (h), to assist and encourage MENTS. youth offenders to acquire functional lit- Section 208(a) of the Education of the Deaf Workforce of the House of Representatives, and the Committee on Labor and Human Re- eracy, life, and job skills, through— Act of 1986 (20 U.S.C. 4359(a)) is amended by ‘‘(A) the pursuit of a postsecondary edu- striking ‘‘Committee on Labor and Human sources of the Senate’’ and inserting ‘‘Com- mittee on Education and Labor of the House cation certificate, or an associate or bach- Resources of the Senate and the Committee elor’s degree while in prison; and on Education and the Workforce of the of Representatives, and the Committee on Health, Education, Labor, and Pensions of ‘‘(B) employment counseling and other re- House of Representatives’’ and inserting lated services which start during incarcer- ‘‘Committee on Education and Labor of the the Senate’’. SEC. 913. AUTHORIZATION OF APPROPRIATIONS. ation and end not later than 1 year after re- House of Representatives and the Committee lease from confinement; and on Health, Education, Labor, and Pensions of Section 212 of the Education of the Deaf ‘‘(2) may establish such performance objec- the Senate’’. Act of 1986 (20 U.S.C. 4360a) is amended— tives and reporting requirements for State SEC. 911. INTERNATIONAL STUDENTS. (1) in subsection (a), in the matter pre- ceding paragraph (1), by striking ‘‘fiscal correctional education agencies receiving Section 209 of the Education of the Deaf grants under this section as the Secretary Act of 1986 (20 U.S.C. 4359a) is amended— years 1998 through 2003’’ and inserting ‘‘fiscal determines are necessary to assess the effec- (1) in subsection (a)— years 2008 through 2013’’; and (2) in subsection (b), by striking ‘‘fiscal tiveness of the program under this section. (A) by striking ‘‘preparatory, under- ‘‘(c) APPLICATION.—To be eligible for a graduate,’’ and inserting ‘‘undergraduate’’; years 1998 through 2003’’ and inserting ‘‘fiscal years 2008 through 2013’’. grant under this section, a State correc- (B) by striking ‘‘Effective with’’ and in- tional education agency shall submit to the serting the following: PART B—UNITED STATES INSTITUTE OF Secretary a proposal for a youth offender ‘‘(1) IN GENERAL.—Except as provided in PEACE ACT program that— paragraph (2), effective with’’; and SEC. 921. UNITED STATES INSTITUTE OF PEACE ‘‘(1) identifies the scope of the problem, in- (C) by adding at the end the following: ACT. cluding the number of youth offenders in ‘‘(2) DISTANCE LEARNING.—International (a) POWERS AND DUTIES.—Section 1705(b)(3) need of postsecondary education and voca- students who participate in distance learn- of the United States Institute of Peace Act tional training; ing courses that are at NTID or the Univer- (22 U.S.C. 4604(b)(3)) is amended by striking ‘‘(2) lists the accredited public or private sity and who are residing outside of the ‘‘the Arms Control and Disarmament Agen- educational institution or institutions that United States shall— cy,’’. will provide postsecondary educational serv- ‘‘(A) not be counted as international stu- (b) BOARD OF DIRECTORS.—Section 1706 of ices; dents for purposes of the cap on inter- the United States Institute of Peace Act (22 ‘‘(3) lists the cooperating agencies, public national students under paragraph (1), ex- U.S.C. 4605) is amended— and private, or businesses that will provide cept that in any school year no United (1) by striking ‘‘(b)(5)’’ each place the term States citizen who applies to participate in appears and inserting ‘‘(b)(4)’’; and related services, such as counseling in the distance learning courses that are at the (2) in subsection (e), by adding at the end areas of career development, substance University or NTID shall be denied participa- the following: abuse, health, and parenting skills; tion in such courses because of the participa- ‘‘(5) The term of a member of the Board ‘‘(4) describes specific performance objec- tion of an international student in such shall not commence until the member is con- tives and evaluation methods (in addition to, courses; and firmed by the Senate and sworn in as a mem- and consistent with, any objectives estab- ‘‘(B) not be charged a tuition surcharge, as ber of the Board.’’. lished by the Secretary under subsection described in subsection (b).’’; and (c) FUNDING.—Section 1710 of the United (b)(2)) that the State correctional education (2) by striking subsections (b), (c), and (d), States Institute of Peace Act (22 U.S.C. 4609) agency will use in carrying out its proposal, and inserting the following: is amended— including— ‘‘(b) TUITION SURCHARGE.—Except as pro- (1) by striking ‘‘to be appropriated’’ and all ‘‘(A) specific and quantified student out- vided in subsections (a)(2)(B) and (c), the tui- that follows through the period at the end come measures that are referenced to out- tion for postsecondary international stu- and inserting ‘‘to be appropriated such sums comes for non-program participants with dents enrolled in the University (including as may be necessary for fiscal years 2008 similar demographic characteristics; and undergraduate and graduate students) or through 2013.’’; and ‘‘(B) measures, consistent with the data NTID shall include, for academic year 2008– (2) by adding at the end the following: elements and definitions described in sub- 2009 and any succeeding academic year, a ‘‘(d) EXTENSION.—Any authorization of ap- section (d)(1)(A), of— surcharge of— propriations made for the purposes of car- ‘‘(i) program completion, including an ex- ‘‘(1) 100 percent for a postsecondary inter- rying out this title shall be extended in the plicit definition of what constitutes a pro- national student from a non-developing same manner as applicable programs are ex- gram completion within the proposal; country; and tended under section 422 of the General Edu- ‘‘(ii) knowledge and skill attainment, in- ‘‘(2) 50 percent for a postsecondary inter- cation Provisions Act.’’. cluding specification of instruments that national student from a developing country. PART C—THE HIGHER EDUCATION will measure knowledge and skill attain- ‘‘(c) REDUCTION OF SURCHARGE.— AMENDMENTS OF 1998 ment; N GENERAL ‘‘(1) I .—Beginning with the aca- SEC. 931. REPEALS. ‘‘(iii) attainment of employment both prior demic year 2008–2009, the University or NTID The following provisions of title VIII of the to and subsequent to release; may reduce the surcharge— Higher Education Amendments of 1998 (Pub- ‘‘(iv) success in employment indicated by ‘‘(A) under subsection (b)(1) from 100 per- lic Law 105–244) are repealed: job retention and advancement; and cent to not less than 50 percent if— (1) Part A. ‘‘(v) recidivism, including such subindica- ‘‘(i) a student described under subsection (2) Part C (20 U.S.C. 1070 note). tors as time before subsequent offense and (b)(1) demonstrates need; and (3) Part F (20 U.S.C. 1862 note). severity of offense; ‘‘(ii) such student has made a good faith ef- (4) Part J. ‘‘(5) describes how the proposed programs fort to secure aid through such student’s (5) Section 861. are to be integrated with existing State cor- government or other sources; and (6) Section 863. rectional education programs (such as adult ‘‘(B) under subsection (b)(2) from 50 percent education, graduate education degree pro- SEC. 932. GRANTS TO STATES FOR WORKPLACE to not less than 25 percent if— AND COMMUNITY TRANSITION grams, and vocational training) and State ‘‘(i) a student described under subsection TRAINING FOR INCARCERATED industry programs; (b)(2) demonstrates need; and YOUTH OFFENDERS. ‘‘(6) describes how the proposed programs ‘‘(ii) such student has made a good faith ef- Section 821 of the Higher Education will have considered or will utilize tech- fort to secure aid through such student’s Amendments of 1998 (20 U.S.C. 1151) is nology to deliver the services under this sec- government or other sources. amended to read as follows: tion; and

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Section 1543(d) of the Higher Education (2) in the second sentence, by striking ‘‘In ‘‘(d) PROGRAM REQUIREMENTS.—Each State Amendments of 1992 (20 U.S.C. 1070 note) is the awarding of contracts for technical as- correctional education agency receiving a amended by striking ‘‘to be appropriated’’ sistance, preference shall be given’’ and in- grant under this section shall— and all that follows through the period at serting the following: ‘‘(1) annually report to the Secretary re- the end and inserting ‘‘to be appropriated ‘‘(2) DESIGNATED ORGANIZATION.—The Sec- garding— such sums as may be necessary for fiscal retary shall require that a contract for tech- ‘‘(A) the results of the evaluations con- years 2008 through 2013.’’. nical assistance under paragraph (1) shall be ducted using data elements and definitions PART D—INDIAN EDUCATION awarded’’; and provided by the Secretary for the use of Subpart 1—Tribal Colleges and Universities (3) in the third sentence, by striking ‘‘No State correctional education programs; SEC. 941. REAUTHORIZATION OF THE TRIBALLY authority’’ and inserting the following: ‘‘(B) any objectives or requirements estab- CONTROLLED COLLEGE OR UNIVER- ‘‘(b) EFFECT OF SECTION.—No authority’’. lished by the Secretary pursuant to sub- SITY ASSISTANCE ACT OF 1978. (f) AMOUNT OF GRANTS.—Section 108(a) of section (b)(2); and (a) CLARIFICATION OF THE DEFINITION OF NA- the Tribally Controlled College or University ‘‘(C) the additional performance objectives TIONAL INDIAN ORGANIZATION.—Section 2(a)(6) Assistance Act of 1978 (25 U.S.C. 1808(a)) is and evaluation methods contained in the of the Tribally Controlled College or Univer- amended— proposal described in subsection (c)(4) as nec- sity Assistance Act of 1978 (25 U.S.C. (1) by redesignating paragraphs (1) and (2) essary to document the attainment of 1801(a)(6)) is amended by striking ‘‘in the as subparagraphs (A) and (B), respectively, project performance objectives; and field of Indian education’’ and inserting ‘‘in and indenting the subparagraphs appro- ‘‘(2) provide to each State for each student the fields of tribally controlled colleges and priately; eligible under subsection (e) not more than— universities and Indian higher education’’. (2) by striking ‘‘(a) Except as provided in ‘‘(A) $3,000 annually for tuition, books, and (b) INDIAN STUDENT COUNT.—Section 2(a) of section 111,’’ and inserting the following: essential materials; and the Tribally Controlled College or University ‘‘(a) REQUIREMENT.— ‘‘(B) $300 annually for related services such Assistance Act of 1978 (25 U.S.C. 1801(a)) is ‘‘(1) IN GENERAL.—Except as provided in as career development, substance abuse amended— paragraph (2) and section 111,’’; counseling, parenting skills training, and (1) by redesignating paragraphs (7) and (8) (3) in paragraph (1) (as redesignated by health education. as paragraphs (8) and (9), respectively; and paragraphs (1) and (2))— ‘‘(e) STUDENT ELIGIBILITY.—A youth of- (2) by inserting after paragraph (6) the fol- (A) in the matter preceding subparagraph fender shall be eligible for participation in a lowing: (A) (as redesignated by paragraph (1))— program receiving a grant under this section ‘‘(7) ‘Indian student’ means a student who (i) by striking ‘‘him’’ and inserting ‘‘the if the youth offender— is— Secretary’’; and ‘‘(1) is eligible to be released within 5 years ‘‘(A) a member of an Indian tribe; or (ii) by striking ‘‘product of’’ and inserting (including a youth offender who is eligible ‘‘(B) a biological child of a member of an ‘‘product obtained by multiplying’’; for parole within such time); Indian tribe, living or deceased;’’. (B) in subparagraph (A) (as redesignated by ‘‘(2) is 35 years of age or younger; and (c) CONTINUING EDUCATION.—Section 2(b) of paragraph (1)), by striking ‘‘section 2(a)(7)’’ ‘‘(3) has not been convicted of— the Tribally Controlled College or University and inserting ‘‘section 2(a)(8)’’; and ‘‘(A) a ‘criminal offense against a victim Assistance Act of 1978 (25 U.S.C. 1801(b)) is (C) in subparagraph (B) (as redesignated by who is a minor’ or a ‘sexually violent of- amended— paragraph (1)), by striking ‘‘$6,000,’’ and in- fense’, as such terms are defined in the Jacob (1) in the matter preceding paragraph (1), serting ‘‘$8,000, as adjusted annually for in- Wetterling Crimes Against Children and Sex- by striking ‘‘paragraph (7) of subsection (a)’’ flation.’’; and ually Violent Offender Registration Act (42 and inserting ‘‘subsection (a)(8)’’; (4) by striking ‘‘except that no grant shall U.S.C. 14071 et seq.); or (2) by striking paragraph (5) and inserting exceed the total cost of the education pro- ‘‘(B) murder, as described in section 1111 of the following: gram provided by such college or univer- title 18, United States Code. ‘‘(5) DETERMINATION OF CREDITS.—Eligible sity.’’ and inserting the following: ‘‘(f) LENGTH OF PARTICIPATION.—A State credits earned in a continuing education pro- ‘‘(2) EXCEPTION.—The amount of a grant correctional education agency receiving a gram— under paragraph (1) shall not exceed an grant under this section shall provide edu- ‘‘(A) shall be determined as 1 credit for amount equal to the total cost of the edu- cational and related services to each partici- every 10 contact hours in the case of an in- cation program provided by the applicable pating youth offender for a period not to ex- stitution on a quarter system, or 15 contact tribally controlled college or university.’’. ceed 5 years, 1 year of which may be devoted hours in the case of an institution on a se- (g) GENERAL PROVISIONS REAUTHORIZA- to study in a graduate education degree pro- mester system, of participation in an orga- TION.—Section 110(a) of the Tribally Con- gram or to remedial education services for nized continuing education experience under trolled College or University Assistance Act students who have obtained a secondary responsible sponsorship, capable direction, of 1978 (25 U.S.C. 1810(a)) is amended— school diploma or its recognized equivalent. and qualified instruction, as described in the (1) in paragraphs (1), (2), (3), and (4), by Educational and related services shall start criteria established by the International As- striking ‘‘1999’’ and inserting ‘‘2008’’; during the period of incarceration in prison sociation for Continuing Education and (2) in paragraphs (1), (2), and (3), by strik- or prerelease, and the related services may Training; and ing ‘‘4 succeeding’’ and inserting ‘‘5 suc- continue for not more than 1 year after re- ‘‘(B) shall be limited to 10 percent of the ceeding’’; lease from confinement. Indian student count of a tribally controlled (3) in paragraph (2), by striking ‘‘(g) EDUCATION DELIVERY SYSTEMS.—State college or university.’’; and ‘‘$40,000,000’’ and inserting ‘‘such sums as correctional education agencies and cooper- (3) by striking paragraph (6). may be necessary’’; ating institutions shall, to the extent prac- (d) ACCREDITATION REQUIREMENT.—Section (4) in paragraph (3), by striking ticable, use high-tech applications in devel- 103 of the Tribally Controlled College or Uni- ‘‘$10,000,000’’ and inserting ‘‘such sums as oping programs to meet the requirements versity Assistance Act of 1978 (25 U.S.C. 1804) may be necessary’’; and and goals of this section. is amended— (5) in paragraph (4), by striking ‘‘suc- ‘‘(h) ALLOCATION OF FUNDS.—From the (1) in paragraph (2), by striking ‘‘and’’ at funds appropriated pursuant to subsection (i) ceeding 4’’ and inserting ‘‘5 succeeding’’. the end; for each fiscal year, the Secretary shall allot (h) ENDOWMENT PROGRAM REAUTHORIZA- (2) in paragraph (3), by striking the period to each State an amount that bears the same TION.—Section 306(a) of the Tribally Con- at the end and inserting ‘‘; and’’; and relationship to such funds as the total num- trolled College or University Assistance Act ber of students eligible under subsection (e) (3) by inserting after paragraph (3), the fol- of 1978 (25 U.S.C. 1836(a)) is amended— in such State bears to the total number of lowing: (1) by striking ‘‘1999’’ and inserting ‘‘2008’’; such students in all States. ‘‘(4)(A) is accredited by a nationally recog- and ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— nized accrediting agency or association de- (2) by striking ‘‘4 succeeding’’ and insert- There are authorized to be appropriated to termined by the Secretary of Education to ing ‘‘5 succeeding’’. carry out this section such sums as may be be a reliable authority with regard to the (i) TRIBAL ECONOMIC DEVELOPMENT REAU- necessary for fiscal years 2008 through 2013.’’. quality of training offered; or THORIZATION.—Section 403 of the Tribal Eco- SEC. 933. UNDERGROUND RAILROAD EDU- ‘‘(B) according to such an agency or asso- nomic Development and Technology Related CATIONAL AND CULTURAL PRO- ciation, is making reasonable progress to- Education Assistance Act of 1990 (25 U.S.C. GRAM. ward accreditation.’’. 1852) is amended— Section 841(c) of the Higher Education (e) TECHNICAL ASSISTANCE CONTRACTS.— (1) by striking ‘‘$2,000,000 for fiscal year Amendments of 1998 (20 U.S.C. 1153(c)) is Section 105 of the Tribally Controlled Col- 1999’’ and inserting ‘‘such sums as may be amended by striking ‘‘this section’’ and all lege or University Assistance Act of 1978 (25 necessary for fiscal year 2008’’; and that follows through the period at the end U.S.C. 1805) is amended— (2) by striking ‘‘4 succeeding’’ and insert- and inserting ‘‘this section such sums as (1) by striking the section designation and ing ‘‘5 succeeding’’. may be necessary for fiscal years 2008 heading and all that follows through ‘‘The (j) TRIBALLY CONTROLLED POSTSECONDARY through 2013.’’. Secretary shall’’ and inserting the following: CAREER AND TECHNICAL INSTITUTIONS.—

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(1) IN GENERAL.—The Tribally Controlled and Technical Education Act of 2006 (20 sistance Act of 1978 (25 U.S.C. 1801 note; Pub- College or University Assistance Act of 1978 U.S.C. 2327(h)) of such institutions for the lic Law 95–471) is amended to read as follows: (25 U.S.C. 1801 et seq.) is amended by adding prior academic year; and ‘‘SECTION 1. SHORT TITLE. at the end the following: ‘‘(B) multiplying the quotient described in ‘‘This Act may be cited as the ‘Tribally ‘‘Subtitle V—Tribally Controlled Postsec- subparagraph (A) by the Indian student Controlled Colleges and Universities Assist- ondary Career and Technical Institutions count of each such institution for the prior ance Act of 1978’.’’. academic year. EFERENCES ‘‘SEC. 501. DEFINITION OF TRIBALLY CON- (2) R .—Any reference in law (in- TROLLED POSTSECONDARY CAREER ‘‘SEC. 503. APPLICABILITY OF OTHER LAWS. cluding regulations) to the Tribally Con- AND TECHNICAL INSTITUTION. ‘‘(a) IN GENERAL.—Paragraphs (4) and (7) of trolled College or University Assistance Act ‘‘In this title, the term ‘tribally controlled subsection (a), and subsection (b), of section of 1978 shall be considered to be a reference postsecondary career and technical institu- 2, sections 105, 108, 111, 112 and 113, and titles to the ‘‘Tribally Controlled Colleges and Uni- tion’ has the meaning given the term in sec- II, III, and IV shall not apply to this title. versities Assistance Act of 1978’’. tion 3 of the Carl D. Perkins Career and ‘‘(b) INDIAN SELF-DETERMINATION AND EDU- Subpart 2—Navajo Higher Education CATION ASSISTANCE.—Funds made available Technical Education Act of 2006 (20 U.S.C. SEC. 945. SHORT TITLE. 2302). pursuant to this title shall be subject to the Indian Self-Determination and Education This subpart may be cited as the ‘‘Navajo ‘‘SEC. 502. TRIBALLY CONTROLLED POSTSEC- Assistance Act (25 U.S.C. 450 et seq.). Nation Higher Education Act of 2006’’. ONDARY CAREER AND TECHNICAL ‘‘(c) ELECTION TO RECEIVE.—A tribally con- SEC. 946. REAUTHORIZATION OF NAVAJO COM- INSTITUTIONS PROGRAM. trolled postsecondary career and technical MUNITY COLLEGE ACT. ‘‘(a) IN GENERAL.—Subject to the avail- institution selected for a fiscal year under (a) PURPOSE.—Section 2 of the Navajo Com- ability of appropriations, for fiscal year 2008 section 502(b) may elect to receive funds pur- munity College Act (25 U.S.C. 640a) is amend- and each fiscal year thereafter, the Sec- suant to section 502 in accordance with an ed— retary shall— agreement between the tribally controlled (1) by striking ‘‘Navajo Tribe of Indians’’ ‘‘(1) subject to subsection (b), select 2 trib- postsecondary career and technical institu- and inserting ‘‘Navajo Nation’’; and ally controlled postsecondary career and tion and the Secretary under the Indian Self- (2) by striking ‘‘the Navajo Community technical institutions to receive assistance Determination and Education Assistance Act College’’ and inserting ‘‘Dine´ College’’. under this title; and (25 U.S.C. 450 et seq.) if the agreement is in (b) GRANTS.—Section 3 of the Navajo Com- ‘‘(2) provide funding to the selected trib- existence on the date of enactment of the munity College Act (25 U.S.C. 640b) is amend- ally controlled postsecondary career and Higher Education Amendments of 2007. ed— technical institutions to pay the costs (in- ‘‘(d) OTHER ASSISTANCE.—Eligibility for, or (1) in the first sentence— cluding institutional support costs) of oper- receipt of, assistance under this title shall (A) by inserting ‘‘the’’ before ‘‘Interior’’; ating postsecondary career and technical not preclude the eligibility of a tribally con- (B) by striking ‘‘Navajo Tribe of Indians’’ education programs for Indian students at trolled postsecondary career and technical and inserting ‘‘Navajo Nation’’; and the tribally controlled postsecondary career institutions to receive Federal financial as- (C) by striking ‘‘the Navajo Community and technical institutions. sistance under— College’’ and inserting ‘‘Dine´ College’’; and ‘‘(b) SELECTION OF CERTAIN INSTITUTIONS.— ‘‘(1) any program under the Higher Edu- (2) in the second sentence— ‘‘(1) REQUIREMENT.—For each fiscal year cation Act of 1965 (20 U.S.C. 1001 et seq.); (A) by striking ‘‘Navajo Tribe’’ and insert- during which the Secretary determines that ‘‘(2) any program under the Carl D. Perkins ing ‘‘Navajo Nation’’; and a tribally controlled postsecondary career Career and Technical Education Act of 2006; (B) by striking ‘‘Navajo Indians’’ and in- and technical institution described in para- or serting ‘‘Navajo people’’. graph (2) meets the definition referred to in ‘‘(3) any other applicable program under (c) STUDY OF FACILITIES NEEDS.—Section 4 section 501, the Secretary shall select that which a benefit is provided for— of the Navajo Community College Act (25 tribally controlled postsecondary career and ‘‘(A) institutions of higher education; U.S.C. 640c) is amended— technical institution under subsection (a)(1) ‘‘(B) community colleges; or (1) in subsection (a)— to receive funding under this section. ‘‘(C) postsecondary educational institu- (A) in the first sentence— ‘‘(2) INSTITUTIONS.—The 2 tribally con- tions. (i) by striking ‘‘the Navajo Community trolled postsecondary career and technical ‘‘SEC. 504. AUTHORIZATION OF APPROPRIATIONS. College’’ and inserting ‘‘Dine College’’; and institutions referred to in paragraph (1) are— ‘‘There are authorized to be appropriated (ii) by striking ‘‘August 1, 1979’’ and insert- ‘‘(A) the United Tribes Technical College; such sums as are necessary for fiscal year ing ‘‘October 31, 2010’’; and and 2008 and each fiscal year thereafter to carry (B) in the second sentence, by striking ‘‘(B) the Navajo Technical College. out this title.’’. ‘‘Navajo Tribe’’ and inserting ‘‘Navajo Na- ‘‘(c) METHOD OF PAYMENT.—For each appli- (2) CONFORMING AMENDMENTS.—Section 117 tion’’; cable fiscal year, the Secretary shall provide of the Carl D. Perkins Career and Technical (2) in subsection (b), by striking ‘‘the date funding under this section to each tribally Education Act of 2006 (20 U.S.C. 2327) is of enactment of the Tribally Controlled controlled postsecondary career and tech- amended— Community College Assistance Act of 1978’’ nical institution selected for the fiscal year (A) by striking subsection (a) and inserting and inserting ‘‘October 1, 2007’’; and under subsection (a)(1) in a lump sum pay- the following: (3) in subsection (c), in the first sentence, ment for the fiscal year. ‘‘(a) GRANT PROGRAM.—Subject to the by striking ‘‘the Navajo Community Col- ‘‘(d) DISTRIBUTION.— availability of appropriations, the Secretary lege’’ and inserting ‘‘Dine´ College’’. ‘‘(1) IN GENERAL.—For fiscal year 2009 and shall make grants under this section, to pro- (d) AUTHORIZATION OF APPROPRIATIONS.— each fiscal year thereafter, of amounts made vide basic support for the education and Section 5 of the Navajo Community College available pursuant to section 504, the Sec- training of Indian students, to tribally con- Act (25 U.S.C. 640c–1) is amended— retary shall distribute to each tribally con- trolled postsecondary career and technical (1) in subsection (a)— trolled postsecondary career and technical institutions that are not receiving Federal (A) in paragraph (1), by striking institution selected for the fiscal year under assistance as of the date on which the grant ‘‘$2,000,000’’ and all that follows through the subsection (a)(1) an amount equal to the is provided under— end of the paragraph and inserting ‘‘such greater of— ‘‘(1) title I of the Tribally Controlled Col- sums as are necessary for fiscal years 2008 ‘‘(A) the total amount appropriated for the lege or University Assistance Act of 1978 (25 through 2013.’’; and tribally controlled postsecondary career and U.S.C. 1802 et seq.); or (B) by adding at the end the following: technical institution for fiscal year 2006; or ‘‘(2) the Navajo Community College Act (25 ‘‘(3) Sums described in paragraph (2) shall ‘‘(B) the total amount appropriated for the U.S.C. 640a et seq.).’’; and be used to provide grants for construction tribally controlled postsecondary career and (B) by striking subsection (d) and inserting activities, including the construction of technical institution for fiscal year 2008. the following: buildings, water and sewer facilities, roads, ‘‘(2) EXCESS AMOUNTS.—If, for any fiscal ‘‘(d) APPLICATIONS.—To be eligible to re- information technology and telecommuni- year, the amount made available pursuant to ceive a grant under this section, a tribally cations infrastructure, classrooms, and ex- section 504 exceeds the sum of the amounts controlled postsecondary career and tech- ternal structures (such as walkways).’’; required to be distributed under paragraph nical institution that is not receiving Fed- (2) in subsection (b)(1)— (1) to the tribally controlled postsecondary eral assistance under title I of the Tribally (A) in the matter preceding subparagraph career and technical institutions selected for Controlled College or University Assistance (A)— the fiscal year under subsection (a)(1), the Act (25 U.S.C. 1802 et seq.) or the Navajo (i) by striking ‘‘the Navajo Community Secretary shall distribute to each tribally Community College Act (25 U.S.C. 640a et College’’ and inserting ‘‘Dine´ College’’; and controlled postsecondary career and tech- seq.) shall submit to the Secretary an appli- (ii) by striking ‘‘, for each fiscal year’’ and nical institution selected for that fiscal year cation at such time, in such manner, and all that follows through ‘‘for—’’ and insert- a portion of the excess amount, to be deter- containing such information as the Sec- ing ‘‘such sums as are necessary for fiscal mined by— retary may require.’’. years 2008 through 2013 to pay the cost of—’’; ‘‘(A) dividing the excess amount by the ag- (k) SHORT TITLE.— (B) in subparagraph (A)— gregate Indian student count (as defined in (1) IN GENERAL.—The first section of the (i) by striking ‘‘college’’ and inserting section 117(h) of the Carl D. Perkins Career Tribally Controlled College or University As- ‘‘College’’;

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00187 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10044 CONGRESSIONAL RECORD — SENATE July 25, 2007 (ii) in clauses (i) and (iii), by striking the borrower shall enter into a written agree- ‘‘(A) has practiced law for 5 years or less commas at the ends of the clauses and in- ment with the Secretary that specifies and, for at least 90 percent of the time in serting semicolons; and that— such practice, has served as a civil legal as- (iii) in clause (ii), by striking ‘‘, and’’ at ‘‘(A) the borrower will remain employed as sistance attorney; the end and inserting ‘‘; and’’; a civil legal assistance attorney for a re- ‘‘(B) received repayment benefits under (C) in subparagraph (B), by striking the quired period of service of not less than 3 this section during the preceding fiscal year; comma at the end and inserting a semicolon; years, unless involuntarily separated from and (D) in subparagraph (C), by striking ‘‘, that employment; ‘‘(C) has completed less than 3 years of the and’’ at the end and inserting a semicolon; ‘‘(B) if the borrower is involuntarily sepa- first required period of service specified for (E) in subparagraph (D), by striking the pe- rated from employment on account of mis- the borrower in an agreement entered into riod at the end and inserting ‘‘; and’’; and conduct, or voluntarily separates from em- under subsection (d). (F) by adding at the end the following: ployment, before the end of the period speci- ‘‘(g) REGULATIONS.—The Secretary is au- ‘‘(E) improving and expanding the College, fied in the agreement, the borrower will thorized to issue such regulations as may be including by providing, for the Navajo people repay the Secretary the amount of any bene- necessary to carry out the provisions of this and others in the community of the Col- fits received by such employee under this section. lege— agreement; ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) higher education programs; ‘‘(C) if the borrower is required to repay an There are authorized to be appropriated to ‘‘(ii) career and technical education; amount to the Secretary under subparagraph carry out this section $10,000,000 for fiscal ‘‘(iii) activities relating to the preserva- (B) and fails to repay such amount, a sum year 2008 and such sums as may be necessary tion and protection of the Navajo language, equal to that amount shall be recoverable by for each succeeding fiscal year.’’. philosophy, and culture; the Federal Government from the employee PART E—OMNIBUS CRIME CONTROL AND ‘‘(iv) employment and training opportuni- by such methods as are provided by law for SAFE STREETS ACT OF 1968 ties; the recovery of amounts owed to the Federal SEC. 951. SHORT TITLE. ‘‘(v) economic development and commu- Government; This part may be cited as the ‘‘John R. nity outreach; and ‘‘(D) the Secretary may waive, in whole or Justice Prosecutors and Defenders Incentive ‘‘(vi) a safe learning, working, and living in part, a right of recovery under this sub- Act of 2007’’. environment.’’; and section if it is shown that recovery would be (3) in subsection (c), by striking ‘‘the Nav- against equity and good conscience or SEC. 952. LOAN REPAYMENT FOR PROSECUTORS ´ ajo Community College’’ and inserting ‘‘Dine against the public interest; and AND DEFENDERS. College’’. ‘‘(E) the Secretary shall make student loan Title I of the Omnibus Crime Control and (e) EFFECT ON OTHER LAWS.—Section 6 of payments under this section for the period of Safe Streets Act of 1968 (42 U.S.C. 3711 et the Navajo Community College Act (25 the agreement, subject to the availability of seq.) is amended by inserting after part II (42 U.S.C. 640c–2) is amended— appropriations. U.S.C. 3797cc et seq.) the following: (1) by striking ‘‘the Navajo Community ‘‘(2) REPAYMENTS.— ‘‘PART JJ—LOAN REPAYMENT FOR College’’ each place it appears and inserting ‘‘(A) IN GENERAL.—Any amount repaid by, PROSECUTORS AND PUBLIC DEFENDERS ‘‘Dine´ College’’; and or recovered from, an individual under this (2) in subsection (b), by striking ‘‘college’’ ‘‘SEC. 3001. GRANT AUTHORIZATION. and inserting ‘‘College’’. subsection shall be credited to the appropria- ‘‘(a) PURPOSE.—The purpose of this section (f) PAYMENTS; INTEREST.—Section 7 of the tion account from which the amount in- is to encourage qualified individuals to enter Navajo Community College Act (25 U.S.C. volved was originally paid. and continue employment as prosecutors and 640c–3) is amended by striking ‘‘the Navajo ‘‘(B) MERGER.—Any amount credited under public defenders. Community College’’ each place it appears subparagraph (A) shall be merged with other ‘‘(b) DEFINITIONS.—In this section: and inserting ‘‘Dine´ College’’. sums in such account and shall be available ‘‘(1) PROSECUTOR.—The term ‘prosecutor’ ‘‘SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL for the same purposes and period, and sub- means a full-time employee of a State or ASSISTANCE ATTORNEYS. ject to the same limitations, if any, as the local agency who— ‘‘(a) PURPOSE.—The purpose of this section sums with which the amount was merged. ‘‘(A) is continually licensed to practice is to encourage qualified individuals to enter ‘‘(3) LIMITATIONS.— law; and and continue employment as civil legal as- ‘‘(A) STUDENT LOAN PAYMENT AMOUNT.— ‘‘(B) prosecutes criminal or juvenile delin- sistance attorneys. Student loan repayments made by the Sec- quency cases at the State or local level (in- ‘‘(b) DEFINITIONS.—In this section: retary under this section shall be made sub- cluding supervision, education, or training of ‘‘(1) CIVIL LEGAL ASSISTANCE ATTORNEY.— ject to such terms, limitations, or conditions other persons prosecuting such cases). The term ‘civil legal assistance attorney’ as may be mutually agreed upon by the bor- ‘‘(2) PUBLIC DEFENDER.—The term ‘public means an attorney who— rower and the Secretary in an agreement defender’ means an attorney who— ‘‘(A) is a full-time employee of a nonprofit under paragraph (1), except that the amount ‘‘(A) is continually licensed to practice organization that provides legal assistance paid by the Secretary under this section law; and with respect to civil matters to low-income shall not exceed— ‘‘(B) is— individuals without a fee; ‘‘(i) $6,000 for any borrower in any calendar ‘‘(i) a full-time employee of a State or ‘‘(B) as such employee, provides civil legal year; or local agency who provides legal representa- assistance as described in subparagraph (A) ‘‘(ii) an aggregate total of $40,000 in the tion to indigent persons in criminal or juve- on a full-time basis; and case of any borrower. nile delinquency cases (including super- ‘‘(C) is continually licensed to practice ‘‘(B) BEGINNING OF PAYMENTS.—Nothing in vision, education, or training of other per- law. this section shall authorize the Secretary to sons providing such representation); ‘‘(2) STUDENT LOAN.—The term ‘student pay any amount to reimburse a borrower for ‘‘(ii) a full-time employee of a nonprofit or- loan’ means— any repayments made by such borrower prior ganization operating under a contract with a ‘‘(A) subject to subparagraph (B), a loan to the date on which the Secretary entered State or unit of local government, who de- made, insured, or guaranteed under part B, into an agreement with the borrower under votes substantially all of his or her full-time D, or E of this title; and this subsection. employment to providing legal representa- ‘‘(B) a loan made under section 428C or ‘‘(e) ADDITIONAL AGREEMENTS.— tion to indigent persons in criminal or juve- 455(g), to the extent that such loan was used ‘‘(1) IN GENERAL.—On completion of the re- nile delinquency cases, (including super- to repay— quired period of service under an agreement vision, education, or training of other per- ‘‘(i) a Federal Direct Stafford Loan, a Fed- under subsection (d), the borrower and the sons providing such representation); or eral Direct Unsubsidized Stafford Loan, or a Secretary may, subject to paragraph (2), Federal Direct PLUS Loan; ‘‘(iii) employed as a full-time Federal de- enter into an additional agreement in ac- ‘‘(ii) a loan made under section 428, 428B, or fender attorney in a defender organization cordance with subsection (d). 428H; or established pursuant to subsection (g) of sec- ‘‘(2) TERM.—An agreement entered into ‘‘(iii) a loan made under part E. tion 3006A of title 18, United States Code, under paragraph (1) may require the bor- ‘‘(c) PROGRAM AUTHORIZED.—The Secretary 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 ‘‘(1) is employed as a civil legal assistance benefits under this section on a first-come, under part B of title IV of the Higher Edu- attorney; and first-served basis, and subject to the avail- cation Act of 1965 (20 U.S.C. 1071 et seq.); ‘‘(2) is not in default on a loan for which ability of appropriations. ‘‘(B) a loan made under part D or E of title the borrower seeks repayment. ‘‘(2) PRIORITY.—The Secretary shall give IV of the Higher Education Act of 1965 (20 ‘‘(d) TERMS OF AGREEMENT.— priority in providing repayment benefits U.S.C. 1087a et seq. and 1087aa et seq.); and ‘‘(1) IN GENERAL.—To be eligible to receive under this section in any fiscal year to a bor- ‘‘(C) a loan made under section 428C or repayment benefits under subsection (c), a rower who— 455(g) of the Higher Education Act of 1965 (20

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U.S.C. 1078–3 and 1087e(g)) to the extent that ‘‘(1) IN GENERAL.—On completion of the re- S. 1716 such loan was used to repay a Federal Direct quired period of service under an agreement Be it enacted by the Senate and House of Rep- Stafford Loan, a Federal Direct Unsubsidized under subsection (d), the borrower and the resentatives of the United States of America in Stafford Loan, or a loan made under section Attorney General may, subject to paragraph Congress assembled, 428 or 428H of such Act. (2), enter into an additional agreement in ac- SECTION 1. CONTRACT WAIVER. cordance with subsection (d). ‘‘(c) PROGRAM AUTHORIZED.—The Attorney The U.S. Troop Readiness, Veterans’ Care, ‘‘(2) TERM.—An agreement entered into General shall establish a program by which Katrina Recovery, and Iraq Accountability under paragraph (1) may require the bor- the Department of Justice shall assume the Appropriations Act, 2007 (Public Law 110–28; rower to remain employed as a prosecutor or obligation to repay a student loan, by direct 121 Stat. 112) is amended by striking section public defender for less than 3 years. payments on behalf of a borrower to the 9012. holder of such loan, in accordance with sub- ‘‘(f) AWARD BASIS; PRIORITY.— section (d), for any borrower who— ‘‘(1) AWARD BASIS.—Subject to paragraph f ‘‘(1) is employed as a prosecutor or public (2), the Attorney General shall provide re- TO AMEND TITLE 4, UNITED payment benefits under this section— defender; and STATES CODE ‘‘(2) is not in default on a loan for which ‘‘(A) giving priority to borrowers who have the borrower seeks forgiveness. the least ability to repay their loans, except Mrs. MURRAY. Mr. President, I ask ‘‘(d) TERMS OF AGREEMENT.— that the Attorney General shall determine a unanimous consent that the Senate ‘‘(1) IN GENERAL.—To be eligible to receive fair allocation of repayment benefits among proceed to the immediate consider- repayment benefits under subsection (c), a prosecutors and public defenders, and among ation of S. 1877, introduced earlier borrower shall enter into a written agree- employing entities nationwide; and ‘‘(B) subject to the availability of appro- today. ment that specifies that— The PRESIDING OFFICER. The ‘‘(A) the borrower will remain employed as priations. a prosecutor or public defender for a required ‘‘(2) PRIORITY.—The Attorney General shall clerk will report the bill by title. period of service of not less than 3 years, un- give priority in providing repayment bene- The legislative clerk read as follows: less involuntarily separated from that em- fits under this section in any fiscal year to a A bill (S. 1877) to amend title 4, United ployment; borrower who— States Code, to prescribe that members of ‘‘(B) if the borrower is involuntarily sepa- ‘‘(A) received repayment benefits under the Armed Forces and veterans out of uni- rated from employment on account of mis- this section during the preceding fiscal year; form may render the military salute during conduct, or voluntarily separates from em- and hoisting, lowering, or passing of flag. ployment, before the end of the period speci- ‘‘(B) has completed less than 3 years of the first required period of service specified for There being no objection, the Senate fied in the agreement, the borrower will proceeded to consider the bill. repay the Attorney General the amount of the borrower in an agreement entered into any benefits received by such employee under subsection (d). Mrs. MURRAY. Mr. President, I ask under this section; ‘‘(g) REGULATIONS.—The Attorney General unanimous consent that the bill be ‘‘(C) if the borrower is required to repay an is authorized to issue such regulations as read a third time and passed, the mo- amount to the Attorney General under sub- may be necessary to carry out the provisions tion to reconsider be laid upon the of this section. paragraph (B) and fails to repay such ‘‘(h) STUDY.—Not later than 1 year after table, and that any statements relating amount, a sum equal to that amount shall be the date of enactment of this section, the to the bill be printed in the RECORD. recoverable by the Federal Government from Government Accountability Office shall The PRESIDING OFFICER. Without the employee (or such employee’s estate, if study and report to Congress on the impact objection, it is so ordered. applicable) by such methods as are provided of law school accreditation requirements and by law for the recovery of amounts owed to The bill (S. 1877) was ordered to be other factors on law school costs and access, engrossed for a third reading, was read the Federal Government; including the impact of such requirements ‘‘(D) the Attorney General may waive, in on racial and ethnic minorities. the third time, and passed, as follows: whole or in part, a right of recovery under ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— S. 1877 this subsection if it is shown that recovery There are authorized to be appropriated to Be it enacted by the Senate and House of Rep- would be against equity and good conscience carry out this section $25,000,000 for fiscal resentatives of the United States of America in or against the public interest; and year 2008 and such sums as may be necessary Congress assembled, ‘‘(E) the Attorney General shall make stu- for each succeeding fiscal year.’’. SECTION 1. CONDUCT BY MEMBERS OF THE dent loan payments under this section for f ARMED FORCES AND VETERANS OUT the period of the agreement, subject to the OF UNIFORM DURING HOISTING, availability of appropriations. TO AMEND U.S. TROOP READI- LOWERING, OR PASSING OF FLAG. ‘‘(2) REPAYMENTS.— NESS, VETERANS’ CARE, Section 9 of title 4, United States Code, is ‘‘(A) IN GENERAL.—Any amount repaid by, KATRINA RECOVERY, AND IRAQ amended by striking ‘‘all persons present’’ or recovered from, an individual or the es- ACCOUNTABILITY APPROPRIA- and all that follows through the end and in- tate of an individual under this subsection TIONS ACT, 2007 serting ‘‘those present in uniform should shall be credited to the appropriation ac- render the military salute. Members of the count from which the amount involved was Mrs. MURRAY. Mr. President, I ask Armed Forces and veterans who are present originally paid. unanimous consent that the Com- but not in uniform may render the military ‘‘(B) MERGER.—Any amount credited under mittee on Agriculture be discharged salute. All other persons present should face subparagraph (A) shall be merged with other from further consideration of S. 1716 the flag and stand at attention with their sums in such account and shall be available and that the Senate proceed to its im- right hand over the heart, or if applicable, for the same purposes and period, and sub- mediate consideration. remove their headdress with their right hand ject to the same limitations, if any, as the The PRESIDING OFFICER. Without and hold it at the left shoulder, the hand sums with which the amount was merged. objection, it is so ordered. being over the heart. Citizens of other coun- ‘‘(3) LIMITATIONS.— The clerk will report the bill by title. tries should stand at attention. All such con- ‘‘(A) STUDENT LOAN PAYMENT AMOUNT.— The legislative clerk read as follows: duct toward the flag in a moving column Student loan repayments made by the Attor- should be rendered at the moment the flag The bill (S. 1716) to amend the U.S. Troop ney General under this section shall be made passes.’’. subject to such terms, limitations, or condi- Readiness, Veterans’ Care, Katrina Recov- f tions as may be mutually agreed upon by the ery, and Iraq Accountability Appropriations borrower and the Attorney General in an Act, 2007, to strike a requirement relating to AUTHORIZING PRINTING OF agreement under paragraph (1), except that forage producers. BROCHURE the amount paid by the Attorney General There being no objection, the Senate under this section shall not exceed— proceeded to consider the bill. Mrs. MURRAY. Mr. President, I ask ‘‘(i) $10,000 for any borrower in any cal- Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate endar year; or unanimous consent that the bill be now proceed to the immediate consid- ‘‘(ii) an aggregate total of $60,000 in the read a third time and passed, the mo- eration of H. Con. Res. 190, just re- case of any borrower. tion to reconsider be laid upon the ceived from the House and is at the ‘‘(B) BEGINNING OF PAYMENTS.—Nothing in table, and any statements relating to desk. this section shall authorize the Attorney The PRESIDING OFFICER. The General to pay any amount to reimburse a the measure be printed in RECORD. borrower for any repayments made by such The PRESIDING OFFICER. Without clerk will report the concurrent resolu- borrower prior to the date on which the At- objection, it is so ordered. tion by title. torney General entered into an agreement The bill (S. 1716) was ordered to be The legislative clerk read as follows: with the borrower under this subsection. engrossed for a third reading, was read A concurrent resolution (H. Con. Res. 190) ‘‘(e) ADDITIONAL AGREEMENTS.— the third time, and passed, as follows: authorizing printing of the brochure entitled

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00189 Fmt 0624 Sfmt 0634 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10046 CONGRESSIONAL RECORD — SENATE July 25, 2007 ‘‘How Our Laws Are Made’’, the document- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LILLY B. CHRISMAN, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION LESLIE M. CLARAVALL, 0000 sized, annotated version of the United States 601: RICHARD H. EAVES, 0000 Constitution, and the pocket version of the JOYCELYN ELAIHO, 0000 To be general United States Constitution. BETH A. EWING, 0000 GEN. KEVIN P. CHILTON, 0000 JOHN R. EWING, 0000 There being no objection, the Senate KATRINA A. GLAVANHEISE, 0000 proceeded to consider the concurrent THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JANE C. HENDRICKSVESEL, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MARK S. HOLLAND, 0000 resolution. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JUDITH A. HUGHES, 0000 Mrs. MURRAY. Mr. President, I ask AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION BARBARA A. JONES, 0000 601: ANDREW J. JORGENSEN, 0000 unanimous consent that the concur- KAREN M. KINNE, 0000 To be lieutenant general CATHERINE F. MATTIE, 0000 rent resolution be agreed to, and the CORINNE O. NAUGHTON, 0000 LT. GEN. DAVID A. DEPTULA, 0000 motion to reconsider be laid upon the WILLIAM R. OSBORNE, 0000 table, without intervening action or THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BEVERLY J. SMITH, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ROBIN E. SQUELLATI, 0000 debate. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CECELIA W. SUTTON, 0000 The PRESIDING OFFICER. Without AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SANDRA C. TYNES, 0000 601: ROSEANNE C. WARNER, 0000 objection, it is so ordered. KAREN L. WEIS, 0000 To be general The concurrent resolution (H. Con. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Res. 190) was agreed to. LT. GEN. CLAUDE R. KEHLER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: f IN THE ARMY To be colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ORDERS FOR THURSDAY, JULY 26, IN THE UNITED STATES ARMY TO THE GRADE INDICATED KEVIN C. BLAKLEY, 0000 2007 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ROBERT V. BOWERSOX, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MARK E. BUTLER, 0000 Mrs. MURRAY. Mr. President, I ask STEVEN C. CABERTO, 0000 To be lieutenant general ROBERT J. CAMPBELL, 0000 unanimous consent that when the Sen- JOHN L. CHITWOOD, 0000 MAJ. GEN. KENNETH W. HUNZEKER, 0000 ate completes its business today, it SCOTT E. CORCORAN, 0000 stand adjourned until 9:30 a.m., Thurs- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DALE A. FERGUSON, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED LAWRENCE K. HARRINGTON, 0000 day, July 26; that on Thursday, fol- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DONALD C. HICKMAN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: SCOTT R. MARRS, 0000 lowing the prayer and pledge, the Jour- PARKER P. PLANTE, 0000 nal of proceedings be approved to date, To be lieutenant general BRYAN E. RAMSTACK, 0000 MARTHA A. STOKES, 0000 LT. GEN. R. STEVEN WHITCOMB, 0000 the morning hour be deemed expired FRED P. STONE, 0000 and the time for the two leaders be re- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TERRY L. STOTLER, 0000 served for their use later in the day; IN THE UNITED STATES ARMY TO THE GRADE INDICATED ROBERT A. TETLA, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT that there then be a period of morning RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TO THE GRADE INDICATED IN THE UNITED STATES AIR business for 60 minutes, with Senators To be lieutenant general FORCE UNDER TITLE 10, U.S.C., SECTION 624: permitted to speak therein for up to 10 LT. GEN. JAMES D. THURMAN, 0000 To be colonel minutes, with the time equally divided THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT K. ABERNATHY, 0000 and controlled between the two leaders IN THE UNITED STATES ARMY TO THE GRADE INDICATED DONALD R. ADAMS, JR., 0000 or their designees, with the majority WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DAVID J. ALCORN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PATRICK R. ALLEN, 0000 controlling the first half and the Re- RANDY S. ALLEN, 0000 To be lieutenant general KENNETH ALLISON, 0000 publicans controlling the final portion; JAMES L. ANDERSEN, 0000 that at the close of morning business, GEN. JAMES J. LOVELACE, 0000 DAVID M. ANDERSON, 0000 the Senate resume consideration of THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DEAN J. ANDERSON, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED DOUGLAS P. ANDERSON, 0000 H.R. 2638. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KEVIN J. ANDERSON, 0000 The PRESIDING OFFICER. Without RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JOHN L. ARMANTROUT, 0000 ROBERT G. ARMFIELD, 0000 objection, it is so ordered. To be lieutenant general MERRILL F. ARMSTRONG, 0000 ROBERT T. ATKINS, 0000 f MAJ. GEN. CARTER F. HAM, 0000 KORVIN D. AUCH, 0000 ADJOURNMENT UNTIL 9:30 A.M. THE FOLLOWING ARMY NATIONAL GUARD OF THE LAWRENCE M. AVERBECK, 0000 UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- FREDERICK C. BACON, 0000 TOMORROW SERVE OF THE ARMY TO THE GRADE INDICATED UNDER THOMAS M. BAILEY, 0000 TITLE 10, U.S.C., SECTION 12203: RONALD B. BALDINGER, 0000 Mrs. MURRAY. If there is no further DIETER E. BAREIHS, 0000 To be brigadier general CHRIS BARGERY, 0000 business today, I ask unanimous con- CASSIE B. BARLOW, 0000 sent that the Senate stand adjourned COL. LAWRENCE A. HASKINS, 0000 EDWARD C. BARON, 0000 IN THE NAVY RICHARD C. BARTON, 0000 under the previous order. CHARLES L. BEAMES, 0000 There being no objection, the Senate, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARTHUR F. BEAUCHAMP, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED JAMES J. BEISSNER, 0000 at 8:11 p.m., adjourned until Thursday, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ANDREW E. BELKO II, 0000 July 26, 2007, at 9:30 a.m. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: FRANK K. BENJAMIN, 0000 JOHN R. BERNIER, 0000 f To be vice admiral HARRY A. BERRY, 0000 REAR ADM. RICHARD K. GALLAGHER, 0000 GEORGE W. BIRSIC IV, 0000 NOMINATIONS SCOTT C. BISHOP, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SCOTT C. BLUM, 0000 Executive nominations received by IN THE UNITED STATES NAVY TO THE GRADE INDICATED ERIC A. BOE, 0000 the Senate July 25, 2007: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SCOTT C. BOWEN, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: VICTORIA L. BOWENS, 0000 DEPARTMENT OF STATE To be vice admiral LARRY D. BOWERS, 0000 HARRY K. THOMAS, JR., OF NEW YORK, A CAREER MEM- MARTIN C. BRAUN, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- REAR ADM. ROBERT T. MOELLER, 0000 WILLIAM S. BREI, 0000 ISTER-COUNSELOR, TO BE DIRECTOR GENERAL OF THE GORDON D. BRIDGER, 0000 FOREIGN SERVICE, VICE GEORGE MCDADE STAPLES. IN THE AIR FORCE KAREN M. BRIDGES, 0000 KIM R. BROOKS, 0000 JAMES D. MCGEE, OF FLORIDA, A CAREER MEMBER OF THE FOLLOWING NAMED OFFICER FOR REGULAR AP- THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- TODD A. BROOKS, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED DAVID W. BROWN, 0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA EUGENE A. BROWN, JR., 0000 TO THE REPUBLIC OF ZIMBABWE. To be major KELLEY A. BROWN, 0000 VINCENT OBSITNIK, OF VIRGINIA, TO BE AMBASSADOR ROGER A. BROWN, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE DAMION T. GOTTLIEB, 0000 STANLEY L. BROWN, 0000 KENRYU M. BRYSON, 0000 UNITED STATES OF AMERICA TO THE REPUBLIC OF SLO- THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- VENIA. DAVID T. BUCKMAN, 0000 MENT IN THE GRADE INDICATED IN THE REGULAR AIR JOHN T. BUDD, 0000 IN THE COAST GUARD FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): WILLIAM E. BURTON, JR., 0000 To be lieutenant colonel TIMOTHY E. BUSH, 0000 THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- SCOTT R. CALISTI, 0000 MENT AS A PERMANENT COMMISSIONED REGULAR OFFI- FRANCIS E. LOWE, 0000 MARK D. CAMERER, 0000 CER IN THE UNITED STATES COAST GUARD IN THE CRAIG P. CAMPBELL, 0000 GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT C. CAMPBELL, JR., 0000 To be lieutenant TO THE GRADE INDICATED IN THE UNITED STATES AIR WAYNE A. CANIPE, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: DOUGLAS C. CATO, JR., 0000 KRISTINE B. NEELEY, 0000 To be colonel THOMAS J. CHIAVACCI, 0000 IN THE AIR FORCE CATHERINE M. CHIN, 0000 LISTA M. BENSON, 0000 GREGORY M. CHRIST, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ALLISON W. BOWDEN, 0000 STEVEN E. CLAPP, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MARLA D. BUCKLES, 0000 AARON J. CLARK, 0000

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BYRON K. CLAY, 0000 AMY A. HAMMOND, 0000 GLENN D. MARTIN, 0000 PATRICK G. CLEMENTS, 0000 WILLIAM E. HAMPTON, 0000 GREGORY S. MARZOLF, 0000 SARAH B. CLIATT, 0000 ERIK W. HANSEN, 0000 KEVIN P. MASTIN, 0000 ALFORD C. COCKFIELD, 0000 BRUCE E. HARDY, 0000 RUSSELL F. MATHERS, 0000 RICHARD A. COE, 0000 JOHN N. HARRIS, 0000 STEPHEN M. MATSON, 0000 CHRISTOPHER A. COFFELT, 0000 HARRY M. HARRISON, 0000 KYLE H. MATYI, 0000 LAVANSON C. COFFEY III, 0000 SHAWN D. HARRISON, 0000 CHARLES C. MAU, 0000 DAVID M. COHEN, 0000 KEVEN E. HARSHBARGER, 0000 SIDNEY F. MAYEUX, 0000 ROBERT H. COLE, 0000 SCOTT A. HARTFORD, 0000 ROBERT S. MCALLUM, 0000 EDWARD S. CONANT, 0000 JAMES P. HARVEY, 0000 KEITH D. MCBRIDE, 0000 LYNN F. CONNETT, 0000 DAVID C. HATHAWAY, 0000 TERRANCE J. MCCAFFREY II, 0000 STANLEY K. CONTRADES, 0000 DANIEL J. HAUSAUER, 0000 MICHAEL J. MCCARTHY, 0000 SEBASTIAN M. CONVERTINO, 0000 MICHAEL D. HAYS, 0000 THOMAS D. MCCARTHY, 0000 CHRISTOPHER D. COOK, 0000 RICHARD J. HAZDRA, 0000 GARY L. MCCOLLUM, 0000 DEANNA L. COOPER, 0000 GLENN H. HECHT, 0000 RICHARD D. MCCOMB, 0000 CRAIG R. COREY, 0000 SCOT T. HECKMAN, 0000 BRADLEY K. MCCOY, 0000 SHANE P. COURVILLE, 0000 BRUCE T. HELLEN, 0000 DENNIS P. MCDEVITT, JR., 0000 DOUGLAS A. COX, 0000 CHARLES HELWIG III, 0000 JOHN F. MCDEVITT, JR., 0000 DUANE T. CREAMER, 0000 GARY W. HENDERSON, 0000 JENNY A. MCGEE, 0000 BRIAN J. CREELMAN, 0000 MASAO HENDRIX, 0000 KEVIN P. MCGLAUGHLIN, 0000 DAVID J. CROW, 0000 MICHAEL D. HENNESSY, 0000 JAMES K. MCKENZIE, 0000 RUSSELL N. CUTTING, 0000 THOMAS A. HENWOOD, 0000 PATRICK T. MCKENZIE, 0000 CHARLES H. CYNAMON, 0000 MARK A. HERING, 0000 FLOYD A. MCKINNEY, 0000 MARK G. CZELUSTA, 0000 SEAN R. HERR, 0000 MICHAEL T. MCLAUGHLIN, 0000 DANNY P. DAGHER, 0000 MARTIN R. HERTZ, 0000 BENJAMIN S. MCMULLEN, 0000 ROBERT J. DAGUE, 0000 JOSEPH C. HICKOX, 0000 MARY E. MCRAE, 0000 PAUL S. DALY, JR., 0000 NATHAN E. HILL, 0000 ROBERT K. MENDENHALL, 0000 MARK T. DAMIANO, 0000 PAMELA M. HILL, 0000 GEORGE T. MENKER, JR., 0000 DANIEL A. DANT, 0000 FRANKLIN J. HINSON, JR., 0000 RODNEY C. MERANDA, 0000 RANDY J. DAVIS, 0000 STEVEN T. HISS, 0000 SCOTT C. MERRELL, 0000 STEPHEN L. DAVIS, 0000 ROBERT J. HOCK, 0000 ROBERT E. MIGLIONICO, 0000 JAMES C. DAWKINS, JR., 0000 PETER D. HOFELICH, 0000 BARRY G. MILLER, 0000 ALLAN E. DAY, 0000 ROBERT S. HOLBA, 0000 COLIN R. MILLER, 0000 PATRICK K. DEAN, 0000 ERIC J. HOLDAWAY, 0000 DANIEL R. MILLER, 0000 DAVID S. DEARY, 0000 PATRICK R. HOLLRAH, 0000 DOUGLAS R. MILLER, 0000 JON CHASE DECLERCK, 0000 PHILLIP W. HOOVER, 0000 JOHN G. MILLER, 0000 CARL T. DEKEMPER, 0000 GERALD L. HOUNCHELL, 0000 MICHAEL J. MILLER, 0000 DAVID F. DEMARTINO, 0000 PETER W. HUGGINS, 0000 TIMOTHY M. MILLER, 0000 DAVID R. DENNING, 0000 JOHNATHAN B. HUGHES, 0000 VINCENT B. MILLER, 0000 DEBORAH A. DETERMAN, 0000 MICHAEL P. HUGHES, 0000 M. J. MITCHELL, 0000 VICTOR J. DIAZ, JR., 0000 JOSEPH A. HUNTINGTON, 0000 MARIAMNE R. MITCHELL, 0000 DONALD A. DICKERSON, 0000 ROBERT E. HUTCHENS, 0000 ROBERT E. MITCHELL, 0000 BERNARD DODSON, JR., 0000 ANDREW D. INGRAM, 0000 PETER H. MIYARES, 0000 DAVID M. DOE, 0000 PAUL E. IRWIN, JR., 0000 DAVID B. MOBLEY, 0000 PATRICK J. DOHERTY, 0000 GORDON D. ISSLER, 0000 ANDREW J. MOLNAR, 0000 PETER A. DONNELLY, 0000 JAMES A. JACOBSON, 0000 ROBERT E. MONROE, 0000 TIMOTHY S. DONOHUE, 0000 DOUGLAS E. JAMES, 0000 POLLYANNA P. MONTGOMERY, 0000 CHARLES A. DOUGLASS, 0000 JAMES D. JEFFERS, 0000 MICHAEL S. MOORE, 0000 BERT L. DREHER, 0000 MARILYN H. JENKINS, 0000 DAVID A. MORGAN, 0000 JOHN A. DUCHARME, JR., 0000 JIM E. JENNINGS, 0000 JEFFREY W. MORGAN, 0000 DAWN M. DUNLOP, 0000 CAROL A. JOHNSON, 0000 ROBERT A. MORIARTY, 0000 LARRY J. DUVALL, 0000 JERRY L. JOHNSON, 0000 BRETT E. MORRIS, 0000 KENNETH L. ECHTERNACHT, JR., 0000 KARLTON D. JOHNSON, 0000 SHAUN Q. MORRIS, 0000 TRENT H. EDWARDS, 0000 STEVEN B. JOHNSON, 0000 TIMOTHY R. MORRIS, 0000 REGAN W. ELDER, 0000 NICHOLAS G. JOHNSTON, 0000 RANDY J. MOSER, 0000 WILLIAM G. ELDRIDGE, 0000 DAVID E. JONES, 0000 ROBERT A. MULHERAN, 0000 LAURENCE E. ELLIS, 0000 HOWARD G. JONES III, 0000 KENNETH B. MULLIGAN, 0000 ALBERT M. ELTON II, 0000 KEITH R. JONES, 0000 ANTHONY J. MURCH, 0000 CHARLES D. ENGEL, 0000 SOREN K. JONES, 0000 RICKY R. MURPHY, 0000 SAMUEL H. EPPERSON, JR., 0000 BRIAN T. JORDAN, 0000 THOMAS E. MURPHY, 0000 JASON G. EVGENIDES, 0000 BARBARA J. JORGENSEN, 0000 JOHN D. NEWBERRY, 0000 FREDERICK L. FAHLBUSCH, 0000 THOMAS C. JOYCE, 0000 TIMOTHY P. NICKERSON, 0000 GEORGE R. FARFOUR, 0000 DAVID J. JULAZADEH, 0000 JOHN S. OATES, 0000 MICHAEL R. FARRAR, 0000 DIMASALANG F. JUNIO, 0000 TRACY A. OGRADYWALSH, 0000 TAMMY E. FARROW, 0000 PATRICK KANE, 0000 STEVEN G. OLIVE, 0000 VINCENT J. FECK, 0000 DAVID A. KASBERG, 0000 CHARLES E. OSTEEN, 0000 MICHAEL C. FERGUSON, 0000 ROBERT H. KAUFMAN, 0000 PATRICK J. OWENS, 0000 TIMOTHY D. FERGUSON, 0000 MATTHEW L. KELL, 0000 HENRY P. PANDES, 0000 ERIC T. FICK, 0000 STEVEN D. KEPHART, 0000 KEITH J. PANNABECKER, 0000 TOD R. FINGAL, 0000 JOHN A. KIMBALL III, 0000 MARK W. PAPEN, 0000 JAMES D. FISHER, 0000 STEVEN A. KIMBALL, 0000 GUY E. PARKER, 0000 JOHN A. FISHER, 0000 JEFFREY D. KINDLEY, 0000 GEOFFREY S. PARKHURST, 0000 MICHAEL F. FLECK, 0000 CHRISTOPHER J. KINNAN, 0000 CHARLES W. PATNAUDE, 0000 MATTHEW W. FLOOD, 0000 JAMES A. KIRK, JR., 0000 JOHN T. PATRICOLA, 0000 PATRICK F. FOGARTY, 0000 BRETT W. KNAUB, 0000 CHRIS B. PATTERSON, 0000 TIMOTHY A. FORSYTHE, 0000 CRAIG J. KNIERIM, 0000 JOHN W. PEARSE, 0000 HARRY A. FOSTER, 0000 KATHRYN L. KOLBE, 0000 DAVID R. PEDERSEN, 0000 MICHAEL R. FRANKEL, 0000 MUSTAFA R. KOPRUCU, 0000 LEE J. PERA, 0000 JEFFREY E. FRANKHOUSER, 0000 EDWARD J. KOSLOW, 0000 LEEANN PERKINS, 0000 TODD M. FREECE, 0000 JOHN C. KRESS, 0000 MONTY R. PERRY, 0000 SEAN M. FRISBEE, 0000 DAVID A. KRUMM, 0000 MICHAEL E. PETERSON, 0000 GARY GAGLIARDI, 0000 JEFFREY A. KRUSE, 0000 TRENT A. PICKERING, 0000 JOSEPH M. GAINES, 0000 MICHAEL J. KUCHTA, 0000 ERIC J. PIERCE, 0000 VON A. GARDINER, 0000 GARRY L. KUHN, 0000 GEORGE M. PIERCE II, 0000 LAWRENCE M. GATTI, 0000 CHRISTOPHER J. KULAS, 0000 TODD M. PIERGROSSI, 0000 FRED W. GAUDLIP, 0000 RUSSELL D. KURTZ, 0000 BRIAN C. PIERSON, 0000 AMANDO E. GAVINO, JR., 0000 MICHAEL L. LAKOS, 0000 CHRISTOPHER A. PIKE, 0000 JAMES R. GEAR, 0000 DOUGLAS K. LAMBERTH, 0000 WILLIAM B. PILCHER, JR., 0000 MARTIN R. GEARHART, 0000 MARK G. LANGENDERFER, 0000 JOSEPH M. PINCKNEY, JR., 0000 CHRISTOPHER R. GENTRY, 0000 BILLY R. LANGFORD, 0000 LEE T. PITTMAN, 0000 DAVID MARTIN GIACHETTI, 0000 KELLY J. LARSON, 0000 SCOTT L. PLEUS, 0000 DAVID L. GILLESPIE, 0000 JON A. LARVICK, 0000 WILLIAM S. PORTER, JR., 0000 THOMAS L. GLARDON, 0000 STEVEN G. LAVOYE, 0000 THOMAS J. PORTERFIELD, 0000 JOHN A. GLAZE, 0000 STEVEN B. LAWLOR, 0000 STEVEN W. POWELL, 0000 KEVIN A. GORDEY, 0000 KIRK A. LEAR, 0000 PHILLIP R. J. PRATZNER, 0000 DANIEL B. GORDON, 0000 PETER A. LEE, 0000 RONALD R. PRINCE, 0000 TODD W. GOSSETT, 0000 CEDRIC E. LEIGHTON, 0000 MARK D. PRUITT, 0000 GARY J. GOTTSCHALL, 0000 BARRY P. LEISTER, 0000 DAVID C. PTAK, 0000 DAVID C. GOULD II, 0000 SCOTT P. LEMAY, 0000 ALDON E. PURDHAM, JR., 0000 BRADLEY K. GRAMBO, 0000 ROBERT M. LETOURNEAU, 0000 GEORGE C. RAMEY, 0000 STEVEN G. GRAY, 0000 WILLIAM K. LEWIS, 0000 KIMBERLEY A. RAMOS, 0000 MICHAEL R. GREGG, 0000 DENNIS W. LISHERNESS, 0000 GLENN R. RATTELL, 0000 FREDERICK D. GREGORY, JR., 0000 STEPHEN W. LISKA, 0000 JAMES J. RAVELLA, 0000 GORDON C. GRIFFIN, 0000 DONALD C. LOCKE, JR., 0000 DAVID A. REARICK, 0000 JAMES L. GRIFFITH, 0000 PHIL LOCKLEAR, 0000 MICHAEL D. REED, 0000 LUKE G. GROSSMAN, 0000 SCOTT C. LONG, 0000 VICTORIA H. REED, 0000 ROBERTO I. GUERRERO, 0000 PATRICK A. LOPARDI, 0000 WILLIAM A. REESE, 0000 GREGORY M. GUILLOT, 0000 THOMAS J. LOWRY, 0000 JAMES A. REGENOR, 0000 DAVID A. HAASE, 0000 JAMES L. MACFARLANE, 0000 JAMES R. REITZEL, 0000 WILLIAM D. HACK, 0000 MICHAEL E. MADISON, 0000 LENNY J. RICHOUX, 0000 TODD C. HACKETT, 0000 JAMES A. MAESTAS, 0000 HEINRICH K. RIEPING, JR., 0000 DAVID E. HAFER, JR., 0000 DAVID H. MAHARREY, JR., 0000 EDWARD M. RIVERA, 0000 SCOTT A. HAINES, 0000 DEIRDRE A. MAHON, 0000 KEVIN J. ROBBINS, 0000 ZOE M. HALE, 0000 DENNIS J. MALFER, JR., 0000 JULIE M. ROBEL, 0000 WESLEY P. HALLMAN, 0000 CHRISTOPHER S. MARDIS, 0000 KYLE W. ROBINSON, 0000 PATRICK J. HALLORAN, 0000 KURT M. MARISA, 0000 STEVEN M. ROBINSON, 0000 BRADLEY K. HAMMER, 0000 PETER A. MARKLE, 0000 LAWRENCE O. ROCHE, 0000

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RICKEY S. RODGERS, 0000 JAMES J. WESSLUND, 0000 MICHELLE D. MARTINEAU, 0000 ERNEST H. RODRIGUEZ, 0000 EVIN R. WESTEREN, 0000 ANTOINETTE M. MCNEARY, 0000 VICTOR M. RODRIGUEZ, 0000 ROGER H. WESTERMEYER, 0000 PATRICE H. MORRISON, 0000 DONNA M. ROGERS, 0000 BENJAMIN WHAM II, 0000 JACQUELINE A. MUDD, 0000 MARILYN R. ROGERS, 0000 MARK S. WHINNERY, 0000 JILL J. OREAR, 0000 JOHN R. ROMERO, 0000 ROBERT E. WICKS, JR., 0000 PATRICIA F. PARK, 0000 LUIS E. ROSABERRIOS, 0000 ALAN J. WIEDER, 0000 SUSAN M. PERRY, 0000 PAT A. ROSE, JR., 0000 DAVID P. WIEGAND, 0000 MARCIA A. POTTER, 0000 LEE W. ROSEN, 0000 ALBERT C. WILLIAMS II, 0000 JERE M. POUND IV, 0000 JAMES P. ROSS, 0000 JOHN D. WILLIAMS, 0000 MELANIE A. PRINCE, 0000 WILLIAM G. ROUTT, 0000 TRAVIS A. WILLIS, JR., 0000 IRIS A. REEDOM, 0000 TOMISLAV Z. RUBY, 0000 CRAIG D. WILLS, 0000 TERRI A. RENSCH, 0000 WILLIAM Y. RUPP, 0000 KURT DANIEL WILSON, 0000 ALESIA D. RICKS, 0000 JOHN T. RUSSELL, 0000 RUSSELL A. WILSON, 0000 ANNA M. RIGHERO, 0000 ROBERT L. RUSSELL, JR., 0000 CURTIS M. WINSTEAD, 0000 CHRISTLE A. ROBINSON, 0000 JAMES P. RYAN, 0000 ROGER J. WITEK, 0000 JOANNE R. RUGGERI, 0000 MELVIN D. SACHS, 0000 RANDY L. WITHAM, 0000 JEANNINE M. RYDER, 0000 RICHARD P. SAMUELS, 0000 MARSHALL S. WOODSON, 0000 SHARON T. SCOTT, 0000 JOSE A. SANCHEZ, 0000 LARRY D. WORLEY, JR., 0000 DAVID J. STAMPS, 0000 WALTER R. SCHENBERGER, JR., 0000 CHRISTOPHER P. WRIGHT, 0000 CHRISTINE S. TAYLOR, 0000 JOSEPH H. SCHERRER, 0000 GEORGE A. ZANIEWSKI, 0000 SHEILA M. THORNTON, 0000 PAUL F. SCHULTZ, 0000 ANTHONY J. ZUCCO, 0000 KIRK A. TRESCH, 0000 JIMMIE D. SCHUMAN, JR., 0000 JULIE P. TSEHWILLCOCKSON, 0000 GREGORY J. SCHWARTZ, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR STEVEN F. ULSAS, 0000 RICHARD P. SCHWING, 0000 VIVENE E. WALTERS, 0000 TODD J. SCOTT, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: KATHRYN W. WEISS, 0000 SCOTT D. SEAVERS, 0000 To be lieutenant colonel KENNETH R. WESTENKIRCHNER, 0000 JEFFREY D. SEINWILL, 0000 MONICA L. WHEATON, 0000 GREGORY S. SELLERS, 0000 LAURA E. BARNES, 0000 CHRISTOPHER C. SHARPE, 0000 SARAHANN BEAL, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETRA L. SHARRETT, 0000 RICHARD J. BERT, JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JOHN E. SHAW, 0000 DANIEL J. BESSMER, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: CHARLES B. SHERWIN, JR., 0000 LAWRENCE A. CALABRO, 0000 KEITH B. SHOATES, 0000 JOSEPH COSTANTINO, 0000 To be lieutenant colonel TIMOTHY D. SKINNER, 0000 GERALD F. HESKO, 0000 MARY ANN BEHAN, 0000 ANDREW T. SLAWSON, 0000 BARRY O. HILL, 0000 DAVID M. BERTHE, 0000 DIRK D. SMITH, 0000 SCOTT B. HOLLIDAY, 0000 STEVEN E. BODILY, JR., 0000 GREGORY C. SMITH, 0000 MELISSA R. HOWARD, 0000 CHRISTOPHER J. CANALES, 0000 JEFFREY J. SMITH, 0000 BRENT A. JOHNSON, 0000 GEORGE G. CARTER, 0000 MARVIN W. SMITH, JR., 0000 ROSALIND D. JONES, 0000 PAUL N. CONNER, 0000 MICHAEL S. SMITH, 0000 SCOTT J. KREBS, 0000 CARRIE D. COOPER, 0000 MICHAEL V. SMITH, 0000 MICHAEL LEE, 0000 GREGORY S. CULLISON, 0000 SHANE RAY SMITH, 0000 KERRY L. LEWIS, 0000 MICHAEL D. CUPITO, 0000 MICHAEL C. SNEEDER, 0000 MICHAEL P. LUNDY, 0000 CHRISTOPHER A. DUN, 0000 JEFFERY S. SNELL, 0000 STEPHANIE D. MCCORMACKBROWN, 0000 TIMOTHY A. DYKENS, 0000 DANIEL R. SNY, 0000 SCOTT M. MCKIM, 0000 MONTSERRAT P. EDIEKORLESKI, 0000 THOMAS J. SNYDER, 0000 DUANE L. MEIGHAN, 0000 LEAH JANE ERWIN, 0000 DWIGHT C. SONES, 0000 SCOTT A. NEMMERS, 0000 ALFRED K. FLOWERS, JR., 0000 DAVID A. SOUTHERLAND, 0000 JODY C. NOE, 0000 BRIAN T. GOUVEIA, 0000 JOEL S. SPEIGHT, 0000 STEPHEN E. NOVAK, 0000 LINDA M. GUERRERO, 0000 CHARLES F. SPENCER, JR., 0000 ROBERT A. NYQUIST, 0000 ROBERT A. HARRIS, 0000 LESLEY D. SPRAKER, 0000 CARLENE M. PERRY, 0000 SALLY ANN KELLYRANK, 0000 CLIFFORD B. STANSELL, 0000 JAMES R. POEL, 0000 STEPHEN D. LARSEN, 0000 SHERRY L. STEARNSBOLES, 0000 KYLE R. REINHARDT, 0000 RODNEY J. LASTER, 0000 ROBERT L. STEPHENSON, 0000 JEAN P. RUDDELL, 0000 CAMILLE R. LOONEY, 0000 WILLIAM B. STEVENSON IV, 0000 LIBBY S. SCHINDLER, 0000 JOHN J. MAMMANO, 0000 DAVID T. STEWART, 0000 RAYMOND M. SIRAK, 0000 ANTHONY M. MARICI, 0000 MICHAEL J. STINSON, 0000 BECKY S. SOBEL, 0000 TIMOTHY L. MARTINEZ, 0000 RICHARD C. STOCKTON, 0000 MARK A. STAAL, 0000 RONALD J. MERCHANT, 0000 CRISTINA M. STONE, 0000 CHRISTOPHER B. STANLEY, 0000 TIMOTHY T. MIDDLETON, 0000 ANTHONY STRICKLAND, 0000 DAVID W. STREETER, 0000 JON T. MOHATT, 0000 RICKY D. STRICKLAND, 0000 LARRY G. TAYLOR, 0000 JAMES B. MOTT, 0000 DANA E. STRUCKMAN, 0000 KEVIN W. TILLER, 0000 GREGORY W. PAPKE, 0000 JOSEPH A. SUBLOUSKY, 0000 SANDRA L. TODD, 0000 WAYNE S. PETERS, 0000 THOMAS A. SUMMERS, 0000 RYAN L. TRAVER, 0000 MICHELLE A. PUFALL, 0000 DAVID E. SWANSON, 0000 JAY A. VIETAS, 0000 SCOTT C. SUCKOW, 0000 JEFFREY R. SWEGEL, 0000 JOHN M. WAITE, 0000 MICHAEL A. TAYLOR, 0000 GLENN B. SWIFT, 0000 CAROL C. WALTERS, 0000 SAMUEL C. WASHINGTON, 0000 WILLIAM M. TART, 0000 KEVIN L. WRIGHT, 0000 JEFFREY J. WHITE, 0000 KENNETH R. TATUM, JR., 0000 PAUL A. WILLINGHAM, 0000 DOUGLAS J. TAYLOR, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN B. TAYLOR, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR IN THE ARMY RUSSELL E. TAYLOR, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM J. TAYLOR, 0000 To be lieutenant colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL L. THERIANOS, JR., 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY JAMES P. THOMAS, 0000 DANA M. ADAMS, 0000 AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND BILLY D. THOMPSON, 0000 JENNIFER M. AGULTO, 0000 3064: RONALD E. THOMPSON, JR., 0000 MARY J. ANTE, 0000 To be major WILLIAM A. THOMPSON, 0000 SYLVIA BALLEZGRIFFIN, 0000 DAVID A. THOMSON, 0000 LORRAINE R. BARTON, 0000 DAWUD A. AGBERE, 0000 ERIC M. THOMTON, 0000 MICHELE A. BAXTER, 0000 CHARLES F. BARNA, 0000 PAUL W. TIBBETS IV, 0000 PAMELA K. BEMENT, 0000 DAVID A. BOTTOMS, 0000 JOHN C. TOBIN, 0000 KIRSTEN A. BENFORD, 0000 RANDALL E. BOWEN, 0000 WADE G. TOLLIVER, 0000 JULIE M. BOSCH, 0000 JEFFREY L. BROOKS, 0000 JODINE K. TOOKE, 0000 DAVID A. BRADFIELD, 0000 CHARLES M. BURGESS, 0000 THOMAS J. TOOMER, 0000 PATRICIA N. BRADSHAW, 0000 DONALD S. CARROTHERS, 0000 EDWARD M. TOPPS, 0000 MARY T. CARLISLE, 0000 HERMAN B. CHEATHAM, 0000 ROBERT J. TORICK, JR., 0000 MAUREEN A. CHARLES, 0000 DARREN K. COLEMAN, 0000 JOSE L. TORRES, JR., 0000 DOUGLAS J. CHEEK, 0000 EDDIE W. COOK, 0000 ANDREW J. TOTH, 0000 ELIZABETH J. CODDINGTON, 0000 LANE J. CREAMER, 0000 ROBERT P. TOTH, 0000 SUSAN C. DAVIS, 0000 LAWRENCE M. DABECK, 0000 WILLIAM S. TULLY, JR., 0000 ELIZABETH A. DECKER, 0000 CHRISTOPHER F. EDWARDS, 0000 KIP B. TURAIN, 0000 DEBORAH J. DILLARD, 0000 PAUL A. FOREMAN, 0000 LUTHER S. TURNER III, 0000 ADRIANA EDEN, 0000 MATTHEW L. GIBSON, 0000 SCOTT M. TURNER, 0000 DEONA J. EICKHOFF, 0000 JIMMIE C. GREGORY, 0000 SHAUN B. TURNER, 0000 NATHALIE F. ELLIS, 0000 WARREN L. HAGGRAY, 0000 ROGER T. TYREE, 0000 KELLY JO FIELDS, 0000 CHARLES E. HAMLIN, 0000 JON H. ULLMANN, 0000 RAMONA L. FIELDS, 0000 GEORGE H. HAMMIL, 0000 KIMBERLY C. ULLMANN, 0000 AMY A. FORRESTER, 0000 INSOON G. HOAGLAND, 0000 FRANK L. VANHORN, 0000 LAURA J. FRAZER, 0000 DOUGLAS C. HOOVER, 0000 DONALD A. VANPATTEN, 0000 JOANN C. FRYE, 0000 JERRY B. HORNER, 0000 EDGAR M. VAUGHAN, 0000 BETH A. GOODWILL, 0000 ABDULLAH A. HULWE, 0000 MARK K. VIDMAR, 0000 CHERYL J. GREENTREE, 0000 MARK J. JACOBS, 0000 XAVIER C. VILLARREAL, 0000 DALE G. GREY, 0000 WILLIAM L. KELLER II, 0000 ROGER M. VINCENT, 0000 RITCHIE D. GRISSETT, 0000 TODD M. KEPLEY, 0000 JEFFERY ALLEN VINGER, 0000 MARIA GUEVARADEMATALOBOS, 0000 MOON H. KIM, 0000 MICHAEL D. VLK, 0000 JULIE C. HANSON, 0000 PHILIP A. KOCHENBURGER, 0000 ROGER L. WAGNER, 0000 ROBERT L. HARSHAW, 0000 KRZYSZTOF A. KOPEC, 0000 ANDREAS W. WALSH, 0000 DOUGLAS L. HOUSTON, 0000 KENNETH M. LEBON, 0000 BENJAMIN F. WARD, 0000 GWENDOLYN C. JOHNSON, 0000 JAMES B. LEE, 0000 TERRY WARD, 0000 LAURIE E. JOHNSON, 0000 SUN C. LEE, 0000 WILLIAM R. WARD, 0000 KRISTI A. KENNEDY, 0000 WILLIAM A. LOVELL, 0000 BENJAMIN C. WASH, 0000 ALINA KHALIFE, 0000 ROBERT E. MARSI, 0000 MARK E. WEATHERINGTON, 0000 PAULETTE E. KING, 0000 HENRY D. MCCAIN, 0000 JEFFREY R. WEED, 0000 VINCENT L. KIRKNER, 0000 SHAWN E. MCCAMMON, 0000 JAMES L. WERTZ, 0000 BRIAN T. KOONCE, 0000 ROBERT A. MILLER, 0000 HERBERT H. WESSELMAN, 0000 PETER R. LITTLE, 0000 STEVEN J. MOSER, 0000

VerDate Mar 15 2010 22:23 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00192 Fmt 0624 Sfmt 9801 E:\2007SENATE\S25JY7.REC S25JY7 mmaher on DSKCGSP4G1 with SOCIALSECURITY July 25, 2007 CONGRESSIONAL RECORD — SENATE S10049 LINDA D. NORLIEN, 0000 JESSE W. LEE, JR., 0000 To be commander EDWARD U. OHM, 0000 STEVEN NAGEL, 0000 PAUL G. PASSAMONTI, 0000 ENEIN Y. H. ABOUL, 0000 IBRAHEEM A. RAHEEM, 0000 To be lieutenant commander ALEJANDRO ALVARADO, 0000 DAVID A. SCHNARR, 0000 PAUL A. ANDRE, 0000 WILLIAM H. SCRITCHFIELD, 0000 STEPHEN W. BOWMAN, 0000 HOWARD A. AUPKE, JR., 0000 MUHAMMAD K. SHABAZZ, 0000 LORI J. CICCI, 0000 DANIEL J. BELISLE, 0000 JOHN R. SUTTON, JR., 0000 JEFFREY A. GILES, 0000 PATRICK J. BLAIR, 0000 DOUGLAS C. SWIFT, JR., 0000 DANIEL L. MODE, 0000 BARBARA A. COLEMAN, 0000 ROBERT R. THOMAS, 0000 CHRISTOPHER L. MORGAN, 0000 MICHAEL A. CORRIERE, 0000 FRED C. TOWNSEND, 0000 JOHN Q. QUARTEY, 0000 WILLIAM M. DENISTON, 0000 DAVID K. TROGDON, 0000 LAWRENCE A. RAMIREZ, 0000 GLENDON B. DIEHL, JR., 0000 SEGGERN A. VON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL J. DUSZYNSKI, 0000 ROBERT K. WALKER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY DUANE A. EGGERT, 0000 EDWARD J. YURUS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DAVID A. ELLENBECKER, 0000 GLENN J. GARGANO, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF CYNTHIA C. GRANBY, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO To be commander MATTHEW E. GRIMES, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY DOUGLAS P. BARBER, JR., 0000 THOMAS C. HERZIG, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: CHRISTOPHER J. CORVO, 0000 DANIEL J. HIGGINS, 0000 To be colonel DANIEL R. CROUCH, 0000 LEE D. HOEY, 0000 JOSEPH J. ELDRED, 0000 ERIC R. HOFFMAN, 0000 BLAKE C. ORTNER, 0000 DAMIAN D. FLATT, 0000 BRIAN E. HUTCHISON, 0000 ANDREW S. ZELLER, 0000 PETER D. GALINDEZ, 0000 SUSAN M. JAY, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF PATRICK J. GIBBONS, 0000 ANTONY R. JOSEPH, 0000 THE UNITED STATES OFFICERS FOR APPOINTMENT TO KEITH S. GIBEL, 0000 LISA K. KENNEMUR, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY COLLEEN M. GLASERALLEN, 0000 KRISTIN N. KLEMANN, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MARC F. GUARIN, 0000 CONRAD F. KRESS, 0000 GLENN R. HANCOCK, 0000 KAREN P. LEAHY, 0000 To be colonel JOHN A. HELTON, 0000 MICHAEL S. LELAND, 0000 MICHAEL C. HOLIFIELD, 0000 DENISE M. LEVELING, 0000 JULIE A. BENTZ, 0000 ELISABETH B. JONES, 0000 JAMIE M. LINDLY, 0000 THOMAS L. TURPIN, JR., 0000 DONALD C. KING, 0000 RALPH J. MARRO, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SALVATORE M. MAIDA, JR., 0000 JAMES L. MARTIN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE TREVOR A. RUSH, 0000 JAMES F. MCALLISTER, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: KELVIN M. STROBLE, 0000 THOMAS E. MCCOY, 0000 DOUGLAS R. VELVEL, 0000 BRENDAN T. MELODY, 0000 To be colonel THOMAS J. WELSH, 0000 WILLIAM T. MILES, 0000 PATRICIA A. MILLER, 0000 LARRY L. GUYTON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RANDY J. MIZE, 0000 PAUL C. MILLER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARSHALL R. MONTEVILLE, 0000 WILLIAM C. PROCTOR, 0000 UNDER TITLE 10, U.S.C., SECTION 624: LINDA V. G. WEAVER, 0000 GARY A. MORRIS, 0000 LINDA M. WILLIAMS, 0000 LEO J. MURPHY, 0000 To be commander SAMUEL T. OLAIYA, 0000 IN THE NAVY SUSAN D. CHACON, 0000 PAMELA A. OLOUGHLIN, 0000 JACQUELINE L. PIERRE, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- DANIEL M. EVES, 0000 BRUCE G. GREEN, 0000 ERIC G. POTTERAT, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED MICHAEL C. PREVOST, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: ISTVAN HARGITAI, 0000 THOMAS M. JACKS, 0000 JAMES D. QUEENER, 0000 To be captain STEVEN A. MATIS, 0000 EDWARD J. SULLIVAN, 0000 JACQUELINE R. PALAISA, 0000 ROHINI SURAJ, 0000 JOSE A. ACOSTA, 0000 ORVILLE J. STEIN, JR., 0000 BRIAN G. TOLBERT, 0000 GREGORY M. GULLAHORN, 0000 FRANCISCO X. VERAY, 0000 LEE A. VITATOE, 0000 DAVID J. HARRISON, 0000 SEUNG C. YANG, 0000 JUDITH M. WALKER, 0000 PHILLIP J. VARGAS, 0000 THOMAS C. WALTER, 0000 To be commander THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AARON D. WERBEL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BYRON C. WIGGINS, 0000 GREGORY P. GEISEN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: KIMBERLY A. ZUZELSKI, 0000

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