[Congressional Record Volume 154, Number 128 (Wednesday, July 30, 2008)]
[Senate]
[Pages S7782-S7789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. NELSON of Florida (for himself, Ms. Stabenow, Ms. Collins, 
        Mr. Cardin, and Mr. Martinez):
  S. 3366. A bill to protect, conserve, and restore native fish, 
wildlife, and their natural habitats at national wildlife refuges 
through cooperative, incentive-based grants to control, mitigate, and 
eradicate harmful nonnative plant species, and for other purposes; to 
the Committee on Environment and Public Works.
  Mr. NELSON of Florida. Mr. President, I rise today to introduce 
legislation that will address the growing harm that nonnative or 
``invasive'' species are inflicting on the wildlife and environment of 
our National Wildlife Refuge System.
  In 1903, President Theodore Roosevelt issued an executive order that 
designated Pelican Island, located in my home State of Florida, as a 
Federal bird reservation. This designation was intended to protect the 
numerous species of waterfowl that called Indian River Lagoon and 
Pelican Island home, including the last known brown pelican rookery on 
the East Coast of Florida. President Roosevelt's action marked the 
first time that our Federal Government set aside land for the sake of 
wildlife.
  In the century that followed, the Pelican Island reservation, 27 
additional sites in Florida, and other areas nationwide were set aside 
by the Federal Government and grew into a vast network that is now the 
National Wildlife Refuge System. Today, this system is comprised of 540 
wildlife refuges and 3,000 waterfowl production areas, spanning 95 
million miles across all 50 States and several U.S. territories. These 
refuges are home to 700 bird species, more than 200 mammal species, 250 
reptile and amphibian species, and more than 200 types of fish--
including one-fourth of all federally recognized threatened and 
endangered species. The habitat afforded by our refuges will become 
even more critical to the survival of wildlife, which is already being 
forced to adapt to a rapidly changing climate.
  As if encroaching human development, water and air pollution, and 
climate change weren't great enough challenges, our wildlife refuges 
and other protected areas are also threatened by a more insidious and 
persistent problem: invasive species. These non-native plant and animal 
species compete for habitat, food, and other resources that are 
essential to native wildlife, including endangered and threatened 
species.
  According to the Florida Fish and Wildlife Conservation Commission, 
over 400 nonnative animals and nearly 1,200 exotic plant species have 
been documented in the State, with more arriving each day. The old 
world climbing fern, Lygodium, poses a greater threat than any other 
nonnative plant to south Florida's natural areas, including one of our 
national treasures, the Everglades. This plant currently infests over 
70 percent of the Arthur R. Marshall Loxahatchee National Wildlife 
Refuge near Boyton Beach, Florida. The Everglades' tree islands, which 
are a unique and extremely rare habitat for nesting wading birds and 
terrestrial wildlife, are particularly vulnerable to Lygodium. This 
invader first surrounds the islands' hardwood trees and dry ground, 
then grows over the tree canopy, and eventually smothers the native 
plants. This process essentially eliminates all of the ecological 
services that the tree islands once provided to native wildlife.
  The threats posed by nonnative species are not confined to my home 
State of Florida--this is truly a national problem. According to the 
U.S. Fish and Wildlife Service, invasive species are one of the most 
significant problems facing the National Wildlife Refuge System. 
Resource managers cite nonnative species as the single greatest threat 
to the refuges' biological and ecological functions, and as one of 
their most pressing management challenges. Currently, experts estimate 
that nonnative plant species infest more than 2 million acres in the 
Refuge System, and that nearly 4,500 invasive animal populations are 
established.
  Efforts are underway to control or eradicate harmful, nonnative 
species in our wildlife refuges and other conservation areas. For 
example, the Fish and Wildlife Service treated 2,500 acres of Lygodium 
on tree islands in the Loxahatchee National Wildlife Refuge in fiscal 
year 2006. The South Florida Water Management District has partnered 
with the U.S. Department of Agriculture's Agricultural Research Service 
to develop a sustained population of natural enemies, known as 
biological controls, to reduce the spread of invasive plants. The 
district has funded a biological control program for Lygodium since 
1997, and has been working to find a natural enemy for the Brazilian 
pepper, one of the most noxious, widespread weeds in Florida. Projects 
like these are having a positive impact on the Everglades restoration, 
and show why it is important that all levels of government work 
together to combat harmful, nonnative species.

  While these and other invasive species control efforts have yielded 
promising results, the job is far from complete. In the current fiscal 
year, approximately $8.7 million was budgeted for treatment and control 
of nonnative plants in the Refuge System. That may sound like a lot of 
money, but it represents a mere drop in the bucket: the Fish and 
Wildlife Service estimates that the total cost of managing invasive 
species on refuges nationwide is in excess of $300 million. Clearly, we 
need to dramatically increase the resources we devote to combating 
harmful, nonnative species if we expect our refuges to fulfill the 
wildlife conservation purposes for which they were set aside.
  That is why I have worked with Senators Stabenow, Collins, Cardin, 
and Martinez to develop and introduce the Refuge Ecology Protection, 
Assistance, and Immediate Response Act, or REPAIR Act. The primary 
purpose of this act is to protect, enhance, and restore habitats for 
native fish and wildlife within the National Wildlife Refuge System. 
The REPAIR Act would establish within the Fish and Wildlife Service a 
grant program to support projects to assess, monitor, and manage 
harmful, nonnative species.
  Specifically, REPAIR grants would be available to States, tribes, and 
territories to assess invasive plant and animal species that may 
threaten refuge resources, and to prioritize restorations needs and 
activities. Grants would also be available to State and local 
governments, universities, conservation organizations, and others to 
implement control projects to eradicate harmful, nonnative plants on 
refuges and adjoining, nonfederal lands and waters. Volunteer and 
public-interest groups would also be eligible for grants to conduct 
habitat surveys and monitor invasive plant and animal species. The 
REPAIR Act would also give the Secretary of the Interior the authority 
to provide financial assistance to States to respond quickly to 
outbreaks of invasive plants at a stage when complete eradication is 
possible and more affordable.
  The Fish and Wildlife Service would be responsible for awarding 
REPAIR grants on a peer-reviewed, competitive

[[Page S7783]]

basis. For control projects, we establish numerous criteria that give 
priority to efforts that aid threatened and endangered species, 
encourage increased coordination among Federal, State, and local 
agencies, nongovernmental groups, and private entities, and that 
contain a comprehensive plan to prevent reintroduction of target 
species. All projects include monitoring and reporting elements, with 
oversight provided by the Fish and Wildlife Service. These provisions 
will help ensure that we achieve the greatest return on our investments 
to restore and maintain native habitat in the National Wildlife Refuge 
System.
  The assessments and control projects authorized by the REPAIR Act 
will most certainly be of benefit to native wildlife living in and 
around our refuges, including the numerous threatened and endangered 
species that we have worked hard to protect. The restoration and 
preservation of native habitats and wildlife provided by the REPAIR Act 
will also benefit the 37 million people who visit our refuges each year 
and take advantage of fishing, hunting, and other recreational and 
educational opportunities that these special places provide.
  In closing, I would like to recognize the efforts of Congressman Ron 
Kind of Wisconsin, who introduced and championed the REPAIR Act in the 
U.S. House of Representatives. The House passed this important 
legislation in October of last year. I hope that we can find a way for 
the companion measure that I introduced today to pass the Senate and 
become the law of the land. I look forward to working with Chairman 
Boxer and the other members of the Senate Committee on Environment and 
Public Works to debate this important legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3366

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Refuge Ecology Protection, 
     Assistance, and Immediate Response Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) The National Wildlife Refuge System is the premier land 
     conservation system in the world.
       (2) Harmful nonnative species are the leading cause of 
     habitat destruction in national wildlife refuges.
       (3) More than 675 known harmful nonnative species are found 
     in the National Wildlife Refuge System.
       (4) Nearly 8,000,000 acres of the National Wildlife Refuge 
     System contain harmful nonnative species.
       (5) The cost of early identification and removal of harmful 
     nonnative species is dramatically lower than removing an 
     established invasive population.
       (6) The cost of the backlog of harmful nonnative species 
     control projects that need to be carried out in the National 
     Wildlife Refuge System is over $361,000,000, and the failure 
     to carry out such projects threatens the ability of the 
     System to fulfill its basic mission.
       (b) Purpose.--The purpose of this Act is to encourage 
     partnerships among the United States Fish and Wildlife 
     Service, other Federal agencies, States, Indian tribes, and 
     other interests for the following objectives:
       (1) To protect, enhance, restore, and manage a diversity of 
     habitats for native fish and wildlife resources within the 
     National Wildlife Refuge System through monitoring and 
     management of harmful nonnative species, including control of 
     harmful nonnative plant species.
       (2) To promote the development of voluntary State 
     assessments to establish priorities for controlling harmful 
     nonnative plant and animal species that threaten or 
     negatively impact refuge resources.
       (3) To promote greater cooperation among Federal, State, 
     and local land and water managers, and owners of private 
     land, water rights, or other interests, to implement 
     ecologically based strategies to eradicate, mitigate, and 
     control harmful nonnative plant species that threaten or 
     negatively impact refuge resources through a voluntary and 
     incentive-based financial assistance grant program.
       (4) To establish an immediate response capability to combat 
     incipient harmful nonnative plant species invasions.

     SEC. 3. DEFINITIONS.

       For the purposes of this Act:
       (1) Appropriate committees.--The term ``appropriate 
     Committees'' means the Committee on Natural Resources of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate.
       (2) Control.--The term ``control'' means, as appropriate, 
     eradicating, suppressing, reducing, or managing harmful 
     nonnative species from areas where they are present; taking 
     steps to detect early infestations on at-risk native 
     habitats; and restoring native species and habitats to reduce 
     the effects of harmful nonnative species.
       (3) Environmental soundness.--The term ``environmental 
     soundness'' means the extent of inclusion of methods, 
     efforts, actions, or programs to prevent or control 
     infestations of harmful nonnative species, that--
       (A) minimize adverse impacts to the structure and function 
     of an ecosystem and adverse effects on nontarget species and 
     ecosystems; and
       (B) emphasize integrated management techniques.
       (4) Harmful nonnative species.--The term ``harmful 
     nonnative species'' means, with respect to a particular 
     ecosystem in a particular region, any species, including its 
     seeds, eggs, spores, or other biological material capable of 
     propagating that species, that is not native to that 
     ecosystem and has a demonstrable or potentially demonstrable 
     negative environmental or economic impact in that region.
       (5) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (6) National management plan.--The term ``National 
     Management Plan'' means the management plan referred to in 
     section 5 of Executive Order No. 13112 of February 3, 1999, 
     and entitled ``Meeting the Invasive Species Challenge''.
       (7) Refuge resources.--The term ``refuge resources'' means 
     all land and water, including the fish and wildlife species 
     and the ecosystems and habitats therein, that are owned, 
     leased, managed through easement or cooperative agreement, or 
     otherwise managed by the by the Federal Government through 
     the United States Fish and Wildlife Service and located 
     within the National Wildlife Refuge System administered under 
     the National Wildlife Refuge Administration Act of 1966 (16 
     U.S.C. 668dd et seq.), including any waterfowl production 
     area.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the United 
     States Fish and Wildlife Service.
       (9) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, any other territory or possession of the United 
     States, and any Indian tribe.

     SEC. 4. REFUGE ECOLOGY PROTECTION, ASSISTANCE, AND IMMEDIATE 
                   RESPONSE (REPAIR) GRANT PROGRAM.

       (a) In General.--The Secretary may provide--
       (1) a grant to any eligible applicant to carry out a 
     qualified plant control project in accordance with this 
     section; and
       (2) a grant to any State to carry out an assessment project 
     consistent with relevant State plans that have been developed 
     in whole or in part for the conservation of native fish, 
     wildlife, and their habitats, and in accordance with this 
     section, to--
       (A) identify harmful nonnative plant and animal species 
     that occur in the State that threaten or negatively impact 
     refuge resources;
       (B) assess the needs to restore, manage, or enhance native 
     fish and wildlife and their natural habitats and processes in 
     the State to compliment activities to control, mitigate, or 
     eradicate harmful nonnative plant and animal species 
     negatively impacting refuge resources;
       (C) identify priorities for actions to address such needs;
       (D) identify mechanisms to increase capacity building in a 
     State or across State lines to conserve and protect native 
     fish and wildlife and their habitats and to detect and 
     control harmful nonnative plant and animal species that might 
     threaten or negatively impact refuge resources within the 
     State; and
       (E) incorporate, where applicable and to the extent 
     consistent with this Act, the guidelines of the National 
     Management Plan.

     The grant program under this section shall be known as the 
     ``Refuge Ecology Protection, Assistance, and Immediate 
     Response Grant Program'' or the ``REPAIR Program''.
       (b) Functions of the Secretary.--
       (1) In general.--The Secretary shall--
       (A) publish guidelines for and solicit applications for 
     grants under this section not later than 6 months after the 
     date of enactment of this Act; and
       (B) receive, review, evaluate, and approve applications for 
     grants under this section.
       (2) Delegation of authority.--The Secretary may delegate to 
     another Federal instrumentality the authority of the 
     Secretary under this section, other than the authority to 
     approve applications for grants and make grants.
       (c) Eligible Applicant.--To be an eligible applicant for 
     purposes of subsection (a)(1), an applicant shall--
       (1) be a State, local government, interstate or regional 
     agency, university, conservation organization, or private 
     person;
       (2) have adequate personnel, funding, and authority to 
     carry out and monitor or maintain a control project; and
       (3) have entered into an agreement with the Secretary or a 
     designee of the Secretary,

[[Page S7784]]

     for a national wildlife refuge or refuge complex.
       (d) Qualified Control Project.--
       (1) In general.--To be a qualified control project under 
     this section, a project shall--
       (A) control harmful nonnative plant species on the lands or 
     waters on which it is conducted;
       (B) include a plan for monitoring the project area and 
     maintaining effective control of harmful nonnative plant 
     species after the completion of the project, that is 
     consistent with standards for monitoring developed under 
     subsection (i);
       (C) be conducted in partnership with a national wildlife 
     refuge or refuge complex;
       (D) be conducted on land or water, other than national 
     wildlife refuge land or water, that, for purposes of carrying 
     out the project, are under the control of the eligible 
     applicant applying for the grant under this section, on land 
     or water on which the eligible applicant has permission to 
     conduct the project, or on adjacent national wildlife refuge 
     land or water administered by the United States Fish and 
     Wildlife Service referred to in subparagraph (C); and
       (E) encourage public notice and outreach on control project 
     activities in the affected community.
       (2) Other factors for selection of projects.--In ranking 
     qualified control projects, the Director may consider the 
     following:
       (A) The extent to which a project would address the 
     operational and maintenance backlog attributed to harmful 
     nonnative plant species on refuge resources.
       (B) Whether a project will encourage increased coordination 
     and cooperation among one or more Federal agencies and State 
     or local government agencies or nongovernmental or other 
     private entities to control harmful nonnative plant species 
     threatening or negatively impacting refuge resources.
       (C) Whether a project fosters public-private partnerships 
     and uses Federal resources to encourage increased private 
     sector involvement, including consideration of the amount of 
     private funds or in-kind contributions to control harmful 
     nonnative species or national wildlife refuge lands or non-
     Federal lands in proximity to refuge resources.
       (D) The extent to which a project would aid the 
     conservation of species that are listed under the Endangered 
     Species Act of 1973 (16 U.S.C. 1531 et seq.).
       (E) The extent to which a project would aid the 
     conservation of--
       (i) species listed by the United States Fish and Wildlife 
     Service as birds of management concern; and
       (ii) species identified by the Director of the United 
     States Fish and Wildlife Service as imperiled or at-risk 
     species.
       (F) The extent to which a project would aid the 
     conservation of species identified as a ``Species of Greatest 
     Conservation Need'' in a comprehensive wildlife conservation 
     plan developed under the State wildlife grants program.
       (G) The extent to which a project would contribute to the 
     restoration and protection of terrestrial, freshwater 
     aquatic, estuarine, coastal, and marine ecosystems, such as 
     the Everglades, the Great Lakes, and the Mississippi River, 
     that are determined to be priorities by the Director of the 
     United States Fish and Wildlife Service.
       (H) Whether a project includes pilot testing or a 
     demonstration of an innovative technology having the 
     potential for improved cost-effectiveness and reduced 
     environmental risks when controlling harmful nonnative plant 
     species.
       (I) The extent to which a project minimizes adverse impacts 
     of control methods on ecosystems affected by the project.
       (J) Whether a project includes a comprehensive plan to 
     prevent reintroduction of harmful nonnative plant species 
     controlled by the project.
       (e) Distribution of Control Grant Awards.--In making grants 
     for control projects under this section the Secretary shall, 
     to the greatest extent practicable, ensure--
       (1) a balance of smaller and larger projects conducted with 
     grants under this section; and
       (2) an equitable geographic distribution of projects 
     carried out with grants under this section, among all regions 
     and States within which such projects are proposed to be 
     conducted.
       (f) Grant Duration.--
       (1) In general.--Each grant under this section shall be to 
     provide funding for the Federal share of the cost of a 
     project carried out with the grant for up to 2 fiscal years.
       (2) Renewal.--
       (A) In general.--If the Secretary, after reviewing the 
     reports under subsection (g) regarding a control project, 
     finds that the project is making satisfactory progress, the 
     Secretary may renew a grant under this section for the 
     project for an additional 3 fiscal years.
       (B) Monitoring and maintenance plan.--The Secretary may 
     renew a grant under this section to implement the monitoring 
     and maintenance plan required for a control project under 
     subsection (d)(1)(B) for up to 5 fiscal years after the 
     project is otherwise completed.
       (g) Reporting by Grantee.--
       (1) Control projects; assessment projects.--
       (A) Control projects.--A grantee carrying out a control 
     project with a grant under this section shall report to the 
     Secretary every 24 months or at the expiration of the grant, 
     whichever is of shorter duration.
       (B) Assessment projects.--A State carrying out an 
     assessment project with a grant under this section shall 
     submit the assessment pursuant to subsection (a)(2) to the 
     Secretary no later than 24 months after the date on which the 
     grant is awarded.
       (2) Report contents.--Each report under this subsection 
     shall include the following information with respect to each 
     project covered by the report:
       (A) In the case of a control project--
       (i) the information described in subparagraphs (B), (D), 
     and (F) of subsection (j)(2);
       (ii) specific information on the methods and techniques 
     used to control harmful nonnative plant species in the 
     project area; and
       (iii) specific information on the methods and techniques 
     used to restore native fish, wildlife, or their habitats in 
     the project area.
       (B) A detailed report of the funding for the grant and the 
     expenditures made.
       (3) Interim update.--Each grantee under paragraph (1)(A) 
     shall also submit annually to the Secretary a brief synopsis 
     and chronological list of projects showing progress as a 
     percentage of completion and use of awarded funds.
       (h) Cost Sharing for Projects.--
       (1) Federal share.--Except as provided in paragraphs (2) 
     and (3), the Federal share of the cost of a project carried 
     out with a grant under this section shall not exceed 75 
     percent of such cost.
       (2) Innovative technology costs.--The Federal share of the 
     incremental additional cost of including in a control project 
     any pilot testing or a demonstration of an innovative 
     technology described in subsection (d)(2)(H) shall be 85 
     percent.
       (3) Projects on refuge lands or waters.--The Federal share 
     of the cost of the portion of a control project funded with a 
     grant under this section that is carried out on national 
     wildlife refuge lands or waters, including the cost of 
     acquisition by the Federal Government of lands or waters for 
     use for such a project, shall be 100 percent.
       (4) Application of in-kind contributions.--The Secretary 
     may apply to the non-Federal share of costs of a control 
     project carried out with a grant under this section the fair 
     market value of services or any other form of in-kind 
     contribution to the project made by non-Federal interests 
     that the Secretary determines to be an appropriate 
     contribution equivalent to the monetary amount required for 
     the non-Federal share of the activity.
       (5) Derivation of non-federal share.--The non-Federal share 
     of the cost of a control project carried out with a grant 
     under this section may not be derived from a Federal grant 
     program or other Federal funds.
       (i) Monitoring and Maintenance of Control Grant Projects.--
       (1) Requirements.--The Secretary shall develop requirements 
     for the monitoring and maintenance of a control project to 
     ensure that the requirements under subparagraphs (A) and (B) 
     of subsection (d)(1) are achieved.
       (2) Database of grant project information.--The Secretary 
     shall develop and maintain an appropriate database of 
     information concerning control projects carried out with 
     grants under this subsection, including information on 
     project techniques, project completion, monitoring data, and 
     other relevant information.
       (3) Use of existing programs.--The Secretary shall use 
     existing programs within the Department of the Interior to 
     create and maintain the database required under this 
     subsection.
       (4) Public availability.--The Secretary shall make the 
     information collected and maintained under this subsection 
     available to the public.
       (j) Reporting by the Secretary.--
       (1) In general.--The Secretary shall, by not later than 3 
     years after the date of the enactment of this Act and 
     biennially thereafter in the report under section 8, report 
     to the appropriate Committees on the implementation of this 
     section.
       (2) Report contents.--A report under paragraph (1) shall 
     include an assessment of--
       (A) trends in the population size and distribution of 
     harmful nonnative plant species in the project area for each 
     control project carried out with a grant under this section, 
     and in the adjacent areas as defined by the Secretary;
       (B) data on the number of acres of refuge resources and 
     native fish and wildlife habitat restored, protected, or 
     enhanced under this section, including descriptions of, and 
     partners involved with, control projects selected, in 
     progress, and completed under this section;
       (C) trends in the population size and distribution in the 
     project areas of native species targeted for restoration, and 
     in areas in proximity to refuge resources as defined by the 
     Secretary;
       (D) an estimate of the long-term success of varying 
     conservation techniques used in carrying out control projects 
     with grants under this section;
       (E) an assessment of the status of control projects carried 
     out with grants under this section, including an accounting 
     of expenditures by the United States Fish and Wildlife 
     Service, State, regional, and local government agencies, and 
     other entities to carry out such projects;
       (F) a review of the environmental soundness of the control 
     projects carried out with grants under this section;

[[Page S7785]]

       (G) a review of efforts made to maintain an appropriate 
     database of grants under this section; and
       (H) a review of the geographical distribution of Federal 
     money, matching funds, and in-kind contributions for control 
     projects carried out with grants under this section.
       (k) Cooperation of Non-Federal Interests.--The Secretary 
     may not make a grant under this section for a control project 
     on national wildlife refuge lands or lands in proximity to 
     refuge resources before a non-Federal interest has entered 
     into a written agreement with a national wildlife refuge or 
     refuge complex under which the non-Federal interest agrees 
     to--
       (1) monitor and maintain the control project in accordance 
     with the plan required under subsection (d)(1)(B); and
       (2) provide any other items of cooperation the Secretary 
     considers necessary to carry out the project.

     SEC. 5. CREATION OF AN IMMEDIATE RESPONSE CAPABILITY TO 
                   HARMFUL NONNATIVE SPECIES.

       (a) Establishment.--The Secretary may provide financial 
     assistance for a period of not more than 3 fiscal years to 
     enable an immediate response to outbreaks of harmful 
     nonnative plant species that threaten or may negatively 
     impact refuge resources that are at a stage at which rapid 
     eradication or control is possible, and ensure eradication or 
     immediate control of the harmful nonnative plant species.
       (b) Requirements for Assistance.--The Secretary, after 
     consulting with the Governor of the State, shall provide 
     assistance under this section to local and State agencies, 
     universities, or nongovernmental entities for the eradication 
     of an immediate harmful nonnative plant species threat only 
     if--
       (1) there is a demonstrated need for the assistance;
       (2) the harmful nonnative plant species is considered to be 
     an immediate threat to refuge resources, as determined by the 
     Secretary; and
       (3) the proposed response to such threat--
       (A) is technically feasible; and
       (B) minimizes adverse impacts to the structure and function 
     of national wildlife refuge ecosystems and adverse effects on 
     nontarget species.
       (c) Amount of Financial Assistance.--The Secretary shall 
     determine the amount of financial assistance to be provided 
     under this section with respect to an outbreak of a harmful 
     nonnative species, subject to the availability of 
     appropriations.
       (d) Cost Share.--The Federal share of the cost of any 
     activity carried out with assistance under this section may 
     be up to 100 percent.
       (e) Monitoring and Reporting.--The Secretary shall require 
     that persons receiving assistance under this section monitor 
     and report on activities carried out with assistance under 
     this section in accordance with the requirements that apply 
     with respect to control projects carried out with assistance 
     under section 4.

     SEC. 6. COOPERATIVE VOLUNTEER HARMFUL NONNATIVE SPECIES 
                   MONITORING AND CONTROL PROGRAM.

       (a) In General.--Consistent with the National Wildlife 
     Refuge System Volunteer and Community Partnership Enhancement 
     Act of 1998 (Public Law 105-242), the Secretary shall 
     establish a cooperative volunteer monitoring and control 
     program to administer and coordinate projects implemented by 
     partner organizations concerned with national wildlife 
     refuges to address harmful nonnative species that threaten 
     national wildlife refuges or adjacent lands.
       (b) Eligible Activities.--Each project administered and 
     coordinated under this section shall include 1 of the 
     following activities:
       (1) Habitat surveys.
       (2) Detection and identification of new introductions or 
     infestations of harmful nonnative plant and animal species.
       (3) Harmful nonnative plant species control projects.
       (4) Public education and outreach to increase awareness 
     concerning harmful nonnative species and their threat to the 
     refuge system.

     SEC. 7. RELATIONSHIP TO OTHER AUTHORITIES.

       (a) Authorities, etc. of Secretary.--Nothing in this Act 
     affects authorities, responsibilities, obligations, or powers 
     of the Secretary under any other statute.
       (b) State Authority.--Nothing in this Act preempts any 
     provision or enforcement of State statute or regulation 
     relating to the management of fish and wildlife resources 
     within such State.

     SEC. 8. BIENNIAL REPORT.

       Not later than 2 years after the date of enactment of this 
     Act and biennially thereafter, the Secretary shall prepare 
     and submit to Congress and the National Invasive Species 
     Council--
       (1) a comprehensive report summarizing all grant activities 
     relating to invasive species initiated under this Act 
     including--
       (A) State assessment projects;
       (B) qualified control projects;
       (C) immediate response activities; and
       (D) projects identified in the Refuge Operations Needs 
     database or the Service Asset and Maintenance Management 
     System database of the United States Fish and Wildlife 
     Service;
       (2) a list of grant priorities, ranked in high, medium, and 
     low categories, for future grant activities in the areas of--
       (A) early detection and rapid response;
       (B) control, management, and restoration;
       (C) research and monitoring;
       (D) information management; and
       (E) public outreach and partnership efforts; and
       (3) information required to be included under section 4(k).

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this Act such sums as may be necessary.
       (b) Allowance for Immediate Response.--Of the amounts 
     appropriated to carry out this Act no more than 25 percent 
     shall be available in any fiscal year for financial 
     assistance under section 5.
       (c) Continuing Availability.--Amounts appropriated under 
     this Act may remain available until expended.
       (d) Administrative Expenses.--Of amounts available each 
     fiscal year to carry out this Act, the Secretary may expend 
     not more than 3 percent or up to $100,000, whichever is 
     greater, to pay the administrative expenses necessary to 
     carry out this Act.
                                 F_____
                                 
      By Mr. SMITH (for himself, Mr. Wyden, Mr. Inouye, Mr. Tester, Mr. 
        Sanders, Mr. Barrasso, and Mr. Cochran):
  S. 3367. A bi11 to amend title XVIII of the Social Security Act to 
revise the timeframe for recognition of certain designations in 
certifying rural health clinics under the Medicare program; to the 
Committee on Finance.
  Mr. SMITH. Mr. President, I rise today to recognize an outstanding 
health care hero from Oregon, Maria Loredo. Through her hard work and 
tireless dedication to her community, Maria has played a critical role 
in creating access to health care for those in need in Washington 
County, OR.
  Maria Loredo is the chief operating officer for the Virginia Garcia 
Memorial Health Center, named for a 6-year-old migrant farmworker girl 
who moved from Mission, TX, to work with her family in Washington 
County's strawberry harvest. Tragically, Virginia Garcia died from a 
simple foot wound, but her death inspired a committed group of 
individuals to improve health care access in the community.
  Like 6-year-old Virginia Garcia, Maria Loredo also hails from 
Mission, TX, and as a young person worked with her family throughout 
Texas following crops. Eventually the family migrated to Oregon and 
settled there in 1966. Maria began her work with the fledgling Virginia 
Garcia Clinic in 1978 when it was only 3 years old. Her own experience 
as a migrant worker has helped her develop the programs and services of 
the clinic so that they are most effective in reaching the farmworker 
community.
  Maria has been instrumental in growing the health center from a 
clinic operating out of a three-car garage to an organization with four 
primary care clinics serving over 30,000 people in Washington and 
Yamhill Counties, OR. Her commitment to the community has enabled the 
organization to develop a farmworker outreach program that operates 
from a mobile clinic and provides medical and dental services in over 
20 migrant camps throughout the region.
  In her role as chief operating officer, Maria has helped establish 
clinics in McMinnville, Hillsboro, and Beaverton serving a diverse 
community that includes patients who not only speak English and 
Spanish, but Vietnamese, Russian, Swahili, Chinese, and Farsi.
  She has helped Virginia Garcia develop critically needed dental, 
pharmacy, and behavioral health care with an integrated approach to 
health care delivery that always remains sensitive to the language and 
cultural background of the patients. Most recently, Maria has helped 
pave the way to a new access point at the Tigard School Based Clinic 
and also to the implementation of electronic health records.
  While working full-time developing Virginia Garcia's programs, Maria 
found time to pursue her education and graduated with her B.A. from 
Portland State University in 2003. Once a migrant worker, she has gone 
on to not only serve her community, but inspire others to achieve a 
better, healthier life for themselves and their children.
  Because she has dedicated the last 30 years of her life to the 
mission of the Virginia Garcia Memorial Health Center and made a 
significant difference in the lives of so many, I recognize her as an 
Oregon health care hero and thank her for her ongoing work.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S7786]]

  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                S. 3367

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

     SECTION 1. REVISION OF THE TIMEFRAME FOR THE RECOGNITION OF 
                   CERTAIN DESIGNATIONS IN CERTIFYING RURAL HEALTH 
                   CLINICS UNDER THE MEDICARE PROGRAM.

       (a) In General.--The second sentence of section 1861(aa)(2) 
     of the Social Security Act (42 U.S.C. 1395x(aa)(2)) is 
     amended by striking ``3-year period'' and inserting ``4-year 
     period'' in the matter in clause (i) preceding subclause (I).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act.
                                 ______
                                 
      By Mr. BROWN (for himself and Ms. Snowe):
  S. 3368. A bill to promote industry growth and competitiveness and to 
improve worker training, retention, and advancement, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. BROWN. Mr. President, today, Senator Snowe of Maine and I are 
introducing a workforce development bill--the Strengthening Employment 
Clusters to Organize Regional Success, or SECTORS Act.
  Over the last 16 months, I have held 110 roundtable discussions in 
communities all over Ohio.
  One of the themes that have recurred in the roundtables--from workers 
and employers, business and labor, teachers and professors--is that we 
need to do a better job connecting workers with the middle and high 
skills needed for careers that are growing in Ohio.
  Today, Ohio has an unemployment rate above the national average. It 
was 6.3 percent in June.
  Between 2000 and 2007, Ohio experienced a 24.3 percent drop in 
manufacturing employment, shedding nearly 230,000 jobs. Overall 
employment dropped by nearly 3.6 percent in the same time period.
  That said, employers throughout the state talk about jobs gone 
begging, and not being able to fill middle and high skilled positions. 
There are open jobs in high-tech, healthcare, and even manufacturing 
that are going unfilled.
  A recent report by labor economists Harry Holzer and Robert Lerman 
found that substantial demand remains in today's labor market for 
skilled workers. This is particularly true for ``middle-skill'' jobs 
that require more than a high school degree but less than a 4-year 
college degree. These jobs make up nearly half of America's labor 
market and provide good compensation for workers.
  The approach Senator Snowe and I take in this bill is to organize 
training around industry clusters.
  Silicon Valley, the Research Triangle in North Carolina, Route 128 
around Boston--these are examples of clusters.
  But it is not just high tech jobs either.
  Think of tourism in Florida, or insurance in Connecticut, or food 
packaging in Pennsylvania. These are successful clusters that build 
around a skilled labor force.
  The Ohio Workforce Board has compiled great information about 
emerging industries and skills programs needed to see people fill these 
jobs.
  Ohio Governor Ted Strickland and Chancellor Eric Fingerhut are giving 
workforce training a high priority.
  This bill complements those efforts, and builds on great examples of 
cluster partnerships around the country.
  The National Governors Association has been promoting this model, and 
it really will be the way we successfully train our workers and promote 
regional economic development.
  Nobody wants lack of training to be the constraint on Ohio's economic 
growth.
  So the SECTORS Act focuses on targeted training, with multiple 
stakeholders in the same industry. The bill right now requires four 
principal stakeholders to be part of a training program: industry, 
labor unions, workforce investment boards, and community colleges.
  We want to build in a process that makes a training program 
sustainable and not just a one-time infusion of money. With that in 
mind, Senator Snowe and I have written in our bill a matching funds 
requirement.
  The legislation builds in rigorous evaluation so lawmakers and 
policymakers know how tax dollars are being spent, something that has 
not been the cause under President Bush's Department of Labor's 
training initiatives.
  The Government Accountability Office found in May 2008 that the Labor 
Department's demand-driven workforce training programs have often been 
awarded through a non-competitive process, and have lacked 
accountability and evaluation so that Americans know how their tax 
dollars are being spent.
  We need to break clean from this approach. I plan to work with 
Senator Snowe and colleagues in both chambers to authorize an industry 
clusters skills training program that builds in accountability and 
sustainability, and helps workers and businesses thrive in Ohio, Maine, 
and throughout the country.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3368

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strengthening Employment 
     Clusters to Organize Regional Success Act of 2008'' or the 
     ``SECTORS Act of 2008''.

     SEC. 2. INDUSTRY OR SECTOR PARTNERSHIP GRANT.

       Subtitle D of title I of the Workforce Investment Act of 
     1998 (29 U.S.C. 2911 et seq.) is amended by inserting after 
     section 174 the following:

     ``SEC. 174A. INDUSTRY OR SECTOR PARTNERSHIP GRANT PROGRAM.

       ``(a) Purpose.--It is the purpose of this section to create 
     designated capacity to promote industry or sector 
     partnerships that lead collaborative planning, resource 
     alignment, and training efforts across multiple firms for a 
     range of workers employed or potentially employed by a 
     targeted industry cluster, in order to encourage industry 
     growth and competitiveness and to improve worker training, 
     retention, and advancement in targeted industry clusters, 
     including by developing--
       ``(1) immediate strategies for regions and communities to 
     fulfill pressing skilled workforce needs;
       ``(2) long-term plans to grow targeted industry clusters 
     with better training and a more productive workforce;
       ``(3) core competencies and competitive advantages for 
     regions and communities undergoing structural economic 
     redevelopment; and
       ``(4) cross-firm skill standards, career ladders, job 
     redefinitions, employer practices, and shared training and 
     support capacities that facilitate the advancement of workers 
     at all skill levels.
       ``(b) Definitions.--In this section:
       ``(1) Career ladder.--The term `career ladder' means an 
     identified series of positions, work experiences, and 
     educational benchmarks or credentials that offer occupational 
     and financial advancement within a specified career field or 
     related fields over time.
       ``(2) Economic self-sufficiency.--The term `economic self-
     sufficiency' means, with respect to a worker, earning a wage 
     sufficient to support a family adequately, based on factors 
     such as--
       ``(A) family size;
       ``(B) the number and ages of children in the family;
       ``(C) the cost of living in the worker's community; and
       ``(D) other factors that may vary by region.
       ``(3) Eligible entity.--The term `eligible entity' means--
       ``(A) an industry or sector partnership; or
       ``(B) an eligible State agency.
       ``(4) Eligible state agency.--The term `eligible State 
     agency' means a State agency designated by the Governor of 
     the State for the purposes of the grant program under this 
     section.
       ``(5) High-priority occupation.--The term `high-priority 
     occupation' means an occupation that--
       ``(A) has a significant presence in an industry cluster;
       ``(B) is in demand by employers;
       ``(C) pays family-sustaining wages that enable workers to 
     achieve economic self-sufficiency, or can reasonably be 
     expected to lead to such wages;
       ``(D) has a documented career ladder; and
       ``(E) has a significant impact on a region's economic 
     development strategy.
       ``(6) High road employer.--The term `high road employer' 
     means an employer interested in advancing workers through 
     processes and investments in education, training, and 
     research and development.
       ``(7) Industry cluster.--The term `industry cluster' means 
     a concentration of interconnected businesses, suppliers, 
     service providers, and associated institutions in a 
     particular field that are linked by common workforce needs.
       ``(8) Industry or sector partnership.--The term `industry 
     or sector partnership' means a workforce collaborative that--

[[Page S7787]]

       ``(A) organizes key stakeholders in a targeted industry 
     cluster into a working group that focuses on the human 
     capital needs of a targeted industry cluster and that 
     includes, at the appropriate stage of development of the 
     partnership--
       ``(i) representatives of multiple firms or employers, 
     including workers, in a targeted industry cluster, including 
     small- and medium-sized employers when practicable;
       ``(ii) 1 or more representatives of State labor 
     organizations or central labor coalitions;
       ``(iii) 1 or more representatives of local boards;
       ``(iv) 1 or more representatives of postsecondary 
     educational institutions or other training providers; and
       ``(v) 1 or more representatives of State workforce agencies 
     or other entities providing employment services; and
       ``(B) may include representatives of--
       ``(i) State or local government;
       ``(ii) State or local economic development agencies;
       ``(iii) other State or local agencies;
       ``(iv) chambers of commerce;
       ``(v) nonprofit organizations;
       ``(vi) industry associations; and
       ``(vii) other organizations, as determined necessary by the 
     members comprising the industry or sector partnership.
       ``(9) Targeted industry cluster.--The term `targeted 
     industry cluster' means an industry cluster that has--
       ``(A) economic impact in a local or regional area;
       ``(B) immediate workforce development needs; and
       ``(C) documented career opportunities.
       ``(c) Grants Authorized.--
       ``(1) In general.--From amounts appropriated under 
     subsection (i), the Secretary shall award, on a competitive 
     basis, planning grants described in paragraph (3) and 
     implementation grants described in paragraph (4) to eligible 
     entities, to enable the eligible entities to plan and 
     implement, respectively, the eligible entities' strategic 
     objectives in accordance with subsection (f).
       ``(2) Maximum amount.--
       ``(A) Planning grants.--A planning grant awarded under 
     paragraph (3) shall not exceed $250,000.
       ``(B) Implementation grants.--An implementation grant 
     awarded under paragraph (4)(A) shall not exceed a total of 
     $2,500,000 for a 3-year period.
       ``(C) Renewal grants.--A renewal grant awarded under 
     paragraph (4)(C) shall not exceed a total of $1,500,000 for a 
     3-year period.
       ``(3) Planning grants.--
       ``(A) In general.--The Secretary may award a planning grant 
     under this section to an eligible entity that--
       ``(i) is a newly formed industry or sector partnership; and
       ``(ii) has not received a grant under this section.
       ``(B) Duration.--A planning grant shall be for a duration 
     of 1 year.
       ``(4) Implementation grants.--
       ``(A) In general.--The Secretary may award an 
     implementation grant under this section to--
       ``(i) an eligible entity that has already received a 
     planning grant under this section; or
       ``(ii) an eligible entity that is an established industry 
     or sector partnership.
       ``(B) Duration.--An implementation grant shall be for a 
     duration of not more than 3 years, and may be renewed in 
     accordance with subparagraph (C).
       ``(C) Renewal.--The Secretary may renew an implementation 
     grant for not more than 3 years. A renewal of such grant 
     shall be subject to the requirements of this section, except 
     that the Secretary shall--
       ``(i) prioritize renewals to eligible entities that can 
     demonstrate the long-term sustainability of an industry or 
     sector partnership funded under this section;
       ``(ii) as a condition of renewing the grant, and 
     notwithstanding subsection (d), decrease the amount of the 
     Federal share and increase the amount of the non-Federal 
     share required for the grant, which must include at least a 
     25 percent cash match from the State, the industry cluster, 
     or some combination thereof; and
       ``(iii) require assurances that the eligible entity will 
     leverage, each year, additional funding sources in accordance 
     with subparagraph (D)(ii) than the eligible entity provided 
     for the preceding year of the grant.
       ``(D) Federal and non-federal share.--
       ``(i) Federal share.--Except as provided in subparagraph 
     (C)(ii), the Federal share of an implementation grant under 
     this section shall be--

       ``(I) 90 percent of the costs of the activities described 
     in subsection (g), in the first year of the grant;
       ``(II) 80 percent of such costs in the second year of the 
     grant; and
       ``(III) 70 percent of such costs in the third year of the 
     grant.

       ``(ii) Non-federal.--The non-Federal share of an 
     implementation grant under this section may be in cash or in-
     kind, and may come from State, local, philanthropic, private, 
     or other sources.
       ``(5) Fiscal agent.--Each eligible entity receiving a grant 
     under this section that is an industry or sector partnership 
     shall designate an entity in the partnership as the fiscal 
     agent for purposes of this grant.
       ``(6) Use of grant funds during grant periods.--An eligible 
     entity receiving grant funds under a planning grant, 
     implementation grant, or a renewal grant under this section 
     shall expend grant funds or obligate grant funds to be 
     expended by the last day of the grant period.
       ``(d) Application Process.--
       ``(1) Identification of a targeted industry cluster.--In 
     order to qualify for a grant under this section, an eligible 
     entity shall identify a targeted industry cluster that could 
     benefit from such grant by--
       ``(A) working with businesses, industry associations and 
     organizations, labor organizations, State boards, local 
     boards, economic development agencies, and other 
     organizations that the eligible entity determines necessary, 
     to identify an appropriate targeted industry cluster based on 
     criteria that include, at a minimum--
       ``(i) data showing the competitiveness of the industry 
     cluster;
       ``(ii) the importance of the industry cluster to the 
     economic development of the area served by the eligible 
     entity;
       ``(iii) the identification of supply and distribution 
     chains within the industry cluster; and
       ``(iv) research studies on industry clusters; and
       ``(B) working with appropriate employment agencies, 
     workforce investment boards, economic development agencies, 
     community organizations, and other organizations that the 
     eligible entity determines necessary to ensure that the 
     targeted industry cluster identified under subparagraph (A) 
     should be targeted for investment, based primarily on the 
     following criteria:
       ``(i) Demonstrated demand for job growth potential.
       ``(ii) Competitiveness.
       ``(iii) Employment base.
       ``(iv) Wages and benefits.
       ``(v) Demonstrated importance of the targeted industry 
     cluster to the area's economy.
       ``(vi) Workforce development needs.
       ``(2) Application.--An eligible entity desiring to receive 
     a grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require. An application 
     submitted under this paragraph shall contain, at a minimum, 
     the following:
       ``(A) A description of the eligible entity, evidence of the 
     eligible entity's capacity to carry out activities in support 
     of the strategic objectives identified in the application 
     under subparagraph (D), and, if the eligible entity is an 
     industry or sector partnership, a description of the expected 
     participation and responsibilities of each of the mandatory 
     partners described in subsection (b)(8)(A).
       ``(B) A description of the targeted industry cluster for 
     which the eligible entity intends to carry out activities 
     through a grant under this section, and a description of how 
     such targeted industry cluster was identified in accordance 
     with paragraph (1).
       ``(C) A description of the workers that will be targeted or 
     recruited by the partnership, including an analysis of the 
     existing labor market, a description of potential barriers to 
     employment for targeted workers, and a description of 
     strategies that will be employed to help workers overcome 
     such barriers.
       ``(D) A description of the strategic objectives that the 
     eligible entity intends to carry out for the targeted 
     industry cluster, which objectives shall include--
       ``(i) recruiting key stakeholders in the targeted industry 
     cluster, such as businesses and employers, labor 
     organizations, industry associations, local boards, State 
     boards, and education and training providers, and regularly 
     convening the stakeholders in a collaborative structure that 
     supports the sharing of information, ideas, and challenges 
     common to the targeted industry cluster;
       ``(ii) identifying the training needs of multiple 
     businesses, especially skill gaps critical to competitiveness 
     and innovation to the targeted industry cluster;
       ``(iii) facilitating economies of scale by aggregating 
     training and education needs of multiple employers;
       ``(iv) helping postsecondary educational institutions and 
     training institutions align curricula and programs to 
     industry demand, particularly for higher skill, high-priority 
     occupations validated by the industry;
       ``(v) ensuring that the State agency that administers the 
     Wagner-Peyser Act program shall inform recipients of 
     unemployment insurance and trade adjustment assistance under 
     chapter 2 or 6 of title II of the Trade Act of 1974 (19 
     U.S.C. 2271 et seq., 2401 et seq.) of the job and training 
     opportunities that may result from the implementation of this 
     grant;
       ``(vi) informing and collaborating with organizations such 
     as youth councils, business-education partnerships, 
     apprenticeship programs, secondary schools, and postsecondary 
     educational institutions, and with parents and career 
     counselors, for the purpose of addressing the challenges of 
     connecting disadvantaged adults as defined in section 
     132(b)(1)(B)(v) and disadvantaged youth as defined in section 
     127(b) to careers;
       ``(vii) helping companies identify, and work together to 
     address, common organizational and human resource challenges, 
     such as--

       ``(I) recruiting new workers;
       ``(II) implementing effective workplace practices;
       ``(III) retaining dislocated and incumbent workers;

[[Page S7788]]

       ``(IV) implementing a high-performance work organization;
       ``(V) recruiting and retaining women in nontraditional 
     occupations;
       ``(VI) adopting new technologies; and
       ``(VII) fostering experiential and contextualized on-the-
     job learning;

       ``(viii) developing and strengthening career ladders within 
     and across companies (in cooperation with labor organizations 
     if the labor organizations represent employees engaged in 
     similar work in the industry cluster), in order to enable 
     dislocated, incumbent and entry-level workers to improve 
     skills and advance to higher-wage jobs;
       ``(ix) improving job quality through improving wages, 
     benefits, and working conditions;
       ``(x) helping partner companies in industry or sector 
     partnerships to attract potential employees from a diverse 
     job seeker base, including individuals with barriers to 
     employment (such as job seekers who are economically 
     disadvantaged, youth, older workers, and individuals who have 
     completed a term of imprisonment), by identifying such 
     barriers through analysis of the existing labor market and 
     implementing strategies to help such workers overcome such 
     barriers; and
       ``(xi) strengthening connections among businesses in the 
     targeted industry cluster, leading to cooperation beyond 
     workforce issues that will improve competitiveness and job 
     quality, such as joint purchasing, market research, or 
     centers for technology and innovation.
       ``(E) A description of the manner in which the eligible 
     entity intends to make sustainable progress toward the 
     strategic objectives described in subparagraph (D).
       ``(F) Performance measures, with quantifiable benchmarks, 
     for measuring progress toward the strategic objectives. Such 
     measures shall consider, at a minimum, the benefits provided 
     by the grant activities funded under this section for--
       ``(i) workers employed in the targeted industry cluster, 
     disaggregated by gender and race, including--

       ``(I) the number of workers receiving portable industry-
     recognized credentials;
       ``(II) the number of workers with increased wages, the 
     percentage of workers with increased wages, and the average 
     wage increase; and
       ``(III) for dislocated or nonincumbent workers, the number 
     of workers placed in sector-related jobs; and

       ``(ii) firms and industries in the targeted industry 
     cluster, including--

       ``(I) the creation or updating of an industry plan to meet 
     current and future workforce demand;
       ``(II) the creation or updating of published industry-wide 
     skill standards or career pathways;
       ``(III) the creation or updating of portable, industry-
     recognized credentials, or where there is not such a 
     credential, the creation or updating of a training curriculum 
     that can lead to the development of such a credential;
       ``(IV) in the case of an eligible entity that is an 
     industry or sector partnership, the number of firms, and the 
     percentage of the local industry, participating in the 
     industry or sector partnership; and
       ``(V) the number of firms, and the percentage of the local 
     industry, receiving workers or services through the grant 
     funded under this section.

       ``(G) A timeline for achieving progress toward the 
     strategic objectives.
       ``(H) In the case of an eligible entity desiring an 
     implementation grant under this section, an assurance that 
     the eligible entity will leverage other funding sources, in 
     addition to the amount required for the non-Federal share 
     under subsection (d), to provide training or supportive 
     services to workers under the grant program. Such additional 
     funding sources may include--
       ``(i) funding under this title used for such training and 
     supportive services;
       ``(ii) funding under the Adult Education and Family 
     Literacy Act of 1998 (20 U.S.C. 9201 et seq.);
       ``(iii) funding under chapter 2 or 6 of title II of the 
     Trade Act of 1974 (19 U.S.C. 2271 et seq.);
       ``(iv) economic development funding;
       ``(v) employer contributions to training initiatives; or
       ``(vi) providing employees with employee release time for 
     such training or supportive services.
       ``(e) Award Basis.--
       ``(1) Geographic distribution.--The Secretary shall award 
     grants under this section in a manner to ensure geographic 
     diversity.
       ``(2) Priorities.--In awarding grants under this section, 
     the Secretary shall give priority to eligible entities that--
       ``(A) work with high road employers within a targeted 
     industry cluster to retain and expand employment in high 
     wage, high growth areas;
       ``(B) focus on helping workers move toward economic self-
     sufficiency and ensuring the workers have access to adequate 
     supportive services;
       ``(C) address the needs of firms with limited human 
     resources or in-house training capacity, including small- and 
     medium-sized firms; and
       ``(D) coordinate with entities carrying out State and local 
     workforce investment, economic development, and education 
     activities.
       ``(f) Activities.--
       ``(1) In general.--An eligible entity receiving a grant 
     under this section shall carry out the activities necessary 
     to meet the strategic objectives described in the entity's 
     application in a manner that--
       ``(A) integrates services and funding sources in a way that 
     enhances the effectiveness of the activities; and
       ``(B) uses grant funds awarded under this section 
     efficiently.
       ``(2) Administrative costs.--An eligible entity may retain 
     a portion of a grant awarded under this section for a fiscal 
     year to carry out the administration of this section in an 
     amount not to exceed 10 percent of the grant amount.
       ``(g) Evaluation and Progress Reports.--
       ``(1) Annual activity report and evaluation.--Not later 
     than 1 year after receiving a grant under this section, and 
     annually thereafter, an eligible entity shall--
       ``(A) report to the Secretary, and to the Governor of the 
     State that the eligible entity serves, on the activities 
     funded pursuant to a grant under this section; and
       ``(B) evaluate the progress the eligible entity has made 
     toward the strategic objectives identified in the application 
     under subsection (d)(2)(D), and measure the progress using 
     the performance measures identified in the application under 
     subsection (d)(2)(F).
       ``(2) Report to the secretary.--An eligible entity 
     receiving a grant under this section shall submit to the 
     Secretary a report containing the results of the evaluation 
     described in subparagraph (B) at such time and in such manner 
     as the Secretary may require.
       ``(h) Administration by the Secretary.--
       ``(1) Administrative costs.--The Secretary may retain not 
     more than 10 percent of the funds appropriated pursuant to 
     the authorization of appropriations under subsection (j) for 
     each fiscal year to administer this section.
       ``(2) Technical assistance and oversight.--The Secretary 
     shall provide technical assistance and oversight to assist 
     the eligible State and local agencies or eligible entities in 
     applying for and administering grants awarded under this 
     section. The Secretary shall also provide technical 
     assistance to eligible entities in the form of conferences 
     and through the collection and dissemination of information 
     on best practices developed by eligible partnerships. The 
     Secretary may award a grant or contract to 1 or more national 
     or State organizations to provide technical assistance to 
     foster the planning, formation, and implementation of 
     industry cluster partnerships.
       ``(3) Performance measures.--The Secretary shall issue a 
     range of performance measures, with quantifiable benchmarks, 
     and methodologies that eligible entities may use to evaluate 
     the effectiveness of each type of activity in making progress 
     toward the strategic objectives described in subsection 
     (d)(2)(D). Such measures shall consider the benefits of the 
     industry or sector partnership and its activities for 
     workers, firms, industries, and communities.
       ``(4) Dissemination of information.--The Secretary shall--
       ``(A) coordinate the annual review of each eligible entity 
     receiving a grant under this section and produce an overview 
     report that, at a minimum, includes--
       ``(i) the critical learning of each industry or sector 
     partnership, such as--

       ``(I) the training that was most effective;
       ``(II) the human resource challenges that were most common;
       ``(III) how technology is changing the targeted industry 
     cluster; and
       ``(IV) the changes that may impact the targeted industry 
     cluster over the next 5 years; and

       ``(ii) a description of what eligible entities serving 
     similar targeted industry clusters consider exemplary 
     practices, such as--

       ``(I) how to work effectively with postsecondary 
     educational institutions;
       ``(II) the use of internships;
       ``(III) coordinating with apprenticeships and cooperative 
     education programs;
       ``(IV) how to work effectively with schools providing 
     vocational education;
       ``(V) how to work effectively with adult populations, 
     including--

       ``(aa) dislocated workers;
       ``(bb) women in nontraditional occupations; and
       ``(cc) individuals with barriers to employment, such as job 
     seekers who--
       ``(AA) are economically disadvantaged;
       ``(BB) have limited English proficiency;
       ``(CC) require remedial education;
       ``(DD) are older workers;
       ``(EE) are individuals who have completed a sentence for a 
     criminal offense; and
       ``(FF) have other barriers to employment;

       ``(VI) employer practices that are most effective;
       ``(VII) the types of training that are most effective; and
       ``(VIII) other areas where industry or sector partnerships 
     can assist each other;

       ``(B) make resource materials, including all reports 
     published and all data collected under this section, 
     available on the Internet; and
       ``(C) conduct conferences and seminars to--
       ``(i) disseminate information on best practices developed 
     by eligible entities receiving a grant under this section; 
     and
       ``(ii) provide information to the communities of eligible 
     entities.
       ``(5) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall transmit a report 
     to Congress on the industry or sector partnership

[[Page S7789]]

     grant program established by this section. The report shall 
     include a description of--
       ``(A) the eligible entities receiving funding;
       ``(B) the activities carried out by the eligible entities;
       ``(C) how the eligible entities were selected to receive 
     funding under this section; and
       ``(D) an assessment of the results achieved by the grant 
     program including findings from the annual reviews described 
     in paragraph (4)(A).
       ``(i) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section such sums as may be necessary for 
     fiscal year 2009 and for each succeeding fiscal year.
       ``(2) Availability.--Amounts appropriated pursuant to the 
     authorization of appropriations under paragraph (1) for the 
     fiscal year shall remain available until the end of the 
     second fiscal year following the fiscal year in which such 
     amounts were first appropriated.''.

     SEC. 3. FEDERAL AGENCY COORDINATION.

       (a) Interagency Cooperation.--The head of each Federal 
     department or agency whose funding, regulations, or other 
     policies impact workers shall cooperate with the Secretary of 
     Labor to--
       (1) maintain up-to-date information on jobs, wages, 
     benefits, skills, and careers of workers impacted by the 
     actions of such agency or department;
       (2) develop and implement policies that would improve the 
     jobs and careers of workers impacted by the actions of such 
     agency or department; and
       (3) report the department or agency's job creation and 
     economic development strategies to the Secretary.
       (b) Alignment.--Notwithstanding any other provision of law, 
     the Secretary and the heads of other Federal departments or 
     agencies shall work together to align existing education and 
     training programs with the demonstrated needs of industry or 
     sector partnerships, as defined in section 174A(b) of the 
     Workforce Investment Act. These collaborative efforts shall 
     include the following:
       (1) Department of commerce.--The Secretary of Commerce 
     shall advise the Secretary of Labor of the Department of 
     Commerce's workforce and economic development strategies, 
     programs, and initiatives.
       (2) Justice department.--The Attorney General shall--
       (A) align federally funded programs offering training for 
     inmates with industry clusters (as defined in section 174A(b) 
     of the Workforce Investment Act) and high-priority 
     occupations, and annually review these training programs to 
     assure that the training programs prepare individuals for 
     high-priority occupations; and
       (B) align federally funded reentry programs to take 
     advantage of information and career opportunities provided by 
     industry and sector partnerships.
       (3) Department of education.--The Secretary of Education 
     shall--
       (A) develop and support career ladders for high-priority 
     occupations critical to targeted industry clusters served by 
     a grant under section 174A of the Workforce Investment Act;
       (B) develop and support innovative programs to address 
     literacy (including English as a second language) and 
     numeracy shortcomings, especially in those occupations 
     critical to such targeted industry clusters;
       (C) develop and support programs and strategies to reduce 
     barriers to adult education;
       (D) develop and support career education initiatives in 
     middle and high schools; and
       (E) support initiatives to develop industry-recognized 
     credentials and new credit-bearing programs in public and 
     private postsecondary educational institutions, especially in 
     occupations critical to such targeted industry clusters.
       (4) Department of health and human services.--The Secretary 
     of Health and Human Services shall--
       (A) develop and support innovative programs that connect 
     qualified individuals receiving assistance under the State 
     temporary assistance for needy families program funded under 
     part A of title IV of the Social Security Act (42 U.S.C. 601 
     et seq.) with employment opportunities in the targeted 
     industry clusters served by a grant under section 174A of the 
     Workforce Investment Act;
       (B) develop and support strategies to prepare individuals 
     receiving assistance under the State temporary assistance for 
     needy families programs funded under part A of title IV of 
     the Social Security Act (42 U.S.C. 601 et seq.) for success 
     in postsecondary education and training programs; and
       (C) develop and support career education initiatives that 
     provide such individuals with information to guide the 
     clients' education and training plans.

  Ms. SNOWE. Mr. President, I rise today, with Senator Sherrod Brown, 
to introduce the Selecting Employment Clusters to Organize Regional 
Success, SECTORS, Act. This legislation would amend the Workforce 
Investment Act of 1998 and establish a new industry or sector 
partnership grant program administered by the Department of Labor.
  As Co-Chair of the bipartisan Senate Task Force on Manufacturing, one 
of my key goals is to ensure that manufacturers are able to find a 
capable workforce. Unfortunately, many manufacturers across the country 
have raised significant concerns about whether the next generation of 
workers is being trained to meet the needs of an increasingly high-tech 
workplace. It is critical that we ensure that our Nation has a 
sufficient workforce to meet the needs of the U.S. manufacturing 
sector.
  This legislation provides grants to help industry clusters--which are 
interrelated group of businesses, service providers, and associated 
institutions--establish and expand industry partnerships. Existing 
partnerships, which are similar to those created by this bill, have 
long been recognized as key strategic elements within some of the most 
successful economic development initiatives throughout the country. 
Unfortunately, current Federal policy does not provide sufficient 
support for these critical ventures.
  In my home State of Maine, the number of manufacturing jobs has 
dropped dramatically over the past decade. Between 1998 and 2008, 
manufacturing employment in Maine went from 81,000 to 59,000, a 27 
percent decrease! A key reason manufacturing job losses have 
dramatically affected Maine is that the average manufacturing salary is 
$10,000 more than the average annual State wage. The statistics for the 
whole of New England are no better. From January 1998 through December 
2006, the region witnessed a decline of roughly 25 percent of its 
manufacturing workforce.
  For those who have lost manufacturing jobs, it is vital to help 
improve their skills, preparing them for available U.S. jobs. This 
legislation provides a crucial link between establishing worker 
training programs and fostering new employment opportunities for those 
who have been affected by the manufacturing industry's decline. By 
promoting this innovative partnership we will take a crucial step 
toward rejuvenating our economy.
  Groups, such as the National Governors Association, the Aspen 
Institute, and the National Network of Sector Partners have promoted 
and documented the success of sector partnerships. Throughout the 
country, sector partnerships are being used to promote the long-term 
competitiveness of industries and advancing employment opportunities. 
For example, the State of Maine has recently created the North Star 
Alliance Initiative. The alliance has brought together Maine's boat 
builders, the University of Maine's Advanced Engineered Wood Composites 
Centers, Maine's marine and composite trade association, economic 
development groups, and investment organizations for the purpose of 
advancing workforce training.
  Out Nation's capacity to innovate is a key reason why our economy 
continues to grow and remains the envy of the world. Ideas by 
innovative Americans in the private and public sector have paid 
enormous dividends, improving the lives of millions throughout the 
world. We must continue to encourage all avenues for advancing this 
vital sector if America is to compete at the forefront of innovation.

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