S.Amdt. 2625

TEXT OF AMENDMENTS

SA 2624. Mr. SALAZAR submitted an amendment intended to be proposed
to amendment SA 2530 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to amend title
XXI of the Social Security Act to reauthorize the State Children's
Health Insurance Program, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DEMONSTRATION PROJECT TO PROVIDE NURSE HOME
VISITATION SERVICES UNDER MEDICAID AND CHIP.

(a) Findings and Purpose.--
(1) Findings.--Congress makes the following findings:
(A) Medicaid and CHIP have collectively provided health
insurance coverage to over 38,000,000 low-income pregnant
women and children.
(B) Evidence-based nurse home visitation programs can
improve the health status of low-income pregnant women and
children enrolled in Medicaid and CHIP by promoting access to
prenatal and well-baby care, reducing pre-term births,
reducing high-risk pregnancies, increasing time intervals
between first and subsequent births, and improving child
cognitive, social, and behavioral skills, and development.
(C) In addition to health benefits, evidence-based nurse
home visitation programs have been proven to increase
maternal employment and economic self-sufficiency and
significantly reduce child abuse and neglect, child arrests,
maternal arrests, and involvement in the criminal justice
system.
(D) Evidence-based nurse home visitation programs are cost
effective, yielding a 5-to-1 return on investment for every
dollar spent on services, and producing a net benefit to
society of $34,000 per high risk family served.

[[Page S10825]]

(2) Purpose.--The purpose of this section is to establish a
demonstration project to evaluate the cost-effectiveness and
impact on the health and well-being of low-income pregnant
mothers and children of providing evidence-based nurse home
visitation services for low-income pregnant mothers and
children under Medicaid and CHIP, particularly with respect
to the impact of such services on--
(A) improving the prenatal health of children;
(B) improving pregnancy outcomes;
(C) improving child health and development;
(D) improving child development and mental health related
to elementary school readiness;
(E) improving family stability and economic self-
sufficiency;
(F) reducing the incidence of child abuse and neglect; and
(G) increasing birth intervals between pregnancies.
(b) Requirement To Conduct Demonstration Project.--
(1) In general.--The Secretary shall establish a
demonstration project under which a State may apply under
section 1115 of the Social Security Act (42 U.S.C. 1315) to
provide, in accordance with the provisions of this section,
medical assistance under the State plan under title XIX of
the Social Security Act, child health assistance under the
State child health plan under title XXI of such Act, or both
for evidence-based nurse home visitation services to children
and pregnant women who are eligible for such assistance under
such plans.
(2) Limitation on number of approved applications.--The
Secretary shall only approve as many State applications to
provide medical assistance or child health assistance in
accordance with this section as will not exceed the
limitation on aggregate payments under subsection (d)(2)(A).
(3) Authority to waive restrictions on payments to
territories.--The Secretary shall waive the limitations on
payment under subsections (f) and (g) of section 1108 of the
Social Security Act (42 U.S.C. 1308) in the case of a State
that is subject to such limitations and submits an approved
application to provide medical assistance, child health
assistance, or both in accordance with this section.
(c) Length of Period for Provision of Assistance.--A State
shall not be approved to provide medical assistance or child
health assistance for evidence-based nurse home visitation
services in accordance with the demonstration project
established under this section for a period of more than 5
consecutive years.
(d) Limitations on Federal Funding.--
(1) Appropriation.--
(A) In general.--Out of any funds in the Treasury not
otherwise appropriated, there is appropriated to carry out
this section, $25,000,000 for the period of fiscal years 2008
through 2012.
(B) Budget authority.--Subparagraph (A) constitutes budget
authority in advance of appropriations Acts and represents
the obligation of the Federal Government to provide for the
payment of the amounts appropriated under that subparagraph.
(2) Limitation on payments.--In no case may--
(A) the aggregate amount of payments made by the Secretary
to eligible States under this section exceed $25,000,000; or
(B) payments be provided by the Secretary under this
section after September 30, 2012.
(3) Funds allocated to states.--The Secretary shall
allocate funds to States with approved applications under
this section based on their applications and the availability
of funds.
(4) Payments to states.--The Secretary shall pay to each
State, from its allocation under paragraph (3), an amount
each quarter equal to 100 percent of the expenditures in the
quarter for medical assistance or child health assistance (as
applicable) for evidence-based nurse home visitation services
provided to low-income pregnant mothers and children who are
eligible for such assistance under a State plan under title
XIX or XXI of such Act in accordance with the demonstration
project established under this section.
(e) Evaluation and Report.--
(1) Evaluation.--The Secretary shall conduct an evaluation
of the demonstration project established under this section.
Such evaluation shall include an analysis of the cost-
effectiveness of the project and the impact of the programs
on Medicaid and CHIP. For purposes of conducting such
evaluation, the Secretary shall require a State that submits
an application to participate in the demonstration project
established under this section to agree, as a condition of
approval of such application, to maintain data related to,
and be subject to, periodic evaluations based on performance
outcomes regarding the following:
(A) Substance abuse during pregnancy.
(B) Prematurity.
(C) Immunizations.
(D) Developmental delay.
(E) Language development.
(F) Emergency room visits and hospitalizations for injury.
(G) Interval between pregnancies.
(H) Workforce participation.
(I) Government assistance use.
(2) Report to congress.--Not later than December 31, 2012,
the Secretary shall submit a report to Congress on the
results of the evaluation of the demonstration project
established under this section.
(f) Definition.--In this section, the term ``evidence-based
nurse home visitation services'' means services (such as
services related to improving prenatal health, pregnancy
outcomes, child health and development, school readiness,
family stability and economic self-sufficiency, reducing
child abuse, neglect, and injury, reducing maternal and child
involvement in the criminal justice system, and increasing
birth intervals between pregnancies) on behalf of a targeted
low-income child who has not attained age 2 and is born to a
first-time pregnant mother, but only if such services are
provided in accordance with outcome standards that have been
replicated in multiple, rigorous, randomized controlled
trials in multiple sites, with outcomes that improve prenatal
health of children, pregnancy outcomes, child health and
development, child development, and mental health related to
elementary school readiness, reduce child abuse, neglect, and
injury, increase birth intervals between pregnancies, and
improve maternal employment.
(g) Rule of Construction.--Nothing in the demonstration
project established under this section shall be construed as
affecting the ability of a State under Medicaid or CHIP to
provide nurse home visitation services as part of medical
assistance, child health assistance, or an administrative
expense, for which any State received payment under section
1903(a) or 2105(a) of the Social Security Act (42 U.S.C.
1396b(a), 1397ee(a)) for the provision of such services
before, on, or after the date of enactment of this Act.
______

SA 2625. Mr. BUNNING submitted an amendment intended to be proposed
to amendment SA 2530 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to amend title
XXI of the Social Security Act to reauthorize the State Children's
Health Insurance Program, and for other purposes; which was ordered to
lie on the table; as follows:

Strike section 102 and insert the following:

SEC. 102. ALLOTMENTS FOR THE 50 STATES AND THE DISTRICT OF
COLUMBIA.

(a) In General.--Section 2104 (42 U.S.C. 1397dd) is amended
by adding at the end the following new subsection:
``(i) Determination of Allotments for the 50 States and the
District of Columbia for Fiscal Years 2008 Through 2012.--
``(1) Computation of allotment.--
``(A) In general.--The Secretary shall for each of fiscal
years 2008 through 2012 allot to each subsection (b) State
from the available national allotment for such fiscal year an
amount which bears the same ratio to such available national
allotment as the sales of cigarettes in such State bears to
total sales of cigarettes in all subsection (b) States (based
on the most current data available to the Secretary from the
Centers for Disease Control).
``(B) Available national allotment.--For purposes of this
subsection, the term `available national allotment' means,
with respect to any fiscal year, the amount available for
allotment under subsection (a) for the fiscal year, reduced
by the amount of the allotments made for the fiscal year
under subsection (c). The available national allotment with
respect to the amount available under subsection (a)(15)(A)
for fiscal year 2012 shall be increased by the amount of the
appropriation for the period beginning on October 1 and
ending on March 31 of such fiscal year under section 103 of
the Children's Health Insurance Program Reauthorization Act
of 2007.
``(2) Subsection (b) state.--In this subsection, the term
`subsection (b) State' means 1 of the 50 States or the
District of Columbia.''.
(b) Conforming Amendments.--Section 2104 (42 U.S.C. 1397dd)
is amended--
(1) in subsection (a), by striking ``subsection (d)'' and
inserting ``subsections (d), (h), and (i)'';
(2) in subsection (b)(1), by striking ``subsection (d)''
and inserting ``subsections (d), (h), and (i)''; and
(3) in subsection (c)(1), by striking ``subsection (d)''
and inserting ``subsections (d), (h), and (i)''.
______

SA 2626. Ms. SNOWE (for herself and Mr. Bingaman) submitted an
amendment intended to be proposed to amendment SA 2530 proposed by Mr.
Baucus (for himself, Mr. Grassley, Mr. Rockefeller, and Mr. Hatch) to
the bill H.R. 976, to amend title XXI of the Social Security Act to
reauthorize the State Children's Health Insurance Program, and for
other purposes, which was ordered to lie on the table; as follows:

Beginning on page 213, strike line 13 and all that follows
through page 216, line 6 and insert the following:

SEC. 608. STATE OPTION TO PROVIDE DENTAL-ONLY SUPPLEMENTAL
COVERAGE.

(a) State Option to Provide Dental-Only Supplemental
Coverage.--
(1) In general.----Section 2110(b) (42 U.S.C. 1397jj(b)) is
amended--
(A) in paragraph (1)(C), by inserting ``, subject to
paragraph (5),'' after ``under title XIX or''; and

[[Page S10826]]

(B) by adding at the end the following new paragraph:
``(5) State option to provide dental-only supplemental
coverage.--A State may waive the requirement of paragraph
(1)(C) that a targeted low-income child may not be covered
under a group health plan or under health insurance coverage,
if the State satisfies the conditions described in section
2105(c)(12), in order to provide--
``(A) dental services; or
``(B) cost-sharing protection for dental services
consistent with section 2103(e)(3)(B).

In waiving such requirement, a State may limit the
application of the waiver to children whose family income
does not exceed a level specified by the State, so long as
the level so specified does not exceed the maximum income
level otherwise established for other children under the
State child health plan.''.
(2) Conditions described.--Section 2105(c) (42 U.S.C.
1397ee(c)), as amended by section 602(a)(1), is amended by
adding at the end the following new paragraph:
``(12) Conditions for provision of wrap-around coverage.--
For purposes of section 2110(b)(5), the conditions described
in this paragraph are the following:
``(A) Income eligibility.--The State child health plan
(whether implemented under title XIX or this title)--
``(i) has the highest income eligibility standard permitted
under this title as of January 1, 2007;
``(ii) does not limit the acceptance of applications for
children or impose any numerical limitation, waiting list, or
similar limitation on the eligibility of such children for
child health assistance under such State plan; and
``(iii) provides benefits to all children in the State who
apply for and meet eligibility standards.
``(B) No more favorable treatment.--The State child health
plan may not provide more favorable coverage of dental-only
supplemental coverage to the children covered under section
2110(b)(5) than to children otherwise covered under this
title.''.
(3) State option to waive waiting period.--Section
2102(b)(1)(B) (42 U.S.C. 1397bb(b)(1)(B)), as amended by
section 107(b)(2), is amended--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new clause:
``(iv) at State option, may not apply a waiting period in
the case of a child described in section 2110(b)(5), if the
State satisfies the requirements of section 2105(c)(12).''.
(4) Application of enhanced match under medicaid.--Section
1905 (42 U.S.C. 1396d) is amended--
(A) in subsection (b), in the fourth sentence, by striking
``or (u)(4)'' and inserting ``(u)(4), or (u)(5)''; and
(B) in subsection (u)--
(i) by redesignating paragraph (5) as paragraph (6); and
(ii) by inserting after paragraph (4) the following new
paragraph:
``(5) For purposes of subsection (b), the expenditures
described in this paragraph are expenditures for items and
services for children described in section 2110(b)(5), but
only in the case of a State that satisfies the requirements
of section 2105(c)(8).''.
(b) Denial of Deduction for Punitive Damages.--
(1) Disallowance of deduction.--
(A) In general.--Section 162(g) (relating to treble damage
payments under the antitrust laws) is amended--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively,
(ii) by striking ``If'' and inserting:
``(1) Treble damages.--If'', and
(iii) by adding at the end the following new paragraph:
``(2) Punitive damages.--No deduction shall be allowed
under this chapter for any amount paid or incurred for
punitive damages in connection with any judgment in, or
settlement of, any action. This paragraph shall not apply to
punitive damages described in section 104(c).''.
(B) Conforming amendment.--The heading for section 162(g)
is amended by inserting ``Or Punitive Damages'' after
``Laws''.
(2) Inclusion in income of punitive damages paid by insurer
or otherwise.--
(A) In general.--Part II of subchapter B of chapter 1
(relating to items specifically included in gross income) is
amended by adding at the end the following new section:

``SEC. 91. PUNITIVE DAMAGES COMPENSATED BY INSURANCE OR
OTHERWISE.

``Gross income shall include any amount paid to or on
behalf of a taxpayer as insurance or otherwise by reason of
the taxpayer's liability (or agreement) to pay punitive
damages.''.
(B) Reporting requirements.--Section 6041 (relating to
information at source) is amended by adding at the end the
following new subsection:
``(h) Section To Apply to Punitive Damages Compensation.--
This section shall apply to payments by a person to or on
behalf of another person as insurance or otherwise by reason
of the other person's liability (or agreement) to pay
punitive damages.''.
(C) Conforming amendment.--The table of sections for part
II of subchapter B of chapter 1 is amended by adding at the
end the following new item:

``Sec. 91. Punitive damages compensated by insurance or otherwise.''.
(3) Effective date.--The amendments made by this subsection
shall apply to damages paid or incurred on or after the date
of the enactment of this Act.
(c) Denial of Deduction for Certain Fines, Penalties, and
Other Amounts.--
(1) In general.--Subsection (f) of section 162 (relating to
trade or business expenses) is amended to read as follows:
``(f) Fines, Penalties, and Other Amounts.--
``(1) In general.--Except as provided in paragraph (2), no
deduction otherwise allowable shall be allowed under this
chapter for any amount paid or incurred (whether by suit,
agreement, or otherwise) to, or at the direction of, a
government or entity described in paragraph (4) in relation
to the violation of any law or the investigation or inquiry
by such government or entity into the potential violation of
any law.
``(2) Exception for amounts constituting restitution or
paid to come into compliance with law.--Paragraph (1) shall
not apply to any amount which--
``(A) the taxpayer establishes--
``(i) constitutes restitution (including remediation of
property) for damage or harm caused by or which may be caused
by the violation of any law or the potential violation of any
law, or
``(ii) is paid to come into compliance with any law which
was violated or involved in the investigation or inquiry, and
``(B) is identified as restitution or as an amount paid to
come into compliance with the law, as the case may be, in the
court order or settlement agreement.
A taxpayer shall not meet the requirements of subparagraph
(A) solely by reason an identification under subparagraph
(B). This paragraph shall not apply to any amount paid or
incurred as reimbursement to the government or entity for the
costs of any investigation or litigation.
``(3) Exception for amounts paid or incurred as the result
of certain court orders.--Paragraph (1) shall not apply to
any amount paid or incurred by order of a court in a suit in
which no government or entity described in paragraph (4) is a
party.
``(4) Certain nongovernmental regulatory entities.--An
entity is described in this paragraph if it is--
``(A) a nongovernmental entity which exercises self-
regulatory powers (including imposing sanctions) in
connection with a qualified board or exchange (as defined in
section 1256(g)(7)), or
``(B) to the extent provided in regulations, a
nongovernmental entity which exercises self-regulatory powers
(including imposing sanctions) as part of performing an
essential governmental function.
``(5) Exception for taxes due.--Paragraph (1) shall not
apply to any amount paid or incurred as taxes due.''.
(2) Reporting of deductible amounts.--
(A) In general.--Subpart B of part III of subchapter A of
chapter 61 is amended by inserting after section 6050V the
following new section:

``SEC. 6050W. INFORMATION WITH RESPECT TO CERTAIN FINES,
PENALTIES, AND OTHER AMOUNTS.

``(a) Requirement of Reporting.--
``(1) In general.--The appropriate official of any
government or entity which is described in section 162(f)(4)
which is involved in a suit or agreement described in
paragraph (2) shall make a return in such form as determined
by the Secretary setting forth--
``(A) the amount required to be paid as a result of the
suit or agreement to which paragraph (1) of section 162(f)
applies,
``(B) any amount required to be paid as a result of the
suit or agreement which constitutes restitution or
remediation of property, and
``(C) any amount required to be paid as a result of the
suit or agreement for the purpose of coming into compliance
with any law which was violated or involved in the
investigation or inquiry.
``(2) Suit or agreement described.--
``(A) In general.--A suit or agreement is described in this
paragraph if--
``(i) it is--

``(I) a suit with respect to a violation of any law over
which the government or entity has authority and with respect
to which there has been a court order, or
``(II) an agreement which is entered into with respect to a
violation of any law over which the government or entity has
authority, or with respect to an investigation or inquiry by
the government or entity into the potential violation of any
law over which such government or entity has authority, and

``(ii) the aggregate amount involved in all court orders
and agreements with respect to the violation, investigation,
or inquiry is $600 or more.
``(B) Adjustment of reporting threshold.--The Secretary may
adjust the $600 amount in subparagraph (A)(ii) as necessary
in order to ensure the efficient administration of the
internal revenue laws.
``(3) Time of filing.--The return required under this
subsection shall be filed not later than--
``(A) 30 days after the date on which a court order is
issued with respect to the suit or the date the agreement is
entered into, as the case may be, or
``(B) the date specified Secretary.
``(b) Statements To Be Furnished to Individuals Involved in
the Settlement.--Every person required to make a return

[[Page S10827]]

under subsection (a) shall furnish to each person who is a
party to the suit or agreement a written statement showing--
``(1) the name of the government or entity, and
``(2) the information supplied to the Secretary under
subsection (a)(1).

The written statement required under the preceding sentence
shall be furnished to the person at the same time the
government or entity provides the Secretary with the
information required under subsection (a).
``(c) Appropriate Official Defined.--For purposes of this
section, the term `appropriate official' means the officer or
employee having control of the suit, investigation, or
inquiry or the person appropriately designated for purposes
of this section.''.
(B) Conforming amendment.--The table of sections for
subpart B of part III of subchapter A of chapter 61 is
amended by inserting after the item relating to section 6050V
the following new item:

``Sec. 6050W. Information with respect to certain fines, penalties, and
other amounts.''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred on or after the date
of the enactment of this Act, except that such amendments
shall not apply to amounts paid or incurred under any binding
order or agreement entered into before such date. Such
exception shall not apply to an order or agreement requiring
court approval unless the approval was obtained before such
date.
______

SA 2627. Mr. COBURN (for himself, Mr. DeMint, and Mr. Vitter)
submitted an amendment intended to be proposed to amendment SA 2530
proposed by Mr. Baucus (for himself, Mr. Grassley, Mr. Rockefeller, and
Mr. Hatch) to the bill H.R. 976 to amend title XXI of the Social
Security Act to reauthorize the State Children's Health Insurance
Program, and for other purposes; as follows:

Beginning on page 133, strike line 4 and all that follows
through page 165, line 2, and insert the following:

SEC. 401. PREMIUM ASSISTANCE FOR HIGHER INCOME CHILDREN AND
PREGNANT WOMEN WITH ACCESS TO EMPLOYER-
SPONSORED COVERAGE.

(a) In General.--Section 2105(c) (42 U.S.C. 1397ee(c)), as
amended by section 301(c) is amended by adding at the end the
following:
``(10) Premium assistance.--
``(A) In general.--Beginning with fiscal year 2008, a State
may only provide child health assistance for a targeted low-
income child or a pregnant woman whose family income exceeds
200 percent of the poverty line and who has access to
qualified employer sponsored coverage (as defined in
subparagraph (B)) through the provision of a premium
assistance subsidy in accordance with the requirements of
this paragraph.
``(B) Qualified employer sponsored coverage.--
``(i) In general.--In this paragraph, the term `qualified
employer sponsored coverage' means a group health plan or
health insurance coverage offered through an employer that
is--

``(I) substantially equivalent to the benefits coverage in
a benchmark benefit package described in section 2103(b) or
benchmark-equivalent coverage that meets the requirements of
section 2103(a)(2);
``(II) for which the employer contribution toward any
premium for such coverage is at least 50 percent (75 percent,
in the case of an employer with more than 50 employees);
``(III) made similarly available to all of the employer's
employees and for which the employer makes a contribution to
the premium that is not less for employees receiving a
premium assistance subsidy under any option available under
the State child health plan under this title or the State
plan under title XIX to provide such assistance than the
employer contribution provided for all other employees; and
``(IV) cost-effective, as determined under clause (ii).

``(ii) Cost-effectiveness.--A group health plan or health
insurance coverage offered through an employer shall be
considered to be cost-effective if--

``(I) the marginal premium cost to purchase family coverage
through the employer is less than the State cost of providing
child health assistance through the State child health plan
for all the children in the family who are targeted low-
income children; or
``(II) the marginal premium cost between individual
coverage and purchasing family coverage through the employer
is not greater than 175 percent of the cost to the State to
provide child health assistance through the State child
health plan for a targeted low-income child.

``(iii) High deductible health plans included.--The term
`qualified employer sponsored coverage' includes a high
deductible health plan (as defined in section 223(c)(2) of
the Internal Revenue Code of 1986) purchased through a health
savings account (as defined under section 223(d) of such
Code).
``(C) Premium assistance subsidy.--
``(i) In general.--In this paragraph, the term `premium
assistance subsidy' means, with respect to a targeted low-
income child, the amount equal to the difference between the
employee contribution required for enrollment only of the
employee under qualified employer sponsored coverage and the
employee contribution required for enrollment of the employee
and the child in such coverage, less any applicable premium
cost-sharing applied under the State child health plan,
subject to the annual aggregate cost-sharing limit applied
under section 2103(e)(3)(B).
``(ii) State payment option.--Subject to clause (iii), a
State may provide a premium assistance subsidy directly to an
employer or as reimbursement to an employee for out-of-pocket
expenditures.
``(iii) Requirement for direct payment to employee.--A
State shall not pay a premium assistance subsidy directly to
the employee, unless the State has established procedures to
ensure that the targeted low-income child on whose behalf
such payments are made are actually enrolled in the qualified
employer sponsored coverage.
``(iv) Treatment as child health assistance.--Expenditures
for the provision of premium assistance subsidies shall be
considered child health assistance described in paragraph
(1)(C) of subsection (a) for purposes of making payments
under that subsection.
``(v) State option to require acceptance of subsidy.--A
State may condition the provision of child health assistance
under the State child health plan for a targeted low-income
child on the receipt of a premium assistance subsidy for
enrollment in qualified employer sponsored coverage if the
State determines the provision of such a subsidy to be more
cost-effective in accordance with subparagraph (B)(ii).
``(vi) Not treated as income.--Notwithstanding any other
provision of law, a premium assistance subsidy provided in
accordance with this paragraph shall not be treated as income
to the child or the parent of the child for whom such subsidy
is provided.
``(D) No requirement to provide supplemental coverage for
benefits and additional cost-sharing protection provided
under the state child health plan.--
``(i) In general.--A State that elects the option to
provide a premium assistance subsidy under this paragraph
shall not be required to provide a targeted low-income child
enrolled in qualified employer sponsored coverage with
supplemental coverage for items or services that are not
covered, or are only partially covered, under the qualified
employer sponsored coverage or cost-sharing protection other
than the protection required under section 2103(e)(3)(B).
``(ii) Notice of cost-sharing requirements.--A State shall
provide a targeted low-income child or the parent of such a
child (as appropriate) who is provided with a premium
assistance subsidy in accordance with this paragraph with
notice of the cost-sharing requirements and limitations
imposed under the qualified employer sponsored coverage in
which the child is enrolled upon the enrollment of the child
in such coverage and annually thereafter.
``(iii) Record keeping requirements.--A State may require a
parent of a targeted low-income child that is enrolled in
qualified employer-sponsored coverage to bear the
responsibility for keeping track of out-of-pocket
expenditures incurred for cost-sharing imposed under such
coverage and to notify the State when the limit on such
expenditures imposed under section 2103(e)(3)(B) has been
reached for a year from the effective date of enrollment for
such year.
``(iv) State option for reimbursement.--A State may
retroactively reimburse a parent of a targeted low-income
child for out-of-pocket expenditures incurred after reaching
the 5 percent cost-sharing limitation imposed under section
2103(e)(3)(B) for a year.
``(E) 6-month waiting period required.--A State shall
impose at least a 6-month waiting period from the time an
individual is enrolled in private health insurance prior to
the provision of a premium assistance subsidy for a targeted
low-income child in accordance with this paragraph.
``(F) Non application of waiting period for enrollment in
the state medicaid plan or the state child health plan.--A
targeted low-income child provided a premium assistance
subsidy in accordance with this paragraph who loses
eligibility for such subsidy shall not be treated as having
been enrolled in private health insurance coverage for
purposes of applying any waiting period imposed under the
State child health plan or the State plan under title XIX for
the enrollment of the child under such plan.
``(G) Assurance of special enrollment period under group
health plans in case of eligibility for premium subsidy
assistance.--No payment shall be made under subsection (a)
for amounts expended for the provision of premium assistance
subsidies under this paragraph unless a State provides
assurances to the Secretary that the State has in effect laws
requiring a group health plan, a health insurance issuer
offering group health insurance coverage in connection with a
group health plan, and a self-funded health plan, to permit
an employee who is eligible, but not enrolled, for coverage
under the terms of the plan (or a child of such an employee
if the child is eligible, but not enrolled, for coverage
under such terms) to enroll for coverage under the terms of
the plan if the employee's child becomes eligible for a
premium assistance subsidy under this paragraph.
``(H) No effect on previously approved premium assistance
programs.--Nothing in this paragraph shall be construed as
limiting

[[Page S10828]]

the authority of a State to offer premium assistance under
section 1906, a waiver described in paragraph (2)(B) or (3),
a waiver approved under section 1115, or other authority in
effect on June 28, 2007, for targeted low-income children or
pregnant women whose family income does not exceed 200
percent of the poverty line.
``(I) Notice of availability.--A State shall--
``(i) include on any application or enrollment form for
child health assistance a notice of the availability of
premium assistance subsidies for the enrollment of targeted
low-income children in qualified employer sponsored coverage
and the requirement to provide such subsidies to the
individuals described in subparagraph (A);
``(ii) provide, as part of the application and enrollment
process under the State child health plan, information
describing the availability of such subsidies and how to
elect to obtain such a subsidy, or if required, to obtain
such subsidies; and
``(iii) establish such other procedures as the State
determines necessary to ensure that parents are informed of
the availability of such subsidies under the State child
health plan.''.
(b) Application to Medicaid.--Section 1906 (42 U.S.C.
1396e) is amended by inserting after subsection (c) the
following:
``(d) The provisions of section 2105(c)(10) shall apply to
a child who is eligible for medical assistance under the
State plan in the same manner as such provisions apply to a
targeted low-income child under a State child health plan
under title XXI. Section 1902(a)(34) shall not apply to a
child who is provided a premium assistance subsidy under the
State plan in accordance with the preceding sentence.''.
______

SA 2628. Ms. SNOWE (for herself and Mr. Bingaman, Mr. Cardin, Ms.
Collins, and Ms. Mikulski) submitted an amendment intended to be
proposed to amendment SA 2530 proposed by Mr. Baucus (for himself, Mr.
Grassley, Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to
amend title XXI of the Social Security Act to reauthorize the State
Children's Health Insurance Program, and for other purposes; which was
ordered to lie on the table; as follows:

Beginning on page 213, strike line 13 and all that follows
through page 216, line 6 and insert the following:

SEC. 608. STATE OPTION TO PROVIDE DENTAL-ONLY SUPPLEMENTAL
COVERAGE.

(a) State Option to Provide Dental-Only Supplemental
Coverage.--
(1) In general.----Section 2110(b) (42 U.S.C. 1397jj(b)) is
amended--
(A) in paragraph (1)(C), by inserting ``, subject to
paragraph (5),'' after ``under title XIX or''; and
(B) by adding at the end the following new paragraph:
``(5) State option to provide dental-only supplemental
coverage.--A State may waive the requirement of paragraph
(1)(C) that a targeted low-income child may not be covered
under a group health plan or under health insurance coverage,
if the State satisfies the conditions described in section
2105(c)(12), in order to provide--
``(A) dental services; or
``(B) cost-sharing protection for dental services
consistent with section 2103(e)(3)(B).
In waiving such requirement, a State may limit the
application of the waiver to children whose family income
does not exceed a level specified by the State, so long as
the level so specified does not exceed the maximum income
level otherwise established for other children under the
State child health plan.''.
(2) Conditions described.--Section 2105(c) (42 U.S.C.
1397ee(c)), as amended by section 602(a)(1), is amended by
adding at the end the following new paragraph:
``(12) Conditions for provision of wrap-around coverage.--
For purposes of section 2110(b)(5), the conditions described
in this paragraph are the following:
``(A) Income eligibility.--The State child health plan
(whether implemented under title XIX or this title)--
``(i) has the highest income eligibility standard permitted
under this title as of January 1, 2007;
``(ii) does not limit the acceptance of applications for
children or impose any numerical limitation, waiting list, or
similar limitation on the eligibility of such children for
child health assistance under such State plan; and
``(iii) provides benefits to all children in the State who
apply for and meet eligibility standards.
``(B) No more favorable treatment.--The State child health
plan may not provide more favorable coverage of dental-only
supplemental coverage to the children covered under section
2110(b)(5) than to children otherwise covered under this
title.''.
(3) State option to waive waiting period.--Section
2102(b)(1)(B) (42 U.S.C. 1397bb(b)(1)(B)), as amended by
section 107(b)(2), is amended--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period and inserting
``; and''; and
(C) by adding at the end the following new clause:
``(iv) at State option, may not apply a waiting period in
the case of a child described in section 2110(b)(5), if the
State satisfies the requirements of section 2105(c)(12).''.
(4) Application of enhanced match under medicaid.--Section
1905 (42 U.S.C. 1396d) is amended--
(A) in subsection (b), in the fourth sentence, by striking
``or (u)(4)'' and inserting ``(u)(4), or (u)(5)''; and
(B) in subsection (u)--
(i) by redesignating paragraph (5) as paragraph (6); and
(ii) by inserting after paragraph (4) the following new
paragraph:
``(5) For purposes of subsection (b), the expenditures
described in this paragraph are expenditures for items and
services for children described in section 2110(b)(5), but
only in the case of a State that satisfies the requirements
of section 2105(c)(8).''.
(b) Denial of Deduction for Punitive Damages.--
(1) Disallowance of deduction.--
(A) In general.--Section 162(g) (relating to treble damage
payments under the antitrust laws) is amended--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively,
(ii) by striking ``If'' and inserting:
``(1) Treble damages.--If'', and
(iii) by adding at the end the following new paragraph:
``(2) Punitive damages.--No deduction shall be allowed
under this chapter for any amount paid or incurred for
punitive damages in connection with any judgment in, or
settlement of, any action. This paragraph shall not apply to
punitive damages described in section 104(c).''.
(B) Conforming amendment.--The heading for section 162(g)
is amended by inserting ``Or Punitive Damages'' after
``Laws''.
(2) Inclusion in income of punitive damages paid by insurer
or otherwise.--
(A) In general.--Part II of subchapter B of chapter 1
(relating to items specifically included in gross income) is
amended by adding at the end the following new section:

``SEC. 91. PUNITIVE DAMAGES COMPENSATED BY INSURANCE OR
OTHERWISE.

``Gross income shall include any amount paid to or on
behalf of a taxpayer as insurance or otherwise by reason of
the taxpayer's liability (or agreement) to pay punitive
damages.''.
(B) Reporting requirements.--Section 6041 (relating to
information at source) is amended by adding at the end the
following new subsection:
``(h) Section To Apply to Punitive Damages Compensation.--
This section shall apply to payments by a person to or on
behalf of another person as insurance or otherwise by reason
of the other person's liability (or agreement) to pay
punitive damages.''.
(C) Conforming amendment.--The table of sections for part
II of subchapter B of chapter 1 is amended by adding at the
end the following new item:

``Sec. 91. Punitive damages compensated by insurance or otherwise.''.

(3) Effective date.--The amendments made by this subsection
shall apply to damages paid or incurred on or after the date
of the enactment of this Act.
(c) Denial of Deduction for Certain Fines, Penalties, and
Other Amounts.--
(1) In general.--Subsection (f) of section 162 (relating to
trade or business expenses) is amended to read as follows:
``(f) Fines, Penalties, and Other Amounts.--
``(1) In general.--Except as provided in paragraph (2), no
deduction otherwise allowable shall be allowed under this
chapter for any amount paid or incurred (whether by suit,
agreement, or otherwise) to, or at the direction of, a
government or entity described in paragraph (4) in relation
to the violation of any law or the investigation or inquiry
by such government or entity into the potential violation of
any law.
``(2) Exception for amounts constituting restitution or
paid to come into compliance with law.--Paragraph (1) shall
not apply to any amount which--
``(A) the taxpayer establishes--
``(i) constitutes restitution (including remediation of
property) for damage or harm caused by or which may be caused
by the violation of any law or the potential violation of any
law, or
``(ii) is paid to come into compliance with any law which
was violated or involved in the investigation or inquiry, and
``(B) is identified as restitution or as an amount paid to
come into compliance with the law, as the case may be, in the
court order or settlement agreement.
A taxpayer shall not meet the requirements of subparagraph
(A) solely by reason an identification under subparagraph
(B). This paragraph shall not apply to any amount paid or
incurred as reimbursement to the government or entity for the
costs of any investigation or litigation.
``(3) Exception for amounts paid or incurred as the result
of certain court orders.--Paragraph (1) shall not apply to
any amount paid or incurred by order of a court in a suit in
which no government or entity described in paragraph (4) is a
party.
``(4) Certain nongovernmental regulatory entities.--An
entity is described in this paragraph if it is--
``(A) a nongovernmental entity which exercises self-
regulatory powers (including imposing sanctions) in
connection with a qualified board or exchange (as defined in
section 1256(g)(7)), or
``(B) to the extent provided in regulations, a
nongovernmental entity which exercises

[[Page S10829]]

self-regulatory powers (including imposing sanctions) as part
of performing an essential governmental function.
``(5) Exception for taxes due.--Paragraph (1) shall not
apply to any amount paid or incurred as taxes due.''.
(2) Reporting of deductible amounts.--
(A) In general.--Subpart B of part III of subchapter A of
chapter 61 is amended by inserting after section 6050V the
following new section:

``SEC. 6050W. INFORMATION WITH RESPECT TO CERTAIN FINES,
PENALTIES, AND OTHER AMOUNTS.

``(a) Requirement of Reporting.--
``(1) In general.--The appropriate official of any
government or entity which is described in section 162(f)(4)
which is involved in a suit or agreement described in
paragraph (2) shall make a return in such form as determined
by the Secretary setting forth--
``(A) the amount required to be paid as a result of the
suit or agreement to which paragraph (1) of section 162(f)
applies,
``(B) any amount required to be paid as a result of the
suit or agreement which constitutes restitution or
remediation of property, and
``(C) any amount required to be paid as a result of the
suit or agreement for the purpose of coming into compliance
with any law which was violated or involved in the
investigation or inquiry.
``(2) Suit or agreement described.--
``(A) In general.--A suit or agreement is described in this
paragraph if--
``(i) it is--

``(I) a suit with respect to a violation of any law over
which the government or entity has authority and with respect
to which there has been a court order, or
``(II) an agreement which is entered into with respect to a
violation of any law over which the government or entity has
authority, or with respect to an investigation or inquiry by
the government or entity into the potential violation of any
law over which such government or entity has authority, and

``(ii) the aggregate amount involved in all court orders
and agreements with respect to the violation, investigation,
or inquiry is $600 or more.
``(B) Adjustment of reporting threshold.--The Secretary may
adjust the $600 amount in subparagraph (A)(ii) as necessary
in order to ensure the efficient administration of the
internal revenue laws.
``(3) Time of filing.--The return required under this
subsection shall be filed not later than--
``(A) 30 days after the date on which a court order is
issued with respect to the suit or the date the agreement is
entered into, as the case may be, or
``(B) the date specified Secretary.
``(b) Statements To Be Furnished to Individuals Involved in
the Settlement.--Every person required to make a return under
subsection (a) shall furnish to each person who is a party to
the suit or agreement a written statement showing--
``(1) the name of the government or entity, and
``(2) the information supplied to the Secretary under
subsection (a)(1).
The written statement required under the preceding sentence
shall be furnished to the person at the same time the
government or entity provides the Secretary with the
information required under subsection (a).
``(c) Appropriate Official Defined.--For purposes of this
section, the term `appropriate official' means the officer or
employee having control of the suit, investigation, or
inquiry or the person appropriately designated for purposes
of this section.''.
(B) Conforming amendment.--The table of sections for
subpart B of part III of subchapter A of chapter 61 is
amended by inserting after the item relating to section 6050V
the following new item:

``Sec. 6050W. Information with respect to certain fines, penalties, and
other amounts.''.

(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred on or after the date
of the enactment of this Act, except that such amendments
shall not apply to amounts paid or incurred under any binding
order or agreement entered into before such date. Such
exception shall not apply to an order or agreement requiring
court approval unless the approval was obtained before such
date.
______

SA 2629. Mr. DOMENICI (for himself and Mr. Dorgan) submitted an
amendment intended to be proposed by him to the bill H.R. 976, to amend
title XXI of the Social Security Act to reauthorize the State
Children's Health Insurance Program, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. REAUTHORIZATION OF SPECIAL DIABETES PROGRAMS FOR
TYPE I DIABETES AND INDIAN.

(a) Special Diabetes Programs for Type I Diabetes.--Section
330B(b)(2) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) $200,000,000 for each of fiscal years 2009 through
2013.''.
(b) Special Diabetes Programs for Indians.--Section
330C(c)(2) of the Public Health Service Act (42 U.S.C. 254c-
3(c)(2)) is amended--
(1) in subparagraph (B), by striking ``and'' at the end;
(2) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(D) $200,000,000 for each of fiscal years 2009 through
2013.''.
______

SA 2630. Ms. MURKOWSKI submitted an amendment intended to be proposed
to amendment SA 2530 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to amend title
XXI of the Social Security Act to reauthorize the State Children's
Health Insurance Program, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. MORATORIUM ON CERTAIN PAYMENT RESTRICTIONS.

Notwithstanding any other provision of law, the Secretary
shall not, prior to the date that is 1 year after the date of
enactment of this Act, take any action (through promulgation
of regulation, issuance of regulatory guidance, use of
federal payment audit procedures, or other administrative
action, policy, or practice, including a Medical Assistance
Manual transmittal or letter to State Medicaid directors) to
restrict coverage or payment under title XIX of the Social
Security Act for rehabilitation services, or school-based
administration, transportation, or medical services if such
restrictions are more restrictive in any aspect than those
applied to such coverage or payment as of July 1, 2007.
______

SA 2631. Mr. DODD (for himself, Mrs. Clinton, Mrs. Dole, Mr. Graham,
Ms. Mikulski, Mr. Chambliss, Mr. Brown, Mr. Cardin, Mr. Menendez, Mr.
Salazar, Mr. Kennedy, Mr. Reed, Mrs. Boxer, Mrs. Murray, Mr. Lieberman,
and Mr. Roberts) proposed an amendment to amendment SA 2530 proposed by
Mr. Baucus (for himself, Mr. Grassley, Mr. Rockefeller, and Mr. Hatch)
to the bill H.R. 976, to amend title XXI of the Social Security Act to
reauthorize the State Children's Health Insurance Program, and for
other purposes; as follows:

At the end of title VI, add the following:

SEC. 610. SUPPORT FOR INJURED SERVICEMEMBERS.

(a) Short Title.--This section may be cited as the
``Support for Injured Servicemembers Act''.
(b) Servicemember Family Leave.--
(1) Definitions.--Section 101 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at
the end the following:
``(14) Active duty.--The term `active duty' means duty
under a call or order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10, United
States Code.
``(15) Covered servicemember.--The term `covered
servicemember' means a member of the Armed Forces, including
a member of the National Guard or a Reserve, who is
undergoing medical treatment, recuperation, or therapy, is
otherwise in medical hold or medical holdover status, or is
otherwise on the temporary disability retired list, for a
serious injury or illness.
``(16) Medical hold or medical holdover status.--The term
`medical hold or medical holdover status' means--
``(A) the status of a member of the Armed Forces, including
a member of the National Guard or a Reserve, assigned or
attached to a military hospital for medical care; and
``(B) the status of a member of a reserve component of the
Armed Forces who is separated, whether pre-deployment or
post-deployment, from the member's unit while in need of
health care based on a medical condition identified while the
member is on active duty in the Armed Forces.
``(17) Next of kin.--The term `next of kin', used with
respect to an individual, means the nearest blood relative of
that individual.
``(18) Serious injury or illness.--The term `serious injury
or illness', in the case of a member of the Armed Forces,
means an injury or illness incurred by the member in line of
duty on active duty in the Armed Forces that may render the
member medically unfit to perform the duties of the member's
office, grade, rank, or rating.''.
(2) Entitlement to leave.--Section 102(a) of such Act (29
U.S.C. 2612(a)) is amended by adding at the end the
following:
``(3) Servicemember family leave.--Subject to section 103,
an eligible employee who is the spouse, son, daughter,
parent, or next of kin of a covered servicemember shall be
entitled to a total of 26 workweeks of leave during a 12-
month period to care for the servicemember. The leave
described in this paragraph shall only be available during a
single 12-month period.

[[Page S10830]]

``(4) Combined leave total.--During the single 12-month
period described in paragraph (3), an eligible employee shall
be entitled to a combined total of 26 workweeks of leave
under paragraphs (1) and (3). Nothing in this paragraph shall
be construed to limit the availability of leave under
paragraph (1) during any other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 102(b) of such Act (29 U.S.C.
2612(b)) is amended--
(i) in paragraph (1), in the second sentence--

(I) by striking ``section 103(b)(5)'' and inserting
``subsection (b)(5) or (f) (as appropriate) of section 103'';
and
(II) by inserting ``or under subsection (a)(3)'' after
``subsection (a)(1)''; and

(ii) in paragraph (2), by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(B) Substitution of paid leave.--Section 102(d) of such Act
(29 U.S.C. 2612(d)) is amended--
(i) in paragraph (1)--

(I) by inserting ``(or 26 workweeks in the case of leave
provided under subsection (a)(3))'' after ``12 workweeks''
the first place it appears; and
(II) by inserting ``(or 26 workweeks, as appropriate)''
after ``12 workweeks'' the second place it appears; and

(ii) in paragraph (2)(B), by adding at the end the
following: ``An eligible employee may elect, or an employer
may require the employee, to substitute any of the accrued
paid vacation leave, personal leave, family leave, or medical
or sick leave of the employee for leave provided under
subsection (a)(3) for any part of the 26-week period of such
leave under such subsection.''.
(C) Notice.--Section 102(e)(2) of such Act (29 U.S.C.
2612(e)(2)) is amended by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(D) Spouses employed by same employer.--Section 102(f) of
such Act (29 U.S.C. 2612(f)) is amended--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), and aligning the margins of the
subparagraphs with the margins of section 102(e)(2)(A);
(ii) by striking ``In any'' and inserting the following:
``(1) In general.--In any''; and
(iii) by adding at the end the following:
``(2) Servicemember family leave.--
``(A) In general.--The aggregate number of workweeks of
leave to which both that husband and wife may be entitled
under subsection (a) may be limited to 26 workweeks during
the single 12-month period described in subsection (a)(3) if
the leave is--
``(i) leave under subsection (a)(3); or
``(ii) a combination of leave under subsection (a)(3) and
leave described in paragraph (1).
``(B) Both limitations applicable.--If the leave taken by
the husband and wife includes leave described in paragraph
(1), the limitation in paragraph (1) shall apply to the leave
described in paragraph (1).''.
(E) Certification.--Section 103 of such Act (29 U.S.C.
2613) is amended by adding at the end the following:
``(f) Certification for Servicemember Family Leave.--An
employer may require that a request for leave under section
102(a)(3) be supported by a certification issued at such time
and in such manner as the Secretary may by regulation
prescribe.''.
(F) Failure to return.--Section 104(c) of such Act (29
U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by inserting ``or under section
102(a)(3)'' before the semicolon; and
(ii) in paragraph (3)(A)--

(I) in clause (i), by striking ``or'' at the end;
(II) in clause (ii), by striking the period and inserting
``; or''; and
(III) by adding at the end the following:

``(iii) a certification issued by the health care provider
of the servicemember being cared for by the employee, in the
case of an employee unable to return to work because of a
condition specified in section 102(a)(3).''.
(G) Enforcement.--Section 107 of such Act (29 U.S.C. 2617)
is amended, in subsection (a)(1)(A)(i)(II), by inserting
``(or 26 weeks, in a case involving leave under section
102(a)(3))'' after ``12 weeks''.
(H) Instructional employees.--Section 108 of such Act (29
U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and
(d)(3), by inserting ``or under section 102(a)(3)'' after
``section 102(a)(1)''.
(c) Servicemember Family Leave for Civil Service
Employees.--
(1) Definitions.--Section 6381 of title 5, United States
Code, is amended--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(7) the term `active duty' means duty under a call or
order to active duty under a provision of law referred to in
section 101(a)(13)(B) of title 10, United States Code;
``(8) the term `covered servicemember' means a member of
the Armed Forces, including a member of the National Guard or
a Reserve, who is undergoing medical treatment, recuperation,
or therapy, is otherwise in medical hold or medical holdover
status, or is otherwise on the temporary disability retired
list, for a serious injury or illness;
``(9) the term `medical hold or medical holdover status'
means--
``(A) the status of a member of the Armed Forces, including
a member of the National Guard or a Reserve, assigned or
attached to a military hospital for medical care; and
``(B) the status of a member of a reserve component of the
Armed Forces who is separated, whether pre-deployment or
post-deployment, from the member's unit while in need of
health care based on a medical condition identified while the
member is on active duty in the Armed Forces;
``(10) the term `next of kin', used with respect to an
individual, means the nearest blood relative of that
individual; and
``(11) the term `serious injury or illness', in the case of
a member of the Armed Forces, means an injury or illness
incurred by the member in line of duty on active duty in the
Armed Forces that may render the member medically unfit to
perform the duties of the member's office, grade, rank, or
rating.''.
(2) Entitlement to leave.--Section 6382(a) of such title is
amended by adding at the end the following:
``(3) Subject to section 6383, an employee who is the
spouse, son, daughter, parent, or next of kin of a covered
servicemember shall be entitled to a total of 26
administrative workweeks of leave during a 12-month period to
care for the servicemember. The leave described in this
paragraph shall only be available during a single 12-month
period.
``(4) During the single 12-month period described in
paragraph (3), an employee shall be entitled to a combined
total of 26 administrative workweeks of leave under
paragraphs (1) and (3). Nothing in this paragraph shall be
construed to limit the availability of leave under paragraph
(1) during any other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 6382(b) of such title is amended--
(i) in paragraph (1), in the second sentence--

(I) by striking ``section 6383(b)(5)'' and inserting
``subsection (b)(5) or (f) (as appropriate) of section
6383''; and
(II) by inserting ``or under subsection (a)(3)'' after
``subsection (a)(1)''; and

(ii) in paragraph (2), by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(B) Substitution of paid leave.--Section 6382(d) of such
title is amended by adding at the end the following: ``An
employee may elect to substitute for leave under subsection
(a)(3) any of the employee's accrued or accumulated annual or
sick leave under subchapter I for any part of the 26-week
period of leave under such subsection.''.
(C) Notice.--Section 6382(e) of such title is amended by
inserting ``or under subsection (a)(3)'' after ``subsection
(a)(1)''.
(D) Certification.--Section 6383 of such title is amended
by adding at the end the following:
``(f) An employing agency may require that a request for
leave under section 6382(a)(3) be supported by a
certification issued at such time and in such manner as the
Office of Personnel Management may by regulation
prescribe.''.
______

SA 2632. Mrs. CLINTON (for herself, Mr. Bingaman, Mr. Kerry, Mr.
Menendez, Mrs. Boxer, Mr. Dodd, Mr. Durbin, Mr. Whitehouse, Mrs.
Feinstein, Mr. Levin, Mr. Kennedy, Mrs. Murray, Mr. Nelson of Florida,
Mr. Reid, Mr. Lautenberg, and Mr. Brown) submitted an amendment
intended to be proposed to amendment SA 2530 proposed by Mr. Baucus
(for himself, Mr. Grassley, Mr. Rockefeller, and Mr. Hatch) to the bill
H.R. 976, to amend title XXI of the Social Security Act to reauthorize
the State Children's Health Insurance Program, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. OPTIONAL COVERAGE OF LEGAL IMMIGRANTS UNDER MEDICAID
AND CHIP.

(a) Medicaid Program.--Section 1903(v) (42 U.S.C. 1396b(v))
is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (4)''; and
(2) by adding at the end the following new paragraph:
``(4)(A) A State may elect (in a plan amendment under this
title) to provide medical assistance under this title,
notwithstanding sections 401(a), 402(b), 403, and 421 of the
Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, for aliens who are lawfully residing in the
United States (including battered aliens described in section
431(c) of such Act) and who are otherwise eligible for such
assistance, within either or both of the following
eligibility categories:
``(i) Pregnant women.--Women during pregnancy (and during
the 60-day period beginning on the last day of the
pregnancy).
``(ii) Children.--Individuals under 21 years of age,
including optional targeted low-income children described in
section 1905(u)(2)(B).
``(B) In the case of a State that has elected to provide
medical assistance to a category of aliens under subparagraph
(A), no debt shall accrue under an affidavit of support
against any sponsor of such an alien on the basis of
provision of assistance to such category and the cost of such
assistance shall not be considered as an unreimbursed
cost.''.
(b) SCHIP.--Section 2107(e)(1) (42 U.S.C. 1397gg(e)(1)), as
amended by section 609, is

[[Page S10831]]

amended by inserting after subparagraph (B) the following new
subparagraph (and redesignating the succeeding subparagraphs
accordingly):
``(C) Section 1903(v)(4) (relating to optional coverage of
categories of lawfully residing immigrant children), but only
if the State has elected to apply such section to the
category of children under title XIX.''.
______

SA 2633. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 2567 submitted by Mr. Cardin and intended to be proposed
to the amendment SA 2530 proposed by Mr. Baucus (for himself, Mr.
Grassley, Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to
amend title XXI of the Social Security Act to reauthorize the State
Children's Health Insurance Program, and for other purposes; which was
ordered to lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SEC. ____. TO MAKE DENTAL PROVIDER INFORMATION MORE
ACCESSIBLE TO ENROLLEES UNDER MEDICAID AND
CHIP.

(a) In General.--The Secretary shall work with States,
pediatric dentists, and other dental providers to include on
the Insure Kids Now website (
http://www.insurekidsnow.gov/
)
and hotline (1-877-KIDS-NOW) a current and accurate list of
all dentists and other dental providers within each State
that provide dental services to children enrolled in a State
plan under Medicaid or a State child health plan under CHIP.
(b) Timeframe and Updated List.--The Secretary shall ensure
that--
(1) the list described in subsection (a) is available on
such website and hotline by not later than 1 year after the
date of enactment of this Act;
(2) such list is updated quarterly; and
(3) such website and hotline use the most up-to-date list.
______

SA 2634. Mr. CARDIN submitted an amendment intended to be proposed to
amendment SA 2567 submitted by Mr. Cardin and intended to be proposed
to the amendment SA 2530 proposed by Mr. Baucus (for himself, Mr.
Grassley, Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to
amend title XXI of the Social Security Act to reauthorize the State
Children's Health Insurance Program, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title II, add the following:

SEC. ____. TO MAKE DENTAL PROVIDER INFORMATION MORE
ACCESSIBLE TO ENROLLEES UNDER MEDICAID AND
CHIP.

(a) In General.--The Secretary shall work with States,
pediatric dentists, and other dental providers to include on
the Insure Kids Now website (
http://www.insurekidsnow.gov/
)
and hotline (1-877-KIDS-NOW) a current and accurate list of
all dentists and other dental providers within each State
that provide dental services to children enrolled in a State
plan under Medicaid or a State child health plan under CHIP.
(b) Timeframe and Updated List.--The Secretary shall ensure
that--
(1) the list described in subsection (a) is available on
such website and hotline by not later than 1 year after the
date of enactment of this Act;
(2) such list is updated quarterly; and
(3) such website and hotline use the most up-to-date list.

______

SA 2635. Mr. CARDIN (for himself, Mr. Bingaman, Ms. Collins, and Ms.
Mikulski) submitted an amendment intended to be proposed to amendment
SA 2530, proposed by Mr. Baucus (for himself, Mr. Grassley, Mr.
Rockefeller, and Mr. Hatch) to the bill H.R. 976, to amend title XXI of
the Social Security Act to reauthorize the State Children's Health
Insurance Program, and for other purposes; which was ordered to lie on
the table; as follows:

On page 192, between lines 12 and 13, insert the following:
``(j) Demonstration Projects to Increase Access to
Pediatric Dental Services in Undeserved Areas.--
``(1) In general.--During the period of fiscal years 2008
through 2012, the Secretary shall award not more than 10
grants to States and school-based health centers to conduct
demonstration projects to evaluate promising ideas for
improving access to quality dental health services for
children in undeserved areas under title XIX or XXI.''.
______

SA 2636. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 2530, proposed by Mr. Baucus (for himself, Mr.
Grassley, Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to
amend title XXI of the Social Security Act to reauthorize the State
Children's Health Insurance Program, and for other purposes; which was
ordered to lie on the table; as follows:

On page 217, after line 25, add the following:

SEC. __. GAO REPORT REGARDING THE FINANCIAL IMPACT OF
HURRICANE KATRINA AND HURRICANE RITA ON
LOUISIANA HEALTH CARE FACILITIES.

(a) Report.--Not later than 6 months after enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report on the financial impact of
Hurricane Katrina and Hurricane Rita on health care
facilities located in Louisiana.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) Assessment.--An assessment of the continued financial
impact on health care facilities located in Louisiana as a
direct or indirect result of Hurricane Katrina and Hurricane
Rita, including financial losses.
(2) Potential role of congress.--Recommendations regarding
the potential role of Congress and the Louisiana State
government in mitigating the losses determined under
paragraph (1).
______

SA 2637. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 2530, proposed by Mr. Baucus (for himself, Mr.
Grassley, Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to
amend title XXI of the Social Security Act to reauthorize the State
Children's Health Insurance Program, and for other purposes; which was
ordered to lie on the table; as follows:

On page 124, line 9, add at the end the following:
``Notwithstanding the preceding sentence, the Secretary may
waive the requirements of section 1902(a)(46)(B) of such Act
for any State affected by Hurricane Katrina or Hurricane Rita
in order to allow the State to conditionally enroll
individuals who are working in good faith to secure
satisfactory documentation.''.
______

SA 2638. Ms. LANDRIEU (for herself and Mr. Coleman) submitted an
amendment intended to be proposed to amendment SA 2530, proposed by Mr.
Baucus (for himself, Mr. Grassley, Mr. Rockefeller, and Mr. Hatch) to
the bill H.R. 976, to amend title XXI of the Social Security Act to
reauthorize the State Children's Health Insurance Program, and for
other purposes; which was ordered to lie on the table; as follows:

On page 217, after line 25, insert the following:

SEC. __. COVERAGE OF MINOR CHILD'S CONGENITAL OR
DEVELOPMENTAL DEFORMITY OR DISORDER UNDER GROUP
AND INDIVIDUAL HEALTH INSURANCE COVERAGE AND
GROUP HEALTH PLANS .

(a) Group Health Plans.--
(1) Public health service act amendments.--
(A) In general.--Subpart 2 of part A of title XXVII of the
Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is
amended by adding at the end the following:

``SEC. 2707. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
CONGENITAL OR DEVELOPMENTAL DEFORMITY OR
DISORDER.

``(a) Requirements for Reconstructive Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
that provides coverage for surgical benefits shall provide
coverage for outpatient and inpatient diagnosis and treatment
of a minor child's congenital or developmental deformity,
disease, or injury. A minor child shall include any
individual through 21 years of age.
``(2) Requirements.--Any coverage provided under paragraph
(1) shall be subject to pre-authorization or pre-
certification as required by the plan or issuer, and such
coverage shall include any surgical treatment which, in the
opinion of the treating physician, is medically necessary to
approximate a normal appearance.
``(3) Treatment defined.--
``(A) In general.--In this section, the term `treatment'
includes reconstructive surgical procedures (procedures that
are generally performed to improve function, but may also be
performed to approximate a normal appearance) that are
performed on abnormal structures of the body caused by
congenital defects, developmental abnormalities, trauma,
infection, tumors, or disease, including--
``(i) procedures that do not materially affect the function
of the body part being treated; and
``(ii) procedures for secondary conditions and follow-up
treatment.
``(B) Exception.--Such term does not include cosmetic
surgery performed to reshape normal structures of the body to
improve appearance or self-esteem.
``(b) Notice.--A group health plan under this part shall
comply with the notice requirement under section 714(b) of
the Employee Retirement Income Security Act of 1974 with
respect to the requirements of this section as if such
section applied to such plan.''.
(B) Conforming amendment.--Section 2723(c) of the Public
Health Service Act (42 U.S.C. 300gg-23(c)) is amended by
striking ``section 2704'' and inserting ``sections 2704 and
2707''.
(2) ERISA amendments.--

[[Page S10832]]

(A) In general.--Subpart B of part 7 of subtitle B of title
I of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1185 et seq.) is amended by adding at the end the
following:

``SEC. 714. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
CONGENITAL OR DEVELOPMENTAL DEFORMITY OR
DISORDER.

``(a) Requirements for Reconstructive Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
that provides coverage for surgical benefits shall provide
coverage for outpatient and inpatient diagnosis and treatment
of a minor child's congenital or developmental deformity,
disease, or injury. A minor child shall include any
individual through 21 years of age.
``(2) Requirements.--Any coverage provided under paragraph
(1) shall be subject to pre-authorization or pre-
certification as required by the plan or issuer, and such
coverage shall include any surgical treatment which, in the
opinion of the treating physician, is medically necessary to
approximate a normal appearance.
``(3) Treatment defined.--
``(A) In general.--In this section, the term `treatment'
includes reconstructive surgical procedures (procedures that
are generally performed to improve function, but may also be
performed to approximate a normal appearance) that are
performed on abnormal structures of the body caused by
congenital defects, developmental abnormalities, trauma,
infection, tumors, or disease, including--
``(i) procedures that do not materially affect the function
of the body part being treated; and
``(ii) procedures for secondary conditions and follow-up
treatment.
``(B) Exception.--Such term does not include cosmetic
surgery performed to reshape normal structures of the body to
improve appearance or self-esteem.
``(b) Notice Under Group Health Plan.--The imposition of
the requirements of this section shall be treated as a
material modification in the terms of the plan described in
section 102(a)(1), for purposes of assuring notice of such
requirements under the plan; except that the summary
description required to be provided under the last sentence
of section 104(b)(1) with respect to such modification shall
be provided by not later than 60 days after the first day of
the first plan year in which such requirements apply.''.
(B) Conforming amendments.--
(i) Section 731(c) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191(c)) is amended by
striking ``section 711'' and inserting ``sections 711 and
714''.
(ii) Section 732(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by
striking ``section 711'' and inserting ``sections 711 and
714''.
(iii) The table of contents in section 1 of the Employee
Retirement Income Security Act of 1974 is amended by
inserting after the item relating to section 713 the
following:

``Sec. 714. Standards relating to benefits for minor child's congenital
or developmental deformity or disorder.''.
(3) Internal revenue code amendments.--Subchapter B of
chapter 100 of the Internal Revenue Code of 1986 is amended--
(A) in the table of sections, by inserting after the item
relating to section 9812 the following:

``Sec. 9813. Standards relating to benefits for minor child's
congenital or developmental deformity or disorder.'';
and
(B) by inserting after section 9812 the following:

``SEC. 9813. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
CONGENITAL OR DEVELOPMENTAL DEFORMITY OR
DISORDER.

``(a) Requirements for Reconstructive Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
that provides coverage for surgical benefits shall provide
coverage for outpatient and inpatient diagnosis and treatment
of a minor child's congenital or developmental deformity,
disease, or injury. A minor child shall include any
individual through 21 years of age.
``(2) Requirements.--Any coverage provided under paragraph
(1) shall be subject to pre-authorization or pre-
certification as required by the plan or issuer, and such
coverage shall include any surgical treatment which, in the
opinion of the treating physician, is medically necessary to
approximate a normal appearance.
``(3) Treatment defined.--
``(A) In general.--In this section, the term `treatment'
includes reconstructive surgical procedures (procedures that
are generally performed to improve function, but may also be
performed to approximate a normal appearance) that are
performed on abnormal structures of the body caused by
congenital defects, developmental abnormalities, trauma,
infection, tumors, or disease, including--
``(i) procedures that do not materially affect the function
of the body part being treated; and
``(ii) procedures for secondary conditions and follow-up
treatment.
``(B) Exception.--Such term does not include cosmetic
surgery performed to reshape normal structures of the body to
improve appearance or self-esteem.''.
(b) Individual Health Insurance.--
(1) In general.--Part B of title XXVII of the Public Health
Service Act is amended by inserting after section 2752 the
following:

``SEC. 2753. STANDARDS RELATING TO BENEFITS FOR MINOR CHILD'S
CONGENITAL OR DEVELOPMENTAL DEFORMITY OR
DISORDER.

``(a) Requirements for Reconstructive Surgery.--
``(1) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage,
that provides coverage for surgical benefits shall provide
coverage for outpatient and inpatient diagnosis and treatment
of a minor child's congenital or developmental deformity,
disease, or injury. A minor child shall include any
individual through 21 years of age.
``(2) Requirements.--Any coverage provided under paragraph
(1) shall be subject to pre-authorization or pre-
certification as required by the plan or issuer, and such
coverage shall include any surgical treatment which, in the
opinion of the treating physician, is medically necessary to
approximate a normal appearance.
``(3) Treatment defined.--
``(A) In general.--In this section, the term `treatment'
includes reconstructive surgical procedures (procedures that
are generally performed to improve function, but may also be
performed to approximate a normal appearance) that are
performed on abnormal structures of the body caused by
congenital defects, developmental abnormalities, trauma,
infection, tumors, or disease, including--
``(i) procedures that do not materially affect the function
of the body part being treated; and
``(ii) procedures for secondary conditions and follow-up
treatment.
``(B) Exception.--Such term does not include cosmetic
surgery performed to reshape normal structures of the body to
improve appearance or self-esteem.
``(b) Notice.--A health insurance issuer under this part
shall comply with the notice requirement under section 714(b)
of the Employee Retirement Income Security Act of 1974 with
respect to the requirements referred to in subsection (a) as
if such section applied to such issuer and such issuer were a
group health plan.''.
(2) Conforming amendment.--Section 2762(b)(2) of the Public
Health Service Act (42 U.S.C. 300gg-62(b)(2)) is amended by
striking ``section 2751'' and inserting ``sections 2751 and
2753''.
(c) Effective Dates.--
(1) Group health coverage.--The amendments made by
subsection (a) shall apply with respect to group health plans
for plan years beginning on or after January 1, 2008.
(2) Individual health coverage.--The amendment made by
subsection (b) shall apply with respect to health insurance
coverage offered, sold, issued, renewed, in effect, or
operated in the individual market on or after such date.
(d) Coordinated Regulations.--Section 104(1) of Health
Insurance Portability and Accountability Act of 1996 (42
U.S.C. 300gg-92 note) is amended by striking ``this subtitle
(and the amendments made by this subtitle and section 401)''
and inserting ``the provisions of part 7 of subtitle B of
title I of the Employee Retirement Income Security Act of
1974, the provisions of parts A and C of title XXVII of the
Public Health Service Act, and chapter 100 of the Internal
Revenue Code of 1986''.
______

SA 2639. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 2530 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to amend title
XXI of the Social Security Act to reauthorize the State Children's
Health Insurance Program, and for other purposes; which was ordered to
lie on the table; as follows:

On page 38, line 3, insert ``(or, in the case of Louisiana,
the average monthly enrollment of low-income children
enrolled in the such plan for the second quarter of fiscal
year 2007, as determined over a 3-month period on such
basis)''after ``(MSIS)''.
______

SA 2640. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 2530 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to amend title
XXI of the Social Security Act to reauthorize the State Children's
Health Insurance Program, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF THE SENATE CONCERNING THE HEALTH CARE OF
CHILDREN DISPLACED DURING A CATASTROPHIC
DISASTER.

(a) Findings.--The Senate makes the following findings:
(1) Hurricanes Katrina and Rita of 2005 displaced more that
1,300,000 Louisianans, of those 372,000 were children
displaced from schools.
(2) Before the Hurricanes, 48 percent of Louisiana children
belonged to low income families.
(3) In New Orleans alone, 28 percent of children lived
below the poverty line.

[[Page S10833]]

(4) In August of 2006, there were more than 251,000
evacuees still living in Texas, according to a study by the
Texas Department of Health and Human Services. The study
found that 54 percent of the evacuee households received
Federal housing subsidies, 39 percent received food stamps,
32 percent received unemployment benefits, and about half of
the households included children covered by Medicaid or the
Children's Health Insurance Program. Thirty-nine percent of
the evacuees in Texas are children, and 60 percent of the
adult evacuees are women.
(5) Disasters of the magnitude of Hurricanes Katrina and
Rita will occur again in the future.
(b) Sense of the Senate.--It is the sense of the Senate
that the conferees for this bill should review issues
concerning the health care of displaced children during a
manmade or natural disaster of a catastrophic nature and
should consider solutions to the following concerns to
prevent future evacuated children from being denied health
insurance coverage:
(1) Lack of transferability of health insurance for
children who are evacuated from one State to another.
(2) Length of eligibility review processes.
(3) Burdensome eligibility and enrollment requirements.
(4) Sources of funding for services provided by host States
that receive evacuees.
______

SA 2641. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 2530 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to amend title
XXI of the Social Security Act to reauthorize the State Children's
Health Insurance Program, and for other purposes; which was ordered to
lie on the table; as follows:

At the end of subtitle E of title X, add the following:

SEC. 1070. UNIFORM STANDARDS FOR INTERROGATION TECHNIQUES
APPLICABLE TO INDIVIDUALS UNDER CONTROL OR
CUSTODY OF THE UNITED STATES GOVERNMENT.

(a) In General.--No individual in the custody or under the
effective control of the United States Government or any
agency or instrumentality thereof, regardless of nationality
or physical location, shall be subject to any treatment or
technique of interrogation not authorized by sections 5-50
through 5-99 of the United States Army Field Manual on Human
Intelligence Collector Operations.
(b) Prohibited Actions.--The treatment or techniques of
interrogation prohibited under subsection (a) include, but
are not limited to, the following:
(1) Forcing an individual to be naked, perform sexual acts,
or pose in a sexual manner.
(2) Placing a hood or sack over the head of an individual,
or using or placing duct tape over the eyes of an individual.
(3) Applying a beating, electric shock, burns, or other
forms of physical pain to an individual.
(4) Subjecting an individual to the procedure known as
``waterboarding''.
(5) Subjecting an individual to threats or attack from a
military working dog.
(6) Inducing hypothermia or heat injury in an individual.
(7) Conducting a mock execution of an individual.
(8) Depriving an individual of necessary food, water, or
medical care.
(c) Applicability.--Subsection (a) shall not apply with
respect to any individual in the custody or under the
effective control of the United States Government pursuant to
a criminal law or immigration law of the United States.
(d) Construction.--Nothing in this section shall be
construed to affect the rights under the United States
Constitution of any individual in the custody or under the
effective control of the United States Government.
______

SA 2642. Mr. BINGAMAN (for himself, Ms. Collins, Mr. Cardin, and Ms.
Mikulski) submitted an amendment intended to be proposed to amendment
SA 2604 submitted by Mrs. Hutchison and intended to be proposed to the
amendment SA 2530 proposed by Mr. Baucus (for himself, Mr. Grassley,
Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to amend title
XXI of the Social Security Act to reauthorize the State Children's
Health Insurance Program, and for other purposes; which was ordered to
lie on the table; as follows:

On page 2 of the amendment, between lines 8 and 9, insert
the following:
``(ii) limiting the authority a State described in clause
(i), or any other State that provides premium assistance
under the authority of this paragraph or otherwise, to
provide dental coverage to children who would be targeted
low-income children but for the application of paragraph
(1)(C) of section 2110(b) and who do not otherwise have
dental coverage; or''.
______

SA 2643. Mr. KENNEDY (for himself, Mrs. McCaskill, Mr. Lieberman, Ms.
Mikulski, Mr. Akaka, and Mr. Brown) submitted an amendment intended to
be proposed by him to the bill H.R. 1585, to authorize appropriations
for fiscal year 2008 for military activities of the Department of
Defense, for military construction, and for defense activities of the
Department of Energy, to prescribe military personnel strengths for
such fiscal year, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title III, add the following:

SEC. 358. MODIFICATION TO PUBLIC-PRIVATE COMPETITION
REQUIREMENTS BEFORE CONVERSION TO CONTRACTOR
PERFORMANCE.

(a) Comparison of Retirement System Costs.--Section
2461(a)(1) of title 10, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the end;
(2) by redesignating subparagraph (G) as subparagraph (H);
and
(3) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) requires that the contractor shall not receive an
advantage for a proposal that would reduce costs for the
Department of Defense by--
``(i) not making an employer-sponsored health insurance
plan (or payment that could be used in lieu of such a plan),
health savings account, or medical savings account, available
to the workers who are to be employed to perform the function
under the contract;
``(ii) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute
less towards the premium or subscription share than the
amount that is paid by the Department of Defense for health
benefits for civilian employees of the Department under
chapter 89 of title 5; or
``(iii) offering to such workers a retirement benefit that,
in any year, costs less than the annual retirement cost
factor applicable to civilian employees of the Department of
Defense under chapter 84 of title 5; and''.
(b) Conforming Amendments.--Such title is further amended--
(1) by striking section 2467; and
(2) in section 2461--
(A) by redesignating subsections (b) through (d) as
subsections (c) through (e); and
(B) by inserting after subsection (a) the following new
subsection (b):
``(b) Requirement to Consult DOD Employees.--(1) Each
officer or employee of the Department of Defense responsible
for determining under Office of Management and Budget
Circular A-76 whether to convert to contractor performance
any function of the Department of Defense--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the
management efficiency study used in making that
determination, consult with civilian employees who will be
affected by that determination and consider the views of such
employees on the development and preparation of that
statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, consultation with representatives of that
labor organization shall satisfy the consultation requirement
in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with
appropriate representatives of those employees shall satisfy
the consultation requirement in paragraph (1).
``(C) The Secretary of Defense shall prescribe regulations
to carry out this subsection. The regulations shall include
provisions for the selection or designation of appropriate
representatives of employees referred to in subparagraph (B)
for purposes of consultation required by paragraph (1).''.
(c) Technical Amendments.--Section 2461 of such title, as
amended by subsection (a), is further amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B), by inserting after ``2003'' the
following: ``, or any successor circular''; and
(B) in subparagraph (D), by striking ``and reliability''
and inserting ``, reliability, and timeliness''; and
(2) in subsection (c)(2), as redesignated under subsection
(b)(2), by inserting ``of'' after ``examination''.

SEC. 359. BID PROTESTS BY FEDERAL EMPLOYEES IN ACTIONS UNDER
OFFICE OF MANAGEMENT BUDGET CIRCULAR A-76.

(a) Eligibility to Protest Public-Private Competitions.--
Section 3551(2) of title 31, United States Code, is amended
to read as follows:
``(2) The term `interested party'--
``(A) with respect to a contract or a solicitation or other
request for offers described in paragraph (1), means an
actual or prospective bidder or offeror whose direct economic
interest would be affected by the award of the contract or by
failure to award the contract; and
``(B) with respect to a public-private competition
conducted under Office of Management and Budget Circular A-76
with respect to the performance of an activity or function of
a Federal agency, or a decision to convert a function
performed by Federal employees to private sector performance
without a competition under Office of Management and Budget
Circular A-76, includes--

[[Page S10834]]

``(i) any official who submitted the agency tender in such
competition; and
``(ii) any one individual who, for the purpose of
representing the Federal employees engaged in the performance
of the activity or function for which the public-private
competition is conducted in a protest under this subchapter
that relates to such public-private competition, has been
designated as the agent of the Federal employees by a
majority of such employees.''.
(b) Expedited Action.--
(1) In general.--Subchapter V of chapter 35 of such title
is amended by adding at the end the following new section:

``SEC. 3557. EXPEDITED ACTION IN PROTESTS OF PUBLIC-PRIVATE
COMPETITIONS.

``For any protest of a public-private competition conducted
under Office of Management and Budget Circular A-76 with
respect to the performance of an activity or function of a
Federal agency, the Comptroller General shall administer the
provisions of this subchapter in the manner best suited for
expediting the final resolution of the protest and the final
action in the public-private competition.''.
(2) Clerical amendment.--The chapter analysis at the
beginning of such chapter is amended by inserting after the
item relating to section 3556 the following new item:

``3557. Expedited action in protests of public-private competitions.''.
(c) Right to Intervene in Civil Action.--Section 1491(b) of
title 28, United States Code, is amended by adding at the end
the following new paragraph:
``(5) If an interested party who is a member of the private
sector commences an action described in paragraph (1) with
respect to a public-private competition conducted under
Office of Management and Budget Circular A-76 regarding the
performance of an activity or function of a Federal agency,
or a decision to convert a function performed by Federal
employees to private sector performance without a competition
under Office of Management and Budget Circular A-76, then an
interested party described in section 3551(2)(B) of title 31
shall be entitled to intervene in that action.''.
(d) Applicability.--Subparagraph (B) of section 3551(2) of
title 31, United States Code (as added by subsection (a)),
and paragraph (5) of section 1491(b) of title 28, United
States Code (as added by subsection (c)), shall apply to--
(1) a protest or civil action that challenges final
selection of the source of performance of an activity or
function of a Federal agency that is made pursuant to a study
initiated under Office of Management and Budget Circular A-76
on or after January 1, 2004; and
(2) any other protest or civil action that relates to a
public-private competition initiated under Office of
Management and Budget Circular A-76, or to a decision to
convert a function performed by Federal employees to private
sector performance without a competition under Office of
Management and Budget Circular A-76, on or after the date of
the enactment of this Act.

SEC. 360. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE
CONVERSION TO CONTRACTOR PERFORMANCE.

(a) In General.--The Office of Federal Procurement Policy
Act (41 U.S.C. 403 et seq.) is amended by adding at the end
the following new section:

``SEC. 43. PUBLIC-PRIVATE COMPETITION REQUIRED BEFORE
CONVERSION TO CONTRACTOR PERFORMANCE.

``(a) Public-Private Competition.--(1) A function of an
executive agency performed by 10 or more agency civilian
employees may not be converted, in whole or in part, to
performance by a contractor unless the conversion is based on
the results of a public-private competition that--
``(A) formally compares the cost of performance of the
function by agency civilian employees with the cost of
performance by a contractor;
``(B) creates an agency tender, including a most efficient
organization plan, in accordance with Office of Management
and Budget Circular A-76, as implemented on May 29, 2003, or
any successor circular;
``(C) includes the issuance of a solicitation;
``(D) determines whether the submitted offers meet the
needs of the executive agency with respect to factors other
than cost, including quality, reliability, and timeliness;
``(E) examines the cost of performance of the function by
agency civilian employees and the cost of performance of the
function by one or more contractors to demonstrate whether
converting to performance by a contractor will result in
savings to the Government over the life of the contract,
including--
``(i) the estimated cost to the Government (based on offers
received) for performance of the function by a contractor;
``(ii) the estimated cost to the Government for performance
of the function by agency civilian employees; and
``(iii) an estimate of all other costs and expenditures
that the Government would incur because of the award of such
a contract;
``(F) requires continued performance of the function by
agency civilian employees unless the difference in the cost
of performance of the function by a contractor compared to
the cost of performance of the function by agency civilian
employees would, over all performance periods required by the
solicitation, be equal to or exceed the lesser of--
``(i) 10 percent of the personnel-related costs for
performance of that function in the agency tender; or
``(ii) $10,000,000; and
``(G) examines the effect of performance of the function by
a contractor on the agency mission associated with the
performance of the function.
``(2) A function that is performed by the executive agency
and is reengineered, reorganized, modernized, upgraded,
expanded, or changed to become more efficient, but still
essentially provides the same service, shall not be
considered a new requirement.
``(3) In no case may a function being performed by
executive agency personnel be--
``(A) modified, reorganized, divided, or in any way changed
for the purpose of exempting the conversion of the function
from the requirements of this section; or
``(B) converted to performance by a contractor to
circumvent a civilian personnel ceiling.
``(b) Requirement to Consult Employees.--(1) Each civilian
employee of an executive agency responsible for determining
under Office of Management and Budget Circular A-76 whether
to convert to contractor performance any function of the
executive agency--
``(A) shall, at least monthly during the development and
preparation of the performance work statement and the
management efficiency study used in making that
determination, consult with civilian employees who will be
affected by that determination and consider the views of such
employees on the development and preparation of that
statement and that study; and
``(B) may consult with such employees on other matters
relating to that determination.
``(2)(A) In the case of employees represented by a labor
organization accorded exclusive recognition under section
7111 of title 5, consultation with representatives of that
labor organization shall satisfy the consultation requirement
in paragraph (1).
``(B) In the case of employees other than employees
referred to in subparagraph (A), consultation with
appropriate representatives of those employees shall satisfy
the consultation requirement in paragraph (1).
``(C) The head of each executive agency shall prescribe
regulations to carry out this subsection. The regulations
shall include provisions for the selection or designation of
appropriate representatives of employees referred to in
paragraph (2)(B) for purposes of consultation required by
paragraph (1).
``(c) Congressional Notification.--(1) Before commencing a
public-private competition under subsection (a), the head of
an executive agency shall submit to Congress a report
containing the following:
``(A) The function for which such public-private
competition is to be conducted.
``(B) The location at which the function is performed by
agency civilian employees.
``(C) The number of agency civilian employee positions
potentially affected.
``(D) The anticipated length and cost of the public-private
competition, and a specific identification of the budgetary
line item from which funds will be used to cover the cost of
the public-private competition.
``(E) A certification that a proposed performance of the
function by a contractor is not a result of a decision by an
official of an executive agency to impose predetermined
constraints or limitations on such employees in terms of man
years, end strengths, full-time equivalent positions, or
maximum number of employees.
``(2) The report required under paragraph (1) shall include
an examination of the potential economic effect of
performance of the function by a contractor on--
``(A) agency civilian employees who would be affected by
such a conversion in performance; and
``(B) the local community and the Government, if more than
50 agency civilian employees perform the function.
``(3)(A) A representative individual or entity at a
facility where a public-private competition is conducted may
submit to the head of the executive agency an objection to
the public private competition on the grounds that the report
required by paragraph (1) has not been submitted or that the
certification required by paragraph (1)(E) is not included in
the report submitted as a condition for the public private
competition. The objection shall be in writing and shall be
submitted within 90 days after the following date:
``(i) In the case of a failure to submit the report when
required, the date on which the representative individual or
an official of the representative entity authorized to pose
the objection first knew or should have known of that
failure.
``(ii) In the case of a failure to include the
certification in a submitted report, the date on which the
report was submitted to Congress.
``(B) If the head of the executive agency determines that
the report required by paragraph (1) was not submitted or
that the required certification was not included in the
submitted report, the function for which the public-private
competition was conducted for which the objection was
submitted may not be the subject of a solicitation of offers
for, or award of, a contract until, respectively, the report
is submitted or a report containing the certification in full
compliance with the certification requirement is submitted.
``(d) Exemption for the Purchase of Products and Services
of the Blind and Other Severely Handicapped Persons.--This
section shall not apply to a commercial

[[Page S10835]]

or industrial type function of an executive agency that--
``(1) is included on the procurement list established
pursuant to section 2 of the Javits-Wagner-O'Day Act (41
U.S.C. 47); or
``(2) is planned to be changed to performance by a
qualified nonprofit agency for the blind or by a qualified
nonprofit agency for other severely handicapped persons in
accordance with that Act.
``(e) Inapplicability During War or Emergency.--The
provisions of this section shall not apply during war or
during a period of national emergency declared by the
President or Congress.''.
(b) Clerical Amendment.--The table of sections in section
1(b) of such Act is amended by adding at the end the
following new item:

``Sec. 43. Public-private competition required before conversion to
contractor performance.''.

SEC. 361. PERFORMANCE OF CERTAIN WORK BY FEDERAL GOVERNMENT
EMPLOYEES.

(a) Guidelines.--
(1) In general.--The Under Secretary of Defense for
Personnel and Readiness shall prescribe guidelines and
procedures for ensuring that consideration is given to using
Federal Government employees on a regular basis for new work
and work that is performed under Department of Defense
contracts and could be performed by Federal Government
employees.
(2) Criteria.--The guidelines and procedures prescribed
under paragraph (1) shall provide for special consideration
to be given to contracts that--
(A) have been performed by Federal Government employees at
any time on or after October 1, 1980;
(B) are associated with the performance of inherently
governmental functions;
(C) have been performed by a contractor pursuant to a
contract that was awarded on a noncompetitive basis, either a
contract for a function once performed by Federal employees
that was awarded without the conduct of a public-private
competition or a contract that was last awarded without the
conduct of an actual competition between contractors; or
(D) have been performed poorly by a contractor because of
excessive costs or inferior quality, as determined by a
contracting officer within the last five years .
(3) Deadline for issuance of guidelines.--The Secretary of
Defense shall implement the guidelines required under
paragraph (1) by not later than 60 days after the date of the
enactment of this Act.
(4) Establishment of contractor inventory.--The Secretary
of Defense shall establish an inventory of Department of
Defense contracts to determine which contracts meet the
criteria set forth in paragraph (2).
(b) New Requirements.--
(1) Limitation on requiring public-private competition.--No
public-private competition may be required under Office of
Management and Budget Circular A-76 or any other provision of
law or regulation before the performance of a new requirement
by Federal Government employees commences, the performance by
Federal Government employees of work pursuant to
subparagraphs (B) through (D) of subsection (a)(2) commences,
or the scope of an existing activity performed by Federal
Government employees is expanded. Office of Management and
Budget Circular A-76 shall be revised to ensure that the
heads of all Federal agencies give fair consideration to the
performance of new requirements by Federal Government
employees.
(2) Consideration of federal government employees.--The
Secretary of Defense shall, to the maximum extent
practicable, ensure that Federal Government employees are
fairly considered for the performance of new requirements,
with special consideration given to new requirements that
include functions that--
(A) are similar to functions that have been performed by
Federal Government employees at any time on or after October
1, 1980; or
(B) are associated with the performance of inherently
governmental functions.
(c) Use of Flexible Hiring Authority.--The Secretary may
use the flexible hiring authority available to the Secretary
under the National Security Personnel System, as established
pursuant to section 9902 of title 5, United States Code, to
facilitate the performance by civilian employees of the
Department of Defense of functions described in subsection
(b).
(d) Inspector General Report.--Not later than 180 days
after the enactment of this Act, the Inspector General of the
Department of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the compliance of the Secretary of Defense with the
requirements of this section.
(e) Definitions.--In this section:
(1) The term ``National Security Personnel System'' means
the human resources management system established under the
authority of section 9902 of title 5, United States Code.
(2) The term ``inherently governmental function'' has the
meaning given that term in section 5 of the Federal
Activities Inventory Reform Act of 1998 (Public Law 105-270;
112 Stat. 2384; 31 U.S.C. 501 note).
(f) Conforming Repeal.--The National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163) is amended by
striking section 343.

SEC. 362. RESTRICTION ON OFFICE OF MANAGEMENT AND BUDGET
INFLUENCE OVER DEPARTMENT OF DEFENSE PUBLIC-
PRIVATE COMPETITIONS.

(a) Restriction on Office of Management and Budget.--The
Office of Management and Budget may not direct or require the
Secretary of Defense or the Secretary of a military
department to prepare for, undertake, continue, or complete a
public-private competition or direct conversion of a
Department of Defense function to performance by a contractor
under Office of Management and Budget Circular A-76, or any
other successor regulation, directive, or policy.
(b) Restriction on Secretary of Defense.--The Secretary of
Defense or the Secretary of a military department may not
prepare for, undertake, continue, or complete a public-
private competition or direct conversion of a Department of
Defense function to performance by a contractor under Office
of Management and Budget Circular A-76, or any other
successor regulation, directive, or policy by reason of any
direction or requirement provided by the Office of Management
and Budget.

SEC. 363. PUBLIC-PRIVATE COMPETITION AT END OF PERIOD
SPECIFIED IN PERFORMANCE AGREEMENT NOT
REQUIRED.

Section 2461(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) A military department or defense agency may not be
required to conduct a public-private competition under Office
of Management and Budget Circular A-76 or any other provision
of law at the end of the period specified in the performance
agreement entered into in accordance with this section for
any function of the Department of Defense performed by
Department of Defense civilian employees.''.
______

SA 2644. Mr. LAUTENBERG submitted an amendment intended to be
proposed to amendment SA 2530 proposed by Mr. Baucus (for himself, Mr.
Grassley, Mr. Rockefeller, and Mr. Hatch) to the bill H.R. 976, to
amend title XXI of the Social Security Act to reauthorize the State
Children's Health Insurance Program, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title VI, insert the following:

SEC. __. EXPRESSING THE SENSE OF THE SENATE REGARDING THE
MEDICARE NATIONAL COVERAGE DETERMINATION ON THE
TREATMENT OF ANEMIA IN CANCER PATIENTS.

(a) Findings.--The Senate finds the following:
(1) The Centers for Medicare & Medicaid Services issued a
final Medicare National Coverage Determination on the Use of
Erythropoiesis Stimulating Agents in Cancer and Related
Neoplastic Conditions (CAG-000383N) on July 30, 2007.
(2) Fifty-two United States Senators and 235 Members of the
House of Representatives, representing bipartisan majorities
in both chambers, have written to the Centers for Medicare &
Medicaid Services expressing significant concerns with the
proposed National Coverage Determination on the Use of
Erythropoiesis Stimulating Agents in Cancer and Related
Neoplastic Conditions, issued on May 14, 2007, regarding the
use of erythropoiesis stimulating agent therapy for Medicare
cancer patients.
(3) Although some improvements have been incorporated into
such final National Coverage Determination, the policy
continues to raise significant concerns among physicians and
patients about the potential impact on the treatment of
cancer patients in the United States.
(4) The American Society of Clinical Oncology, the national
organization representing physicians who treat patients with
cancer, is specifically concerned about a provision in such
final National Coverage Determination that restricts coverage
whenever a patient's hemoglobin goes above 10 g/dL.
(5) The American Society of Clinical Oncology has written
to the Centers for Medicare & Medicaid Services--
(A) to note that such a ``restriction is inconsistent with
both the FDA-approved labeling and national guidelines'';
(B) to express deep concerns about such final National
Coverage Determination; and
(C) to urge that the Centers for Medicare & Medicaid
Services reconsider such restriction.
(6) Such restriction could increase blood transfusions and
severely compromise the high quality of cancer care delivered
by physicians in United States.
(7) The Centers for Medicare & Medicaid Services has noted
that the agency did not address the impact on the blood
supply in such final National Coverage Determination and has
specifically stated, ``[t]he concern about the adequacy of
the nation's blood supply is not a relevant factor for
consideration in this national coverage determination''.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the Centers for Medicare & Medicaid Services should
begin an immediate reconsideration of the final National
Coverage Determination on the Use of Erythropoiesis
Stimulating Agents in Cancer and Related Neoplastic
Conditions (CAG-000383N);
(2) the Centers for Medicare & Medicaid Services should
consult with members of the clinical oncology community to
determine appropriate revisions to such final National
Coverage Determination; and

[[Page S10836]]

(3) the Centers for Medicare & Medicaid Services should
implement appropriate revisions to such final National
Coverage Determination as soon as feasible and provide a
briefing to Congress in advance of announcing such changes.
______

SA 2645. Mr. BAUCUS proposed an amendment to amendment SA 2530
proposed by Mr. Baucus (for himself, Mr. Grassley, Mr. Rockefeller, and
Mr. Hatch) to the bill H.R. 976, to amend title XXI of the Social
Security Act to reauthorize the State Children's Health Insurance
Program, and for other purposes; as follows:

On page 22, lines 3 and 4, strike ``paragraph'' and insert
``subsection''.
Beginning on page 53, strike line 15 and all that follows
through page 54, line 4 and insert the following:
``(iv) Amount of federal matching payment in 2011 or
2012.--For purposes of clause (ii), the applicable percentage
for any quarter of fiscal year 2011 or 2012 is equal to--

``(I) the REMAP percentage if--

``(aa) the applicable percentage for the State under clause
(iii) was the enhanced FMAP for fiscal year 2009; and
``(bb) the State met either of the coverage benchmarks
described in subparagraph (B) or (C) of paragraph (3) for the
preceding fiscal year; or

``(II) the Federal medical assistance percentage (as so
determined) in the case of any State to which subclause (I)
does not apply.

On page 56, line 5, insert ``clause (ii) or (iii) of''
after ``under''.
On page 74, lines 15 and 16, strike ``13-consecutive week
period'' and insert ``3-month period''.
On page 118, strike lines 17 through 21.
Page 120, line 5, strike ``section 1902(a)(46)(B)(ii)'' and
insert ``subsection (a)(46)(B)(ii)''.
Beginning on page 120, strike line 22 and all that follows
through page 121, line 4, and insert the following:
(ii) provides the individual with a period of 90 days from
the date on which the notice required under clause (i) is
received by the individual to either present satisfactory
documentary evidence of citizenship or nationality (as
defined in section 1903(x)(3)) or cure the invalid
determination with the Commissioner of Social Security; and
On page 130, strike lines 9 and 10, and insert the
following:
(1) In general.--
(A) In general.--Except as provided in subparagraph (B),
the amendments made by this section shall take effect on
October 1, 2008.
(B) Technical amendments.--The amendments made by--
(i) paragraphs (1), (2), and (3) of subsection (b) shall
take effect as if included in the enactment of section 6036
of the Deficit Reduction Act of 2005 (Public Law 109-171; 120
Stat. 80); and
(ii) paragraph (4) of subsection (b) shall take effect as
if included in the enactment of section 405 of division B of
the Tax Relief and Health Care Act of 2006 (Public Law 109-
432; 120 Stat. 2996).
On page 142, lines 14 and 15, strike ``previously approved
premium assistance'' and insert ``premium assistance
waiver''.
On page 150, beginning on line 3, strike ``issued'' and all
that follows through line 9 and insert ``developed in
accordance with section 701(f)(3)(B)(i)(II) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C.
1181(f)(3)(B)(i)(II)).''.
On page 151, line 14, strike ``411(b)(2)(C)'' and insert
``411(b)(1)(C)''.
On page 157, line 1, strike ``411(b)(2)(C)'' and insert
``411(b)(1)(C)''.
On page 161, between lines 14 and 15, insert the following:

(VII) health insurance issuers;

On page 165, between lines 2 and 3, insert the following:
(2) Amendments to public health service act.--Section
2701(f) of the Public Health Service Act (42 U.S.C. 300gg(f))
is amended by adding at the end the following new paragraph:
``(3) Special rules for application in case of medicaid and
chip.--
``(A) In general.--A group health plan, and a health
insurance issuer offering group health insurance coverage in
connection with a group health plan, shall permit an employee
who is eligible, but not enrolled, for coverage under the
terms of the plan (or a dependent of such an employee if the
dependent is eligible, but not enrolled, for coverage under
such terms) to enroll for coverage under the terms of the
plan if either of the following conditions is met:
``(i) Termination of medicaid or chip coverage.--The
employee or dependent is covered under a Medicaid plan under
title XIX of the Social Security Act or under a State child
health plan under title XXI of such Act and coverage of the
employee or dependent under such a plan is terminated as a
result of loss of eligibility for such coverage and the
employee requests coverage under the group health plan (or
health insurance coverage) not later than 60 days after the
date of termination of such coverage.
``(ii) Eligibility for employment assistance under medicaid
or chip.--The employee or dependent becomes eligible for
assistance, with respect to coverage under the group health
plan or health insurance coverage, under such Medicaid plan
or State child health plan (including under any waiver or
demonstration project conducted under or in relation to such
a plan), if the employee requests coverage under the group
health plan or health insurance coverage not later than 60
days after the date the employee or dependent is determined
to be eligible for such assistance.
``(B) Coordination with medicaid and chip.--
``(i) Outreach to employees regarding availability of
medicaid and chip coverage.--

``(I) In general.--Each employer that maintains a group
health plan in a State that provides medical assistance under
a State Medicaid plan under title XIX of the Social Security
Act, or child health assistance under a State child health
plan under title XXI of such Act, in the form of premium
assistance for the purchase of coverage under a group health
plan, shall provide to each employee a written notice
informing the employee of potential opportunities then
currently available in the State in which the employee
resides for premium assistance under such plans for health
coverage of the employee or the employee's dependents. For
purposes of compliance with this subclause, the employer may
use any State-specific model notice developed in accordance
with section 701(f)(3)(B)(i)(II) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1181(f)(3)(B)(i)(II)).
``(II) Option to provide concurrent with provision of
summary plan description.--An employer may provide the model
notice applicable to the State in which an employee resides
concurrent with the furnishing of the summary plan
description as provided in section 104(b) of the Employee
Retirement Income Security Act of 1974.

``(ii) Disclosure about group health plan benefits to
states for medicaid and chip eligible individuals.--In the
case of an enrollee in a group health plan who is covered
under a Medicaid plan of a State under title XIX of the
Social Security Act or under a State child health plan under
title XXI of such Act, the plan administrator of the group
health plan shall disclose to the State, upon request,
information about the benefits available under the group
health plan in sufficient specificity, as determined under
regulations of the Secretary of Health and Human Services in
consultation with the Secretary that require use of the model
coverage coordination disclosure form developed under section
411(b)(1)(C) of the Children's Health Insurance
Reauthorization Act of 2007, so as to permit the State to
make a determination (under paragraph (2)(B), (3), or (10) of
section 2105(c) of the Social Security Act or otherwise)
concerning the cost-effectiveness of the State providing
medical or child health assistance through premium assistance
for the purchase of coverage under such group health plan and
in order for the State to provide supplemental benefits
required under paragraph (10)(E) of such section or other
authority.''.
On page 205, line 11, strike ``2112(b)(2)(A)(i)'' and
insert ``2111(b)(2)(B)(i)''.
______

SA 2646. Mr. BAUCUS (for himself and Mr. Grassley) proposed an
amendment to the bill H.R. 976, to amend title XXI of the Social
Security Act to reauthorize the State Children's Health Insurance
Program, and for other purposes; as follows:

Amend the title to read:
A bill to amend title XXI of the Social Security Act to
reauthorize the State Children's Health Insurance Program,
and for other purposes.
______

SA 2647. Mr. DODD (for himself, Mrs. Clinton, Mr. Nelson of Nebraska,
Mrs. Dole, Mr. Graham, Mr. Chambliss, Mr. Lieberman, Mr. Salazar, Mr.
Menendez, Mr. Reed, Mrs. Murray, and Mr. Brown) submitted an amendment
intended to be proposed by him to the bill H.R. 1585, to authorize
appropriations for fiscal year 2008 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SUPPORT FOR INJURED SERVICEMEMBERS.

(a) Short Title.--This section may be cited as the
``Support for Injured Servicemembers Act''.
(b) Servicemember Family Leave.--
(1) Definitions.--Section 101 of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611) is amended by adding at
the end the following:
``(14) Active duty.--The term `active duty' means duty
under a call or order to active duty under a provision of law
referred to in section 101(a)(13)(B) of title 10, United
States Code.
``(15) Covered servicemember.--The term `covered
servicemember' means a member of the Armed Forces, including
a member of the National Guard or a Reserve, who is
undergoing medical treatment, recuperation, or therapy, is
otherwise in medical hold or medical holdover status, or is
otherwise on the temporary disability retired list, for a
serious injury or illness.

[[Page S10837]]

``(16) Medical hold or medical holdover status.--The term
`medical hold or medical holdover status' means--
``(A) the status of a member of the Armed Forces, including
a member of the National Guard or a Reserve, assigned or
attached to a military hospital for medical care; and
``(B) the status of a member of a reserve component of the
Armed Forces who is separated, whether pre-deployment or
post-deployment, from the member's unit while in need of
health care based on a medical condition identified while the
member is on active duty in the Armed Forces.
``(17) Next of kin.--The term `next of kin', used with
respect to an individual, means the nearest blood relative of
that individual.
``(18) Serious injury or illness.--The term `serious injury
or illness', in the case of a member of the Armed Forces,
means an injury or illness incurred by the member in line of
duty on active duty in the Armed Forces that may render the
member medically unfit to perform the duties of the member's
office, grade, rank, or rating.''.
(2) Entitlement to leave.--Section 102(a) of such Act (29
U.S.C. 2612(a)) is amended by adding at the end the
following:
``(3) Servicemember family leave.--Subject to section 103,
an eligible employee who is the spouse, son, daughter,
parent, or next of kin of a covered servicemember shall be
entitled to a total of 26 workweeks of leave during a 12-
month period to care for the servicemember. The leave
described in this paragraph shall only be available during a
single 12-month period.
``(4) Combined leave total.--During the single 12-month
period described in paragraph (3), an eligible employee shall
be entitled to a combined total of 26 workweeks of leave
under paragraphs (1) and (3). Nothing in this paragraph shall
be construed to limit the availability of leave under
paragraph (1) during any other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 102(b) of such Act (29 U.S.C.
2612(b)) is amended--
(i) in paragraph (1), in the second sentence--

(I) by striking ``section 103(b)(5)'' and inserting
``subsection (b)(5) or (f) (as appropriate) of section 103'';
and
(II) by inserting ``or under subsection (a)(3)'' after
``subsection (a)(1)''; and

(ii) in paragraph (2), by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(B) Substitution of paid leave.--Section 102(d) of such Act
(29 U.S.C. 2612(d)) is amended--
(i) in paragraph (1)--

(I) by inserting ``(or 26 workweeks in the case of leave
provided under subsection (a)(3))'' after ``12 workweeks''
the first place it appears; and
(II) by inserting ``(or 26 workweeks, as appropriate)''
after ``12 workweeks'' the second place it appears; and

(ii) in paragraph (2)(B), by adding at the end the
following: ``An eligible employee may elect, or an employer
may require the employee, to substitute any of the accrued
paid vacation leave, personal leave, family leave, or medical
or sick leave of the employee for leave provided under
subsection (a)(3) for any part of the 26-week period of such
leave under such subsection.''.
(C) Notice.--Section 102(e)(2) of such Act (29 U.S.C.
2612(e)(2)) is amended by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(D) Spouses employed by same employer.--Section 102(f) of
such Act (29 U.S.C. 2612(f)) is amended--
(i) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), and aligning the margins of the
subparagraphs with the margins of section 102(e)(2)(A);
(ii) by striking ``In any'' and inserting the following:
``(1) In general.--In any''; and
(iii) by adding at the end the following:
``(2) Servicemember family leave.--
``(A) In general.--The aggregate number of workweeks of
leave to which both that husband and wife may be entitled
under subsection (a) may be limited to 26 workweeks during
the single 12-month period described in subsection (a)(3) if
the leave is--
``(i) leave under subsection (a)(3); or
``(ii) a combination of leave under subsection (a)(3) and
leave described in paragraph (1).
``(B) Both limitations applicable.--If the leave taken by
the husband and wife includes leave described in paragraph
(1), the limitation in paragraph (1) shall apply to the leave
described in paragraph (1).''.
(E) Certification.--Section 103 of such Act (29 U.S.C.
2613) is amended by adding at the end the following:
``(f) Certification for Servicemember Family Leave.--An
employer may require that a request for leave under section
102(a)(3) be supported by a certification issued at such time
and in such manner as the Secretary may by regulation
prescribe.''.
(F) Failure to return.--Section 104(c) of such Act (29
U.S.C. 2614(c)) is amended--
(i) in paragraph (2)(B)(i), by inserting ``or under section
102(a)(3)'' before the semicolon; and
(ii) in paragraph (3)(A)--

(I) in clause (i), by striking ``or'' at the end;
(II) in clause (ii), by striking the period and inserting
``; or''; and
(III) by adding at the end the following:

``(iii) a certification issued by the health care provider
of the servicemember being cared for by the employee, in the
case of an employee unable to return to work because of a
condition specified in section 102(a)(3).''.
(G) Enforcement.--Section 107 of such Act (29 U.S.C. 2617)
is amended, in subsection (a)(1)(A)(i)(II), by inserting
``(or 26 weeks, in a case involving leave under section
102(a)(3))'' after ``12 weeks''.
(H) Instructional employees.--Section 108 of such Act (29
U.S.C. 2618) is amended, in subsections (c)(1), (d)(2), and
(d)(3), by inserting ``or under section 102(a)(3)'' after
``section 102(a)(1)''.
(c) Servicemember Family Leave for Civil Service
Employees.--
(1) Definitions.--Section 6381 of title 5, United States
Code, is amended--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(7) the term `active duty' means duty under a call or
order to active duty under a provision of law referred to in
section 101(a)(13)(B) of title 10, United States Code;
``(8) the term `covered servicemember' means a member of
the Armed Forces, including a member of the National Guard or
a Reserve, who is undergoing medical treatment, recuperation,
or therapy, is otherwise in medical hold or medical holdover
status, or is otherwise on the temporary disability retired
list, for a serious injury or illness;
``(9) the term `medical hold or medical holdover status'
means--
``(A) the status of a member of the Armed Forces, including
a member of the National Guard or a Reserve, assigned or
attached to a military hospital for medical care; and
``(B) the status of a member of a reserve component of the
Armed Forces who is separated, whether pre-deployment or
post-deployment, from the member's unit while in need of
health care based on a medical condition identified while the
member is on active duty in the Armed Forces;
``(10) the term `next of kin', used with respect to an
individual, means the nearest blood relative of that
individual; and
``(11) the term `serious injury or illness', in the case of
a member of the Armed Forces, means an injury or illness
incurred by the member in line of duty on active duty in the
Armed Forces that may render the member medically unfit to
perform the duties of the member's office, grade, rank, or
rating.''.
(2) Entitlement to leave.--Section 6382(a) of such title is
amended by adding at the end the following:
``(3) Subject to section 6383, an employee who is the
spouse, son, daughter, parent, or next of kin of a covered
servicemember shall be entitled to a total of 26
administrative workweeks of leave during a 12-month period to
care for the servicemember. The leave described in this
paragraph shall only be available during a single 12-month
period.
``(4) During the single 12-month period described in
paragraph (3), an employee shall be entitled to a combined
total of 26 administrative workweeks of leave under
paragraphs (1) and (3). Nothing in this paragraph shall be
construed to limit the availability of leave under paragraph
(1) during any other 12-month period.''.
(3) Requirements relating to leave.--
(A) Schedule.--Section 6382(b) of such title is amended--
(i) in paragraph (1), in the second sentence--

(I) by striking ``section 6383(b)(5)'' and inserting
``subsection (b)(5) or (f) (as appropriate) of section
6383''; and
(II) by inserting ``or under subsection (a)(3)'' after
``subsection (a)(1)''; and

(ii) in paragraph (2), by inserting ``or under subsection
(a)(3)'' after ``subsection (a)(1)''.
(B) Substitution of paid leave.--Section 6382(d) of such
title is amended by adding at the end the following: ``An
employee may elect to substitute for leave under subsection
(a)(3) any of the employee's accrued or accumulated annual or
sick leave under subchapter I for any part of the 26-week
period of leave under such subsection.''.
(C) Notice.--Section 6382(e) of such title is amended by
inserting ``or under subsection (a)(3)'' after ``subsection
(a)(1)''.
(D) Certification.--Section 6383 of such title is amended
by adding at the end the following:
``(f) An employing agency may require that a request for
leave under section 6382(a)(3) be supported by a
certification issued at such time and in such manner as the
Office of Personnel Management may by regulation
prescribe.''.
______

SA 2648. Mr. PRYOR (for Mrs. Boxer) proposed an amendment to the bill
S. 775, to establish a National Commission on the Infrastructure of the
United States; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``National Infrastructure
Improvement Act of 2007''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Acquisition.--The term ``acquisition'' includes any
necessary activities for siting a facility, equipment,
structures, or rolling stock by purchase, lease-purchase,
trade, or donation.
(2) Commission.--The term ``Commission'' means the National
Commission on the Infrastructure of the United States
established by section 3(a).
(3) Construction.--The term ``construction'' means--

[[Page S10838]]

(A) the design, planning, and erection of new
infrastructure;
(B) the expansion of existing infrastructure;
(C) the reconstruction of an infrastructure project at an
existing site; and
(D) the installation of initial or replacement
infrastructure equipment.
(4) Infrastructure.--
(A) In general.--The term ``infrastructure'' means a
nonmilitary structure or facility, and any equipment and any
nonstructural elements associated with such a structure or
facility.
(B) Inclusions.--The term ``infrastructure'' includes--
(i) a surface transportation facility (such as a road,
bridge, highway, public transportation facility, and freight
and passenger rail), as the Commission, in consultation with
the National Surface Transportation Policy and Revenue Study
Commission established by section 1909(b)(1) of the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (Public Law 109-59; 119 Stat. 1471),
determines to be appropriate;
(ii) a mass transit facility;
(iii) an airport or airway facility;
(iv) a resource recovery facility;
(v) a water supply and distribution system;
(vi) a wastewater collection, conveyance, or treatment
system, and related facilities;
(vii) a stormwater treatment system to manage, reduce,
treat, or reuse municipal stormwater;
(viii) waterways, locks, dams, and associated facilities;
(ix) a levee and any related flood damage reduction
facility;
(x) a dock or port; and
(xi) a solid waste disposal facility.
(5) Nonstructural elements.--The term ``nonstructural
elements'' includes --
(A) any feature that preserves and restores a natural
process, a landform (including a floodplain), a natural
vegetated stream side buffer, wetland, or any other
topographical feature that can slow, filter, and naturally
store storm water runoff and flood waters;
(B) any natural design technique that percolates, filters,
stores, evaporates, and detains water close to the source of
the water; and
(C) any feature that minimizes or disconnects impervious
surfaces to slow runoff or allow precipitation to percolate.
(6) Maintenance.--The term ``maintenance'' means any
regularly scheduled activity, such as a routine repair,
intended to ensure that infrastructure continues to operate
efficiently and as intended.
(7) Rehabilitation.--The term ``rehabilitation'' means an
action to extend the useful life or improve the effectiveness
of existing infrastructure, including--
(A) the correction of a deficiency;
(B) the modernization or replacement of equipment;
(C) the modernization of, or replacement of parts for,
rolling stock relating to infrastructure;
(D) the use of nonstructural elements; and
(E) the removal of infrastructure that is deteriorated or
no longer useful.

SEC. 3. ESTABLISHMENT OF COMMISSION.

(a) Establishment.--There is established a commission to be
known as the ``National Commission on the Infrastructure of
the United States'' to ensure that the infrastructure of the
United States--
(1) meets current and future demand;
(2) facilitates economic growth;
(3) is maintained in a manner that ensures public safety;
and
(4) is developed or modified in a sustainable manner.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 8
members, of whom--
(A) 2 members shall be appointed by the President;
(B) 2 members shall be appointed by the Speaker of the
House of Representatives;
(C) 1 member shall be appointed by the minority leader of
the House of Representatives;
(D) 2 members shall be appointed by the majority leader of
the Senate; and
(E) 1 member shall be appointed by the minority leader of
the Senate.
(2) Qualifications.--Each member of the Commission shall--
(A) have experience in 1 or more of the fields of
economics, public administration, civil engineering, public
works, construction, and related design professions,
planning, public investment financing, environmental
engineering, or water resources engineering; and
(B) represent a cross-section of geographical regions of
the United States.
(3) Date of appointments.--The members of the Commission
shall be appointed under paragraph (1) not later than 90 days
after the enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy in the Commission--
(A) shall not affect the powers of the Commission; and
(B) shall be filled, not later than 30 days after the date
on which the vacancy occurs, in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the initial meeting of the
Commission.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson or the request of the majority of the Commission
members.
(f) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among the
members of the Commission.

SEC. 4. DUTIES.

(a) Study.--
(1) In general.--Not later than February 15, 2009, the
Commission shall complete a study of all matters relating to
the state of the infrastructure of the United States.
(2) Matters to be studied.--In carrying out paragraph (1),
the Commission shall study matters such as--
(A) the capacity of infrastructure to sustain current and
anticipated economic development and competitiveness,
including long-term economic growth, including the potential
return to the United States economy on investments in new
infrastructure as opposed to investments in existing
infrastructure;
(B) the age and condition of public infrastructure
(including congestion and changes in the condition of that
infrastructure as compared with preceding years);
(C) the methods used to finance the construction,
acquisition, rehabilitation, and maintenance of
infrastructure (including general obligation bonds, tax-
credit bonds, revenue bonds, user fees, excise taxes, direct
governmental assistance, and private investment);
(D) any trends or innovations in methods used to finance
the construction, acquisition, rehabilitation, and
maintenance of infrastructure;
(E) investment requirements, by type of infrastructure,
that are necessary to maintain the current condition and
performance of the infrastructure and the investment needed
(adjusted for inflation and expressed in real dollars) to
improve infrastructure in the future;
(F) based on the current level of expenditure (calculated
as a percentage of total expenditure and in constant dollars)
by Federal, State, and local governments--
(i) the projected amount of need the expenditures will meet
5, 15, 30, and 50 years after the date of enactment of this
Act; and
(ii) the levels of investment requirements, as identified
under subparagraph (E);
(G) any trends or innovations in infrastructure procurement
methods;
(H) any trends or innovations in construction methods or
materials for infrastructure;
(I) the impact of local development patterns on demand for
Federal funding of infrastructure;
(J) the impact of deferred maintenance; and
(K) the collateral impact of deteriorated infrastructure.
(b) Recommendations.--The Commission shall develop
recommendations--
(1) on a Federal infrastructure plan that will detail
national infrastructure program priorities, including
alternative methods of meeting national infrastructure
investment needs to effectuate balanced economic development;
(2) on infrastructure improvements and methods of
delivering and providing for infrastructure facilities;
(3) for analysis or criteria and procedures that may be
used by Federal agencies and State and local governments in--
(A) inventorying existing and needed infrastructure
improvements;
(B) assessing the condition of infrastructure improvements;
(C) developing uniform criteria and procedures for use in
conducting the inventories and assessments; and
(D) maintaining publicly accessible data; and
(4) for proposed guidelines for the uniform reporting, by
Federal agencies, of construction, acquisition,
rehabilitation, and maintenance data with respect to
infrastructure improvements.
(c) Statement and Recommendations.--Not later than February
15, 2010, the Commission shall submit to Congress--
(1) a detailed statement of the findings and conclusions of
the Commission; and
(2) the recommendations of the Commission under subsection
(b), including recommendations for such legislation and
administrative actions for 5-, 15-, 30-, and 50-year time
periods as the Commission considers to be appropriate.

SEC. 5. POWERS OF THE COMMISSION.

(a) Hearings.--The Commission shall hold such hearings,
meet and act at such times and places, take such testimony,
administer such oaths, and receive such evidence as the
Commission considers advisable to carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this Act.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the Federal agency
shall provide the information to the Commission.
(c) Gifts.--The Commission may accept, use, and dispose of
gifts or donations of services or property.

[[Page S10839]]

(d) Contracts.--The Commission may enter into contracts
with other entities, including contracts under which 1 or
more entities, with the guidance of the Commission, conduct
the study required under section 4(a).
(e) Postal Services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.

SEC. 6. COMMISSION PERSONNEL MATTERS.

(a) Compensation of Members.--A member of the Commission
shall serve without pay, but shall be allowed a per diem
allowance for travel expenses, at rates authorized for an
employee of an agency under subchapter I of chapter 57 of
title 5, United States Code, while away from the home or
regular place of business of the member in the performance of
the duties of the Commission.
(b) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws, including
regulations, appoint and terminate an executive director and
such other additional personnel as are necessary to enable
the Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by a
majority of the members of the Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph (B),
the Chairperson of the Commission may fix the compensation of
the executive director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates.
(B) Maximum rate of pay.--In no event shall any employee of
the Commission (other than the executive director) receive as
compensation an amount in excess of the maximum rate of pay
for Executive Level IV under section 5315 of title 5, United
States Code.
(c) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of a Federal employee
shall be without interruption or loss of civil service status
or privilege.
(d) Procurement of Temporary and Intermittent Services.--On
request of the Commission, the Secretary of the Army, acting
through the Chief of Engineers, shall provide, on a
reimbursable basis, such office space, supplies, equipment,
and other support services to the Commission and staff of the
Commission as are necessary for the Commission to carry out
the duties of the Commission under this Act.

SEC. 7. REPORTS.

(a) Interim Reports.--Not later than 1 year after the date
of the initial meeting of the Commission, the Commission
shall submit an interim report containing a detailed summary
of the progress of the Commission, including meetings and
hearings conducted during the interim period, to--
(1) the President;
(2) the Committees on Transportation and Infrastructure and
Natural Resources of the House of Representatives; and
(3) the Committees on Environment and Public Works, Energy
and Natural Resources, and Commerce, Science, and
Transportation of the Senate.
(b) Final Report.--On termination of the Commission under
section 9, the Commission shall submit a final report
containing a detailed statement of the findings and
conclusions of the Commission and recommendations for
legislation and other policies to implement those findings
and conclusions, to--
(1) the President;
(2) the Committees on Transportation and Infrastructure and
Natural Resources of the House of Representatives; and
(3) the Committees on Environment and Public Works, Energy
and Natural Resources, and Commerce, Science, and
Transportation of the Senate.
(c) Transparency.--A report submitted under subsection (a)
or (b) shall be made available to the public electronically,
in a user-friendly format, including on the Internet.

SEC. 8. FUNDING.

For each of fiscal years 2008 through 2010, upon request by
the Commission--
(1) using amounts made available to the Secretary of
Transportation from any source or account other than the
Highway Trust Fund, the Secretary of Transportation shall
transfer to the Commission $750,000 for use in carrying out
this Act;
(2) using amounts from the General Expenses account of the
Corps of Engineers (other than amounts in that account made
available through the Department of Defense), the Secretary
of the Army, acting through the Chief of Engineers, shall
transfer to the Commission $250,000 for use in carrying out
this Act; and
(3) the Administrator of the Environmental Protection
Agency shall transfer to the Commission $250,000 for use in
carrying out this Act.

SEC. 9. TERMINATION OF COMMISSION.

The Commission shall terminate on September 30, 2010.

____________________