[Pages S1960-S1980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

[[Page S1960]]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. REID (for himself, Mr. Hatch, Mrs. Clinton, Ms. Murkowski,
Mr. Sanders, Ms. Snowe, Mr. Warner, Mr. Feingold, Mr. Biden,
Mr. Menendez, Mr. Reed, Mr. Leahy, and Mr. Lautenberg):
S. 579. A bill to amend the Public Health Service Act to authorize
the Director of the National Institute of Environmental Health Sciences
to make grants for the development and operation of research centers
regarding environmental factors that may be related to the etiology of
breast cancer; to the Committee on Health, Education, Labor, and
Pensions.
Mr. REID. Mr. President, I am pleased to be joined by Senators Hatch,
Clinton, Murkowski, Sanders, and Snowe in introducing the Breast Cancer
and Environmental Research Act of 2007. On behalf of the millions of
Americans who are affected by breast cancer, I urge all my Senate
colleagues to support this important bill.
Many of us are familiar with breast cancer's serious toll on the
Nation. Approximately 3 million women are living with the disease
today, including an estimated 1 million who have not yet been
diagnosed. Moreover, anyone's mother, daughter, wife, sister, or friend
is at risk. It is thought that breast cancer will strike one in eight
American women in her lifetime, with a new case diagnosed every 2
minutes. That means almost 275,000 new cases are expected to be
diagnosed annually, including over 1,600 in Nevada. More than 40,000
lives are lost to the disease every year.
Deanna Jensen, a lifelong Nevadan and tireless activist for breast
cancer research, was one of those lives. Sadly, Deanna passed away this
year after her own heroic battle against breast cancer. Although the
loss is most painfully felt by her loved ones, her legacy can be a
reminder to us all that there are real people and real stories behind
the impersonal statistics.
There are many more women across the country whose stories go
unrecognized. But they deserve more than recognition and appreciation.
They deserve answers to the same questions that many patients must
surely ask themselves: Why me? Why do I have breast cancer?
The search for those answers is the driving force behind the Breast
Cancer and Environmental Research Act. Unfortunately, we still do not
know what causes breast cancer, despite the remarkable progress
achieved so far. Scientists have identified some risk factors, but
those factors can explain fewer than 30 percent of cases. Because many
women, and men, have no family history or known genetic links to breast
cancer, it is generally believed that the environment plays a role in
the development of breast cancer. However, we still do not understand
the extent of that role.
We do know that environmental toxins could be partly responsible for
America's high breast cancer rate. Studies have explored the effect of
isolated environmental factors, such as diet, pesticides, and even
electromagnetic fields. In most cases, the results have been
inconclusive. Furthermore, there are many other factors that are
suspected to play a role that have yet to be studied.
What is needed is not just a boost in the research investment on the
role of the environment in the development of breast cancer, which has
been very limited so far. We also need a comprehensive, national
strategy to fully and effectively explore these issues. The Breast
Cancer and Environmental Research Act would address both needs, thereby
spurring on promising research. The resulting discoveries could be
crucial to improving our knowledge of this complex illness, which could
lead to new treatments and perhaps a cure one day.
Specifically, the Breast Cancer and Environmental Research Act will
authorize $40 million each year for five years to establish multi-
institutional, multi-disciplinary Breast Cancer and Environmental
Research Centers of Excellence. Each Center would include institutions
with different areas of expertise working together to tackle the same
problems from different angles, as well as collaborating with community
organizations in the area. Modeled after the tremendously successful
Breast Cancer Research Program at the Department of Defense, grants
would be awarded under a competitive, peer-reviewed process that
involves patient advocates.
Small studies sponsored by the National Institute of Environmental
Health Sciences are already underway to study the prenatal-to-adult
environmental exposures that may predispose a woman to breast cancer.
This is a promising step in the right direction, but it is only a down
payment on the task at hand. Moreover, the research strategy for these
grants does not follow the nationally-focused, collaborative, and
comprehensive model as outlined by the Breast Cancer and Environmental
Research Act. Now, more than ever, we need to see the Breast Cancer and
Environmental Research Act signed into law.
If we miss promising research opportunities because Congress has
failed to act, millions more and their families will face difficult
questions about breast cancer. Every day, many of these Americans, like
Deanna Jensen, rise to the challenge of fighting back against breast
cancer. I encourage Congress to heed the national call to action as
well.
In the 109th Congress, 66 of my Senate colleagues and 262 members of
the House of Representatives joined me in doing so. I hope that my
colleagues in the 110th Congress will support the Breast Cancer and
Environmental Research Act.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 579

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Breast Cancer and
Environmental Research Act of 2007''.

SEC. 2. NATIONAL INSTITUTES OF HEALTH; AWARDS FOR DEVELOPMENT
AND OPERATION OF RESEARCH CENTERS REGARDING
ENVIRONMENTAL FACTORS RELATED TO BREAST CANCER.

Part A of title IV of the Public Health Service Act (42
U.S.C. 281 et seq.) is amended by adding at the end the
following:

``SEC. 404H. RESEARCH CENTERS REGARDING ENVIRONMENTAL FACTORS
RELATED TO BREAST CANCER.

``(a) In General.--The Secretary, acting through the
Director of NIH, based on recommendations from the Breast
Cancer and Environmental Research Panel established under
subsection (b) (referred to in this section as the `Panel'),
shall make grants to public or nonprofit private entities for
the development and operation of collaborative, multi-
institutional centers for the purpose of conducting
multidisciplinary and multi-institutional research on
environmental factors that may be related to the etiology of
breast cancer. Each such center shall be known as a Breast
Cancer and Environmental Research Center of Excellence.
``(b) Breast Cancer and Environmental Research Panel.--
``(1) Establishment.--The Secretary shall establish within
the National Institutes of Health a Breast Cancer and
Environmental Research Panel.
``(2) Composition.--The Panel shall be composed of--
``(A) 9 members to be appointed by the Secretary, of
which--
``(i) six members shall be appointed from among physicians
and other health professionals, who--

``(I) are not officers or employees of the United States;
``(II) represent multiple disciplines, including clinical,
basic, and public health sciences;
``(III) represent different geographical regions of the
United States;
``(IV) are from practice settings, academia, or other
research settings; and
``(V) are experienced in peer review; and

``(ii) three members shall be appointed from the general
public who are representatives of individuals who have had
breast cancer and who represent a constituency; and
``(B) such nonvoting, ex officio members as the Secretary
determines to be appropriate.
``(3) Chairperson.--The members of the Panel appointed
under paragraph (2)(A) shall select a chairperson from among
such members.
``(4) Meetings.--The Panel shall meet at the call of the
chairperson or upon the request of the Director of NIH, but
in no case less often than once each year.
``(5) Duties.--The Panel shall--
``(A) develop a comprehensive strategy concerning
collaborative centers that would--
``(i) result in innovative approaches to study unexplored
or underexplored areas of the environment and breast cancer;
``(ii) outline key research questions, methodologies, and
knowledge gaps concerning environmental factors that may be
related to the etiology of breast cancer;
``(iii) outline key issues concerning environmental factors
that may be related to the etiology of breast cancer; and

[[Page S1961]]

``(iv) result in an overall strategy to address
environmental factors related to breast cancer;
``(B) make recommendations to the Secretary with respect to
the mechanisms, peer review criteria, and allocations under
this section;
``(C) assist in the overall program evaluation; and
``(D) make recommendations for the dissemination of
information on program process.
``(c) Collaboration With Community.--Each center under
subsection (a) shall include community organizations in the
geographic area served by the center, including those that
represent women with breast cancer, as integral collaborators
involved at all levels of the decision-making and research in
such center.
``(d) Coordination of Centers; Reports.--The Director of
NIH shall, as appropriate, provide for the coordination of
information among centers under subsection (a) and ensure
regular communication between such centers, and may require
the periodic preparation of reports on the activities of the
centers and the submission of the reports to the Director.
``(e) Required Consortium.--Each center under subsection
(a) shall be formed from a consortium of cooperating
institutions and community groups, meeting such requirements
as may be prescribed by the Director of NIH. Each center
shall require collaboration among highly accomplished
scientists, other health professionals and advocates of
diverse backgrounds from various areas of expertise.
``(f) Duration of Support.--Support of a center under
subsection (a) may be for a period not exceeding 5 years.
Such period may be extended for one or more additional
periods not exceeding 5 years if the operations of such
center have been reviewed by an appropriate technical and
scientific peer review group established by the Director of
NIH and if such group has recommended to the Director that
such period be extended.
``(g) Geographic Distribution of Centers.--The Director of
NIH shall, to the extent practicable, provide for an
equitable geographical distribution of centers under this
section.
``(h) Authorization of Appropriations.--For the purpose of
carrying out this section, there is authorized to be
appropriated $40,000,000 for each of the fiscal years 2008
through 2012. Such authorization is in addition to any other
authorization of appropriations that is available for such
purpose.''.

Mr. HATCH. Mr. President, I am pleased to introduce today along with
my colleagues, Senators Harry Reid, John Warner, Hillary Clinton,
Olympia Snowe, Lisa Murkowski, and Bernie Sanders, the Breast Cancer
and Environmental Research Act of 2007.
The American Cancer Society estimates that a woman in the United
States has a one in eight chance of developing invasive breast cancer
during her lifetime. This risk was about 1 in 11 in 1975. All women are
at risk for breast cancer. About 90 percent of women who develop breast
cancer do not have a family history of the disease. The most recent
available statistics show that 40 percent of all women diagnosed with
invasive breast cancer died from the disease within 20 years. These are
frightening statistics.
Furthermore, the disease is not limited by gender--in 2007,
approximately 1,750 new cases of invasive breast cancer will be
diagnosed among men in the United States. In my home State of Utah, as
indicated by the Utah Cancer Registry, breast cancer has the highest
incidence rate of the ten leading cancer types. This disease has an
impact on nearly every American's life.
Breast cancer death rates have been dropping steadily since 1991;
however, challenges still remain. The bottom line is that we still do
not know what causes this disease, or how to prevent it. Although
scientists have discovered some risk factors for breast cancer, the
known risk factors account for only a small percentage about 30
percent--of breast cancer cases. There are no proven interventions to
prevent breast cancer and there is no cure.
There is general belief within the scientific community that the
environment plays a role in the development of breast cancer, but the
extent of that role has been less-examined. Research has investigated
the effect of isolated environmental factors such as diet, pesticides,
and electromagnetic fields; but, in most cases, there has been no
conclusive evidence. Some scientists hypothesize that certain subgroups
of women have genetic variants that may make them more susceptible to
adverse environmental exposures.
In addition, a large study of twins demonstrated that the majority of
breast cancers cannot be explained by inherited factors. The incidence
of breast cancer in Western industrialized countries, such as the
United States, is much higher than the incidence in Africa and Asia.
When women migrate from a country with low incidence to a country with
high incidence, their daughters experience the breast cancer risk of
the new country's population. The discrepancy in incidence among
various countries suggests that some of the differences in incidence
may be explained by environmental exposures.
In-depth study of these potential risks could provide invaluable
information in understanding the causes of breast cancer, and could
lead to new prevention strategies. Clearly, more research needs to be
done to determine the impact of environmental factors on breast cancer.
My colleagues and I are introducing the Breast Cancer and
Environmental Research Act of 2007 to address this palpable need for
research. It creates a national strategy to conduct research into the
possible links between breast cancer and the environment. The time to
address these frightening statistics is now.
Specifically, the bill authorizes the National Institute of
Environmental Health Sciences (NIEHS) at the National Institutes of
Health (NIH) to award grants for the development and operation of up to
eight centers for the purpose of conducting research on environmental
factors that may be related to breast cancer. These centers will work
across institutions, across disciplines, and with community
organizations to study environmental factors that may cause breast
cancer.
This legislation is modeled after the highly successful and promising
Department of Defense Breast Cancer Research Program (DOD BCRP), which
operates under a competitive, peer-reviewed grant-making process that
involves consumers.
Isolated studies have been conducted to look at suspected
environmental links to breast cancer; but these studies are only a
small step toward the broad strategic research that is required. What
is needed is a collaborative, comprehensive, nationally-focused
strategy to address this oversight a strategy like the one outlined in
this bill.
It is important to note that while we have made progress in the fight
against breast cancer, we are still a long way from prevention or a
cure--breast cancer remains the leading cause of cancer death among
women worldwide. Studies have shown that environmental factors that
cause breast cancer may exist, but conclusive evidence is scarce. This
bill will go a long way in helping the scientific community explore
environmental triggers of breast cancer.
The Breast Cancer and Environmental Research Act had strong
bipartisan support in the 109th Congress, with 66 Senate cosponsors. In
the House of Representatives, 262 Members supported the legislation.
I urge my colleagues to think of breast cancer patients and their
loved ones, and support this important bill. This Federal commitment is
critical for the overall, national strategy and the long-term
investments required to discover the environmental causes of breast
cancer so that we can better prevent it, treat it more effectively,
and, ultimately, cure it.
Mrs. CLINTON. Mr. President, today I am proud to introduce the Breast
Cancer and Environmental Research Act with Senator Reid and colleagues
from both sides of the aisle.
This legislation would allow us to investigate the links between
environmental exposures and breast cancer. Improving our ability to
investigate the connection between pollutants and cancer incidence is
the first step in improving our overall response to environmental
health concerns. Environmental hazards manifest themselves in
unexpected cancers, tumors, and other diseases in ways that we are only
now beginning to understand.
Breast cancer is the second leading cause of cancer death for women
in the United States, and 3 million women in the United States are
currently living with the disease 1 million of whom have not yet been
diagnosed. Each year, over 13,000 women in New York State are diagnosed
with this disease. Every one of us has been affected by breast cancer,
whether it is through our own personal battle or our experiences
offering love and support to our friends, our mothers, and our sisters.
Since 2001, I have sought to raise awareness of the need for
increased research into the connections between

[[Page S1962]]

environmental factors and the incidence of chronic diseases like breast
cancer. I have worked closely with advocates from New York on this
issue, and hosted a field hearing of the Senate Environment and Public
Works Committee in Long Island to discuss breast cancer and other
environmental health concerns.
The bill that we are introducing today will expand the available
resources for our scientists and expedite research in this area. The
Breast Cancer and Environmental Research Act will create Centers of
Excellence to engage in multidisciplinary research, carried out in
collaboration with the community, and learn more about how
environmental factors may be linked to the more than 200,000 breast
cancer cases diagnosed each year.
I am hopeful that in the not-too-distant future, the incidence of
breast cancer will be dramatically reduced, and in the handful of new
cases that appear, we will be able to provide high-quality, highly
effective treatment and save women's lives. But in order to achieve
those goals, we need to learn more about all the causes of breast
cancer, including the environmental factors that contribute to this
disease.
Last year, the Breast Cancer and Environmental Research Act was
reported unanimously out of the Health, Education, Labor and Pensions
Committee. I will work with my colleagues there to once again move it
through the committee process quickly, so that we can pass this
essential legislation in this session of Congress.
______

By Mr. HATCH:
S. 580. A bill to amend the National Trails System Act to require the
Secretary of the Interior to update the feasibility and suitability
studies of four national historic trails, and for other purposes; to
the Committee on Energy and Natural Resources.
Mr. HATCH. Mr. President, I rise today to introduce the Pioneer
National Historic Trails Studies Act which would update the feasibility
and suitability studies of four national historic trails and allow
possible additions to them. The trails in question are the Oregon, the
Mormon, the Pony Express, and the California National Historic Trails.
In 1978, the Oregon and Mormon trails were established by the
National Trails System Act which defined these trails as ``point A to
point B,'' limiting them to one beginning point and one final
destination. At that time, The Mormon Pioneer National Historic trail
was defined as the route Brigham Young took in 1846 through Iowa and
then to the Salt Lake Valley in 1847. The Oregon Trail was defined
narrowly as the route taken by settlers from Independence, MO, to
Oregon City from 1841 to 1848. It was limited to a single trail with
only three variants as well. Unfortunately, we have come to realize
that this rigid definition precludes designation of some very important
historical sites.
Congress passed an amendment for the establishment of the California
and Pony Express National Historic Trails in 1992. This amendment
broadened the statute to include the possibility of trail variants for
the California Trail and provided a more accurate depiction of the
original trail. The legislation I am introducing today will provide
additional authority for variation to these four trails to provide a
more accurate depiction of history.
To those of us in the West, these trails are the highways of our
history. With this legislation, I hope to capture the important stories
made along the variations of these main trails. Since the enactment of
the National Trails System Act in 1978, there has been a great deal of
support to broaden the Act to include these side roads of the trails.
Not every pioneer embarked on their journey from Omaha, NE, or
Independence, MO and not every great or tragic event took place along
the main routes. Tens of thousands of settlers began from other
starting points. These trail variations and alternate routes show the
ingenuity and adaptability of the pioneers as they were forced to
contend with inclement weather, lack of water, difficult terrain, and
hostile Native American tribes.
The Act requires comprehensive management for the historic trails. In
1981, such plans were completed for the Mormon and Oregon trails. Since
that time, however, endless hours of research by the Park Service and
trails organizations have produced a more complete picture of the
westward expansion. The National Park Service has determined, however,
that legislation is required to update the trails with this newfound
history.
That is why I am introducing this legislation today. This bill would
authorize the study of further important additions to the California,
Mormon Pioneer, Oregon, and Pony Express National Historic Trails and
allow for a more complete story to be told of our history of the West.
I urge my colleagues to support this legislation.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 580

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF
EXISTING NATIONAL HISTORIC TRAILS.

Section 5 of the National Trails System Act (16 U.S.C.
1244) is amended by adding at the end the following:
``(g) Revision of Feasibility and Suitability Studies of
Existing National Historic Trails.--
``(1) Definitions.--In this subsection:
``(A) Route.--The term `route' includes a trail segment
commonly known as a cutoff.
``(B) Shared route.--The term `shared route' means a route
that was a segment of more than one historic trail, including
a route shared with an existing national historic trail.
``(2) Requirements for revision.--
``(A) In general.--The Secretary of the Interior shall
revise the feasibility and suitability studies for certain
national trails for consideration of possible additions to
the trails.
``(B) Study requirements and objectives.--The study
requirements and objectives specified in subsection (b) shall
apply to a study required by this subsection.
``(C) Completion and submission of study.--A study listed
in this subsection shall be completed and submitted to
Congress not later than 3 complete fiscal years from the date
funds are made available for the study.
``(3) Oregon national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Oregon Trail listed in
subparagraph (B) and generally depicted on the map entitled
`Western Emigrant Trails 1830/1870' and dated 1991/1993, and
of such other routes of the Oregon Trail that the Secretary
considers appropriate, to determine the feasibility and
suitability of designation of one or more of the routes as
components of the Oregon National Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) Whitman Mission route.
``(ii) Upper Columbia River.
``(iii) Cowlitz River route.
``(iv) Meek cutoff.
``(v) Free Emigrant Road.
``(vi) North Alternate Oregon Trail.
``(vii) Goodale's cutoff.
``(viii) North Side alternate route.
``(ix) Cutoff to Barlow road.
``(x) Naches Pass Trail.
``(4) Pony express national historic trail.--The Secretary
of the Interior shall undertake a study of the approximately
20-mile southern alternative route of the Pony Express Trail
from Wathena, Kansas, to Troy, Kansas, and such other routes
of the Pony Express Trail that the Secretary considers
appropriate, to determine the feasibility and suitability of
designation of one or more of the routes as components of the
Pony Express National Historic Trail.
``(5) California national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the Missouri Valley, central, and
western routes of the California Trail listed in subparagraph
(B) and generally depicted on the map entitled `Western
Emigrant Trails 1830/1870' and dated 1991/1993, and of such
other and shared Missouri Valley, central, and western routes
that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of one or more of
the routes as components of the California National Historic
Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) Missouri valley routes.--

``(I) Blue Mills-Independence Road.
``(II) Westport Landing Road.
``(III) Westport-Lawrence Road.
``(IV) Fort Leavenworth-Blue River route.
``(V) Road to Amazonia.
``(VI) Union Ferry Route.
``(VII) Old Wyoming-Nebraska City cutoff.
``(VIII) Lower Plattsmouth Route.
``(IX) Lower Bellevue Route.
``(X) Woodbury cutoff.
``(XI) Blue Ridge cutoff.
``(XII) Westport Road.

[[Page S1963]]

``(XIII) Gum Springs-Fort Leavenworth route.
``(XIV) Atchison/Independence Creek routes.
``(XV) Fort Leavenworth-Kansas River route.
``(XVI) Nebraska City cutoff routes.
``(XVII) Minersville-Nebraska City Road.
``(XVIII) Upper Plattsmouth route.
``(XIX) Upper Bellevue route.

``(ii) Central routes.--

``(I) Cherokee Trail, including splits.
``(II) Weber Canyon route of Hastings cutoff.
``(III) Bishop Creek cutoff.
``(IV) McAuley cutoff.
``(V) Diamond Springs cutoff.
``(VI) Secret Pass.
``(VII) Greenhorn cutoff.
``(VIII) Central Overland Trail.

``(iii) Western routes.--

``(I) Bidwell-Bartleson route.
``(II) Georgetown/Dagget Pass Trail.
``(III) Big Trees Road.
``(IV) Grizzly Flat cutoff.
``(V) Nevada City Road.
``(VI) Yreka Trail.
``(VII) Henness Pass route.
``(VIII) Johnson cutoff.
``(IX) Luther Pass Trail.
``(X) Volcano Road.
``(XI) Sacramento-Coloma Wagon Road.
``(XII) Burnett cutoff.
``(XIII) Placer County Road to Auburn.

``(6) Mormon pioneer national historic trail.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the routes of the Mormon Pioneer Trail
listed in subparagraph (B) and generally depicted in the map
entitled `Western Emigrant Trails 1830/1870' and dated 1991/
1993, and of such other routes of the Mormon Pioneer Trail
that the Secretary considers appropriate, to determine the
feasibility and suitability of designation of one or more of
the routes as components of the Mormon Pioneer National
Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) 1846 Subsequent routes A and B (Lucas and Clarke
Counties, Iowa).
``(ii) 1856-57 Handcart route (Iowa City to Council
Bluffs).
``(iii) Keokuk route (Iowa).
``(iv) 1847 Alternative Elkhorn and Loup River Crossings in
Nebraska.
``(v) Fort Leavenworth Road; Ox Bow route and alternates in
Kansas and Missouri (Oregon and California Trail routes used
by Mormon emigrants).
``(vi) 1850 Golden Pass Road in Utah.
``(7) Shared california and oregon trail routes.--
``(A) Study required.--The Secretary of the Interior shall
undertake a study of the shared routes of the California
Trail and Oregon Trail listed in subparagraph (B) and
generally depicted on the map entitled `Western Emigrant
Trails 1830/1870' and dated 1991/1993, and of such other
shared routes that the Secretary considers appropriate, to
determine the feasibility and suitability of designation of
one or more of the routes as shared components of the
California National Historic Trail and the Oregon National
Historic Trail.
``(B) Covered routes.--The routes to be studied under
subparagraph (A) shall include the following:
``(i) St. Joe Road.
``(ii) Council Bluffs Road.
``(iii) Sublette cutoff.
``(iv) Applegate route.
``(v) Old Fort Kearny Road (Oxbow Trail).
``(vi) Childs cutoff.
``(vii) Raft River to Applegate.''.
______

By Mr. FEINGOLD:
S. 581. A bill to amend the Buy American Act to increase the
requirement for American-made content, to tighten the waiver
provisions, and for other purposes; to the Committee on Homeland
Security and Governmental Affairs.
Mr. FEINGOLD. Mr. President, today I am introducing legislation to
help American workers and companies.
The bill that I am introducing, the Buy American Improvement Act,
focuses on the Federal Government's responsibility to support domestic
manufacturers and workers and on the role of Federal procurement policy
in achieving this goal. The reintroduction of this bill, which I first
introduced in 2003, is part of my ongoing efforts to stem the flow of
manufacturing jobs abroad.
The Buy American Act of 1933 is the primary statute that governs
Federal procurement. The name of this law accurately describes its
purpose: to ensure that the Federal Government supports domestic
companies and domestic workers by buying American-made goods.
Regrettably, this law contains a number of loopholes that make it too
easy for government agencies to buy foreign-made goods.
My bill, the Buy American Improvement Act, would strengthen the
existing law by tightening its waiver provisions. Currently, the heads
of Federal departments and agencies are given broad discretion to waive
the Act and buy foreign goods with little or no accountability. We
should ensure that the Federal Government makes every effort to give
Federal contracts to companies that will perform the work domestically.
We should also ensure that certain types of industries do not leave the
United States completely, thus making the Federal Government dependent
on foreign sources for goods, such as plane or ship parts, that our
military may need to acquire on short notice.
I have often heard my colleagues say on this floor that American-made
goods are the best in the world. I could not agree more. Regrettably,
nearly 90,000 good-paying manufacturing jobs have left my State since
2000. And the country has lost around 3 million manufacturing jobs
since January 2001. This hemorrhaging of jobs shows that Congress needs
to do more to support domestic manufacturers and their employees. One
way to do this is to ensure that the Federal Government makes every
effort to buy American-made goods.
There are five primary waivers to the Buy American Act, and my bill
addresses four of them. The first of these waivers allows an agency
head to buy foreign goods if complying with the Act would be
``inconsistent with the public interest.'' I am concerned that this
waiver, which includes no definition for what is ``inconsistent with
the public interest,'' is actually a gaping loophole that gives too
much discretion to department secretaries and agency heads. My bill
would modify this waiver provision to prohibit it from being invoked by
an agency or department head after a request for proposals, or RFP, has
been published in the Federal Register. Once the bidding process has
begun, the Federal Government should not be able to pull an RFP by
saying that it is in the ``public interest'' to do so. This
determination, sometimes referred to as the Buy American Act's national
security waiver, should be made well in advance of placing a contract
up for bid. To do otherwise pulls the rug out from under companies that
are spending valuable time and resources to prepare a bid for a Federal
contract.
The Buy American Act may also be waived if the head of the agency
determines that the cost of the lowestpriced domestic product is
``unreasonable,'' and a system of price differentials is used to assist
in making this determination. My bill would modify this waiver to
require that preference be given to the American company if that
company's bid is substantially similar to the lowest foreign bid or if
the American company is the only domestic source for the item to be
procured.
I have a long record of supporting efforts to help taxpayers get the
most bang for their buck and opposing wasteful Federal spending. I
don't think anyone can argue that supporting American jobs is
``wasteful.'' We owe it to American manufacturers and their employees
to make sure they get a fair shake. I would not support awarding a
contract to an American company that is price gouging, but we should
make every effort to ensure that domestic sources for goods needed by
the Federal Government do not dry up because American companies have
been slightly underbid by foreign competitors.
The Buy American Act also includes a waiver for goods bought by the
Federal Government that will be used outside of the United States.
There is no question that there are occasions when the Federal
Government needs to procure items quickly for use outside the United
States. However, there may be items that are bought on a regular basis
and used at foreign military bases or United States embassies, for
example, that could reasonably be procured from domestic sources and
shipped to the location where they will be used. My bill would require
Federal agencies to compare the difference in cost for obtaining
articles that are used on a regular basis outside the U.S., or that are
not needed immediately, between an overseas versus a domestic source--
including the cost of shipping--before awarding the contract to the
company that will do the work overseas.
The Buy American Act's domestic source requirements may also be
waived if the articles to be procured are not available from domestic
sources ``in sufficient and reasonably available commercial quantities
and of

[[Page S1964]]

a satisfactory quality.'' My bill would require that an agency or
department head, prior to issuing such as waiver, determine whether
domestic production can be initiated to meet the procurement needs and
whether a comparable article, material, or supply is available
domestically.

My bill would also strengthen the Buy American Act in four other
ways. It would, for the first time, make the Buy American requirement
applicable to the United States Congress. The current definition of a
Federal agency in the Act specifically exempts the Senate, the House,
and the Architect of the Capitol, and activities under the direction of
the Architect. I believe that Congress should lead by example and
comply with the Buy American Act, a requirement that we have imposed on
executive agencies.
Secondly, my bill would increase the minimum American content
standard for qualification under the Act from the current 50 percent to
75 percent. The definition of what qualifies as an American-made
product has been a source of much debate. To me, it seems clear that
``American-made'' means manufactured in this country. This
classification is a source of pride for manufacturing workers around
our country. The current 50 percent standard should be raised to a
minimum of 75 percent.
In addition, my bill would put in place for the next five years the
expanded reporting requirement that I authored which was first enacted
as part of the fiscal year 2004 omnibus spending bill and was included
again by this body as an amendment to the recent minimum wage bill.
Prior to the enactment of these provisions, only the Department of
Defense was required to report to Congress on its use of Buy American
waivers and purchases of foreign goods. It is virtually impossible to
get hard numbers on the Federal Government's purchases of foreign--and
domestic--made goods and to ensure that there is disclosure and
accountability in the waiver process. This reporting requirement seeks
to hold agencies accountable by requiring agencies to report on their
foreign-made purchases and make that information available to Congress
and the American public.
The annual report to be submitted by agency heads will be required to
include the following information: the dollar value of any items
purchased that were manufactured outside of the United States; an
itemized list of all applicable waivers granted with respect to such
items under the Buy American Act, including the type of waiver used;
and a summary of the total procurement funds spent by the Federal
agency on goods manufactured in the United States versus on goods
manufactured overseas. In addition, my bill also requires that the
heads of all Federal agencies make these annual reports publicly
available on the Internet.
Finally, my bill would require the Government Accountability Office
to report to Congress with recommendations for defining the terms
``inconsistent with the public interest'' and ``unreasonable cost'' for
purposes of invoking the corresponding waivers in the Act. I am
concerned that both of these terms lack definitions, and that they can
be very broadly interpreted by agency or department heads. GAO would be
required to make recommendations for statutory definitions of both of
these terms, as well as for establishing a consistent waiver process
that can be used by all Federal agencies.
The gaping loopholes in the Buy American Act and the trade agreements
and defense procurement agreements that contain additional waivers of
domestic source restrictions have combined to weaken our domestic
manufacturing base by allowing--and sometimes actually encouraging--the
Federal Government to buy foreign-made goods. Congress can and should
do more to support American companies and American workers. We must
strengthen the Buy American Act and we must stop entering into bad
trade agreements that send our jobs overseas and undermine our own
domestic preference laws.
By strengthening Federal procurement policy, we can help to bolster
our domestic manufacturers during these difficult times. As I have
repeatedly noted, Congress cannot simply stand on the sidelines while
tens of thousands of American manufacturing jobs have been and continue
to be shipped overseas. While there may be no single solution to this
problem one way in which Congress should act is by strengthening the
Buy American Act.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 581

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Buy American Improvement Act
of 2007''.

SEC. 2. REQUIREMENTS FOR WAIVERS.

(a) In General.--Section 2 of the Buy American Act (41
U.S.C. 10a) is amended--
(1) by striking ``Notwithstanding'' and inserting the
following:
``(a) In General.--Notwithstanding''; and
(2) by adding at the end the following:
``(b) Special Rules.--The following rules shall apply in
carrying out the provisions of subsection (a):
``(1) Public interest waiver.--A determination that it is
not in the public interest to enter into a contract in
accordance with this Act may not be made after a notice of
solicitation of offers for the contract is published in
accordance with section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416) and section 8(e) of
the Small Business Act (15 U.S.C. 637(e)).
``(2) Domestic bidder.--A Federal agency entering into a
contract shall give preference to a company submitting an
offer on the contract that manufactures in the United States
the article, material, or supply for which the offer is
solicited, if--
``(A) that company's offer is substantially the same as an
offer made by a company that does not manufacture the
article, material, or supply in the United States; or
``(B) that company is the only company that manufactures in
the United States the article, material, or supply for which
the offer is solicited.
``(3) Use outside the united states.--
``(A) In general.--Subsection (a) shall apply without
regard to whether the articles, materials, or supplies to be
acquired are for use outside the United States if the
articles, materials, or supplies are not needed on an urgent
basis or if they are acquired on a regular basis.
``(B) Cost analysis.--In any case in which the articles,
materials, or supplies are to be acquired for use outside the
United States and are not needed on an urgent basis, before
entering into a contract an analysis shall be made of the
difference in the cost of acquiring the articles, materials,
or supplies from a company manufacturing the articles,
materials, or supplies in the United States (including the
cost of shipping) and the cost of acquiring the articles,
materials, or supplies from a company manufacturing the
articles, materials, or supplies outside the United States
(including the cost of shipping).
``(4) Domestic availability.--The head of a Federal agency
may not make a determination under subsection (a) that an
article, material, or supply is not mined, produced, or
manufactured, as the case may be, in the United States in
sufficient and reasonably available commercial quantities and
of satisfactory quality, unless the head of the agency has
conducted a study and, on the basis of such study, determined
that--
``(A) domestic production cannot be initiated to meet the
procurement needs; and
``(B) a comparable article, material, or supply is not
available from a company in the United States.
``(c) Reports.--
``(1) In general.--Not later than 180 days after the end of
each of fiscal years 2007 through 2011, the head of each
Federal agency shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Oversight and Government Reform of the House of
Representatives a report on the amount of the acquisitions
made by the agency in that fiscal year of articles,
materials, or supplies purchased from entities that
manufacture the articles, materials, or supplies outside of
the United States.
``(2) Contents of report.--The report required by paragraph
(1) shall separately include, for the fiscal year covered by
such report--
``(A) the dollar value of any articles, materials, or
supplies that were manufactured outside the United States;
``(B) an itemized list of all waivers granted with respect
to such articles, materials, or supplies under this Act, and
a citation to the treaty, international agreement, or other
law under which each waiver was granted;
``(C) if any articles, materials, or supplies were acquired
from entities that manufacture articles, materials, or
supplies outside the United States, the specific exception
under this section that was used to purchase such articles,
materials, or supplies; and
``(D) a summary of--
``(i) the total procurement funds expended on articles,
materials, and supplies manufactured inside the United
States; and
``(ii) the total procurement funds expended on articles,
materials, and supplies manufactured outside the United
States.

[[Page S1965]]

``(3) Public availability.--The head of each Federal agency
submitting a report under paragraph (1) shall make the report
publicly available to the maximum extent practicable.
``(4) Exception for intelligence community.--This
subsection shall not apply to acquisitions made by an agency,
or component thereof, that is an element of the intelligence
community as specified in, or designated under, section 3(4)
of the National Security Act of 1947 (50 U.S.C. 401a(4)).''.
(b) Definitions.--Section 1 of the Buy American Act (41
U.S.C. 10c) is amended by adding at the end the following:
``(c) Federal Agency.--The term `Federal agency' means any
executive agency (as defined in section 4(1) of the Office of
Federal Procurement Policy Act (41 U.S.C. 403(1))) or any
establishment in the legislative or judicial branch of the
Federal Government.
``(d) Substantially All.--Articles, materials, or supplies
shall be treated as made substantially all from articles,
materials, or supplies mined, produced, or manufactured in
the United States, if the cost of the domestic components of
such articles, materials, or supplies exceeds 75 percent of
the total cost of all components of such articles, materials,
or supplies.''.
(c) Conforming Amendments.--
(1) Section 2 of the Buy American Act (41 U.S.C. 10a) is
amended by striking ``department or independent
establishment'' and inserting ``Federal agency''.
(2) Section 3 of such Act (41 U.S.C. 10b) is amended--
(A) in subsection (a), by striking ``department or
independent establishment'' and inserting ``Federal agency'';
and
(B) in subsection (b), by striking ``department, bureau,
agency, or independent establishment'' and inserting
``Federal agency''.
(3) Section 633 of the National Military Establishment
Appropriation Act, 1950 (41 U.S.C. 10d) is amended by
striking ``department or independent establishment'' and
inserting ``Federal agency''.

SEC. 3. GAO REPORT AND RECOMMENDATIONS.

(a) Report on Scope of Waivers.--Not later than 180 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall report to Congress
recommendations to be used in determining, for purposes of
applying the waiver provision of section 2(a) of the Buy
American Act, as redesignated by section 2(a) of this Act,
whether acquiring articles, materials, and supplies mined,
produced, or manufactured in the United States would--
(1) involve unreasonable cost; or
(2) be inconsistent with the public interest.
(b) Recommendations.--The report described in subsection
(a) shall include recommendations--
(1) for a statutory definition of unreasonable cost and for
standards for determining inconsistency with the public
interest; and
(2) for establishing procedures for applying the waiver
provisions of the Buy American Act that can be consistently
applied.
______

By Mr. SMITH (for himself, Mr. Rockefeller, Mr. Reed, and Mr.
Alexander):
Mr. SMITH. Mr. President, today Senator Rockefeller and I are
introducing the Fire Sprinkler Incentive Act of 2007. This legislation
would reduce the tremendous economic and human losses that fire
inflicts on the National economy and the quality of life.
In 2005, fire departments responded to about 1.6 million fires. These
fires resulted in about 3,500 deaths and almost 18,000 civilian
injuries. Fire also caused over $10 billion in direct property damages
in 2005.
Fire sprinklers can dramatically decrease loss of life and injury as
a result of fires. The National Fire Protection Association has no
record of a fire killing more than two people in a completely
sprinklered public assembly, educational, institutional, or residential
building where the system was properly installed and fully operational.
Fire sprinklers also mitigate economic losses resulting from fires.
Fire sprinklers are responsible for a 70-percent reduction in property
damage from fires in public assembly, educational, residential,
commercial, industrial, and manufacturing buildings.
The Fire Sprinkler Incentive Act will provide an incentive for
businesses to protect their buildings with fire sprinklers. Under
current law, the cost of retrofitting an existing building with
automatic fire sprinklers generally would be depreciated over a 39-year
period. Our legislation would reduce the depreciation period to 5
years, greatly reducing the economic burden of retrofitting a building.
I ask unanimous consent that the text of this legislation be printed
in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 582

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Fire Sprinkler Incentive Act
of 2007''.

SEC. 2. FINDINGS.

The Congress finds that--
(1) the publication of the original study and comprehensive
list of recommendations in America Burning, written in 1974,
requesting advances in fire prevention through the
installation of automatic sprinkler systems in existing
buildings have yet to be fully implemented;
(2) fire departments responded to approximately 1,600,000
fires in 2005;
(3) there were 3,675 non-terrorist related deaths in the
United States and almost 17,925 civilian injuries resulting
from fire in 2005;
(4) 87 firefighters were killed in 2005;
(5) fire caused $10,672,000,000 in direct property damage
in 2005, and sprinklers are responsible for a 70 percent
reduction in property damage from fires in public assembly,
educational, residential, commercial, industrial and
manufacturing buildings;
(6) fire departments respond to a fire every 20 seconds, a
fire breaks out in a structure every 61 seconds and in a
residential structure every 79 seconds in the United States;
(7) the Station Nightclub in West Warwick, Rhode Island,
did not contain an automated sprinkler system and burned
down, killing 99 people on February 20, 2003;
(8) due to an automated sprinkler system, not a single
person was injured from a fire beginning in the Fine Line
Music Cafe in Minneapolis after the use of pyrotechnics on
February 17, 2003;
(9) the National Fire Protection Association has no record
of a fire killing more than 2 people in a completely
sprinklered public assembly, educational, institutional or
residential building where the system was properly installed
and fully operational;
(10) sprinkler systems dramatically improve the chances of
survival of those who cannot save themselves, specifically
older adults, young children and people with disabilities;
(11) the financial cost of upgrading fire counter measures
in buildings built prior to fire safety codes is prohibitive
for most property owners;
(12) many State and local governments lack any requirements
for older structures to contain automatic sprinkler systems;
(13) under the present straight-line method of
depreciation, there is a disincentive for building safety
improvements due to an extremely low rate of return on
investment; and
(14) the Nation is in need of incentives for the voluntary
installation and retrofitting of buildings with automated
sprinkler systems to save the lives of countless individuals
and responding firefighters as well as drastically reduce the
costs from property damage.

SEC. 3. CLASSIFICATION OF AUTOMATIC FIRE SPRINKLER SYSTEMS.

(a) In General.--Subparagraph (B) of section 168(e)(3) of
the Internal Revenue Code of 1986 (relating to 5-year
property) is amended by striking ``and'' at the end of clause
(v), by striking the period at the end of clause (vi) and
inserting ``, and'', and by inserting after clause (vi) the
following:
``(vii) any automatic fire sprinkler system placed in
service after the date of the enactment of this clause in a
building structure which was placed in service before such
date of enactment.''.
(b) Alternative System.--The table contained in section
168(g)(3)(B) of the Internal Revenue Code of 1986 (relating
to special rule for certain property assigned to classes) is
amended by inserting after the item relating to subparagraph
(B)(iii) the following:

``(B)(vii).........................................................7''.

(c) Definition of Automatic Fire Sprinkler System.--
Subsection (i) of section 168 of the Internal Revenue Code of
1986 is amended by adding at the end the following:
``(18) Automated fire sprinkler system.--The term
`automated fire sprinkler system' means those sprinkler
systems classified under one or more of the following
publications of the National Fire Protection Association--
``(A) NFPA 13, Installation of Sprinkler Systems,
``(B) NFPA 13 D, Installation of Sprinkler Systems in One
and Two Family Dwellings and Manufactured Homes, and
``(C) NFPA 13 R, Installation of Sprinkler Systems in
Residential Occupancies up to and Including Four Stories in
Height.''.
(d) Effective Date.--The amendments made by this section
shall apply to property placed in service after the date of
the enactment of this Act.

Mr. ROCKEFELLER. Mr. President, today I rise to join my colleague Mr.
Smith in the introduction of the Fire Sprinkler Incentive Act. Two
years ago, we first introduced this legislation to help provide
businesses with an important tax incentive to install lifesaving
sprinkler systems, believing that the legislation would be one way to
keep our Nation's citizens, and the firefighters who dedicate their
lives to fire safety, free from unnecessary fire-related injury. At
that time, I could not imagine that in 2007 West Virginia would suffer
one of the worst fire-related tragedies in many years. In January of
this year, a fire at the Emmons Junior Apartment Building in
Huntington, WV, took the lives of nine individuals, including three
teenagers

[[Page S1966]]

who were all siblings and another unrelated child who was only seven
years old. My heart goes out to those families and to a devastated
community. We later learned that the complex was built in 1924 and was
not equipped with a sprinkler system. I cannot help thinking that if
the tax incentives provided by this legislation were already in effect,
many businesses including those operating apartment complexes might
have had enough financial incentive to allow them to make the decision
to install life-saving sprinkler systems.
Fire safety is a national problem. The National Fire Protection
Association (NFPA) indicates that in 2005 there were over 1.6 million
fires reported in the United States, which caused 3,675 civilian
deaths, 17,925 civilian injuries, and $10.7 billion in property damage.
As a result, 80,100 firefighters were injured and another 87 died
responding to these fires in an effort to protect the lives of their
fellow citizens. High-rise buildings and other living facilities that
were built under older codes often lack adequate fire safety protection
and leave vulnerable those citizens who cannot as easily save
themselves from a fire, such as older adults, young children, and
people with disabilities. There were 511,000 structure fires in 2005,
and 381,000 of those occurred in family home structures including
dwellings, duplexes, manufactured homes, apartments, townhouses,
rowhouses, and condominiums. These home structure fires accounted for
82 percent of civilian fire-related fatalities and $6.7 billion in
direct property damage.
Protecting our citizens and first-responders from these fire-related
injuries and fatalities is of the utmost importance, and a real way to
improve fire safety exists in the use of automatic sprinkler systems.
These devices react quickly and save lives by dramatically reducing the
heat, flames and smoke produced in a fire. The NFPA reports that when
sprinklers are present, the chances of dying in a fire are reduced by
between 50 and 75 percent and average property loss is cut by one-half
to two-thirds. The NFPA also has no record of a fire killing more than
two people in a building where a sprinkler system was properly
installed and fully operational.
The benefits of fire sprinkler systems are overwhelming, even for
business owners, but one thing that inhibits their implementation is
cost. Under current law, installations in residential rental property
and non-residential real property must be deducted over a 27.5- or 39-
year period, respectively. The financial cost of upgrading existing
structures with fire safety measures is prohibitive for most property
owners, and under our present straight-line method of depreciation,
there is disincentive for building safety improvements due to an
extremely low rate of return on investment. This legislation, by
amending the internal revenue code to classify automatic fire sprinkler
systems as depreciable over a 5-year period, would mitigate the expense
of retrofitting older buildings with costly automated sprinkler
systems. It helps businesses make the choice to take advantage of fire
safety systems that have been proven to have life-saving results.
I again express my support for the Fire Sprinkler Incentive Act as a
way to promote the use of fire sprinkler systems that are now an
invaluable asset in our efforts to protect citizens and firefighters
from fire-related death and injury. This proposal has been endorsed by
firefighters, the insurance industry, and general contractors, and I
urge my colleagues to do the same.
______

By Mr. SALAZAR:
S. 583. A bill to create a competitive grant program for States to
enable the States to award salary bonuses to highly qualified
elementary school or secondary school teachers who teach, or commit to
teach, for at least 3 academic years in a school served by a rural
local educational agency; to the Committee on Health, Education, Labor,
and Pensions.
Mr. SALAZAR. Mr. President, the second piece of legislation I am
introducing has to do with education. We know rural school districts
have a very hard time in terms of retaining teachers. The national
teacher turnover rate across the country is about 15 percent, but in
rural districts it is as high as 30 to 40 percent. Thirty to forty
percent of teachers in rural school districts are turning over.
So what I hope to do with the Colorado Teacher Retention Act is to
help with a competitive State program that would allow rural school
districts to provide bonuses for highly qualified teachers who commit
to teaching in rural schools for at least 3 years. It would simply
provide an opportunity for rural schools to have the kind of excellence
in teaching they so deserve.
______

By Mr. BINGAMAN:
S. 586. A bill to amend the Public Health Service Act to provide
grants to promote positive health behaviors in women and children; to
the Committee on Health, Education, Labor, and Pensions.
Mr. BINGAMAN. Mr. President, the legislation I am introducing today,
entitled the ``Community Health Workers Act of 2007,'' would improve
access to health education and outreach services to women and children
in medically underserved areas, including the U.S. border region along
New Mexico.
Lack of access to adequate health care and health education is a
significant problem on the southern New Mexico border. While the access
problem is in part due to a lack of insurance, it is also attributable
to non-financial barriers to access. These barriers include a shortage
of physicians and other health professionals, and hospitals; inadequate
transportation; a shortage of bilingual health information and health
providers; and culturally insensitive systems of care.
This legislation would help to address the issue of access by
providing $15 million per year for a three year period in grants to
State, local, and tribal organizations, including community health
centers and public health departments, for the purpose of hiring
community health workers to provide health education, outreach, and
referrals to women and families who otherwise would have little or no
contact with health care services.
Recognizing factors such as poverty and language and cultural
differences that often serve as barriers to health care access in
medically underserved populations, community health workers are in a
unique position to improve health outcomes and quality of care for
groups that have traditionally lacked access to adequate services. They
often serve as ``community specialists'' and are members of the
communities in which they work. As such they can effectively serve
hard-to-reach populations.
A shining example of how community health workers serve their
communities, a group of so-called ``Promotoras'' in Dona Ana County
were quickly mobilized during a recent flood emergency in rural New
Mexico. These community health workers assisted in the disaster
recovery efforts by partnering with FEMA to find, inform and register
flood victims for Federal disaster assistance. Their personal networks
and knowledge of the local culture, language, needs, assets, and
barriers greatly enhanced FEMA's community outreach efforts. The
Promotoras of Dona Ana County demonstrate the important role community
health workers could play in communities across the nation, including
increasing the effectiveness of new initiatives in homeland security
and emergency preparedness, and in implementing risk communication
strategies.
The positive benefits of the community health worker model also have
been documented in research studies. Research has shown that community
health workers have been effective in increasing the utilization of
health preventive services such as cancer screenings and medical follow
up for elevated blood pressure and improving enrollment in publicly
funded health insurance programs. In the case of uninsured children, a
study by Dr. Glenn Flores, ``Community-Based Case Management in
Insuring Uninsured Latino Children,'' published in the December 2005
issue of Pediatrics found that uninsured children who received
community-based case management were eight times more likely to obtain
health insurance coverage than other children involved in the study
because case workers were employed to address typical barriers to
access, including insufficient knowledge about application processes
and eligibility criteria, language barriers and family mobility

[[Page S1967]]

issues, among others. This study confirms that community health workers
could be highly effective in reducing the numbers of uninsured
children, especially those who are at greatest risk for being
uninsured. Preliminary investigation of a community health workers
project in New Mexico similarly suggests that community health workers
could be useful in improving enrollment in Medicaid and the State
Children's Health Insurance Program, or ``SCHIP.''
According to a 2003 Institute of Medicine, IOM, report entitled,
``Unequal Treatment: Confronting Racial and Ethnic Disparities in
Healthcare,'' community health workers offer promise as a community-
based resource to increase racial and ethnic minorities' access to
health care and to serve as a liaison between healthcare providers and
the communities they serve.
Although the community health worker model is valued in the New
Mexico border region as well as other parts of the country that
encounter challenges of meeting the health care needs of medically
underserved populations, these programs often have difficulty securing
adequate financial resources to maintain and expand upon their
services. As a result, many of these programs are significantly limited
in their ability to meet the ongoing and emerging health demands of
their communities.
The 10M report also noted that ``programs to support the use of
community health workers . . . especially among medically underserved
and racial and ethnic minority populations, should be expanded,
evaluated, and replicated.''
I am introducing this legislation to increase resources for a model
that has shown significant promise for increasing access to quality
health care and health education for families in medically underserved
communities.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 586

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Community Health Workers Act
of 2007''.

SEC. 2. FINDINGS.

Congress makes the following findings:
(1) Chronic diseases, defined as any condition that
requires regular medical attention or medication, are the
leading cause of death and disability for women in the United
States across racial and ethnic groups.
(2) According to the National Vital Statistics Report of
2001, the 5 leading causes of death among Hispanic, American
Indian, and African-American women are heart disease, cancer,
diabetes, cerebrovascular disease, and unintentional
injuries.
(3) Unhealthy behaviors alone lead to more than 50 percent
of premature deaths in the United States.
(4) Poor diet, physical inactivity, tobacco use, and
alcohol and drug abuse are the health risk behaviors that
most often lead to disease, premature death, and disability,
and are particularly prevalent among many groups of minority
women.
(5) Over 60 percent of Hispanic and African-American women
are classified as overweight and over 30 percent are
classified as obese. Over 60 percent of American Indian women
are classified as obese.
(6) American Indian women have the highest mortality rates
related to alcohol and drug use of all women in the United
States.
(7) High poverty rates coupled with barriers to health
preventive services and medical care contribute to racial and
ethnic disparities in health factors, including premature
death, life expectancy, risk factors associated with major
diseases, and the extent and severity of illnesses.
(8) There is increasing evidence that early life
experiences are associated with adult chronic disease and
that prevention and intervention services provided within the
community and the home may lessen the impact of chronic
outcomes, while strengthening families and communities.
(9) Community health workers, who are primarily women, can
be a critical component in conducting health promotion and
disease prevention efforts in medically underserved
populations.
(10) Recognizing the difficult barriers confronting
medically underserved communities (poverty, geographic
isolation, language and cultural differences, lack of
transportation, low literacy, and lack of access to
services), community health workers are in a unique position
to reduce preventable morbidity and mortality, improve the
quality of life, and increase the utilization of available
preventive health services for community members.
(11) Research has shown that community health workers have
been effective in significantly increasing health insurance
coverage, screening and medical follow-up visits among
residents with limited access or underutilization of health
care services.
(12) States on the United States-Mexico border have high
percentages of impoverished and ethnic minority populations:
border States accommodate 60 percent of the total Hispanic
population and 23 percent of the total population below 200
percent poverty in the United States.

SEC. 3. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN WOMEN.

Part P of title III of the Public Health Service Act (42
U.S.C. 280g et seq.) is amended by adding at the end the
following:

``SEC. 399S. GRANTS TO PROMOTE POSITIVE HEALTH BEHAVIORS IN
WOMEN.

``(a) Grants Authorized.--The Secretary, in collaboration
with the Director of the Centers for Disease Control and
Prevention and other Federal officials determined appropriate
by the Secretary, is authorized to award grants to States or
local or tribal units, to promote positive health behaviors
for women and children in target populations, especially
racial and ethnic minority women and children in medically
underserved communities.
``(b) Use of Funds.--Grants awarded pursuant to subsection
(a) may be used to support community health workers--
``(1) to educate, guide, and provide outreach in a
community setting regarding health problems prevalent among
women and children and especially among racial and ethnic
minority women and children;
``(2) to educate, guide, and provide experiential learning
opportunities that target behavioral risk factors including--
``(A) poor nutrition;
``(B) physical inactivity;
``(C) being overweight or obese;
``(D) tobacco use;
``(E) alcohol and substance use;
``(F) injury and violence;
``(G) risky sexual behavior; and
``(H) mental health problems;
``(3) to educate and guide regarding effective strategies
to promote positive health behaviors within the family;
``(4) to educate and provide outreach regarding enrollment
in health insurance including the State Children's Health
Insurance Program under title XXI of the Social Security Act,
Medicare under title XVIII of such Act and Medicaid under
title XIX of such Act;
``(5) to promote community wellness and awareness; and
``(6) to educate and refer target populations to
appropriate health care agencies and community-based programs
and organizations in order to increase access to quality
health care services, including preventive health services.
``(c) Application.--
``(1) In general.--Each State or local or tribal unit
(including federally recognized tribes and Alaska native
villages) that desires to receive a grant under subsection
(a) shall submit an application to the Secretary, at such
time, in such manner, and accompanied by such additional
information as the Secretary may require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the activities for which assistance under
this section is sought;
``(B) contain an assurance that with respect to each
community health worker program receiving funds under the
grant awarded, such program provides training and supervision
to community health workers to enable such workers to provide
authorized program services;
``(C) contain an assurance that the applicant will evaluate
the effectiveness of community health worker programs
receiving funds under the grant;
``(D) contain an assurance that each community health
worker program receiving funds under the grant will provide
services in the cultural context most appropriate for the
individuals served by the program;
``(E) contain a plan to document and disseminate project
description and results to other States and organizations as
identified by the Secretary; and
``(F) describe plans to enhance the capacity of individuals
to utilize health services and health-related social services
under Federal, State, and local programs by--
``(i) assisting individuals in establishing eligibility
under the programs and in receiving the services or other
benefits of the programs; and
``(ii) providing other services as the Secretary determines
to be appropriate, that may include transportation and
translation services.
``(d) Priority.--In awarding grants under subsection (a),
the Secretary shall give priority to those applicants--
``(1) who propose to target geographic areas--
``(A) with a high percentage of residents who are eligible
for health insurance but are uninsured or underinsured;
``(B) with a high percentage of families for whom English
is not their primary language; and
``(C) that encompass the United States-Mexico border
region;
``(2) with experience in providing health or health-related
social services to individuals who are underserved with
respect to such services; and
``(3) with documented community activity and experience
with community health workers.

[[Page S1968]]

``(e) Collaboration With Academic Institutions.--The
Secretary shall encourage community health worker programs
receiving funds under this section to collaborate with
academic institutions. Nothing in this section shall be
construed to require such collaboration.
``(f) Quality Assurance and Cost-Effectiveness.--The
Secretary shall establish guidelines for assuring the quality
of the training and supervision of community health workers
under the programs funded under this section and for assuring
the cost-effectiveness of such programs.
``(g) Monitoring.--The Secretary shall monitor community
health worker programs identified in approved applications
and shall determine whether such programs are in compliance
with the guidelines established under subsection (f).
``(h) Technical Assistance.--The Secretary may provide
technical assistance to community health worker programs
identified in approved applications with respect to planning,
developing, and operating programs under the grant.
``(i) Report to Congress.--
``(1) In general.--Not later than 4 years after the date on
which the Secretary first awards grants under subsection (a),
the Secretary shall submit to Congress a report regarding the
grant project.
``(2) Contents.--The report required under paragraph (1)
shall include the following:
``(A) A description of the programs for which grant funds
were used.
``(B) The number of individuals served.
``(C) An evaluation of--
``(i) the effectiveness of these programs;
``(ii) the cost of these programs; and
``(iii) the impact of the project on the health outcomes of
the community residents.
``(D) Recommendations for sustaining the community health
worker programs developed or assisted under this section.
``(E) Recommendations regarding training to enhance career
opportunities for community health workers.
``(j) Definitions.--In this section:
``(1) Community health worker.--The term `community health
worker' means an individual who promotes health or nutrition
within the community in which the individual resides--
``(A) by serving as a liaison between communities and
health care agencies;
``(B) by providing guidance and social assistance to
community residents;
``(C) by enhancing community residents' ability to
effectively communicate with health care providers;
``(D) by providing culturally and linguistically
appropriate health or nutrition education;
``(E) by advocating for individual and community health or
nutrition needs; and
``(F) by providing referral and followup services.
``(2) Community setting.--The term `community setting'
means a home or a community organization located in the
neighborhood in which a participant resides.
``(3) Medically underserved community.--The term `medically
underserved community' means a community identified by a
State--
``(A) that has a substantial number of individuals who are
members of a medically underserved population, as defined by
section 330(b)(3); and
``(B) a significant portion of which is a health
professional shortage area as designated under section 332.
``(4) Support.--The term `support' means the provision of
training, supervision, and materials needed to effectively
deliver the services described in subsection (b),
reimbursement for services, and other benefits.
``(5) Target population.--The term `target population'
means women of reproductive age, regardless of their current
childbearing status and children under 21 years of age.
``(k) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$15,000,000 for each of fiscal years 2008, 2009, and 2010.''.
______

By Mr. NELSON of Florida (for himself, Mr. Reid, and Mr. Biden):
S. 588. A bill to amend title XVIII of the Social Security Act to
increase the Medicare caps on graduate medical education positions for
States with a shortage of residents; to the Committee on Finance.
Mr. NELSON of Florida. Mr. President, I am pleased to be joined by my
colleague Senate Majority Leader Harry Reid as we introduce the
Resident Physician Shortage Reduction Act of 2007. The bill would
enhance America's health care infrastructure by expanding the number of
Medicare-supported physician residency training positions in States
with a shortage of residents.
Over the past several years, a number of studies have concluded that
this country is facing, or soon will face, physician shortages. The
Council on Graduate Medical Education (COGME) and the Association of
American Medical Colleges (AAMC) recently issued reports, which
concluded that our Nation will likely lack an adequate number of
physicians to meet patient demand by the year 2020.
By expanding the number of Medicare-supported physician residency
training positions in our Nation's teaching hospitals, we can help
stabilize America's health care infrastructure and alleviate physician
shortages. Unfortunately, in 1997, the Balanced Budget Act (BBA)
``capped'' the number of residents that each teaching hospital could
claim for Medicare payment purposes. In general, Medicare does not
reimburse hospitals for residents they train that are above the capped
number of residency slots.
There are no exceptions that allow hospitals to permanently adjust
their caps. For example, the cap on physician training positions does
not adjust for population growth. In many States, including Florida,
populations continue to grow both in size and age and physician
shortages are occurring or soon will occur. Ten years ago, Florida's
ratio of physicians to population was above the national average.
Today, Florida is among the States seeing the slowest growth in
physician supply. A major reason for the slow growth in Florida is the
lack of physician residents.
A recent study by the AAMC ranks Florida 44th among States with
federally funded medical residency positions, with 16 residents per
100,000 people. This problem will worsen over time because Florida's
population continues to grow and Federal funding for graduate medical
education slots has been capped and cannot grow to reflect the need.
Because physicians tend to remain in the region where they complete
their medical training, increasing the number of residency cap
positions in States with a shortage will help to ensure an adequate
physician workforce. According to a study by the AAMC, 47 percent of
physicians are practicing in the State in which they did their
training. Florida's record of retention is even better than the
national average. The same study shows that approximately 60 percent of
physicians who trained in Florida stay in Florida to practice medicine
after their residency.
Today we are introducing the Resident Physician Shortage Reduction
Act of 2007 to enhance America's health care infrastructure by
expanding the number of resident physician training positions in States
with a shortage of resident physicians. Specifically, the bill
authorizes the Secretary of Health and Human Services (HHS) to increase
the cap on the number of Medicare-supported residency training
positions at teaching hospitals in States where there are shortages of
resident physicians. A State is considered to have a shortage of
resident physicians if its ratio of resident physicians per 100,000
population is below the national median level. Under our bill, teaching
hospitals in approximately 24 States would be eligible for increases in
their resident caps.
We believe this legislation is a critical first step towards ensuring
an adequate supply of physicians in our health care system. We urge all
of our colleagues, from both sides of the aisle, to join us in this
effort.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 588

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Resident Physician Shortage
Reduction Act of 2007''.

SEC. 2. INCREASING THE MEDICARE CAPS ON GRADUATE MEDICAL
EDUCATION POSITIONS FOR STATES WITH A SHORTAGE
OF RESIDENTS.

(a) Direct Graduate Medical Education.--Section
1886(h)(4)(F) of the Social Security Act (42 U.S.C.
1395ww(h)(4)(F)) is amended--
(1) in clause (i), by inserting ``clause (iii) and'' after
``subject to''; and
(2) by adding at the end the following new clause:
``(iii) Increase in caps on graduate medical education
positions for states with a shortage of residents.--

``(I) In general.--For cost reporting periods beginning on
or after the date that is 16 months after the date of
enactment of the Resident Physician Shortage Reduction Act of
2007, the Secretary shall increase the otherwise applicable
limit on the total number of full-time equivalent residents
in the field of allopathic or osteopathic medicine determined
under clause (i) with respect to a qualifying hospital in an
eligible State by an amount determined appropriate by the
Secretary. Such increase shall be phased-in over

[[Page S1969]]

a period of 5 cost reporting periods beginning with the first
cost reporting period in which the increase is applied under
the previous sentence to the hospital. For each eligible
State the aggregate number of such increases shall be--

``(aa) not less than 15; and
``(bb) not greater than the State resident cap increase.

``(II) Qualifying hospital.--In this clause, the term
`qualifying hospital' means a hospital located in an eligible
State that the Secretary determines should receive an
increase under this clause in the otherwise applicable limit
on the total number of full-time equivalent residents in the
field of allopathic or osteopathic medicine.
``(III) Eligible state.--In this clause, the term `eligible
State' means a State for which the National median medical
resident ratio exceeds the State medical resident ratio.
``(IV) State resident cap increase.--In this clause, the
term `State resident cap increase' means, with respect to a
State, \1/4\ of the product of--

``(aa) the difference between the National median medical
resident ratio and the State medical resident ratio; and
``(bb) the State population (as determined for purposes of
subclause (VI)).

``(V) National median medical resident ratio.--In this
clause, the term `National median medical resident ratio'
means the median of all State medical resident ratios.
``(VI) State medical resident ratio.--In this clause, the
term `State medical resident ratio' means, with respect to
any State, the ratio of full-time equivalent residents in the
State in approved medical residency training programs as of
the date of enactment of the Resident Physician Shortage
Reduction Act of 2007 to the population of the State as of
such date, as determined by the Secretary.
``(VII) State.--In this clause, the term `State' means a
State and the District of Columbia.
``(VIII) Considerations in determining resident cap
increases.--In determining whether a hospital is a qualifying
hospital, and how much of an increase in the resident cap a
qualifying hospital shall receive under subclause (I), the
Secretary shall take into consideration the demonstrated
likelihood of the hospital filling resident positions that
would be made available as a result of such increase within
the first 3 cost reporting periods beginning on or after the
date that is 16 months after the date of enactment of the
Resident Physician Shortage Reduction Act of 2007. The
Secretary shall also take into consideration whether the new
resident positions will be in primary care, preventive
medicine, or geriatrics programs.''.

(b) Indirect Medical Education.--Section 1886(d)(5)(B) of
the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)) is
amended by adding at the end the following new clause:
``(x) Clause (iii) of subsection (h)(4)(F) shall apply to
clause (v) in the same manner and for the same period as such
clause (iii) applies to clause (i) of such subsection.''.

Mr. REID. Mr. President, I am introducing a bill today dealing with
resident physician shortages. This bill will expand the number of
Medicare-supported physician residency training positions in States all
over the country which face a shortage of doctors.
This legislation is important because we know that the cities where
doctors are trained are often the cities where they stay. For example,
Nevada currently has 199 physicians in training and will be eligible
for an additional 93 positions under this bill.
As Nevada continues to grow, so do our health needs. The two bills I
am introducing today will help ensure communities across Nevada that
they have the doctors they need and the quality of care they deserve.
______

By Mr. ALLARD:
S. 589. A bill to provide for the transfer of certain Federal
property to the United States Paralympics, Incorporated, a subsidiary
of the United States Olympic Committee; to the Committee on Environment
and Public Works.
Mr. ALLARD. Mr. President, I rise today to introduce important
legislation in support of America's Paralympic programs.
The Paralympics are an important facet of our modern Olympic
tradition and serve as an integral part of the rehabilitation of the
mind, body, and soul. Training programs provided by Paralympic
organizations enable disabled athletes to overcome obstacles on and off
the field. Through training, performance, and competition, these
athletes regain independence and renew their spirit.
The roots of the Paralympic movement originally stem from disabled
veteran's returning from war. After World War II, British soldiers
began participating in Paralympic games. These games provided a way for
disabled soldiers to compete competitively in athletics. This practice
quickly spread to the United States, and this country is now leading
the way in advancing the movement. Today thousands of athletes with
physical disabilities compete internationally, proudly representing
their countries.
Tremendous advancements in modern medicine and the adaptation of
athletic equipment have allowed Para-lympic athletes to physically
compete in a variety of sports and live the Olympic dream. By
continuing to support the development of the Para-lympic movement at
all levels, as this bill does, we are able to take advantage of these
numerous scientific and medical advancements to truly improve quality
of life for our wounded veterans.
Today I am introducing legislation to facilitate the transfer of
unused Federal property in Colorado Springs, CO, to the United States
Olympic Committee and specifically Paralympics Incorporated. The
transfer of this property allows the current United States Olympic
Committee complex in Colorado Springs to expand and provides the U.S.
Paralympic Team with further room to grow their programs.
To a large degree, this expansion will afford greater opportunities
to Para-lympics athletes, especially our Nation's military veterans.
Colorado Springs and the Pikes Peak region are unique. Home to a
robust veteran's population, this region also serves as the national
headquarters of the Unites States Olympic Committee. This makes the
area a natural fit for championing and advancing the Paralympic
movement.
Proponents for the disabled estimate that approximately 10 percent of
the more than 500-person U.S. team to the Paralympics in 2012 will be
comprised of veteran's of the global war on terrorism. This is a
tremendous increase considering there were no war veterans
participating in either the 2004 or 2006 games.
Providing for the transfer of this property will give the United
States Olympic Commitee the necessary facilities to work with local and
national veteran's service organizations, the Department of Defense, as
well as the Department of Veterans Affairs in order to allow for
greater opportunities for disabled veterans to participate in the
Paralympics, particularly those returning home from war in Iraq and
Afghanistan.
I am not alone. National and local organizations recognize the
importance of these programs and vocally support my efforts, including:
the Colorado American Legion, the Colorado Springs Chamber of Commerce,
the National Sports Center for the Disabled, and the Pikes Peak Chapter
of Military Officers Association of America.
I ask my colleagues to join me in cheering on the Olympic spirit that
lives in all of us by supporting our Nation's disabled veterans and
Para-lympic athletes.
I ask unanimous consent to print the following letters in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

The Chamber,

Colorado Springs, CO, February 14, 2007.
Hon. Wayne Allard,
U.S. Senator, Dirksen Senate Office Building, Washington, DC.
Dear Senator Allard: We are writing to express our strong
support of your efforts to transfer the Federal Building at
1520 East Willamette in Colorado Springs to the United State
Paralympic Committee.
As you know, The Greater Colorado Springs Chamber of
Commerce has an active and steadfast relationship with the
United States Olympic Committee. In addition, our membership
provides a strong support system to our military in the
region. We are most impressed with the USOC's Paralympics
Organization that provides such a valuable initiative to our
injured soldiers coming back from serving and protecting our
country.
The stature and pride associated with The United States
Olympic Committee's presence in the Colorado Springs area has
always been an important part of our cultural and economic
significance. Combining that with the mission of helping our
soldiers recover and succeed in the Paralympics venue would
be another critical investment in our people and our region.
We wholly and enthusiastically support your efforts to add
to our nation's viability in the Paralympics movement and to
increase our region's prominence in that movement. Thank you
for your vigorous dedication in moving this effort forward.
Sincerely,
Will Temby,
Chief Executive Officer.

[[Page S1970]]

____
National Sports Center

For the Disabled,

January 24, 2007.
Hon. Wayne Allard,
U.S. Senate,
Washington, DC.
Dear Senator Allard: On behalf of the National Sports
Center for the Disabled of Winter Park, Colorado, I would
like to thank you for introducing legislation to transfer
Federal property to the United States Paralympics, Inc. and
the United States Olympic Committee. This property will
significantly add to the U.S. Paralympics' ongoing efforts to
provide sport programs for individuals with disabilities.
In recent years, the number of young men and women with
newly acquired disabilities from military service has
increased considerably. Learning to live with a disability is
an experience that many find difficult. Recognizing that
physical activity can play a tremendous role in encouraging
healthy and independent lives, the U.S. Paralympics has made
remarkable efforts to provide sport programs for such
individuals. As chief executive officer for the National
Sport Center for the Disabled, I have witnessed firsthand the
benefits of physical activity on the lives of the disabled.
It is clear that sport programs have tremendous therapeutic
value and encourage healthy, independent lives.
As military operations in Iraq and Afghanistan continue,
the need for such programs is greater than ever. This
property in Colorado Springs, Colorado will greatly enhance
the U.S. Paralympics' ability to continue sport training
programs for our soldiers with newly acquired disabilities as
they return home and begin the rehabilitation process.
I ardently support your legislation to transfer Federal
property to the U.S. Olympic Committee and U.S. Paralympics
for sport programs for the disabled, and I thank you for
recognizing this need as so many active duty and retired
military personnel begin to adjust to life with a disability.
Sincerely,
Craig Pollitt, President/Chief Executive Officer.
____

Pikes Peak Chapter,

Military Officers Assoc. of America,

Colorado Springs, CO, January 24, 2007.
U.S. Olympic Committee,
Olympic Plaza,
Colorado Springs, CO.
Dear U.S. Olympic Committee: The members of the Pikes Peak
Chapter of the Military Officers Association of America would
like to express our strongest support for your efforts to
transfer the Federal Property near the U.S. Olympic Training
Center to your Olympic Committee. Understanding that U.S.
Olympic Committee will use this property in the training of
United States Paralympics, we see this as a wonderful
opportunity to help athletes with physical disabilities. As
many veterans take part in this training and competition and
it adds so much to their lives, we strongly urge the Olympic
Committee to pursue the acquisition of this property for the
Paralympics.
Feel free to contact me at 719-590-9522 for further
details.
Sincerely,

Thomas M. Daschbach,

Colonel USAF (Ret),
President, Pikes Peak Chapter.
______

By Mr. SMITH (for himself, Mr. Salazar, Ms. Snowe, Mr. Menendez,
Mr. Lugar, Mr. Kerry, Mr. Kennedy, Mr. Allard, Mr. Wyden, Mr.
Lieberman, Mr. Lautenberg, Ms. Cantwell, and Ms. Landrieu):
S. 590. A bill to amend the Internal Revenue Code of 1986 to extend
the investment tax credit with respect to solar energy property and
qualified fuel cell property, and for other purposes; to the Committee
on Finance.
Mr. SMITH. Mr. President, I rise today to introduce legislation to
spur investment in and deployment of fuel cells and solar energy
systems. I am joined today by my colleague, Senator Salazar, and eleven
other Senators in introducing this important bill to encourage the
development if these clean energy facilities.
The Energy Policy Act of 2005 created new commercial and residential
investment tax credits that have helped stimulate market growth for
these innovative technologies. Those tax credits, which were extended
in 2006, are set to expire at the end of 2008. However, in order to
drive down future production costs and encourage the development of
these facilities, this bill provides for an eight-year extension of the
investment tax credits for solar and fuel cell facilities. It also
provides for the accelerated depreciation of commercial solar and fuel
cell projects.
The long-term extension is needed within these industries because
these emerging energy technologies have longer planning horizons than
traditional power plants. A long-term extension will also help
developers secure the financing for these facilities.
There are numerous benefits of extending these investment tax
credits. It is estimated that an eight-year extension of the tax
credits will displace over 4 trillion cubic feet of natural gas and
save consumers over $32 billion. An estimated 70,000 new jobs will be
created in the solar and fuel cell industries and over $50 billion in
economic investment will be made in these industries. In addition,
distributed generation facilities can serve remote sites and help
address transmission congestion issues.
Home-grown energy technologies and sources help reduce our dependence
on foreign sources of energy. Moreover, both solar equipment and fuel
cells provide zero emissions energy. I would urge my colleagues to join
us in providing America's entrepreneurs and households with these
important tax incentives. Together, we can reduce our dependence on
fossil fuels and restore our nation's leading role in these important
industries.
______

By Mr. CHAMBLISS (for himself, Mr. Harkin, Mr. Roberts, Mrs.
Lincoln, Mr. Cochran, and Mr. Leahy):
S. 591. A bill to amend the Food Stamp Act of 1977 to adjust for
inflation the allowable amounts of financial resources of eligible
households and to exclude from countable financial resources certain
retirement and education accounts; to the Committee on Agriculture,
Nutrition, and Forestry.
Mr. CHAMBLISS. Mr. President, I rise today to introduce the Food
Stamp Savings and Investment Act of 2007, a bill that would improve the
food stamp program which is administered by the U.S. Department of
Agriculture. For fiscal year 2005, the food stamp program touched an
average of over 25 million people in this country every month.
Our nutrition assistance programs, anchored by the food stamp
program, play a key role in ensuring that needy Americans have access
to the food they need to lead healthy, productive lives. I know from
the school teachers in my family the importance of good nutrition,
especially for our children's development. Moreover, the food for
nutrition programs comes from U.S. farmers which helps agriculture.
Finally, food assistance programs are an important part of this
country's safety net. Not long ago, the Nation witnessed the food stamp
program's effective emergency response to evacuees from hurricanes
Katrina and Rita. The U.S. food assistance programs are good for
families, good for farmers and good for America.
The food stamp program not only helps by providing food and emergency
aid, it helps America's needy families on their path to independence
and self-sufficiency. The goals of the 1996 welfare reform were spelled
out in the title, to increase ``personal responsibility and work
opportunity.'' In essence, Congress asked our nation's families on
welfare to take personal responsibility for themselves and join the
workforce, and many of those families did. In the ten years since
welfare reform was passed by Congress and signed by President Clinton,
fewer families receive cash welfare, and more welfare families are
working. According to the Congressional Research Service, from 1996 to
2005, the number of food stamp households with children who received
cash welfare payments decreased by 57 percent, and the number who
reported earned income increased 41 percent. Many families have
transitioned from welfare to work, and the Food Stamp program should do
more to encourage this continuing transition.
States have done a great job addressing food stamp error rates. From
fiscal year 2000 to fiscal year 2005, while average monthly
participation increased to a near historical high of almost 26 million
people, the combined error rates of over payments and under payments
fell 34 percent to a historical low of 5.84 percent.
In the 2002 farm bill, Congress gave States many options to
administer the food stamp program easier. Most States have taken
advantage of these options and the program serves both taxpayers and
recipients better today than in the past. However, there is room to
improve. For many working families with low income, there are some
aspects of the food stamp program that may reduce their ability to
escape the cycle of poverty. For example, food stamp asset rules
conflict

[[Page S1971]]

with families' ability to save for their future. The asset limit of
$2,000 for liquid assets for most food stamp recipients has not changed
for more than 20 years. When indexed for inflation, the asset limit
would be almost $4,000 today. This bill would index the asset limit to
inflation. A higher asset limit should help families build up savings
in order to achieve financial independence and prepare for a rainy day
or get an education and eventually end their need to receive food
stamps.
In addition, food stamp rules discourage working families from
utilizing all the financial investment tools encouraged by the tax code
for working Americans. This bill would exempt savings plans for
retirement and education from being counted toward the asset when
determining eligibility, provisions included in the Bush
Administration's farm bill proposal.
The core ideas underlying this bill enjoy broad support across the
political spectrum. Examples of organizations that have voiced support
for reforming asset limits in order to encourage savings include: The
Heritage Foundation; the Center on Budget and Policy Priorities; the
New America Foundation; the Corporation for Enterprise Development;
and, the Center for Law and Social Policy.
Reforming food stamp asset limits has the potential to help needy
families break the cycle of poverty and achieve long-term financial
independence. I urge my colleagues to support this bill.
Mr. HARKIN. Mr. President, I am pleased today to join my friend and
colleague, the senior Senator from Georgia, as a cosponsor of
legislation to provide some needed improvements to the Food Stamp
Program's eligibility rules.
Senator Chambliss' legislation, the Food Stamp Personal Savings and
Investment Act of 2007, would exempt retirement accounts and
educational savings accounts from the current asset limits test in the
Food Stamp Program. Additionally, this bill would index the current
asset limit to inflation.
For most households, the current asset limit in the Food Stamp
Program is $2000; $3000 for households with an elderly individual or an
individual with a disability. This limit has not been raised in over 20
years, making it inconsistent with the economic challenges faced by
today's low-income working families in America.
In addition, current Food Stamp Program resources rules are
inconsistent. Many types of retirement accounts and all educational
savings accounts are counted against the asset limit, meaning that a
working mother who has recently become unemployed but managed to save
$2500 for her daughter's college education is actually ineligible for
food stamps. This forces otherwise eligible households to have to
choose between liquidating such savings, which in many cases are also
subject to a financial penalty, or going without needed food
assistance.
It is clear that current Food Stamp Program rules actually discourage
people from planning responsibly for their futures and deny them a
helping hand at a time when they need it most. It makes no sense for
the government to force families that are suffering through periods of
unemployment to spend down the savings which represent their only
source of security in times of hardship. In essence we require people
to trade-off their minimal savings for meager food stamp benefits that
equal an average of one dollar per meal per person.
If our true goal is to provide low-income families with a hand up--to
help make a better life for themselves and their children--then we must
enact policies that actually encourage them to build the resources that
are necessary to get out of poverty and remove the barriers to saving
that exist in current law. Exempting retirement and educational savings
accounts from the Food Stamp Program's asset limits test will help do
that.
Similarly, adjusting the current asset limit so that it rises with
inflation will provide a more reasonable, less-restrictive threshold
that, though modest, will at least prevent further erosion in the
current asset limits. I'm hopeful that we can do more than just
indexing the current limit, which is too restrictive. I hope that we
can first increase the asset limits and then index them annually to
inflation. But Senator Chambliss' bill is a good start, and I commend
him for seeking to address this problem.
Taken together, these are common sense changes that are needed
throughout our federal anti-poverty programs to allow low-income
Americans who are currently discouraged from saving to invest in their
futures. The Committee on Agriculture, Nutrition and Forestry obviously
has no jurisdiction over other anti-poverty programs, but we can start
by removing the unrealistic and damaging limits that currently exist
within the Food Stamp Program.
I should also make clear that this is not the only change needed to
improve upon the Food Stamp Program. We clearly must do more to help
those who suffer from food insecurity in this country, and there are a
number of other improvements that we should make to our federal food
assistance programs to help low-income families put food on their
tables.
This legislation is a good start to the larger objective of
simplifying and strengthening our food assistance programs to make them
more responsive and relevant to helping meet the needs of today's low-
income American families. I commend Senator Chambliss for introducing
this bill, am happy to cosponsor it and look forward to continuing to
work with him to promote economic and food security and stability for
low-income Americans and families.
______

By Ms. COLLINS:
S. 592. A bill to amend the Internal Revenue Code of 1986 to provide
for a manufacturer's jobs credit, and for other purposes; to the
Committee on Finance.
Ms. COLLINS. Mr. President, I rise today to introduce legislation,
the ``Growing Our Manufacturing Employment Act, or ``GoME,'' which is
aimed at reinvigorating the manufacturing sector, boosting the level of
domestic manufacturing, and preventing the further loss of
manufacturing jobs.
Few issues are as important to the American people than the
availability of good jobs in their communities. Manufacturing jobs have
long provided quality employment for generations of Americans. But in
recent years, employment in the manufacturing sector has dropped, and
over 3 million manufacturing jobs have been lost since the year 2000.
Few States have been hit harder by the loss of manufacturing jobs
than my home State of Maine. According to the National Association of
Manufacturers, Maine has lost 22,000 manufacturing jobs--nearly 28
percent of our total--since the beginning of this decade. These jobs
once provided lifelong employment to Mainers in towns like Millinocket,
Wilton, Waterville, Fort Kent, Dexter, Westbrook, and Sanford. Here is
but one example of the tragic results of this ongoing trend, from my
home State of Maine: For 60 years, Moosehead Manufacturing produced
furniture of the highest quality--beautiful designs and quality
materials combined with expert craftsmanship. Last week, Moosehead
closed its doors. More than 120 skilled workers have lost their jobs. A
traditional Maine business, built from the ground up by a Maine family,
is gone.
Why are American manufacturing jobs disappearing? Three years ago,
the National Association of Manufacturers released a study showing that
American manufacturers face ``structural costs'' that makes it 22
percent more expensive to manufacture goods here than overseas. Last
fall, NAM updated this study, and found that these costs are
escalating, with American manufacturers now facing a cost differential
31 percent higher than our nine leading trading partners.
While it would surprise no one that U.S. manufacturers face a higher
cost-of-doing business than manufacturers in countries like China and
Mexico, it would be a mistake to assume that wage rates alone explain
this difference. They do not. In fact, the productivity of American
workers is unrivaled, allowing American workers to receive more value,
in wages, for the goods they produce. As the original NAM study states,
if wages were the only factor, then ``U.S. manufacturers would be much
more dominant . . . in the global markets than the current trade
situation suggests.''
It is other ``structural costs'' that make it more expensive to
manufacture goods in the U.S. relative to the

[[Page S1972]]

cost elsewhere. Indeed, the NAM study shows that most of the
``structural costs'' facing American manufacturers are higher than
those facing manufacturers in industrialized nations like Japan,
Germany, and France. This fact illustrates the critical impact these
high ``structural costs'' have on our ability to compete.
In essence, these costs have the same effect as imposing a 31 percent
additional tax on making goods here rather than overseas. To stay in
business, American manufacturers must somehow do more with less, move
operations overseas, or get out of manufacturing altogether. The end
result is fewer jobs, a weaker economy, and a manufacturing sector in
crisis.
I believe a healthy manufacturing base is essential to our Nation's
future. Not only is manufacturing a key source of skilled, high-paying
jobs, but also it is crucial to our economic and national security that
we have the ability to manufacture the goods we need right here in this
country. For all these reasons, I am proposing the ``Growing Our
Manufacturing Employment Act.''
This bill would help to lessen the 31 percent cost differential that
American manufacturers face by providing a variety of tax incentives.
For example, a jobs tax credit would be provided to manufacturers that
employ displaced workers who are receiving benefits under the Trade
Adjustment Act, as well as those who are receiving benefits under the
Alternative TAA program. That would help get those workers back to
work. In Maine alone over 4,700 workers have been deemed eligible for
benefits under TAA since November of 2002, and nationally, the number
is nearly 600,000.
The jobs credit I am proposing in this bill would only be available
to manufacturers that increase their employment level. The availability
of this credit would provide a powerful incentive to hire workers who
are receiving benefits because they are displaced.
This bill is designed to ensure that only companies that are helping
to build America's manufacturing base obtain its benefits. It has both
a carrot and a stick approach. Companies that move jobs offshore will
see their benefits under this proposal reduced, and companies that
chose to ``invert'' their corporate structure to avoid U.S. taxes will
not be eligible for this credit at all.
As important as it is to assist workers who are eligible for benefits
under TAA and ATAA, however, this alone is not enough to address the
crisis facing American manufacturers. That is why my bill also includes
a 5-year extension of the research and development tax credit we passed
last year. R&D is critical to our manufacturers, because it is the
basis of the breakthroughs we need to keep our economy on the cutting
edge. The credit also creates jobs--it can only be claimed on R&D
performed in the United States, and 75 percent of each dollar claimed
goes to cover salaries of employees engaged in R&D. But despite its
importance, the R&D tax credit is scheduled to sunset at the end of
this year. Extending this credit would be a powerful tool that will
help manufacturers keep their operations in America, and help offset
the cost disparity American manufacturers face.
I am hopeful that, working together on this and other proposals, we
can take the important steps needed to strengthen American
manufacturers, preserve our manufacturing capacity, and most of all,
help ensure that hard-working Americans have the jobs they need and
deserve.
______

By Mr. BURR (for himself, Mr. Reed, Mr. Nelson of Florida, Mr.
Martinez, Mr. Durbin, Mrs. Dole, and Ms. Collins):
S. 593. A bill to amend the Public Health Service Act to establish a
grant program to provide supportive services in permanent supportive
housing for chronically homeless individuals, and for other purposes;
to the Committee on Health, Education, Labor, and Pensions.
Mr. REED. Mr. President, I am pleased to join my colleague, Senator
Burr, to introduce the Services for Ending Long-Term Homelessness Act
(SELHA).
It is estimated that two to three million Americans experience a
period of homelessness in a given year. While the majority of these
individuals find themselves homeless for a brief period of time, a
growing segment are experiencing prolonged periods of homelessness.
Roughly 200,000 to 250,000 Americans fall under the category of
chronically homeless.
In March 2003, former Department of Health and Human Services
Secretary Tommy Thompson issued a report that defined the issues and
challenges facing the chronically homeless and developed a
comprehensive approach to bringing the appropriate services and
treatments to this population of individuals who typically fall outside
of mainstream support programs.
Similarly, the President's New Freedom Commission on Mental Health
recommended the development of a comprehensive plan to facilitate
access to permanent supportive housing for individuals and families who
are chronically homeless. However, affordable housing, alone, is not
enough for many chronically homeless to achieve stability. This
population also needs flexible, mobile, and individualized support
services to sustain them in housing.
The legislation we are introducing today is critical to the
development and implementation of more effective strategies to combat
chronic homelessness through improved service delivery and coordination
across Federal agencies serving this population. It directs the
Substance Abuse and Mental Health Services Administration to coordinate
their efforts not only with the Department of Housing and Urban
Development, but with other Federal departments as well as with various
agencies within the Department of Health and Human Services that
provide supportive services.
Mr. President, SELHA is an important bipartisan measure designed to
help improve coordination and ensure access to the range of supportive
services that the growing number of chronically homeless Americans need
to get back on their feet. Our bill brings together permanent
supportive housing and services, the essential tools to enable these
individuals to begin to take the steps necessary to become productive
and active members of our communities again.
I look forward to working with my colleagues toward expeditious
passage of this legislation.
______

By Mrs. FEINSTEIN (for herself, Mr. Leahy, Mr. Sanders, and Ms.
Mikulski):
S. 594. A bill to limit the use, sale, and transfer of cluster
munitions; to the Committee on Foreign Relations.
Mrs. FEINSTEIN. Mr. President, I rise with Senator Leahy, Senator
Sanders, and Senator Mikulski to introduce legislation to address the
continuing threat posed by cluster bombs to innocent civilians around
the world.
Our legislation places common sense restrictions on the use of
cluster bombs. It prevents any funds from being spent to use, sell or
transfer cluster munitions: that have a failure rate of more than one
percent; unless the rules of engagement or the agreement applicable to
the sale or transfer of such cluster munitions specify that: the
cluster munitions will only be used against clearly defined military
targets and; will not be used where civilians are known to be present
or in areas normally inhabited by civilians.
The bill also requires the President to submit a report to the
appropriate Congressional committees on the plan, including estimated
costs, by either the United States Government or the government to
which U.S. cluster bombs are sold or transferred to clean up unexploded
cluster bombs.
Finally, the bill includes a national security waiver that allows the
President to waive the prohibition on the use, sale, or transfer of
cluster bombs with a failure rate of more than one percent, if he
determines it is vital to protect the security of the United States.
The human death toll and injury from these weapons are felt everyday.
Innocent children think they are picking up a play toy in the field and
suddenly their arm is blown off.
Last November, the International Committee for the Red Cross called
for a ban on the use of cluster bombs in highly populated areas. They
joined other leading organizations who have also decried the
indiscriminate use of these weapons: Amnesty International, Human
Rights Watch, the Friends Committee on National Legislation,

[[Page S1973]]

Handicap International, and Landmine Action.
Several countries, including Belgium, Germany, and Norway have either
instituted a ban or a moratorium on the use and procurement of cluster
bombs. More than 30 countries are actively calling for increased
international controls on the weapon.
And next week, Norway will host an international conference to
explore the possibility of a international treaty to ban certain types
of cluster munitions and provide support for the victims of the
weapons.
We need to adjust our policies for their use and can do so easily.
Every year, hundreds of civilians are killed and many more are
injured due to unexploded cluster bombs.
From the fields of Vietnam, Laos, and Cambodia, through the streets
of Kosovo and Iraq, to the arid hills of Afghanistan and the
playgrounds of Lebanon, these lethal relics of war continue to cripple
life, hope, and peace.
Cluster munitions are large bombs, rockets, or artillery shells that
contain up to hundreds of small submunitions, or individual
``bomblets.''
They are intended for attacking enemy troop formations and armor
covering over a half mile radius.
Yet, in practice, they pose a real threat to the safety of civilians
when used in populated areas because they leave hundreds of unexploded
bombs over a very large area and they are often inaccurate.
The non-profit group Handicap International studied the effects of
cluster bombs in 24 countries and regions, including Afghanistan,
Chechnya, Laos, and Lebanon.
Its report found that civilians make up 98 percent of those killed or
injured by cluster bombs. 27 percent of the casualties are children.
As the report shows, cluster bombs end up in streets and cities where
men and women go to work and do their shopping.
They end up in groves of trees and fields where children play.
They end up in homes where families live.
In some cases, up to 40 percent of cluster bombs fail to explode,
posing a particular danger to civilians long after the conflict has
ended.
This is particularly and sadly true of children because bomblets are
no bigger than a D battery and in some cases resemble a tennis ball.
Children, outside with their friends and relatives, come across these
cluster bombs, pick them up because they look a ball, and start playing
with them.
A terrible result often follows as these stories demonstrate.
On March 25, 2003 Abdallah Yaqoob was sleeping in his bed in his
family's home in Basra, Iraq when he was hit by shrapnel from a cluster
munition strike that hit his neighborhood.
He lost his arm, and his abdomen was severely injured. Abdallah was
hit by British L20A1/M85 munition.
Falah Hassan, 13, was injured by an unexploded ground-launched
submunition in Iraq on March 26, 2003.
The explosion severed his right hand and spread shrapnel through his
body. He lost his left index finger and soft tissue in his lower limbs.
Source: Bonnie Docherty/Human Rights Watch.
Hassan Hammade, a 13 year old Lebanese boy, lost four fingers and
sustained injuries to his stomach and shoulder after he picked up an
unexploded cluster bomb in front of an orange tree.
He said, ``I started playing with it and it blew up. I didn't know it
was a cluster bomb--it just looked like a burned out piece of metal.''
Source: Christian Science Monitor.
All the children are too scared to go out now, we just play on the
main roads or in our homes.
These unexploded cluster bombs become, in essence, de facto
landmines.
Instead of targeting troop formations and enemy armor, unexploded
bomblets target innocent civilians, seriously maiming or killing their
victims.
This runs counter to our values and counter to the laws of war.
Make no mistake, the impact of unexploded cluster bombs on civilian
populations has been devastating.
In Laos alone there are between 9 and 27 million unexploded cluster
bombs, leftovers from U.S. bombing campaigns in the 1960s and 1970s.
Approximately 11,000 people, 30 percent of them children, have been
killed or injured since the war ended. Source: International Committee
for the Red Cross.
In the first Gulf War, 61,000 cluster bombs were used containing 20
million bomblets. Since 1991, unexploded bomblets have killed 1,600
innocent men, women, and children and injured more than 2,500.
In Afghanistan in 2001, 1,228 cluster bombs with 248,056 bomblets
were used. Between October 2001 and November 2002, 127 civilians were
killed by them, 70 percent of them under the age of 18.
In Iraq in 2003, 13,000 cluster bombs with nearly 2 million bomblets
were used. Combining the first and second Gulf Wars, the total number
of unexploded bomblets in the region is approximately 1.2 million.
An estimated 1,220 Kuwaitis and 400 Iraqi civilians have been killed
since 1991. Source: Human Rights Watch.
What gives rise, in part, to my bill are recent developments in
Lebanon over alleged use of cluster bombs by Israel.
It is estimated that Israel dropped 4 million bomblets in southern
Lebanon and 1 million of these bomblets failed to explode.
As Lebanese children and families have returned to their homes and
begin to rebuild, they have been exposed to the danger of these
unexploded bomblets lying in the rubble.
22 people, including six children have been killed and 133, including
47 children, injured.
One United Nations official estimates that 40 percent of the cluster
bombs launched by Israel in Southern Lebanon failed to explode.
So far, more than 58,000 unexploded bomblets in Lebanon have been
destroyed but it will take 12 to 15 months to complete the effort.
Source: United Nations humanitarian coordinator for Lebanon.
Looking at these figures it is clear that several countries are awash
with unexploded bomblets.
The number is indeed staggering and the consequences are real.
Each death that results from an unexploded American bomblet weakens
American diplomacy and American values.
How are we supposed to win the hearts and minds of civilians in these
countries when we leave behind such deadly weapons that
indiscriminately kill boys and girls?
How are we supposed to speed up reconstruction efforts--building
homes, schools, hospitals, clinics, and ensuring electricity and water
supplies--when populated areas are littered with these bombs?
Simply put, unexploded cluster bombs fuel anger and resentment and
make security, stabilization, and reconstruction efforts that much
harder.
And it is not just a humanitarian problem, it is a military problem.
By showering targets with cluster bombs, we ensure that our troops
will face thousands of unexploded bomblets as they move forward.
This will force them to change course and slow the mission.
During the Iraq war, U.S. troops would fire six rockets containing
4,000 bomblets to eliminate one artillery piece in a civilian
neighborhood. With a 16 percent dud rate, approximately 640 duds were
left behind. Source: Human Rights Watch.
As an August 2003 Wall Street Journal article noted: ``Unexploded
bomblets render significant swaths of battlefield off-limits to
advancing U.S. troops.''
In fact, during the first Gulf War, unexploded cluster munitions
killed 22 U.S. troops--6 percent of total U.S. fatalities--and injured
58.
Former Secretary of Defense William Cohen recognized the threat
cluster bombs posed to civilians and U.S. troops alike and issued a
memorandum which became known as the Cohen Policy.
It stated that beginning in fiscal year 2005, all new cluster bomb
would have a failure rate of less than one percent.
This was an important step forward but we must remember that we still
have 5.5 million cluster bombs in our arsenals containing 728.5 million
bomblets. That is, we are still prepared to use an enormous amount of
cluster bombs that have significant failure rates. That is
unacceptable.
Let me be clear. While this legislation prohibits the sale, use, or
transfer of cluster bombs with a failure rate of more than one percent,
it does include a national security waiver to allow the President to
waive the restriction.

[[Page S1974]]

Instead of exercising the waiver, I would hope that administration
would work with Congress to extend the Cohen Policy to the entire U.S.
cluster bomb arsenal.
During the 1990s, a comprehensive pact was forged to protect
civilians from land mines worldwide. The United States and the
international community have since spent millions to remove mines in
post-conflict regions.
There is no question there should be a similar program for cluster
bombs.
Simply put, this legislation will save lives--civilians and soldiers
alike--and will help save the reputation of the United States.
I urge my colleagues to support this bill.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 594

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Cluster Munitions Civilian
Protection Act of 2007''.

SEC. 2. LIMITATION ON THE USE, SALE, OR TRANSFER OF CLUSTER
MUNITIONS.

No funds appropriated or otherwise available to any Federal
department or agency may be obligated or expended to use,
sell, or transfer any cluster munitions unless--
(1) the submunitions of the cluster munitions have a 99
percent or higher functioning rate;
(2) the policy applicable to the use, or the agreement
applicable to the sale or transfer, of such cluster munitions
specifies that the cluster munitions will only be used
against clearly defined military targets and will not be used
where civilians are known to be present or in areas normally
inhabited by civilians; and
(3) not later than 30 days after such cluster munitions are
used, the President submits to the appropriate congressional
committees a plan, including estimated costs, for cleaning up
any such cluster munitions and submunitions which fail to
explode and continue to pose a hazard to civilians that is
prepared, as applicable--
(A) by the head of such Federal department or agency in the
event such cluster munitions are to be used by the United
States Government; or
(B) by the government of the country to which the United
States Government sold or transferred such cluster munitions.

SEC. 3. PRESIDENTIAL WAIVER.

The President may waive the requirement under section 2(1)
if, prior to the use, sale, or transfer of cluster munitions,
the President--
(1) certifies that it is vital to protect the security of
the United States; and
(2) not later than 30 days after making such certification,
submits to the appropriate congressional committees a report,
in classified form if necessary, describing in detail--
(A) the steps that will be taken to protect civilians; and
(B) the failure rate of the cluster munitions that will be
used, sold, or transferred and whether such munitions are
fitted with self-destruct or self-neutralization devices.

SEC. 4. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this Act, the term ``appropriate congressional
committees'' means the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives.

Mr. LEAHY. Mr. President, I am very pleased to cosponsor this
legislation on cluster munitions with my friend from California,
Senator Feinstein. I commend her for the determination she has shown to
prevent future harm to innocent people from these weapons.
The problem of cluster munitions, which overwhelmingly maim and kill
civilians, has been known for many years. Perhaps the most egregious
example is Laos, where millions of these tiny explosives were dropped
by United States military aircraft during the Vietnam war. Over three
decades later they continue to cause horrific casualties among local
villagers and unsuspecting children.
I have urged the Pentagon to address this problem for nearly a
decade.
While they have acknowledged the problem, they have not yet taken
sufficient steps to solve it. We used large numbers of cluster
munitions in the invasion of Iraq, including in densely inhabited,
urban areas, and many civilians paid and continue to pay a terrible
price.
Israel used these weapons extensively in Lebanon, including cluster
munitions supplied by the United States, and again it has been
civilians who have suffered disproportionately.
Cluster munitions, like any weapon, have military utility. They can
be effective against armor or other military infrastructure. But they
are, in effect, indiscriminate, because they are scattered by the
thousands over wide areas.
Many of them--between 1 and 40 percent depending on the type and the
condition of the terrain--fail to explode on contact and remain on the
surface of the ground as hazardous duds indefinitely, no different from
landmines.
The duds are exploded by whoever comes into contact with them. Often
it is a child who thinks it is a toy. The consequences are disastrous--
lifelong disfigurement and disability, or death.
No one suggests that it is possible to completely avoid civilian
casualties in war. Innocent casualties are an inevitable, tragic
consequence of all wars. But this legislation should not be necessary.
Weapons that are so disproportionately hazardous to civilians should of
course be subject to strict controls on their use.
The Feinstein-Leahy bill does not prohibit the use or export of
cluster munitions. Rather, it would set a standard for reliability that
is the same as what the Pentagon now requires for new procurements of
these weapons.
The President may waive this requirement if he certifies that doing
so is vital to protect the security of the United States, and he
submits a report describing the steps that will be taken to protect
civilians and the failure rate of the cluster munitions to be used or
sold.
Our bill, which is not aimed at any particular country because this
is a global problem, would also require that cluster munitions be used
only against military targets and not where civilians are known to be
present or in areas normally inhabited by civilians.
This is a moral issue and it is an issue of our own self-interest.
Using or selling weapons that are so indiscriminate in their effect
without strict controls on their use is immoral. It is immoral.
Anyone who has seen the horrific consequences of children with an arm
or a leg blown off, or a part of their face, or their lifeless body cut
to pieces by shrapnel, knows that.
It is also contrary to our own interest to be using or selling
weapons which cause such appalling casualties of people who are not the
enemy. It fuels anger and resentment we can ill afford among the very
people whose support we need.
Again, I am pleased to join with the Senator from California. This is
a thoughtful, much needed response to a serious humanitarian problem.
It is also timely because other governments, following the leadership
of Norway, Austria and others, are meeting in Oslo later this month to
begin discussions on an international treaty to curtail the use and
export of cluster munitions that pose unacceptable risks to civilians.
The United States should play a visible, constructive role in those
negotiations and it is our hope that this legislation will contribute
to that process.
______

By Mr. LAUTENBERG (for himself, Mrs. Boxer, and Mr. Menendez):
S. 595. A bill to amend the Emergency Planning and Community Right-
to-Know Act of 1986 to strike a provision relating to modifications in
reporting frequency; to the Committee on Environment and Public Works.
Mr. LAUTENBERG. Mr. President, I rise today to introduce legislation
that would preserve the public's right to know about toxic chemical
releases and waste management where they live.
The legislation would overturn the Environmental Protection Agency's
recent action to undermine the Toxics Release Inventory (TRI) program--
which I helped create in 1986--by allowing facilities that release up
to 2,000 pounds of a toxic chemical to simply provide notice of a
chemical's presence at the facility, rather than disclose the actual
amounts released to the land, air, and water. The 2,000 pounds standard
represents a four-fold increase of the current reporting threshold. EPA
finalized another change to the TRI program that will reduce the
information available to the public regarding the waste management of
some of the most toxic chemicals that accumulate

[[Page S1975]]

in the environment, including lead and mercury.
These changes would eliminate detailed reporting for one or more
chemicals at thousands of facilities in communities around the country,
including hundreds of facilities in New Jersey, and could eliminate
entirely the disclosure of the releases of more than a dozen
potentially dangerous chemicals. According to the Government
Accountability Office (GAO), citizens living in 75 U.S. counties could
have no numerical TRI information about local toxic pollution under the
changes made by EPA. Furthermore, GAO estimates that 3,565 facilities--
including 101 in New Jersey--would no longer have to report any
quantitative information about their chemical releases and waste
management practices to the TRI.
The EPA had also proposed to require reports on chemical emissions
only every other year, instead of the current annual requirement. Under
that plan, communities would have no knowledge of what chemicals have
been released into their neighborhoods, or how those wastes were
otherwise managed every other year. Additionally, companies would have
an incentive to concentrate their most egregious releases of toxic
chemicals into the environment in years which are not reported. EPA
withdrew this particular part of their proposal, but there is no
guarantee that they will not pursue this avenue in the future.
I strongly oppose all of these rule changes; and the legislation I am
introducing will overturn the changes EPA has made, and prevent them
from making the third change that they considered.
I firmly believe that it is unacceptable for the EPA to reduce the
amount of information available to the public about chemicals--
including mercury, lead benzene, chromium, and other carcinogens--
stored nearby or released into their community. When Congress passed
the original Emergency Planning and Community Right-to-Know Act in
1986, as a response to the 1984 Union Carbide chemical disaster in
Bhopal, India, some accountability was finally established in the
chemical industry. And now, the EPA has weakened the rules and reduced
the amount of information available to the public on these critical
issues. For instance, in my home State of New Jersey, a chemical
facility that released 2,000 pounds of arsenic via air emissions in
2003 would no longer be required to disclose this pollution to the
general public. Fourteen facilities that released a combined 8,600
pounds of carcinogenic styrene would no longer have to report these
emissions in detail.
While the EPA touts the benefits of its proposal as ``burden
reduction'' for industry, I strongly believe that the benefit of
annual, detailed reporting vastly outweighs any reduction in burden
that will be provided to industry. In fact, according to GAO's
estimates, the average cost savings for facilities no longer required
to report their release of toxic chemicals or waste management
practices would be approximately $2.46 per day.
There are constructive ways to improve the TRI program, and lessen
the burdens on industry, without reducing the amount of information
available to the public. These include improving the system for
electronic reporting, and offering technical assistance to help
businesses comply with the requirements.
The bill I introduce today, with Senator Boxer and Senator Menendez
as original co-sponsors, would codify the previous requirement that
facilities with chemical releases of more than 500 pounds of any
standard TRI chemical must disclose the details of their releases.
Releases in amounts less than 500 pounds could continue to use the less
detailed reporting form. Second, it would codify the current
prohibition on using the less detailed form for the most persistent
chemicals, including lead and mercury--those the EPA has classified as
``chemicals of special concern.'' Finally, it would prevent EPA from
making the frequency of reporting less than every year.
I would also like to thank my Congressional colleagues in the House
of Representatives, Frank Pallone of New Jersey, and Hilda Solis of
California, with whom I have been pleased to work on this issue.
Representatives Pallone and Solis are introducing the companion of this
bill in the House; I now look forward to continuing to work with them
and my colleagues in the Senate to ensure its passage.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 595

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Toxic Right-to-Know
Protection Act''.

SEC. 2. MODIFICATIONS IN REPORTING FREQUENCY.

(a) In General.--Section 313 of the Emergency Planning and
Community Right-to-Know Act of 1986 (42 U.S.C. 11023) is
amended--
(1) by striking subsection (i); and
(2) by redesignating subsections (j) through (l) as
subsections (i) through (k), respectively.
(b) Conforming Amendments.--Sections 322(h)(2) and
326(a)(1)(B)(iv) of the Emergency Planning and Community
Right-to-Know Act of 1986 (42 U.S.C. 11042(h)(2),
11046(a)(1)(B)(iv)) are amended by striking ``313(j)'' each
place it appears and inserting ``313(i)''.

SEC. 3. REQUIREMENTS RELATING TO TOXICS RELEASE INVENTORY.

Notwithstanding any other provision of law--
(1) the Administrator of the Environmental Protection
Agency (referred to in this section as the ``Administrator'')
shall establish the eligibility threshold regarding the use
of a form A certification statement under the Toxics Release
Inventory Program established under the Emergency Planning
and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et
seq.) at not greater than 500 pounds for nonpersistent
bioaccumulative and toxic chemicals; and
(2) the use of a form A certification statement described
in paragraph (1), or any equivalent successor to the
statement, shall be prohibited with respect to any chemical
identified by the Administrator as a chemical of special
concern under section 372.28 of title 40, Code of Federal
Regulations (or a successor regulation).
______

By Mrs. FEINSTEIN (for herself, Mrs. Hutchison, Ms. Murkowski,
Mrs. Boxer, Ms. Snowe, Ms. Cantwell, Mrs. Clinton, Mr. Schumer,
Mr. Kyl, Mr. Voinovich, Mr. Durbin, Mr. Dodd, Mr. Domenici, Mr.
Stevens, Mr. Warner, Mr. Salazar, Mr. Biden, Mr. Feingold, Mr.
Graham, Mr. Baucus, Mr. Thomas, Ms. Mikulski, Mr. Leahy, Mr.
Burr, Mr. Brownback, and Mr. Sununu):
S. 597. A bill to extend the special postage stamp for breast cancer
research for 2 years; to the Committee on Homeland Security and
Governmental Affairs.
Mrs. FEINSTEIN. Mr. President. I rise today with Senator Hutchison to
introduce legislation to reauthorize the extraordinarily successful
Breast Cancer Research Stamp for two additional years.
Without Congressional action, this important stamp will expire on
December 31 of this year.
This stamp deserves to be extended as it has proven to be highly
effective.
Since 1998, over 747 million breast cancer research stamps have been
sold--raising $53.76 million for breast cancer research.
California continues to be one of the leading contributors,
purchasing over 47 million stamps with $3.6 million going to research--
almost 15 percent of the nationwide contribution.
Furthermore, in September 2005, the General Accounting Office (GAO)
released a report showing that the Breast Cancer Research Stamp has
been a success and an effective fund-raiser in the effort to increase
funds to fight the disease.
The report also indicated that ``grants funded by NIH and DOD using
Breast Cancer Research Stamp proceeds have produced significant
findings in breast cancer research.''
The National Institutes for Health and the Department of Defense have
received approximately $36.7 million and $15.7 million, respectively,
putting these research dollars to good use by funding innovative
advances in breast cancer research.
For example, a 2002 Department of Defense Concept Award enabled
researchers to develop Medical Hyperspectral Imaging (MHSI) technology.
This method of imaging helps surgeons determine if they have removed
all cancerous tissue during breast cancer surgery.

[[Page S1976]]

Thanks to breakthroughs in cancer research, more and more people are
becoming cancer survivors rather than cancer victims. Every dollar we
continue to raise will help save lives.
One cannot calculate in dollars and cents how the stamp has focused
public awareness on this terrible disease and the need for additional
research funding.
There is still so much more to do because this disease has far
reaching effects on our nation: breast cancer is the second most
commonly diagnosed cancer among women after skin cancer. More than
three million women are living with breast cancer in the U.S. today,
one million of who have yet to be diagnosed. Though much less common,
over 1,700 men were diagnosed with breast cancer last year.
This legislations would: extend the authorization of the Breast
Cancer Research stamp for two additional years--until December 31,
2009; allow the stamp to continue to have a surcharge of up to 25
percent above the value of a first-class stamp with the surplus
revenues going to breast cancer research; not affect any other semi-
postal proposals under consideration by the U.S. Postal Service.
I urge my colleagues to join me and Senator Hutchison in passing this
important legislation to extend the Breast Cancer Research Stamp for
another two years.
Until a cure is found, the money from the sale of this unique postal
stamp will continue to focus public awareness on this devastating
disease and provide hope to breast cancer survivors.
We ask for unanimous consent that the text of the legislation
directly follow this statement in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:

S. 597

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. 2-YEAR EXTENSION OF POSTAGE STAMP FOR BREAST
CANCER RESEARCH.

Section 414(h) of title 39, United States Code, is amended
by striking ``2007'' and inserting ``2009''.
______

By Mr. KERRY (for himself, Ms. Snowe, Ms. Landrieu, Mr. Vitter,
and Mr. Lieberman):
S. 598. A bill to require reporting regarding the disaster loan
program of the Small Business Administration, and for other purposes;
to the Committee on Small Business and Entrepreneurship.
Mr. KERRY. Mr. President, I rise today to introduce the ``Small
Business Disaster Loan Reporting Act of 2007,'' which will require the
Small Business Administration to update its disaster response plan and
to submit detailed disaster loan reports to the Small Business and
Entrepreneurship Committee. This bill is a bipartisan effort, and I
thank Ranking Member Snowe as well as Senators Landrieu, Vitter, and
Lieberman for their efforts in bringing this bill together.
In the months since Hurricane Katrina, Rita and Wilma, I have worked
with other members of the Committee on Small Business and
Entrepreneurship to improve the SBA's disaster loan program. We have
introduced numerous drafts of this legislation, and each time our
reform proposals have been blocked by the administration. While we
continue to work toward passing this comprehensive reforms bill, we
need to address some of the provisions that will assist Congress in
assessing how the SBA's disaster loan program is operating in the
present.
SBA Administrator Steve Preston appeared before the House Committee
on Small Business this morning and admitted that although the SBA has
implemented widespread reforms in its operational approach to
processing and disbursing disaster loans, there is no plan on paper to
speak of that can be provided to Congress. To provide disaster victims
with a quick and effective response in the aftermath of future
disasters, we must continue to evaluate the SBA's programs, building
upon successes and making improvements when we identify agency flaws.
It is imperative that the SBA review its disaster response plan in
preparation for the 2007 hurricane season, and this bill requires the
SBA to do so and to submit its changes to our Committee and the House
Small Business Committee for review.
Last February, while thousands of Gulf Coast hurricane victims sat
waiting for promised disaster relief to arrive, the SBA nearly ran out
of money twice for its Disaster Assistance program. It required two
emergency acts of Congress to keep the program running. Despite knowing
about these funding issues well in advance, the SBA chose not to
disclose the problem to its authorizing Committee until just before the
issue came to a head. With greater coordination and transparency,
Congress can work with the SBA to ensure that this essential disaster
response program does not run the risk of shutting down. This bill
requires the SBA to provide the Committee with detailed monthly and
daily reports to update us on the program's lending volumes as well as
funding levels. It also requires the SBA to notify its oversight
committees when it will be seeking supplemental funding. Making the
disaster loan program transparent for our review is crucial in creating
a system that provides timely and valuable assistance to victims of
disasters, and this legislation will help to do that.
The SBA's failure to act quickly and effectively in response to the
devastation of the 2005 hurricanes was unacceptable, but as we have
learned from the continuing devastation in those areas, long-term
disaster assistance for our small businesses also requires attention to
federal procurement requirements. Small businesses need to play a
leading role in rebuilding these areas. This legislation requires the
SBA to report to Congress the number of contracts awarded to small
businesses following disaster declarations, because continued
assistance and government contracts for small businesses in these areas
help to empower entrepreneurs to make their homes and cities vibrant
once again.
This bill will improve the SBA disaster loan program in allowing
better congressional oversight to ensure the agency is giving
entrepreneurs the tools they need to make a difference in their
communities after a disaster.
______

By Ms. SNOWE (for herself, Ms. Landrieu, and Mr. Vitter):
S. 599. A bill to improve the disaster loan program of the Small
Business Administration, and for other purposes; to the Committee on
Small Business and Entrepreneurship.
Ms. SNOWE. Mr. President, I rise today to introduce with Senator
Landrieu and Senator Vitter the ``Private Disaster Loans Act of 2007.''
This legislation streamlines the current disaster loan program and
allows private banks to make loans to disaster victims.
As ranking member of the Committee on Small Business and
Entrepreneurship, I am committed to providing the Small Business
Administration, SBA, with the tools necessary to help small businesses
and homeowners recover in the wake of a disaster. With the SBA at the
forefront of disaster relief efforts, Congress must support the agency
to ensure that this country's 25 million small businesses have a
resource they can depend on when disaster strikes. It is essential that
we create a program to utilize existing infrastructure and provide
immediate, much-needed aid to disaster victims.
I have made reforming and improving the disaster loan program a top
priority. The legislation I am introducing today, the Private Disaster
Loans Act of 2007, is designed to remedy some of the problems that
prevented or delayed disaster victims from receiving immediate and
necessary funding following the 2005 gulf coast hurricanes. Homeowners
and businesses are the bedrock of communities across this Nation, and
keeping them healthy, happy, and economically viable will enhance and
improve the disaster recovery process. My bill is an important step in
the right direction.
The creation of private disaster loan program will give the SBA the
opportunity to work with private banks to improve the lending process
in the wake of another devastating disaster, as in the case of
September 11 or the 2005 gulf coast hurricanes. Because these private
disaster loans will be made by qualified private lenders, borrowers
will have an efficient alternative for accessing disaster assistance
instead of depending solely on the SBA.
Under my proposal, the maximum PDL loan size will be $2 million, with
a

[[Page S1977]]

maximum SBA guaranty of 85 percent, no matter the size of the loan. The
maximum term will be 25 years if collateral is involved; otherwise, the
maximum term for uncollateralized loans will be 15 years. These loans
can be used for any purposes that are authorized under the standard SBA
disaster loan program.
There will be no SBA guaranty fee for PDLs. In addition, there will
be a loan origination fee paid to lenders by the SBA using authorized
funds appropriated for the standard disaster loan program.
The size standard used to determine a borrower's eligibility for the
PDL program will be the standard currently used in the 7(a) or 504 loan
program. This will provide greater flexibility to the lenders and
foster more incentive for use of the program.
For documenting each loan, lenders would be allowed to use their own
documents, subject to SBA approval, and would also be permitted to
create an internet, or electronic, application process.
As we learned all too well after the 2005 gulf coast hurricanes, it
is critical for our Government agencies to be as prepared as possible
when disaster strikes. As we move forward during the 110th Congress, I
look forward to working with my colleagues in Congress to get this
vital legislation passed, and to support the SBA in its continuing
mission to assist the country's small business community.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:

S. 599

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Private Disaster Loans Act
of 2007''.

SEC. 2. PRIVATE DISASTER LOANS.

(a) In General.--Section 7 of the Small Business Act (15
U.S.C. 636) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Private Disaster Loans.--
``(1) Definitions.--In this subsection--
``(A) the term `disaster area' means a county, parish, or
similar unit of general local government in which a disaster
was declared under subsection (b);
``(B) the term `eligible small business concern' means a
business concern that is--
``(i) a small business concern, as defined in this Act; or
``(ii) a small business concern, as defined in section 103
of the Small Business Investment Act of 1958; and
``(C) the term `qualified private lender' means any
privately-owned bank or other lending institution that the
Administrator determines meets the criteria established under
paragraph (9).
``(2) Authorization.--The Administrator may guarantee
timely payment of principal and interest, as scheduled on any
loan issued by a qualified private lender to an eligible
small business concern located in a disaster area.
``(3) Use of loans.--A loan guaranteed by the Administrator
under this subsection may be used for any purpose authorized
under subsection (b).
``(4) Online applications.--
``(A) Establishment.--The Administrator may establish,
directly or through an agreement with another entity, an
online application process for loans guaranteed under this
subsection.
``(B) Other federal assistance.--The Administrator may
coordinate with the head of any other appropriate Federal
agency so that any application submitted through an online
application process established under this paragraph may be
considered for any other Federal assistance program for
disaster relief.
``(C) Consultation.--In establishing an online application
process under this paragraph, the Administrator shall consult
with appropriate persons from the public and private sectors,
including private lenders.
``(5) Maximum amounts.--
``(A) Guarantee percentage.--The Administrator may
guarantee not more than 85 percent of a loan under this
subsection.
``(B) Loan amounts.--The maximum amount of a loan
guaranteed under this subsection shall be $2,000,000.
``(6) Loan term.--The longest term of a loan for a loan
guaranteed under this subsection shall be--
``(A) 15 years for any loan that is issued without
collateral; and
``(B) 25 years for any loan that is issued with collateral.
``(7) Fees.--
``(A) In general.--The Administrator may not collect a
guarantee fee under this subsection.
``(B) Origination fee.--The Administrator may pay a
qualified private lender an origination fee for a loan
guaranteed under this subsection in an amount agreed upon in
advance between the qualified private lender and the
Administrator.
``(8) Documentation.--A qualified private lender may use
its own loan documentation for a loan guaranteed by the
Administrator, to the extent authorized by the Administrator.
The ability of a lender to use its own loan documentation for
a loan offered under this subsection shall not be considered
part of the criteria for becoming a qualified private lender
under the regulations promulgated under paragraph (9).
``(9) Implementation regulations.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Private Disaster Loans Act of 2007, the
Administrator shall issue final regulations establishing
permanent criteria for qualified private lenders.
``(B) Report to congress.--Not later than 6 months after
the date of enactment of the Private Disaster Loans Act of
2007, the Administrator shall submit a report on the progress
of the regulations required by subparagraph (A) to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives.
``(10) Authorization of appropriations.--
``(A) In general.--Amounts necessary to carry out this
subsection shall be made available from amounts appropriated
to the Administration under subsection (b).
``(B) Authority to reduce interest rates.--Funds
appropriated to the Administration to carry out this
subsection, may be used by the Administrator, to the extent
available, to reduce the applicable rate of interest for a
loan guaranteed under this subsection by not more than 3
percentage points.''.
(b) Effective Date.--The amendments made by this section
shall apply to disasters declared under section 7(b)(2) of
the Small Business Act (631 U.S.C. 636(b)(2)) before, on, or
after the date of enactment of this Act.

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 4(c)--
(A) in paragraph (1), by striking ``7(c)(2)'' and inserting
``7(d)(2)''; and
(B) in paragraph (2)--
(i) by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and
(ii) by striking ``7(e),''; and
(2) in section 7(b), in the undesignated matter following
paragraph (3)--
(A) by striking ``That the provisions of paragraph (1) of
subsection (c)'' and inserting ``That the provisions of
paragraph (1) of subsection (d)''; and
(B) by striking ``Notwithstanding the provisions of any
other law the interest rate on the Administration's share of
any loan made under subsection (b) except as provided in
subsection (c),'' and inserting ``Notwithstanding any other
provision of law, and except as provided in subsection (d),
the interest rate on the Administration's share of any loan
made under subsection (b)''.
______

By Mr. SMITH (for himself, Mr. Dodd, Ms. Collins, Ms. Snowe, Mr.
Kennedy, Mr. Vitter, and Mr. Bingaman):
S. 600. A bill to amend the Public Health Service Act to establish
the School-Based Health Clinic program, and for other purposes; to the
Committee on Health, Education, Labor, and Pensions.
Mr. SMITH. Mr. President, today, I am honored to introduce the School
Based Health Clinic Act of 2007. I developed this legislation in
partnership with parents and healthcare advocates, all of whom are
affiliated with Oregon's vibrant school based health center network.
This important legislation will create a federal authorization to
support the work of school based health centers (SBHCs) across the
Nation. I am pleased to be joined by my colleagues, Senators Dodd,
Snowe, Collins, Kennedy, Vitter and Bingaman.
Currently, there are approximately 1700 SBHCs operating across the
country, and Oregon is home to 44 of them. These special health
clinics--with the input of parents, school personnel, healthcare
providers and other youth advocate--provide vital primary and mental
healthcare services to all children, regardless of their income or
insurance status. Communities around the country are beginning to
realize the enormous benefits of SBHCs, not only to the health of
children, but to the broader healthcare system. Study after study show
that SBHCs can help curtail inappropriate emergency room use, reduce
Medicaid expenditures and prevent costly hospitalizations. Findings
such as these have convinced me that Congress should be supporting
programs like SBHCs that provide convenient points of access to basic
healthcare services.
Along with Community Health Centers, SBHCs serve as an invaluable

[[Page S1978]]

component of the Nation's healthcare safety net. Sadly, more than nine
million children in the U.S. still lack any form of health insurance
coverage. As a consequence, they face enormous challenges in accessing
primary, preventive and mental health services. Even those children who
are fortunate to have consistent health coverage face access barriers,
which may result in increased absences or undiagnosed health
conditions. SBHCs help tear down those barriers so that all children--
regardless of insurance or socioeconomic status--have access to a
comprehensive range of health services.
What truly sets SBHCs apart is their unique model of delivering care.
Working with parents, school personnel and other community based
programs, they provide direct care in a manner that helps foster the
development of positive behaviors and long-term healthy lifestyles.
They also play an important role in helping students achieve their full
academic potential. An Oregon survey found that 75 percent of SBHC
users would have missed one or more classes if they had to seek
treatment in a traditional care setting. Clearly, SBHCs play a vital
role not only in keeping children healthy, but in supporting their
long-term educational success. We cannot expect children to excel in
the classroom if they are forced to miss school to seek treatment from
a traditional healthcare provider.

Despite the enormous value they add to our nation's educational and
healthcare systems, SBHCs receive little to no federal support. Most of
their funding comes from state and local resources, patient revenue and
private contributions. However, as budgets tighten and deficits grow
larger, SBHCs find themselves competing alongside other programs for
limited public health dollars. Many have been forced to scale back
services or close altogether.
Some SBHCs have been fortunate to receive limited support through the
Federal Community Health Center (CHC) program, if they are affiliated
with or operated by a center. While this relationship has proven
beneficial, over time it has placed an increasing demand on CHC's
source of revenue and has limited the ability of SBHCs to cultivate the
resources needed to expand into other vulnerable and underserved areas.
To realize their full potential, the Federal Government needs to
establish a separate authorization for SBHCs. Even a small amount of
Federal support can serve as much needed seed money to attract funding
from other sources. In Oregon, centers have been able to generate as
much as $3 to $4 dollars in funding from other public and private
sources with every $1 of State general revenue. This clearly
underscores the value of the SBHC-model of service delivery to the
government. My legislation is asking for only a $50 million annual
appropriation to support the work of SBHCs--an investment that could
lead to a return many times over.
As Congress prepares to consider the reauthorization of the State
Children's Health Insurance Program this year, my colleagues and I have
turned our attention to finding innovative and effective ways we can
support the health and well-being of our Nation's children. I am
hopeful that along with that important piece of legislation, we also
can generate the support to pass the School Based Health Clinics
Establishment Act. I believe we must support a variety of means of
healthcare access so that all children are able to receive the care
they need to stay healthy and well-prepared to excel in their
educational pursuits.
Mr. DODD. Mr. President, today, Senator Smith and I are introducing
the School-Based Health Clinic Establishment Act of 2007. This
legislation will assist in the operation of school-based health clinics
(SBHCs) which provide comprehensive and accessible primary health care
services to medically underserved youth.
Why is this legislation needed? Let's look at the facts. We have more
than eight million children in this country who have no health
insurance. According to recent data released by the Department of
Health and Human Services, between 2003-2005, the percentage of high
school students who reported smoking cigarettes was around 23 percent.
In 2005, 30 percent of students in grades 11-12 reported binge
drinking, which is five or more alcoholic drinks in a row. Twenty-two
percent of students in grades 11 and 12 reported using marijuana in the
past month.
In addition, the same Department of Health and Human Services report
found that the United States spends more on health per capita than any
other country. The report, ``Health, United States 2006,'' specifically
stated that ``much of this spending is for care that controls or
reduces the impact of chronic diseases and conditions affecting an
aging population.'' Fewer dollars are spent on preventative care for
our children.
Another fact I would like to bring to your attention is one found in
a document released today by the United Nations Children's Fund. The
U.N. Children's Fund report found that the United States ranks last in
child health and safety, with the highest rates of relative child
poverty and teenage obesity.''
The points I have just made should not only shock us, but should be a
wake-up call to each member of this body and to the American people
that we need to take action and we need to take it now.
With the introduction of the School-Based Health Clinic Establishment
Act of 2007, Senator Smith and I are seeking to change the data I have
outlined. School-based health clinics, where available, have a
demonstrated record of improving the health care of our nation's youth.
A study by Johns Hopkins University found that SBHCs reduced
inappropriate emergency room use and increased primary care
utilization, which resulted in fewer hospitalizations for those who
used SBHCs. SBHCs also save money. For example, the Emory University
School of Public Health attributed a reduction in Medicaid expenditures
related to inpatient care and emergency department registration to the
use of SBHCs.
In Connecticut, we have 73 school-based health clinics. The SBHCs
have provided health care to many elementary, middle, and high school
students who would not have access to care if SBHCs did not exist. The
Connecticut clinics provide an array of services such as comprehensive
physical and mental health assessments, dental care, asthma treatment,
and conflict resolution.
The bill we are introducing today will help enable school-based
health clinics to continue providing these much needed services.
Although these clinics function totally in accordance with state laws
and regulations, the federal government needs to provide funding so
these clinics can continue to be a key component of our health care
delivery system.
This year, we will be working on the reauthorization of the State
Children's Health Insurance Program (SCHIP). The program was created to
provide health care to millions of children who were previously
uninsured. SCHIP is an outstanding program. I believe the ``School-
Based Health Clinic Establishment Act of 2007'' would be a good
complement to SCHIP.
The School-Based Health Clinic Establishment Act of 2007 is an
important step in making sure that the next time the United Nations
Children's Fund issues their rankings on children's quality of life,
that the United States is no longer listed in last place. I look
forward to working with Sen. Smith and my colleagues to see that this
legislation is not only passed by this body soon, but that it is signed
into law.
______

By Mr. BAYH (for himself, Mr. Coburn, Mr. Obama, Mr. Levin, Mr.
Kerry, Mr. Carper, Mr. Durbin, Mrs. Feinstein, Mr. Schumer, Ms.
Klobuchar, Mr. Lieberman, Mr. Biden, Mr. Brown, Ms. Stabenow,
Mrs. Clinton, Mr. Leahy, and Mr. Kennedy):
S. 601. A bill to amend the Internal Revenue Code of 1986 to require
broker reporting of customer's basis in securities transactions, and
for other purposes; to the Committee on Finance.
Mr. BAYH. Mr. President, today Senator Tom Coburn, Representatives
Rahm Emanuel and Walter Jones and I, in the House of Representatives,
are re-introducing bipartisan legislation to close the capital gains
tax gap. The legislation, entitled the Simplification Through
Additional Reporting Tax

[[Page S1979]]

(START) Act of 2007, will require brokerage houses and mutual fund
companies to track and report cost basis information to their customers
and the IRS. In the Senate, the legislation has 15 original co-
sponsors: Senators Coburn, Biden, Brown, Carper, Clinton, Durbin,
Feinstein, Kennedy, Kerry, Leahy, Levin, Lieberman, Obama, Klobuchar,
Schumer, and Stabenow. The House version has seven co-sponsors. The
legislation is based upon a recommendation made by the National
Taxpayer Advocate, the organization created as part of the 1998 IRS
Restructuring and Reform Act whose explicit purpose is to make
recommendations to Congress to simplify the tax code.
As you can see from the members that are supporting this proposal,
addressing the issue of the tax gap is not a partisan issue. Taxpayers
who pay the right amount each year should not be subsidizing those who
don't. According to the National Taxpayer Advocate, Nina Olson, honest
taxpayers are paying an additional $2700 in taxes to subsidize
dishonest taxpayers.
It is also an issue of fairness. Middle-class Americans cannot
underpay their taxes because their employers submit wage information
reports, called W-2s, to the IRS. If a factory worker in Kokomo,
Indiana underreports his income, the IRS is going to know about it
because his employer sent his wage report to the IRS. By contrast,
taxpayers who rely on stocks and bonds for their income are on the
honor system to report their income accurately because the IRS receives
virtually no information on what taxpayers paid for their investment. A
$17 billion capital gains tax gap is ample proof that there are some
taxpayers that are doing some Enron accounting when it comes to paying
their capital gains taxes.
This is also an economic issue--we are failing to collect, at a
minimum, $345 billion in taxes that are legally owed each year. In
light of our economic challenges--a national debt approaching $9
trillion, the eve of the Baby Boomer retirement only a year away--
Democrats and Republicans need to come together and address this issue
as a first step toward solving our longer-term fiscal challenges. This
bill is only a small part of the solution but hopefully this will pave
the way for other practical solutions that not only close the tax gap
but also simplify the tax code.
The START Act of 2007 requires brokerage houses and mutual fund
companies to track and report the purchase price of a security, plus
any adjustments, to their customers and the IRS. This simple change
will allow taxpayers to have accurate information regarding their
investments, saving them considerable time and effort when they file
their taxes and have to figure out how much they owe each year in
capital gains taxes. For the average taxpayer with capital gains,
simply filling out the capital gains tax form adds 12 hours to the tax
return filing process--more than a full work day. According to a recent
GAO report, over one-third of taxpayers with capital gains or losses
are not paying the right amount in taxes.
The problem involves people who are cheating the system and
underpaying the amount of capital gains taxes that they owe, but also
involves honest taxpayers who are simply overwhelmed by the complexity
of the tax code and make mistakes. A principal reason for the
complexity involved in paying capital gains taxes is the need to obtain
what is called ``adjusted cost basis'' information, a technical term
for the purchase price of an investment, plus any necessary changes.
This bill closes the loophole that dishonest taxpayers are using, but
also offers a hand to taxpayers who spend hours simply trying to fill
out the capital gains portion of their tax return.
The bill will also help the IRS enforce the law and close the capital
gains loophole. For the first time, the IRS will have the ability to
see both sides of the picture, the purchase price and the sell price of
a security. For decades, the IRS has only had half the picture. The IRS
receives information about the price of a security when it is sold, but
doesn't receive any information about the purchase price of the
security.
This loophole has resulted in the Federal Government being short-
changed by $17 billion per year in capital gains taxes owed but not
paid. With the passage of this bill, the capital gains reporting
loophole will be eliminated.
I first introduced this proposal in the 109th Congress and,
unfortunately, no action was taken on the bill. However, over the
course of the past year, this proposal gained significant momentum, in
part due to work done by the non-partisan General Accountability Office
(GAO) and the Joint Committee on Taxation. Both of these organizations
evaluated this proposal and made a recommendation to Congress that it
be adopted.
There has also been significant activity in the Congress. Last year
alone, Congress held 7 hearings on the tax gap and Sen. Coburn's
Homeland Security subcommittee held one of those hearings that
specifically focused on this proposal. During that hearing, IRS
Commissioner Mark Everson recommended this approach. The proposal also
has support from non-profit taxpayer groups, such as the Citizens for
Tax Justice.
In addition to the bipartisan support our bill enjoys in the House
and Senate, last week President Bush included this proposal in his
budget submission. With the introduction of the President's proposal,
the Securities Industry and Financial Markets Association, the
preeminent association representing the securities and bond industry,
publicly stated that the proposal was ``very constructive.''
In conclusion, this should be an issue that honorable members from
both sides of the aisle can agree needs to be addressed. Democrats and
Republicans will fight endlessly about what tax rates should be, but I
believe all members should agree on the principle that all taxpayers
should pay what you owe. We should also all agree that we need to
reduce our deficit, simplify the tax-filing process, and promote a fair
and equitable tax system. The START Act of 2007 is intended to make
progress on all of these goals. I hope it can start a civil
conversation about ways to improve our tax system. I look forward to
working with all interested parties to craft a workable proposal that
provides some needed relief to our overburdened taxpayers.
Mr. OBAMA. Mr. President, I rise to speak in favor of a bill I am
proud to introduce today with Senators Bayh and Coburn to help close
the tax gap by improving the reporting of capital gains income. This
bill requires brokerage firms and mutual fund companies to track and
report the adjusted cost basis of their clients' stock, bond, and
mutual fund investments.
This bill is a simple, commonsense solution to a serious problem.
Many taxpayers have a hard enough time filing their taxes. One of the
most complex parts of an individual's tax return is the schedule for
capital gains income. And what makes capital gains particularly
difficult is the challenge of figuring out the adjusted basis of a
security that has been sold.
Many taxpayers lack the proper records or knowledge to calculate
adjusted basis for a stock that has split or been exchanged as part of
a company's merger or acquisition. And right now, the IRS does not have
the ability to monitor the accuracy of taxpayer calculations. As a
result, there is a clear risk of error or fraud. In some cases,
taxpayers may end up paying too much in taxes. More often, they report
too little income and thus pay too little in taxes.
In 2001, the IRS estimated that underreporting cost the Treasury $11
billion annually. Today the loss is even greater.
Because the IRS fails to collect these funds, the rest of us have to
pay higher taxes than we should. Most people pay their taxes honestly
and follow the law to the best of their ability. But a small number of
tax frauds--who often owe great amounts of taxes--cheat the system. And
it's hard now for the IRS to stop them.
This bill makes it easier to stop these cases of fraud and it helps
reduce the amount of Federal tax dollars owed that the IRS fails to
collect each year. Brokerage firms and mutual fund companies will be
required to keep track of a taxpayer's cost basis and to report that
information to the IRS. This will make it easier for honest taxpayers
to calculate their taxable capital gain, and harder for dishonest
taxpayers to lie about it. Based on information from

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the Taxpayer Advocate, reporting to the IRS can improve compliance of
capital gains reporting from an estimated 50 percent today to 90
percent.
Fortunately, this new reporting requirement will not pose an undue
burden to the financial firms affected. First, the firms will have
plenty of time to put the necessary systems in place since the
reporting requirement will not take effect until 2009, and then will
only apply to securities acquired starting in 2009. Second, technology
has made tracking by financial firms simple and efficient. More than 80
percent of all retail accounts already subscribe to a national
reporting service for transferring basis information at a nominal cost
per account. Finally, in cases where it is impossible to track basis,
the Treasury Secretary and the IRS may develop regulations to require
alternative information.
It is estimated that $345 billion of Federal taxes goes uncollected
each year. This bill doesn't solve that full problem, but it is a step
in the right direction. It reduces the Federal deficit without raising
taxes or cutting spending. It simplifies the tax filing process and
reduces the chance of error or fraud. It applies what we know about the
clear benefits of automatic reporting to the IRS--which is required now
for wage income--to capital gains income as well.
This bill makes sense. It's good policy. And I urge my colleagues to
join me in supporting it and in helping to improve our tax code.

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