[Pages S3751-S3758]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

By Mr. REID (for himself and Mr. Sanders):
S. 986. A bill to expand eligibility for Combat-Related Special
Compensation paid by the uniformed services in order to permit certain
additional retired members who have a service-connected disability to
receive both disability compensation from the Department of Veterans
Affairs for that disability and Combat-Related Special Compensation by
reason of that disability; to the Committee on Armed Services.
Mr. REID. Mr. President, before I introduce my legislation, The
Combat Related Special Compensation Act of 2007, I would like to
briefly talk about the unfair treatment and the deplorable health care
conditions found at the Walter Reed Army Medical Center. I feel that
the current situation there has some bearing on my legislation.
Walter Reed is one of the Army's best-known and premier medical
facilities for wounded service members in the country. Numerous reports
by the Government Accounting Office and transcripts of congressional
testimony

[[Page S3752]]

indicate that many of our military facilities for wounded outpatients
are in disarray. These facilities are plagued by mold, mice, stained
carpets, and a system ill equipped to handle another generation of
psychologically scarred veterans.
Nearly 4,000 outpatients are currently in the military's Medical
Holding companies, which oversee the wounded. Soldiers and veterans
across the country report bureaucratic neglect similar to Walter
Reed's: untrained staff; misplaced paperwork; lost computer generated
medical appointments; and long waits for consultations. These serious
problems have resulted from bureaucratic red tape and substandard
health care conditions. This situation is unacceptable. We have not
fulfilled our covenant, nor have we kept our promise to take care of
our troops.
Our dedicated service members took an oath to serve our Nation. We as
policy makers have a moral obligation to take care of these dedicated
service men and women that have shown heroic patriotism in Afghanistan
and Iraq.
``As described in the Washington Post'', It is not just a problem at
Walter Reed: others describe depressing living conditions for
outpatients at military bases throughout the country. Let me share with
you the comments of a 70-year-old soldier, Mr. Oliva, who is worried
about the military health care our wounded will receive. He described
his own troubling experiences at the VA hospital in Livermore, CA.
``It is not just Walter Reed,'' Mr. Oliva states. ``The VA hospitals
are not good either except for the staff members who work so hard. It
brings tears to my eyes when I see my brothers and sisters having to
deal with these conditions.''
Mr. Oliva is but one voice in a vast outpouring of emotion and anger
about the treatment of wounded outpatients at Walter Reed. Stories of
neglect and substandard care have flooded in from soldiers, their
family members, veterans, doctors and nurses working inside the system.
This is appalling and an embarrassment to our Nation.
I am particularly concerned that some of the highest ranking
officials were aware of the problem for almost two years, but took no
action to correct the situation. While we have seen some positive signs
from the fallout over the scandal, such as the firing of the head of
Walter Reed and the establishment of a bipartisan commission, more must
be done.

Our soldiers receive first class care in combat, and they should
receive the same level of care in our own country. Congress must lead
the way in this effort. We must continue our efforts and pass
legislation that will improve the quality of life for all of America's
heroes, including providing them with the benefits they have earned.
Today, I join with many of my Senate colleagues to fight and end the
ban on current receipt so that disabled veterans can get the fair
benefits they deserve. We have made some progress over the last few
years, but as everyone knows, we still have a lot of work to do.
The legislation I am introducing today--the Combat-Related Special
Compensation Act of 2007, would continue to chip away at this unfair
policy, by giving pro-rated retirement benefits to our service men and
women who are forced into early retirement because of their combat-
related injuries.
Our veterans on a day-to-day basis sacrifice their life for our
country. As public servants, we Americans owe it to our dedicated
service men and women to end this inequity. We must support our troops;
we must ensure that those who serve us with dignity and valor receive
these deserving benefits. They have earned it and they deserve it.
My legislation will take care of soldiers who had hoped to make the
military a career, but were discharged prematurely for an injury
sustained in combat and forced to retire medically before attaining 20
years of service.
Like many of you, I have visited military hospitals on several
occasions and have seen first hand the injuries sustained by our
military personnel. Many of the members have reached the 10-, 12-, 14-
year marks of their military careers and have been forced to retire
medically before they meet the 20-year requirement to receive full
benefits. Right now, these soldiers receive combat-related disability
benefits, but are not eligible to receive retirement benefits because
they cannot fulfill the 20-year service requirement.
This is a travesty to treat our dedicated service men and women
inequitably. It's wrong.
We should not penalize veterans because they incurred a combat-
related injury while serving their country. This legislation will
ensure they will receive both their prorated military retirement pay,
along with their disability compensation.
Let me point out that this legislation is especially important given
the injuries sustained by these troops that are currently serving in
Afghanistan, Iraq, and other theaters throughout the world. This
legislation is essential for the more than 23,000 injured personnel who
are returning from war. The widespread use of improvised explosive
devices (IED) has created numerous amputees and therefore, result in an
increase in medically discharged veterans. As described in stories
reported by the Washington Post, a 25-year-old soldier got to close to
an IED in Iraq and was sent to Walter Reed, where doctors did all they
could before shipping the soldier to the VA for the remainder of his
life. Will this young soldier be one of the victims of war that do not
receive disability compensation and military retirement pay?
Mr. President, ensuring our veterans receive retirement benefits they
have earned is the right thing to do, especially in light of recent
issues surrounding the treatment of patients at Walter Reed. We must
never forget the sacrifices our service men and women have made to
protect our freedom. They serve because they love this great country.
Taking care of our veterans is not only the right thing to do; it is
also important for our efforts to win the war on terror. In our all-
volunteer military, it is critical to attract and retain professional
and dedicated soldiers. In turn, they expect that we will honor our
commitments to provide health care and other primary benefits for them
and their families.
By ending this unfair policy, we now have an opportunity to show our
gratitude to our veterans. If we are to truly honor the sacrifices of
our veterans, we need to ensure that those who were injured in defense
of our Nation receive these well deserved benefits.
While our Nation is at war, there is no better honor we could bestow
upon them than to pass this legislation.
Mr. President, I ask unanimous consent that the text of this
legislation be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 986

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 ``Combat-Related Special
Compensation Act of 2007''.

SEC. 2. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION
ELLGIBILITY FOR CHAPTER 61 MILITARY RETIREES.

(a) Eligibility.--Subsection (c) of section 1413a of title
10, United States Code, is amended by striking ``entitled to
retired pay who--'' and all that follows and inserting
``who--
``(1) is entitled to retired pay (other than by reason of
section 12731b of this title); and
``(2) has a combat-related disability.''.
(b) Computation.--Paragraph (3) of subsection (b) of such
section is amended--
(1) by designating the text of that paragraph as
subparagraph (A), realigning that text so as to be indented 4
ems from the left margin, and inserting before ``In the case
of'' the following heading: ``In general.--''; and
(2) by adding at the end the following new subparagraph:
``(B) Special rule for retirees with fewer than 20 years of
service.--In the case of an eligible combat-related disabled
uniformed services retiree who is retired under chapter 61 of
this title with fewer than 20 years of creditable service,
the amount of the payment under paragraph (1) for any month
shall be reduced by the amount (if any) by which the amount
of the member's retired pay under chapter 61 of this title
exceeds the amount equal to 21\1/2\ percent of the member's
years of creditable service multiplied by the member's
retired pay base under section 1406(b)(1) or 1407 of this
title, whichever is applicable to the member.''.
(c) Effective Date.---The amendments made by this section
shall take effect on January 1, 2008, and shall apply to
payments for months beginning on or after that date.
______

By Mr. BINGAMAN (for himself and Mr. Domenici):

[[Page S3753]]

S. 987. A bill to enhance the energy security of the United States by
promoting biofuels and for other purposes; to the Committee on Energy
and Natural Resources.
Mr. President, I am very pleased to introduce the Biofuels for Energy
Security and Transportation Act of 2007, along with my co-sponsor,
Senator Domenici. This bipartisan bill will increase our use of home-
grown biofuels and reduce our dependence on imported oil.
The bill establishes a new Renewable Fuel Standard. Starting in 2008,
the new renewable fuel standard will require 8.5 billion gallons of
renewable fuel. The standard increases gradually to 15 billion gallons
per year by 2015. After 2015, a complementary ``advanced biofuel''
standard takes effect. This standard requires 3 billion gallons per
year of advanced biofuels in 2016 and increases steadily to reach 21
billion gallons per year in 2022, for a total renewable fuel standard
of 36 billion gallons per year in 2022.
The bill includes a number of provisions to expand the renewable
transportation fuel infrastructure of the United States. A pilot
program for renewable fuel corridors is created. Funding for biofuels
research is increased, with new research centers established to include
more of the country's diverse biofuels feedstocks. To promote the
growth of local biorefineries, a national biorefinery information
center is established. Further toward that end, a competitive grant
program is established to develop infrastructure to support local
biorefineries.
Finally, the bill calls for a number of studies that will explore how
we should move forward with biofuels. Studies include: the feasibility
of nationwide ethanol blended gasoline at levels between 10 and 25
percent (E10 to E25); the feasibility of dedicated ethanol pipelines;
optimization of flex fuels vehicles, which are currently optimized to
run on gasoline, to run on E85; an assessment of the state of advanced
biofuels technology, in advance of the advanced biofuel standard in
2015; and allowing for renewable fuel standard credit generation
through plug in hybrids.
The introduction of this bill is the beginning of what I hope will be
a substantive exploration of the comprehensive set of issues
surrounding the role of biofue1s in meeting our future energy security.
Mr. President, I ask unanimous consent that the full text of the bill
be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

S. 987

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Biofuels
for Energy Security and Transportation Act of 2007''.
(b) Table of Contents.--The table of contents of this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

TITLE I--RENEWABLE FUEL STANDARD

Sec. 101. Renewable fuel standard.

TITLE II--RENEWABLE FUELS INFRASTRUCTURE

Sec. 201. Infrastructure pilot program for renewable fuels.
Sec. 202. Bioenergy research and development.
Sec. 203. Bioresearch centers for systems biology program.
Sec. 204. Loan guarantees for renewable fuel facilities.
Sec. 205. Grants for renewable fuel production research and development
in certain States.
Sec. 206. Grants for infrastructure for transportation of biomass to
local biorefineries.
Sec. 207. Biorefinery information center.
Sec. 208. Conversion assistance for cellulosic biomass, waste-derived
ethanol, approved renewable fuels.
Sec. 209. Alternative fuel database and materials.
Sec. 210. Fuel tank cap labeling requirement.

TITLE III--STUDIES

Sec. 301. Study of advanced biofuels technologies.
Sec. 302. Study of increased consumption of ethanol-blended gasoline
with higher levels of ethanol.
Sec. 303. Pipeline feasibility study.
Sec. 304. Study of optimization of alternative fueled vehicles to use
E-85 fuel.
Sec. 305. Study of credits for use of renewable electricity in electric
vehicles.

SEC. 2. DEFINITIONS.

In this Act:
(1) Advanced biofuel.--
(A) In general.--The term ``advanced biofuel'' means fuel
derived from renewable biomass other than corn kernels.
(B) Inclusions.--The term ``advanced biofuel'' includes--
(i) ethanol derived from cellulose, hemicellulose, or
lignin;
(ii) ethanol derived from sugar or starch, other than
ethanol derived from corn kernels;
(iii) ethanol derived from waste material, including crop
residue, other vegetative waste material, animal waste, and
municipal solid waste;
(iv) diesel-equivalent fuel derived from renewable biomass,
including vegetable oil and animal fat;
(v) biogas produced by the anaerobic digestion or
fermentation of organic matter from renewable biomass; and
(vi) butanol produced by the fermentation of renewable
biomass.
(2) Cellulosic biomass ethanol.--The term ``cellulosic
biomass ethanol'' means ethanol derived from any cellulose,
hemicellulose, or lignin that is derived from renewable
biomass.
(3) Conventional biofuel.--The term ``conventional
biofuel'' means ethanol derived from corn kernels.
(4) Renewable biomass.--
(A) In general.--The term ``renewable biomass'' means any
organic matter that is available on a renewable or recurring
basis.
(B) Inclusions.--The term ``renewable biomass'' includes--
(i) renewable plant material, including--

(I) feed grains;
(II) other agricultural commodities;
(III) other plants and trees grown for energy production;
and
(IV) algae; and

(ii) waste material, including--

(I) crop residue;
(II) other vegetative waste material (including wood waste
and wood residues);
(III) animal waste and byproducts (including fats, oils,
greases, and manure); and
(IV) municipal solid waste.

(C) Exclusions.--The term ``renewable biomass'' does not
include old-growth timber of a forest from the late
successional stage of forest development.
(5) Renewable fuel.--
(A) In general.--The term ``renewable fuel'' means motor
vehicle fuel, boiler fuel, or home heating fuel that is--
(i) produced from renewable biomass; and
(ii) used to replace or reduce the quantity of fossil fuel
present in a fuel mixture used to operate a motor vehicle,
boiler, or furnace that would otherwise operate using fossil
fuel.
(B) Inclusion.--The term ``renewable fuel'' includes--
(i) conventional biofuel; and
(ii) advanced biofuel.
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(7) Small refinery.--The term ``small refinery'' means a
refinery for which the average aggregate daily crude oil
throughput for a calendar year (as determined by dividing the
aggregate throughput for the calendar year by the number of
days in the calendar year) does not exceed 75,000 barrels.

TITLE I--RENEWABLE FUEL STANDARD

SEC. 101. RENEWABLE FUEL STANDARD.

(a) Renewable Fuel Program.--
(1) Regulations.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the President shall promulgate
regulations to ensure that motor vehicle fuel, home heating
oil, and boiler fuel sold or introduced into commerce in the
United States (except in noncontiguous States or
territories), on an annual average basis, contains the
applicable volume of renewable fuel determined in accordance
with paragraph (2).
(B) Provisions of regulations.--Regardless of the date of
promulgation, the regulations promulgated under subparagraph
(A)--
(i) shall contain compliance provisions applicable to
refineries, blenders, distributors, and importers, as
appropriate, to ensure that the requirements of this
subsection are met; but
(ii) shall not--

(I) restrict geographic areas in the contiguous United
States in which renewable fuel may be used; or
(II) impose any per-gallon obligation for the use of
renewable fuel.

(C) Relationship to other regulations.--Regulations
promulgated under this paragraph shall, to the maximum extent
practicable, incorporate the program structure, compliance,
and reporting requirements established under the final
regulations promulgated to implement the renewable fuel
program established by the amendment made by section
1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
58; 119 Stat. 1067).
(2) Applicable volume.--
(A) Calendar years 2008 through 2022.--
(i) Renewable fuel.--For the purpose of paragraph (1),
subject to clause (ii), the applicable volume for any of
calendar years 2008 through 2022 shall be determined in
accordance with the following table:

Applicable volume of
renewable fuel
(in billions of
Calendar year: gallons):
2008..........................................................8.5....

2009.........................................................10.5....

2010.........................................................12.0....

2011.........................................................12.6....

[[Page S3754]]

2012.........................................................13.2....

2013.........................................................13.8....

2014.........................................................14.4....

2015.........................................................15.0....

2016.........................................................18.0....

2017.........................................................21.0....

2018.........................................................24.0....

2019.........................................................27.0....

2020.........................................................30.0....

2021.........................................................33.0....

2022.........................................................36.0....

(ii) Advanced biofuels.--For the purpose of paragraph (1),
of the volume of renewable fuel required under clause (i),
the applicable volume for any of calendar years 2016 through
2022 for advanced biofuels shall be determined in accordance
with the following table:

Applicable volume of
advanced biofuels
(in billions of
Calendar year: gallons):
2016..........................................................3.0....

2017..........................................................6.0....

2018..........................................................9.0....

2019.........................................................12.0....

2020.........................................................15.0....

2021.........................................................18.0....

2022.........................................................21.0....

(B) Calendar year 2023 and thereafter.--Subject to
subparagraph (C), for the purposes of paragraph (1), the
applicable volume for calendar year 2023 and each calendar
year thereafter shall be determined by the President, in
coordination with the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency, based on a review of the implementation of
the program during calendar years 2007 through 2022,
including a review of--
(i) the impact of renewable fuels on the energy security of
the United States;
(ii) the expected annual rate of future production of
renewable fuels, including advanced biofuels; and
(iii) the impact of the use of renewable fuels on other
factors, including job creation, the price and supply of
agricultural commodities, rural economic development, and the
environment.
(C) Minimum applicable volume.--Subject to subparagraph
(D), for the purpose of paragraph (1), the applicable volume
for calendar year 2023 and each calendar year thereafter
shall be equal to the product obtained by multiplying--
(i) the number of gallons of gasoline that the President
estimates will be sold or introduced into commerce in the
calendar year; and
(ii) the ratio that--

(I) 36,000,000,000 gallons of renewable fuel; bears to
(II) the number of gallons of gasoline sold or introduced
into commerce in calendar year 2022.

(D) Maximum quantity derived from conventional biofuel
feedstocks.--For the purpose of paragraph (1), the applicable
volume for calendar year 2023 and each calendar year
thereafter shall not exceed 15,000,000,000 gallons of
conventional biofuel.
(b) Applicable Percentages.--
(1) Provision of estimate of volumes of gasoline sales.--
Not later than October 31 of each of calendar years 2008
through 2021, the Administrator of the Energy Information
Administration shall provide to the President an estimate,
with respect to the following calendar year, of the volumes
of gasoline projected to be sold or introduced into commerce
in the United States.
(2) Determination of applicable percentages.--
(A) In general.--Not later than November 30 of each of
calendar years 2008 through 2022, based on the estimate
provided under paragraph (1), the President shall determine
and publish in the Federal Register, with respect to the
following calendar year, the renewable fuel obligation that
ensures that the requirements of subsection (a) are met.
(B) Required elements.--The renewable fuel obligation
determined for a calendar year under subparagraph (A) shall--
(i) be applicable to refineries, blenders, and importers,
as appropriate;
(ii) be expressed in terms of a volume percentage of
gasoline sold or introduced into commerce in the United
States; and
(iii) subject to paragraph (3)(A), consist of a single
applicable percentage that applies to all categories of
persons specified in clause (i).
(3) Adjustments.--In determining the applicable percentage
for a calendar year, the President shall make adjustments--
(A) to prevent the imposition of redundant obligations on
any person specified in paragraph (2)(B)(i); and
(B) to account for the use of renewable fuel during the
previous calendar year by small refineries that are exempt
under subsection (g).
(c) Volume Conversion Factors for Renewable Fuels Based on
Energy Content or Requirements.--
(1) In general.--For the purpose of subsection (a), the
President shall assign values to specific types of advanced
biofuels for the purpose of satisfying the fuel volume
requirements of subsection (a)(2) in accordance with this
subsection.
(2) Energy content relative to ethanol.--For advanced
biofuel, 1 gallon of the advanced biofuel shall be considered
to be the equivalent of 1 gallon of renewable fuel multiplied
by the ratio that--
(A) the number of British thermal units of energy produced
by the combustion of 1 gallon of the advanced biofuel (as
measured under conditions determined by the Secretary); bears
to
(B) the number of British thermal units of energy produced
by the combustion of 1 gallon of pure ethanol (as measured
under conditions determined by the Secretary to be comparable
to conditions described in subparagraph (A)).
(3) Transitional energy-related conversion factors for
cellulosic biomass ethanol.--For any of calendar years 2008
through 2015, 1 gallon of cellulosic biomass ethanol shall be
considered to be the equivalent of 2.5 gallons of renewable
fuel.
(d) Credit Program.--
(1) In general.--The President, in consultation with the
Secretary and the Administrator of the Environmental
Protection Agency, shall implement a credit program to manage
the renewable fuel requirement of this section in a manner
consistent with the credit program established by the
amendment made by section 1501(a)(2) of the Energy Policy Act
of 2005 (Public Law 109-58; 119 Stat. 1067).
(2) Market transparency.--In carrying out the credit
program under this subsection, the President shall facilitate
price transparency in markets for the sale and trade of
credits, with due regard for the public interest, the
integrity of those markets, fair competition, and the
protection of consumers and agricultural producers.
(e) Seasonal Variations in Renewable Fuel Use.--
(1) Study.--For each of calendar years 2007 through 2020,
the Administrator of the Energy Information Administration
shall conduct a study of renewable fuel blending to determine
whether there are excessive seasonal variations in the use of
renewable fuel.
(2) Regulation of excessive seasonal variations.--If, for
any calendar year, the Administrator of the Energy
Information Administration, based on the study under
paragraph (1), makes the determinations specified in
paragraph (3), the President shall promulgate regulations to
ensure that 25 percent or more of the quantity of renewable
fuel necessary to meet the requirements of subsection (a) is
used during each of the 2 periods specified in paragraph (4)
of each subsequent calendar year.
(3) Determinations.--The determinations referred to in
paragraph (2) are that--
(A) less than 25 percent of the quantity of renewable fuel
necessary to meet the requirements of subsection (a) has been
used during 1 of the 2 periods specified in paragraph (4) of
the calendar year;
(B) a pattern of excessive seasonal variation described in
subparagraph (A) will continue in subsequent calendar years;
and
(C) promulgating regulations or other requirements to
impose a 25 percent or more seasonal use of renewable fuels
will not significantly--
(i) increase the price of motor fuels to the consumer; or
(ii) prevent or interfere with the attainment of national
ambient air quality standards.
(4) Periods.--The 2 periods referred to in this subsection
are--
(A) April through September; and
(B) January through March and October through December.
(f) Waivers.--
(1) In general.--The President, in consultation with the
Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency, may
waive the requirements of subsection (a) in whole or in part
on petition by one or more States by reducing the national
quantity of renewable fuel required under subsection (a),
based on a determination by the President (after public
notice and opportunity for comment), that--
(A) implementation of the requirement would severely harm
the economy or environment of a State, a region, or the
United States; or
(B) extreme and unusual circumstances exist that prevent
distribution of an adequate supply of domestically-produced
renewable fuel to consumers in the United States.
(2) Petitions for waivers.--The President, in consultation
with the Secretary of Energy, the Secretary of Agriculture,
and the Administrator of the Environmental Protection Agency,
shall approve or disapprove a State petition for a waiver of
the requirements of subsection (a) within 90 days after the
date on which the petition is received by the President.
(3) Termination of waivers.--A waiver granted under
paragraph (1) shall terminate after 1 year, but may be
renewed by the President after consultation with the
Secretary of Energy, the Secretary of Agriculture, and the
Administrator of the Environmental Protection Agency.
(g) Small Refineries.--
(1) Temporary exemption.--
(A) In general.--The requirements of subsection (a) shall
not apply to small refineries until calendar year 2013.
(B) Extension of exemption.--
(i) Study by secretary.--Not later than December 31, 2008,
the Secretary shall submit to the President and Congress a
report

[[Page S3755]]

describing the results of a study to determine whether
compliance with the requirements of subsection (a) would
impose a disproportionate economic hardship on small
refineries.
(ii) Extension of exemption.--In the case of a small
refinery that the Secretary determines under clause (i) would
be subject to a disproportionate economic hardship if
required to comply with subsection (a), the President shall
extend the exemption under subparagraph (A) for the small
refinery for a period of not less than 2 additional years.
(2) Petitions based on disproportionate economic
hardship.--
(A) Extension of exemption.--A small refinery may at any
time petition the President for an extension of the exemption
under paragraph (1) for the reason of disproportionate
economic hardship.
(B) Evaluation of petitions.--In evaluating a petition
under subparagraph (A), the President, in consultation with
the Secretary, shall consider the findings of the study under
paragraph (1)(B) and other economic factors.
(C) Deadline for action on petitions.--The President shall
act on any petition submitted by a small refinery for a
hardship exemption not later than 90 days after the date of
receipt of the petition.
(3) Opt-in for small refineries.--A small refinery shall be
subject to the requirements of subsection (a) if the small
refinery notifies the President that the small refinery
waives the exemption under paragraph (1).
(h) Penalties and Enforcement.--
(1) Civil penalties.--
(A) In general.--Any person that violates a regulation
promulgated under subsection (a), or that fails to furnish
any information required under such a regulation, shall be
liable to the United States for a civil penalty of not more
than the total of--
(i) $25,000 for each day of the violation; and
(ii) the amount of economic benefit or savings received by
the person resulting from the violation, as determined by the
President.
(B) Collection.--Civil penalties under subparagraph (A)
shall be assessed by, and collected in a civil action brought
by, the Secretary or such other officer of the United States
as is designated by the President.
(2) Injunctive authority.--
(A) In general.--The district courts of the United States
shall have jurisdiction to--
(i) restrain a violation of a regulation promulgated under
subsection (a);
(ii) award other appropriate relief; and
(iii) compel the furnishing of information required under
the regulation.
(B) Actions.--An action to restrain such violations and
compel such actions shall be brought by and in the name of
the United States.
(C) Subpoenas.--In the action, a subpoena for a witness who
is required to attend a district court in any district may
apply in any other district.
(i) Effective Date.--Except as otherwise specifically
provided in this section, this section takes effect on
January 1, 2008.

TITLE II--RENEWABLE FUELS INFRASTRUCTURE

SEC. 201. INFRASTRUCTURE PILOT PROGRAM FOR RENEWABLE FUELS.

(a) In General.--The Secretary, in consultation with the
Secretary of Transportation and the Administrator of the
Environmental Protection Agency, shall establish a
competitive grant pilot program (referred to in this section
as the ``pilot program''), to be administered through the
Vehicle Technology Deployment Program of the Department of
Energy, to provide not more than 10 geographically-dispersed
project grants to State governments, local governments,
metropolitan transportation authorities, or partnerships of
those entities to carry out 1 or more projects for the
purposes described in subsection (b).
(b) Grant Purposes.--A grant under this section shall be
used for the establishment of refueling infrastructure
corridors, as designated by the Secretary, for gasoline
blends that contain at least 85 percent renewable fuel or
diesel fuel that contains at least 10 percent renewable fuel,
including--
(1) installation of infrastructure and equipment necessary
to ensure adequate distribution of renewable fuels within the
corridor;
(2) installation of infrastructure and equipment necessary
to directly support vehicles powered by renewable fuels; and
(3) operation and maintenance of infrastructure and
equipment installed as part of a project funded by the grant.
(c) Applications.--
(1) Requirements.--
(A) In general.--Subject to subparagraph (B), not later
than 90 days after the date of enactment of this Act, the
Secretary shall issue requirements for use in applying for
grants under the pilot program.
(B) Minimum requirements.--At a minimum, the Secretary
shall require that an application for a grant under this
section--
(i) be submitted by--

(I) the head of a State or local government or a
metropolitan transportation authority, or any combination of
those entities; and
(II) a registered participant in the Vehicle Technology
Deployment Program of the Department of Energy; and

(ii) include--

(I) a description of the project proposed in the
application, including the ways in which the project meets
the requirements of this section;
(II) an estimate of the degree of use of the project,
including the estimated size of fleet of vehicles operated
with renewable fuel available within the geographic region of
the corridor;
(III) an estimate of the potential petroleum displaced as a
result of the project, and a plan to collect and disseminate
petroleum displacement and other relevant data relating to
the project to be funded under the grant, over the expected
life of the project;
(IV) a description of the means by which the project will
be sustainable without Federal assistance after the
completion of the term of the grant;
(V) a complete description of the costs of the project,
including acquisition, construction, operation, and
maintenance costs over the expected life of the project; and
(VI) a description of which costs of the project will be
supported by Federal assistance under this subsection.

(2) Partners.--An applicant under paragraph (1) may carry
out a project under the pilot program in partnership with
public and private entities.
(d) Selection Criteria.--In evaluating applications under
the pilot program, the Secretary shall--
(1) consider the experience of each applicant with
previous, similar projects; and
(2) give priority consideration to applications that--
(A) are most likely to maximize displacement of petroleum
consumption;
(B) demonstrate the greatest commitment on the part of the
applicant to ensure funding for the proposed project and the
greatest likelihood that the project will be maintained or
expanded after Federal assistance under this subsection is
completed;
(C) represent a partnership of public and private entities;
and
(D) exceed the minimum requirements of subsection
(c)(1)(B).
(e) Pilot Project Requirements.--
(1) Maximum amount.--The Secretary shall provide not more
than $20,000,000 in Federal assistance under the pilot
program to any applicant.
(2) Cost sharing.--The non-Federal share of the cost of any
activity relating to renewable fuel infrastructure
development carried out using funds from a grant under this
section shall be not less than 20 percent.
(3) Maximum period of grants.--The Secretary shall not
provide funds to any applicant under the pilot program for
more than 2 years.
(4) Deployment and distribution.--The Secretary shall seek,
to the maximum extent practicable, to ensure a broad
geographic distribution of project sites funded by grants
under this section.
(5) Transfer of information and knowledge.--The Secretary
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the pilot program are
transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
(f) Schedule.--
(1) Initial grants.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for applications to carry out projects
under the pilot program.
(B) Deadline.--An application described in subparagraph (A)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
subparagraph.
(C) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under
subparagraph (B), the Secretary shall select by competitive,
peer-reviewed proposal up to 5 applications for projects to
be awarded a grant under the pilot program.
(2) Additional grants.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall publish in the
Federal Register, Commerce Business Daily, and such other
publications as the Secretary considers to be appropriate, a
notice and request for additional applications to carry out
projects under the pilot program that incorporate the
information and knowledge obtained through the implementation
of the first round of projects authorized under the pilot
program.
(B) Deadline.--An application described in subparagraph (A)
shall be submitted to the Secretary by not later than 180
days after the date of publication of the notice under that
subparagraph.
(C) Initial selection.--Not later than 90 days after the
date by which applications for grants are due under
subparagraph (B), the Secretary shall select by competitive,
peer-reviewed proposal such additional applications for
projects to be awarded a grant under the pilot program as the
Secretary determines to be appropriate.
(g) Reports to Congress.--
(1) Initial report.--Not later than 60 days after the date
on which grants are awarded under this section, the Secretary
shall submit to Congress a report containing--
(A) an identification of the grant recipients and a
description of the projects to be funded under the pilot
program;
(B) an identification of other applicants that submitted
applications for the pilot program but to which funding was
not provided; and

[[Page S3756]]

(C) a description of the mechanisms used by the Secretary
to ensure that the information and knowledge gained by
participants in the pilot program are transferred among the
pilot program participants and to other interested parties,
including other applicants that submitted applications.
(2) Evaluation.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the
termination of the pilot program, the Secretary shall submit
to Congress a report containing an evaluation of the
effectiveness of the pilot program, including an assessment
of the petroleum displacement and benefits to the environment
derived from the projects included in the pilot program.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$200,000,000, to remain available until expended.

SEC. 202. BIOENERGY RESEARCH AND DEVELOPMENT.

Section 931(c) of the Energy Policy Act of 2005 (42 U.S.C.
16231(c)) is amended--
(1) in paragraph (1), by striking ``$213,000,000'' and
inserting ``$326,000,000'';
(2) in paragraph (2), by striking ``$251,000,000'' and
inserting ``$377,000,000''; and
(3) in paragraph (3), by striking ``$274,000,000'' and
inserting ``$398,000,000''.

SEC. 203. BIORESEARCH CENTERS FOR SYSTEMS BIOLOGY PROGRAM.

Section 977(a)(1) of the Energy Policy Act of 2005 (42
U.S.C. 16317(a)(1)) is amended by inserting before the period
at the end the following: ``, including the establishment of
at least 7 bioresearch centers that focus on biofuels, of
which at least 1 center shall be located in each of the 4
Petroleum Administration for Defense Districts with no
subdistricts and 1 center shall be located in each of the
subdistricts of the Petroleum Administration for Defense
District with subdistricts''.

SEC. 204. LOAN GUARANTEES FOR RENEWABLE FUEL FACILITIES.

(a) In General.--Section 1703 of the Energy Policy Act of
2005 (42 U.S.C. 16513) is amended by adding at the end the
following:
``(f) Renewable Fuel Facilities.--
``(1) In general.--The Secretary may make guarantees under
this title for projects that produce advanced biofuel (as
defined in section 2 of the Biofuels for Energy Security and
Transportation Act of 2007).
``(2) Requirements.--A project under this subsection shall
employ new or significantly improved technologies for the
production of renewable fuels as compared to commercial
technologies in service in the United States at the time that
the guarantee is issued.
``(3) Issuance of first loan guarantees.--The requirement
of section 20320(b) of division B of the Continuing
Appropriations Resolution, 2007 (Public Law 109-289, Public
Law 110-5), relating to the issuance of final regulations,
shall not apply to the first 6 guarantees issued under this
subsection.
``(4) Project design.--A project for which a guarantee is
made under this subsection shall have a project design that
has been validated through the operation of a continuous
process pilot facility with an annual output of at least
50,000 gallons of ethanol.
``(5) Maximum guaranteed principal.--The total principal
amount of a loan guaranteed under this subsection may not
exceed $250,000,000 for a single facility.
``(6) Amount of guarantee.--The Secretary shall guarantee
100 percent of the principal and interest due on 1 or more
loans made for a facility that is the subject of the
guarantee under paragraph (3).
``(7) Deadline.--The Secretary shall approve or disapprove
an application for a guarantee under this subsection not
later than 90 days after the date of receipt of the
application.
``(8) Report.--Not later than 30 days after approving or
disapproving an application under paragraph (7), the
Secretary shall submit to Congress a report on the approval
or disapproval (including the reasons for the action).''.
(b) Improvements to Underlying Loan Guarantee Authority.--
(1) Definition of commercial technology.--Section 1701(1)
of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is
amended by striking subparagraph (B) and inserting the
following:
``(B) Exclusion.--The term `commercial technology' does not
include a technology if the sole use of the technology is in
connection with--
``(i) a demonstration plant; or
``(ii) a project for which the Secretary approved a loan
guarantee.''.
(2) Specific appropriation or contribution.--Section 1702
of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended
by striking subsection (b) and inserting the following:
``(b) Specific Appropriation or Contribution.--
``(1) In general.--No guarantee shall be made unless--
``(A) an appropriation for the cost has been made; or
``(B) the Secretary has received from the borrower a
payment in full for the cost of the obligation and deposited
the payment into the Treasury.
``(2) Limitation.--The source of payments received from a
borrower under paragraph (1)(B) shall not be a loan or other
debt obligation that is made or guaranteed by the Federal
Government.
``(3) Relation to other laws.--Section 504(b) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall
not apply to a loan or loan guarantee made in accordance with
paragraph (1)(B).''.
(3) Amount.--Section 1702 of the Energy Policy Act of 2005
(42 U.S.C. 16512) is amended by striking subsection (c) and
inserting the following:
``(c) Amount.--
``(1) In general.--Subject to paragraph (2), the Secretary
shall guarantee up to 100 percent of the principal and
interest due on 1 or more loans for a facility that are the
subject of the guarantee.
``(2) Limitation.--The total amount of loans guaranteed for
a facility by the Secretary shall not exceed 80 percent of
the total cost of the facility, as estimated at the time at
which the guarantee is issued.''.
(4) Subrogation.--Section 1702(g)(2) of the Energy Policy
Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
(A) by striking subparagraph (B); and
(B) by redesignating subparagraph (C) as subparagraph (B).

SEC. 205. GRANTS FOR RENEWABLE FUEL PRODUCTION RESEARCH AND
DEVELOPMENT IN CERTAIN STATES.

(a) In General.--The Secretary shall provide grants to
eligible entities to conduct research into, and develop and
implement, renewable fuel production technologies in States
with low rates of ethanol production, including low rates of
production of cellulosic biomass ethanol.
(b) Eligibility.--To be eligible to receive a grant under
the section, an entity shall--
(1)(A) be an institution of higher education (as defined in
section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801))
located in a State described in subsection (a); or
(B) be a consortium of such institutions of higher
education, industry, State agencies, or local government
agencies located in the State; and
(2) have proven experience and capabilities with relevant
technologies.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $25,000,000 for
each of fiscal years 2008 through 2010.

SEC. 206. GRANTS FOR INFRASTRUCTURE FOR TRANSPORTATION OF
BIOMASS TO LOCAL BIOREFINERIES.

(a) In General.--The Secretary shall conduct a program
under which the Secretary shall provide grants to local
governments and other eligible entities (as determined by the
Secretary) (referred to in this section as ``eligible
entities'') to promote the development of infrastructure to
support the transportation of biomass to local biorefineries,
including by portable processing equipment.
(b) Phases.--The Secretary shall conduct the program in the
following phases:
(1) Development.--In the first phase of the program, the
Secretary shall make grants to eligible entities to assist
the eligible entities in the development of local projects to
promote the development of infrastructure to support the
transportation of biomass to local biorefineries, including
by portable processing equipment.
(2) Implementation.--In the second phase of the program,
the Secretary shall make competitive grants to eligible
entities to implement projects developed under paragraph (1).
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 207. BIOREFINERY INFORMATION CENTER.

(a) In General.--The Secretary, in cooperation with the
Secretary of Agriculture, shall establish a biorefinery
information center to make available to interested parties
information on--
(1) renewable fuel resources, including information on
programs and incentives for renewable fuels;
(2) renewable fuel producers;
(3) renewable fuel users; and
(4) potential renewable fuel users.
(b) Administration.--In administering the biorefinery
information center, the Secretary shall--
(1) continually update information provided by the center;
(2) make information available to interested parties on the
process for establishing a biorefinery; and
(3) make information and assistance provided by the center
available through a toll-free telephone number and website.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 208. CONVERSION ASSISTANCE FOR CELLULOSIC BIOMASS,
WASTE-DERIVED ETHANOL, APPROVED RENEWABLE
FUELS.

(a) Definitions.--In this section:
(1) Approved renewable fuel.--The term ``approved renewable
fuels'' means an alternative or replacement fuel that--
(A) has been approved under title III of the Energy Policy
Act of 1992 (42 U.S.C. 13211 et seq.); and
(B) is made from renewable biomass.
(2) Producer.--The term ``producer'' means--
(A) a merchant producer;
(B) a farm or dairy cooperative; or
(C) an association of agricultural producers.
(3) Waste-derived ethanol.--The term ``waste-derived
ethanol'' means ethanol derived from--

[[Page S3757]]

(A) animal waste (including poultry fat and poultry waste)
and other waste material; or
(B) municipal solid waste.
(b) Conversion Assistance.--The Secretary may provide
grants to producers of cellulosic biomass ethanol, waste-
derived ethanol, and approved renewable fuels in the United
States to assist the producers in building eligible
production facilities described in subsection (c) for the
production of ethanol or approved renewable fuels.
(c) Eligible Production Facilities.--A production facility
shall be eligible to receive a grant under this section if
the production facility--
(1) is located in the United States; and
(2) uses renewable biomass.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $400,000,000 for fiscal year 2008;
(2) $500,000,000 for fiscal year 2009; and
(3) $600,000,000 for fiscal year 2010.

SEC. 209. ALTERNATIVE FUEL DATABASE AND MATERIALS.

The Secretary and the Director of the National Institute of
Standards and Technology shall jointly establish and make
available to the public--
(1) a database that describes the physical properties of
different types of alternative fuel; and
(2) standard reference materials for different types of
alternative fuel.

SEC. 210. FUEL TANK CAP LABELING REQUIREMENT.

Section 406(a) of the Energy Policy Act of 1992 (42 U.S.C.
13232(a)) is amended--
(1) by striking ``The Federal Trade Commission'' and
inserting the following:
``(1) In general.--The Federal Trade Commission''; and
(2) by adding at the end the following:
``(2) Fuel tank cap labeling requirement.--Beginning with
model year 2010, the fuel tank cap of each alternative fueled
vehicle manufactured for sale in the United States shall be
clearly labeled to inform consumers that such vehicle can
operate on alternative fuel.''.

TITLE III--STUDIES

SEC. 301. STUDY OF ADVANCED BIOFUELS TECHNOLOGIES.

(a) In General.--Not later than October 1, 2012, the
Secretary shall offer to enter into a contract with the
National Academy of Sciences under which the Academy shall
conduct a study of technologies relating to the production,
transportation, and distribution of advanced biofuels.
(b) Scope.--In conducting the study, the Academy shall--
(1) include an assessment of the maturity of advanced
biofuels technologies;
(2) consider whether the rate of development of those
technologies will be sufficient to meet the advanced biofuel
standards required under section 101;
(3) consider the effectiveness of the research and
development programs and activities of the Department of
Energy relating to advanced biofuel technologies; and
(4) make policy recommendations to accelerate the
development of those technologies to commercial viability, as
appropriate.
(c) Report.--Not later than November 30, 2014, the
Secretary shall submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing
the results of the study conducted under this section.

SEC. 302. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED
GASOLINE WITH HIGHER LEVELS OF ETHANOL.

(a) In General.--The Secretary (in cooperation with the
Secretary of Agriculture, the Administrator of the
Environmental Protection Agency, and the Secretary of
Transportation) shall conduct a study of the feasibility of
increasing consumption in the United States of ethanol-
blended gasoline with levels of ethanol that are not less
than 10 percent and not more than 25 percent, including a
study of production and infrastructure constraints on
increasing the consumption.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.

SEC. 303. PIPELINE FEASIBILITY STUDY.

(a) In General.--The Secretary, in coordination with the
Secretary of Agriculture and the Secretary of Transportation,
shall conduct a study of the feasibility of the construction
of dedicated ethanol pipelines.
(b) Factors.--In conducting the study, the Secretary shall
consider--
(1) the quantity of ethanol production that would make
dedicated pipelines economically viable;
(2) existing or potential barriers to dedicated ethanol
pipelines, including technical, siting, financing, and
regulatory barriers;
(3) market risk (including throughput risk) and means of
mitigating the risk;
(4) regulatory, financing, and siting options that would
mitigate risk in those areas and help ensure the construction
of 1 or more dedicated ethanol pipelines;
(5) financial incentives that may be necessary for the
construction of dedicated ethanol pipelines, including the
return on equity that sponsors of the initial dedicated
ethanol pipelines will require to invest in the pipelines;
(6) technical factors that may compromise the safe
transportation of ethanol in pipelines, identifying remedial
and preventative measures to ensure pipeline integrity; and
(7) such other factors as the Secretary considers
appropriate.
(c) Report.--Not later than 15 months after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the results of the study conducted under
this section.

SEC. 304. STUDY OF OPTIMIZATION OF ALTERNATIVE FUELED
VEHICLES TO USE E-85 FUEL.

(a) In General.--The Secretary shall conduct a study of
methods of increasing the fuel efficiency of alternative
fueled vehicles by optimizing alternative fueled vehicles to
operate using E-85 fuel.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report that describes the results of the
study, including any recommendations of the Secretary.

SEC. 305. STUDY OF CREDITS FOR USE OF RENEWABLE ELECTRICITY
IN ELECTRIC VEHICLES.

(a) Definition of Electric Vehicle.--In this section, the
term ``electric vehicle'' means an electric motor vehicle (as
defined in section 601 of the Energy Policy Act of 1992 (42
U.S.C. 13271)) for which the rechargeable storage battery--
(1) receives a charge directly from a source of electric
current that is external to the vehicle; and
(2) provides a minimum of 80 percent of the motive power of
the vehicle.
(b) Study.--The Secretary shall conduct a study on the
feasibility of issuing credits under the program established
under section 101(d) to electric vehicles powered by
electricity produced from renewable energy sources.
(c) Report.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a report that describes the results of the
study, including a description of--
(1) existing programs and studies on the use of renewable
electricity as a means of powering electric vehicles; and
(2) alternatives for--
(A) designing a pilot program to determine the feasibility
of using renewable electricity to power electric vehicles as
an adjunct to a renewable fuels mandate;
(B) allowing the use, under the pilot program designed
under subparagraph (A), of electricity generated from nuclear
energy as an additional source of supply;
(C) identifying the source of electricity used to power
electric vehicles; and
(D) equating specific quantities of electricity to
quantities of renewable fuel under section 101(d).
______

BY Mr. MENENDEZ (for himself and Mr. Lautenberg):
S. 990. A bill to fight criminal gangs; to the Committee on the
Judiciary.
Mr. MENDENEZ. Mr. President, today, all across America, organized
criminal gangs plague our communities, destroying the lives of
thousands of young children and adults each and every year.
Unfortunately, this plague is currently not being treated effectively,
and as a result has grown in size and power in almost every State in
the Nation. In order to effectively counter this growing threat, we
cannot continue to believe it is only a State and local issue that
predominantly occurs in highly urbanized areas. Instead, we must
recognize that it has escalated into a national issue--reaching small
rural towns, suburban areas, and big cities alike--and affecting our
country as a whole.
In light of this, it is clear that we must recalibrate our efforts
and--in addition to our local initiatives--comprehensively confront
gang violence at the national level. That is why I rise today, along
with my colleague, Senator Lautenberg, to introduce the Fighting Gangs
and Empowering Youth Act of 2007.
Combining the efforts of Federal, State, and local agencies, this
legislation would utilize a multi-pronged approach in order to
comprehensively deal with all aspects of gang violence. From rigorously
enforcing and appropriately sentencing criminal acts, to exposing and
eliminating the root causes of gang pervasiveness, this bill would
simultaneously deter gang violence while proactively targeting the
sources that have led to its expanding prevalence.
Like most of the problems we face as a society, gang violence can
most effectively be handled by addressing its root causes. In order to
grow in size and power, gangs need a large, self-replenishing pool of
recruits to draw upon. They prey on areas that suffer from high dropout
rates, crippling poverty, and rampant unemployment--areas where hope is
often in short supply. All

[[Page S3758]]

too often children who live in these areas are caught in a tragic web
of gang violence simply because they can envision no other alternative.
It is in these circumstances, where a 15-year-old child sees life in
a gang as not just their best option, but often their only option--that
gang membership thrives. It is in these circumstances, where children
do not anticipate living to celebrate their 30th birthday--that gangs
flourish. Not only does this environment destroy the life of the
individual recruited--it also serves to strengthen the gang, further
reinforcing a vicious cycle.
Thus, any effort undertaken to combat gang violence must address the
environment that transforms promising, young adolescents into ruthless
tools of a criminal enterprise. While we will probably never be able to
completely eliminate all acts of violence from our society, there is
much we can do to instill in our children the skills they need to
pursue a law abiding life. To this end, my legislation would authorize
funds for afterschool and community-based programs designed to
economically empower young people. Disadvantaged students will be given
the opportunity to realize their potential, through tutoring,
mentoring, and job training programs as well as college preparation
classes and tuition assistance. Additionally, millions of dollars would
be authorized to enhance and expand anti-gang and anti-violence
programs in elementary and secondary schools, ensuring that students
can focus solely on learning, without having to be concerned for their
personal safety. By providing ``at-risk'' youth with the resources and
opportunities necessary to succeed in life, they will be far less
susceptible to the pressures to join a criminal gang.
This bill would also attack one of the roots of gang violence--gang
recruiters, who seek out young, economically disadvantaged, at-risk
youth and pressure them to join. Currently, there is no Federal law
specifically forbidding gang recruitment. This legislation would change
that--making it illegal for a gang member to solicit or recruit others
into a gang--and would incarcerate an offender for up to 10 years if
the person being recruited was 18 or older, or up to 20 years if the
individual was under the age of 18. This provision would effectively
target the kingpins of gangs, who cowardly order younger members to do
their violent bidding, callously sacrificing their lives like pawns on
a chessboard.
For those who have made wrong choices in life, but are still capable
of rehabilitation, this bill would expand adult and juvenile offender
reentry demonstration projects to help with post-release and
transitional housing, while promoting programs that hire former
prisoners, and establish reentry planning procedures within
communities. To be eligible for early release, prisoners with drug
addictions would be required to participate in treatment programs both
while they are imprisoned as well as during their transition period
back into society. All offenders would be encouraged to participate in
educational initiatives such as job training, GED preparation, and a
myriad of other programs designed to provide offenders with the skills
necessary to become legally employed when they are released from
prison. By providing such individuals with an alternative choice to a
life of crime, lives can be transformed and recidivism rates amongst
ex-convicts will be reduced.
In addition to programs focused on gang violence prevention, we must
provide law enforcement officials at every level of government with all
of the tools and resources necessary for them to safely and effectively
protect and serve their communities. All too often these heroic
officers are caught in the crossfire of gang violence, and all too
often they make the ultimate sacrifice so that others may live.
One tragic example involves the late Detective Kiernan Shields from
East Orange, New Jersey. Detective Shields was a rising star in the
East Orange Police Department, living his lifelong dream of serving his
community as an officer of the peace. He was a devoted, loving husband
and proud father of three children, who was remembered by his peers and
colleagues not just as a multi-talented person with a great sense of
humor, but as the epitome of a role model in an area that desperately
needed one. Unfortunately, New Jersey lost one of its bravest and
finest sons on the evening of August 7, 2006, when Detective Shields
was ruthlessly shot-gunned to death by a reputed member of the
Bloods gang, as he valiantly ran toward the sound of echoing gunfire--
Ran toward the gunfire.

This single act of heroism is consistent with the way police officers
across this Nation live their daily lives. These are the people who are
fighting day in and day out to keep our communities safe. The best way
to honor the victims of gang violence and those who are still fighting
it is to fully commit ourselves to eradicating this cancer.
To assist our frontline warriors in their daily struggle against gang
violence, my proposal would provide law enforcement officials on every
level of government with the resources and information they need to
accurately track and effectively neutralize criminal gangs.
Specifically, this legislation would establish a program similar to the
current Community Oriented Policing Services (COPS) program to augment
the number of police officers combating gangs in our local communities,
and would authorize $700 million annually for it. Additional funds
would be used to provide more forensic examiners to investigate, and
more attorneys to prosecute, gang crimes. These measures would show
that we pay homage not just with our words, but more importantly, with
our actions, as we recognize the heroic deeds performed by law
enforcement officials every single day.
As is true with almost all problems, a better understanding of how
gangs operate translates into a better understanding of how best to
counter them. That is why this bill would authorize additional funding
for the National Youth Gang Survey to increase the number of law
enforcement agencies whose data is collected and included in the annual
survey and provide money to upgrade technology to better identify gang
members and include them in the National Gang Database. Additionally,
this legislation would expand the Uniform Crime Reports (UCRs) to
include local gang and other crime statistics from the municipal level,
while also requiring the Attorney General to distinguish those crimes
committed by juveniles. The bill also requires consolidation and
standardization of criminal databases, enabling law enforcement all
across the country to better share information.
For those who still choose a life of crime, this proposal would
increase the penalties for crimes committed in the furtherance of a
gang. Gangs are dependent on committing crimes such as witness
intimidation, illegal firearm possession, and drug trafficking--
implementing these violent instruments to augment their power.
Subsequently, when these crimes are committed in the furtherance of
gang activity, they can be more detrimental to society than if they
were committed in isolation. Thus, these tougher sentencing
requirements for crimes committed in the furtherance of a gang are not
only appropriate, but necessary to deter gang violence and shield
society from its most dangerous and unremorseful criminals.
Taken together, the provisions of this bill develop a comprehensive
approach to gang violence by focusing on prevention, deterrence, and
enforcement. Failure to address all of these gang violence catalysts in
their entirety would leave us with an incomprehensive approach that
would do little to quell the scourge of gang violence. Therefore, I
urge my colleagues to support the Fighting Gangs and Empowering Youth
Act, and by doing so, give law enforcement and our communities the
means to thoroughly and comprehensively counter the growing specter of
gang violence that afflicts our great Nation.

____________________