[Congressional Record Volume 155, Number 59 (Wednesday, April 22, 2009)]
[Senate]
[Pages S4575-S4585]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KAUFMAN (for himself, Mr. Carper, and Mr. Casey):
  S. 853. A bill to designate additional segments and tributaries of 
White Clay Creek, in the States of Delaware and Pennsylvania, as a 
component of the National Wild and Scenic Rivers System; to the 
Committee on Energy and Natural Resources.
  Mr. KAUFMAN. Mr. President, I am joined by Senator Carper and Senator 
Casey in introducing a bill that would expand the designation of the 
White Clay Creek National Wild and Scenic River in Delaware and 
Pennsylvania to include two new sites: Lamborn Run in Delaware and the 
East Branch and Egypt Run in New Garden Township in Pennsylvania.
  In 2000, the White Clay Creek watershed was designated Delaware's 
first and only National Wild and Scenic River. The watershed is home to 
a wide variety of plant and animal life, archeological sites dating 
back to prehistoric times, and a bi-State preserve and State park. It 
is also a source of drinking water for the region.
  A National Park Service study released in 1994 details the 
watershed's diversity of natural, historic, cultural, and recreational 
resources, and its results led the way for its original designation.
  The watershed covers approximately 107 square miles and drains over 
69,000 acres in Delaware and Pennsylvania. Of those 69,000 acres, 5,000 
acres are public lands owned by State and local governments and the 
rest is privately owned and maintained. There are no Federal lands 
within the watershed and no Federal dollars were used to purchase any 
of the land within its boundaries.
  The watershed is centrally located between the densely urbanized 
regions of New York and Washington, DC. The legislation being 
introduced today will expand the designation by incorporating an 
additional 9 miles to White Clay's National Wild and Scenic River, 
bringing the total federally recognized miles within the watershed to 
199.9 miles.
  National Wild and Scenic designation brings recognition to the unique 
cultural, natural, scenic, and recreational values of the White Clay 
Creek watershed. It provides an added level of protection from 
overdevelopment, and it elevates the value of the watershed when 
applying for State, local, and Federal grants. Projects located within 
the White Clay Creek watershed have received almost $4 million in 
Federal funding since being designated in 2000.
  While there are over 160 National wild and scenic rivers, the White 
Clay Creek can claim a few distinctions. First, it is Delaware's first 
and only wild and scenic river. It is one of only 12 rivers nationwide 
that is classified as a partnership river. That is a river that is 
managed on the local level with support from homeowners and communities 
and with the limited assistance of government on the local, State, and 
Federal level. It was the first to be studied and designated on a 
watershed basis, and it is the only wild and scenic

[[Page S4576]]

river that runs through a college or university.
  Thirty years ago, I was privileged to be a part of the effort that 
eventually designated White Clay Creek as Delaware's first and only 
wild and scenic river. Today, I am proud to introduce legislation that 
will further expand and preserve this unique region.
  I wish to thank everyone who has worked so hard and for so long to 
celebrate and preserve its natural beauty, so that 30 years from now 
our children and grandchildren can enjoy the same pristine landscape we 
appreciate today.
  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 
placed in the Record, as follows:

                                 S. 853

       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 ``White Clay Creek Wild and 
     Scenic River Expansion Act of 2009''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the White Clay Creek watershed is 1 of only a few 
     relatively intact and unspoiled functioning river systems 
     remaining in the highly congested and developed corridor 
     between Philadelphia, Pennsylvania and Newark, Delaware;
       (2) Public Law 102-215 (16 U.S.C. 1271 note; 105 Stat. 
     1664) directed the Secretary of the Interior, in cooperation 
     and consultation with appropriate State and local governments 
     and affected landowners, to conduct a study of the 
     eligibility and suitability of White Clay Creek, in the 
     States of Delaware and Pennsylvania, and the tributaries of 
     the creek for inclusion in the National Wild and Scenic 
     Rivers System;
       (3) as a part of the study described in paragraph (2), all 
     segments listed in the amendments made by section 3 were 
     found eligible for inclusion in the National Wild and Scenic 
     Rivers System;
       (4) local communities and governments along the proposed 
     river segments have passed resolutions in support of the 
     designation of the segments listed in the amendments made by 
     section 3 as components of the National Wild and Scenic 
     Rivers System; and
       (5) Public Law 106-357 (16 U.S.C. 1271 note; 114 Stat. 
     1393) designated 190 miles of river segments of White Clay 
     Creek (including tributaries of White Clay Creek and all 
     second order tributaries of the designated segments) in the 
     States of Delaware and Pennsylvania, to be administered by 
     the Secretary of the Interior.

     SEC. 3. DESIGNATION OF SEGMENTS OF WHITE CLAY CREEK, AS 
                   SCENIC AND RECREATIONAL RIVERS.

       Section 3(a)(163) of the Wild and Scenic Rivers Act (16 
     U.S. C. 1274(a)(163)) is amended--
       (1) in the matter preceding subparagraph (A)--
       (A) by striking ``190 miles'' and inserting ``199 miles''; 
     and
       (B) by striking ``(dated June 2000)'' and inserting 
     ``(dated February 2009)'';
       (2) by striking subparagraph (B) and inserting the 
     following:
       ``(B) 22.4 miles of the east branch beginning at the 
     southern boundary line of the Borough of Avondale, including 
     Walnut Run, Broad Run, and Egypt Run, outside the boundaries 
     of the White Clay Creek Preserve, as a recreational river.''; 
     and
       (3) by striking subparagraph (H) and inserting the 
     following:
       ``(H) 14.3 miles of the main stem, including Lamborn Run, 
     that flow through the boundaries of the White Clay Creek 
     Preserve, Pennsylvania and Delaware, and White Clay Creek 
     State Park, Delaware beginning at the confluence of the east 
     and middle branches in London Britain Township, Pennsylvania, 
     downstream to the northern boundary line of the City of 
     Newark, Delaware, as a scenic river.''.

     SEC. 4. ADMINISTRATION OF WHITE CLAY CREEK.

       Sections 4 through 8 of Public Law 106-357 (16 U.S.C. 1274 
     note; 114 Stat. 1393), shall be applicable to the additional 
     segments of the White Clay Creek designated by the amendments 
     made by section 3.
                                 ______
                                 
      By Ms. COLLINS (for herself and Ms. Klobuchar):
  S. 855. A bill to establish an Energy Assistance Fund to guarantee 
low-interest loans for the purchase and installation of qualifying 
energy efficient property, idling reduction and advanced insulation for 
heavy trucks, and alternative refueling stations, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Ms. COLLINS. Mr. President, today I introduce the Energy Assistance 
Fund Act of 2009, legislation which will assist people who want to 
invest in energy conservation and alternative energy technologies and 
help set us on a path toward energy independence.
  As I visit communities around the State of Maine, I hear time and 
again that the costs of energy create hardship for many of our 
citizens. Unpredictable, and often increasing, prices for home heating 
oil, gasoline and diesel fuel are a huge burden for many families, 
truckers, and small businesses.
  I am concerned that in a difficult economy, investments in energy 
conservation and alternative energy improvements are simply too costly 
for many American families and small businesses. For example, under the 
present code, taxpayers who install energy efficient windows and 
skylights or solar water heating systems receive a 30 percent tax 
credit. In both instances, the investment which must be made by the 
taxpayer far exceeds the credit amount. In the current economic 
climate, most families and small businesses are already scrimping and 
saving to make ends meet, and they do not have the money to finance the 
gap between the tax credit we provide and the cost of the investment.
  The legislation I am introducing today calls for additional loan 
authority to support current Federal programs that help families and 
small businesses finance energy efficiency improvements. The loan 
authority I am proposing would expand existing Federal programs that 
make low-interest loans to individuals and small businesses for energy 
efficiency improvements. This new loan authority would be made 
available through a new energy assistance revolving loan fund within 
the Treasury Department. Individuals who make less than 115 percent of 
the national average median income would be able to apply for low-
interest loans to cover the difference between the tax credits 
available for energy efficiency improvements and up to 90 percent of 
the cost of those improvements. The Federal agencies can make these 
loans through their lender networks.
  USDA, HUD, and other Federal agencies already have programs that can 
make loans of this kind to individuals. Small businesses can seek low-
interest loans for energy efficiency improvements under existing loan 
programs such as the SBA's 7(a) program. The revolving loan fund called 
for by my bill will enable these agencies to offer more loans to the 
individuals and small businesses we have asked them to serve.
  I urge my colleagues to work together in a bipartisan way so that we 
can help Americans overcome the challenge of our dependence on foreign 
oil and restore and strengthen our Nation's economy.
                                 ______
                                 
      By Ms. COLLINS (for herself and Ms. Snowe):
  S. 856. A bill to establish a commercial truck highway safety 
demonstration program in the State of Maine, and for other purposes; to 
the Committee on Environment and Public Works.
  Ms. COLLINS. Mr. President, I rise to join with my senior colleague 
from Maine in sponsoring the Commercial Truck Highway Safety 
Demonstration Program Act, an important bill that addresses a 
significant safety problem in our State.
  Under current law, trucks weighing 100,000 pounds are allowed to 
travel on the portion of Interstate 95 designated as the Maine 
Turnpike, which runs from Maine's border with New Hampshire to Augusta, 
our capital city. At Augusta, the Turnpike designation ends, but 1-95 
proceeds another 200 miles north to Houlton. At Augusta, however, heavy 
trucks must exit the modern four-lane, limited-access highway and are 
forced onto smaller, two-lane secondary roads that pass through cities, 
towns, and villages.
  Trucks weighing up to 100,000 pounds are permitted on interstate 
highways in New Hampshire, Massachusetts, and New York as well as the 
Canadian provinces of New Brunswick and Quebec. The weight limit 
disparity on various segments of Maine's Interstate Highway System is a 
significant impediment to commerce, increases wear-and-tear on our 
secondary roads, and, most important, puts our people needlessly at 
risk.
  Senator Snowe and I have introduced this legislation several times in 
recent years. We remain concerned about the safety of our citizens who 
are needlessly put at risk when heavy trucks are forced off the main 
interstate and onto secondary roads through our

[[Page S4577]]

towns and communities. Unfortunately, Maine has experienced two tragic 
deaths in the past few years due to accidents involving heavy trucks in 
this situation.
  One of these tragic accidents took the life of Susan Abraham, a 
bright and talented 17-year-old high-school student from Hampden, 
Maine, when her car was struck by a heavy truck on Route 9. The truck 
driver could not see Susan's small car turning onto that two-lane road 
as he rounded a corner. It was an accident, but one that would have 
been avoided had the truck remained on the Interstate highway. 
Interstate 95 runs less than three-quarters of a mile away, but Federal 
law prevented the truck from using that modern, divided highway, a 
highway that was designed to provide ample views of the road ahead.
  That preventable tragedy took place almost one year to the day after 
Lena Gray, an 80-year-old resident of Bangor, was struck and killed by 
a tractor-trailer as she was crossing a downtown street. Again, that 
accident would not have occurred had that truck been allowed to use I-
95, which runs directly through Bangor.
  The problem Maine faces due to the disparity in truck weight limits 
affects many communities, but it is clearly evident in the eastern 
Maine cities of Bangor and Brewer. In this region, a two-mile stretch 
of Interstate 395 connects two major State highways that carry 
significant truck traffic across Maine. I-395 affords direct and safe 
access between these major corridors, but because of the existing 
Federal truck weight limit, many heavy trucks are prohibited from using 
this multi-lane, limited access highway.
  Instead, these trucks, which sometimes carry hazardous materials, are 
required to maneuver through the downtown portions of Bangor and Brewer 
on two-lane roadways. Truckers are faced with two options; the first is 
a 3.5 mile diversion through downtown Bangor that requires several very 
difficult and dangerous turns. The second route is a 7.5 mile diversion 
that includes 20 traffic lights and requires travel through portions of 
downtown Bangor as well. Congestion is a significant issue, and safety 
is seriously compromised as a result of these required diversions.
  In June 2004, Wilbur Smiths Associates, a nationally recognized 
transportation consulting firm, completed a study to examine the impact 
a Federal weight exemption on non-exempt portions of Maine's Interstate 
Highway System would have on safety, pavement, and bridges. The study 
found that extending the current truck weight exemption on the Maine 
Turnpike to all interstate highways in Maine would result in a decrease 
of 3.2 fatal crashes per year. A uniform truck weight limit of 100,000 
pounds on Maine's interstate highways would reduce highway miles, as 
well as the travel times necessary to transport freight through Maine, 
resulting in safety, economic, and environmental benefits.
  Moreover, Maine's extensive network of local roads would be better 
preserved without the wear and tear of heavy truck traffic.
  Most important, however, a uniform truck weight limit will keep 
trucks on the interstate where they belong, rather than on roads and 
highways that pass through Maine's cities, towns, and neighborhoods.
  In addition to the safety of motorists and pedestrians, there is a 
homeland security aspect to this as well. An accident or attack 
involving a heavy truck carrying explosive fuel or a hazardous chemical 
on a congested city street would have devastating consequences. That 
risk can be alleviated substantially by allowing those trucks to stay 
on the open highway.
  The legislation that Senator Snowe and I are introducing addresses 
the safety issues we face in Maine because of the disparities in truck 
weight limits. The legislation directs the Secretary of Transportation 
to establish a commercial truck safety pilot program in Maine. Under 
the pilot program, the truck weight limit on all Maine highways that 
are part of the Interstate Highway System would be set at 100,000 
pounds for three years. During the waiver period, the Secretary would 
study the impact of the pilot program on safety and would receive the 
input of a panel on which State officials, and representatives from 
safety organizations, municipalities, and the commercial trucking 
industry would serve. The waiver would become permanent if the panel 
determined that motorists were safer as a result of a uniform truck 
weight limit on Maine's Interstate Highway System.
  Maine's citizens and motorists are needlessly at risk because too 
many heavy trucks are forced off the interstate and onto local roads. 
The legislation Senator Snowe and I are introducing is a commonsense 
approach to a significant safety problem in my State. Our efforts are 
widely supported by public officials throughout Maine, including the 
Governor, the Maine Department of Transportation, the Maine Secretary 
of State, and the Maine State Police. I urge my colleagues to support 
this important legislation.
  Ms. SNOWE. Mr. President, I rise today to join my colleague from 
Maine, Senator Collins, to once again introduce legislation that seeks 
not only to rectify an impediment to international commerce flowing 
through Maine, but more importantly, will offer a measure of safety and 
security that many of my constituents in Maine do not currently 
possess.
  As many of our colleagues know, expanding upon the current federal 
truck weight limitation of 80,000 pounds is often looked upon as too 
dangerous, flaunting the safety of drivers who may be faced with a 
truck weighing as much as 145,000 pounds. While my record reflects my 
long commitment to safety on our roadways, I ask my colleagues not to 
overlook the safety of pedestrians as well.
  Take the situation we face in Maine, where we currently have a 
limited exemption along the southern portion of the Maine Turnpike. 
Many trucks traveling to or from the Canadian border or into upstate 
Maine are not able to travel on our Interstates as a result of the 
80,000 pound weight limit. This forces many of them onto secondary 
roads, many of which are two-lane roads running through small towns and 
villages in Maine. Tanker trucks carrying fuel teeter past elementary 
schools, libraries, weaving through traffic to reach locations like our 
Air National Guard station. Not only is it an inefficient method of 
bringing necessary fuel to Guardsmen that provide our national 
security, but imagine if you will one of those tanker trucks rupturing 
on Main Street, potentially causing serious damage to property, causing 
traffic chaos, and most importantly, killing or injuring drivers and 
pedestrians.
  This is not a far-fetched scenario. In fact, two pedestrians were 
killed last year in Maine as a result of overweight trucks on local 
roadways, one tragic instance occurring within sight of the nearby 
Interstate. So I ask you, is the so-called safety argument truly a 
legitimate reason for opposition as my constituents and many others 
across small American communities are taking their lives in their hands 
when merely crossing Main Street?
  What is the result of redirecting such traffic onto local roads? 
According to study conducted by the Maine Department of Transportation, 
traffic fatalities involving trucks weighing 100,000 pounds are 10 
times greater on secondary roads in Maine than on the exempted 
Interstates. Serious injuries are seven times more likely. Not to 
mention the exorbitant cost of maintaining these secondary roads, 
forced to handle these massive trucks. These roads were not designed to 
handle this kind of traffic. Our Interstates were, yet these trucks are 
consistently prevented from traveling on them.
  As you can see, safety is indeed the issue. Unfortunately, I believe 
the opponents of such legislation who continually cite safety as the 
reason behind their opposition are missing the point.
  Another argument against allowing such trucks access to these 
Interstates is the classic ``slippery slope'', that if you allow one 
State to have such an exemption, pretty soon you'll have to give EVERY 
State such an exemption. Well, I would like to remind the opponents of 
this bill that we're already almost there. A total of 46 States possess 
some type of variance, already have some type of exemption, and 4 
States allow trucks weighing over 130,000 pounds on some roads within 
their State! To offer a clear picture of this, if you are driving a 
truck weighing 100,000 pounds, you can leave Gary, Indiana, just 
outside of Chicago, and can

[[Page S4578]]

operate that vehicle all the way to Portland, ME. There, of course, 
they have to unload the additional weight--this case, 20,000 pounds--to 
continue on the Interstate, or travel the remainder of the way through 
the State on these local roads, endangering the populace and other 
drivers.
  Conversely, you can operate a truck weighing 90,000 pounds from 
Kansas City, Missouri and travel to Seattle, WA. So I ask you, is this 
truly a legitimate reason for opposition while my constituents are 
taking their lives in their hands when merely crossing Main Street? 
Perhaps, for the sake of fairness, every State should rescind their 
current variances, instead requiring that all States operate at the 
present federal level of 80,000 pounds. I suspect if that were the case 
many of our opponents would no longer be so stalwart in their 
reluctance to support waivers.
  Lastly, and most importantly, I would especially like to thank 
Senator Collins for her steadfast effort as, side-by-side, we continue 
to seek a resolution to this issue so vital to our State's economic 
competitiveness and to the safety of Maine's people.
                                 ______
                                 
      By Ms. CANTWELL (for herself, Ms. Snowe, Mr. Kerry, and Mr. 
        Nelson, of Florida):
  S. 859. A bill to amend the provisions of law relating to the John H. 
Prescott Marine Mammal Rescue Assistance Grant Program, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Ms. CANTWELL. Mr. President, I rise today to introduce the Marine 
Mammals Rescue Assistance Amendments Act.
  In my home State of Washington, our history and economy is based on a 
rich maritime tradition that contributes as much as $3 billion to the 
State's economy each year. There are 3,000 vessels in Washington's 
fishing fleet that employ 10,000 fishermen. Nationwide, ocean-dependent 
industries generate approximately $138 billion and millions of jobs to 
the U.S. economy. According to the National Ocean Economic Project, 30 
U.S. coastal states accounted for 82 percent of total population and 81 
percent of U.S. jobs in 2006.
  For these communities, their histories and economies literally ebb 
and flow with the tide. It is vital we remember the ocean resources 
these communities depend on are a public trust, and a resource to be 
both treasured and protected.
  One important element of the oceans' ecosystems is marine mammals. 
They reflect the greater health of the ocean environment, like a canary 
in a coal mine.
  In Washington state, marine mammals like the endangered Puget Sound 
southern resident orcas are icons for our region.
  My State's coastal waters are inhabited by gray whales, harbor seals, 
orcas, humpback whales, Dall's porpoise, California sea lions, and sea 
otters. They are an important part of Washington's marine environment, 
and deserve to be protected and respected.
  But occasionally these remarkable animals run into trouble and need 
our help. They become stranded on beaches, ensnared in fishing gear, 
hit by boats, or harmed by marine trash. Human activities endanger 
these animals, as such, it is our responsibility to do all that we can 
to protect them.
  The Marine Mammals Rescue Assistance Amendments Act continues our 
Government's efforts to protect and preserve these remarkable 
creatures.
  It would reauthorize and amend provisions of the Marine Mammal 
Protection Act of 1972 relating to the John H. Prescott Marine Mammal 
Rescue Assistance Grant Program, Prescott program.
  Before this program was created, saving troubled marine mammals was 
the burden of small, locally-funded volunteer organizations, many of 
whom were members of the Marine Mammal Stranding Network. These groups 
of local citizens took on the financial burden of rescuing and 
rehabilitating stranded mammals, relied mainly on piecemeal 
fundraising, and were woefully underfunded.
  The Prescott program lends a much-needed helping hand to these 
organizations, helping to defray their costs for marine mammal rescue 
and rehabilitation. It also allows eligible Marine Mammal Stranding 
Network participants to use funds to collect scientific data to improve 
the treatment and operation of rescue and rehabilitation centers.
  Reauthorization of this program is important to the Marine Mammal 
Stranding Networks around the nation, aquariums and zoos, the 
environmental community, and NOAA.
  For example, in my home state of Washington, organizations like the 
Orca Network, the Makah Tribe, The Whale Museum, and the Cascadia 
Research Collective rely on this funding, and last year received a 
total of $319,000 in Prescott grant funding to help support their work 
preserving and protecting marine mammals.
  The Marine Mammal Rescue Assistance Amendments Act would amend 
section 403 of the MMPA to: define the term ``entanglement'' and add 
authorization for entanglement response as eligible for funding under 
the program; require the Secretary of Commerce to collect and update 
existing practices and procedures for rescuing and rehabilitating 
entangled marine mammals; establishes an interest bearing fund in the 
Treasury for emergency response to marine mammal entanglement and 
stranding, and allow the program to solicit and accept gifts and other 
donations to increase the impact of the program; increase authorization 
for the program to $7 million for each fiscal years 2009 to 2013; and 
increase the maximum grant for projects from $100,000 to $200,000.
  We cannot turn our backs on the damage we do to our marine mammals 
every day. When marine mammals are harmed by human activities--whether 
intentional or unintentional, direct or indirect--we have an ethical 
obligation to do what we can to help.
  As stewards of the oceans, we owe it to our coastal communities, our 
precious marine mammals, and future generations to fulfill that 
obligation.
  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. 859

       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 ``Marine Mammal Rescue 
     Assistance Amendments of 2009''.

     SEC. 2. STRANDING AND ENTANGLEMENT RESPONSE.

       (a) Collection and Updating of Information.--Section 
     402(b)(1)(A) of the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1421a(b)(1)(A)) is amended by inserting ``or 
     entangled'' after ``stranded''.
       (b) Entanglement Response Agreements.--
       (1) In general.--Section 403 of that Act (16 U.S.C. 1421b) 
     is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``SEC. 403. STRANDING OR ENTANGLEMENT RESPONSE 
     AGREEMENTS.'' ; and
       (B) by striking ``stranding.'' in subsection (a) and 
     inserting ``stranding or entanglement.''.
       (2) Clerical amendment.--The table of contents for title IV 
     of that Act is amended by striking the item relating to 
     section 403 and inserting the following:

``Sec. 403. Stranding or entanglement response agreements.''.

       (c) Liability.--Section 406(a) of such Act (16 U.S.C. 
     1421e(a)) is amended by inserting ``or entanglement'' after 
     ``stranding''.
       (d) Entanglement Defined.--
       (1) In general.--Section 410 of such Act (16 U.S.C. 1421h) 
     is amended--
       (A) by redesignating paragraphs (1) through (6) as 
     paragraphs (2) through (7), respectively; and
       (B) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) The term `entanglement' means an event in the wild in 
     which a living or dead marine mammal has gear, rope, line, 
     net, or other material wrapped around or attached to it and 
     is--
       ``(A) on a beach or shore of the United States; or
       ``(B) in waters under the jurisdiction of the United 
     States.''.
       (2) Conforming amendment.--Section 408(a)(2)(B)(i) of such 
     Act (16 U.S.C. 1421f-1(a)(2)(B)(i)) is amended by striking 
     ``section 410(6)'' and inserting ``section 410(7)''.
       (e) Unusual Mortality Event Funding.--Section 405 of such 
     Act (16 U.S.C. 1421d) is amended--
       (1) by striking ``to compensate persons for special costs'' 
     in subsection (b)(1)(A)(i) and inserting ``to make advance, 
     partial, or progress payments under contracts or other 
     funding mechanisms for property, supplies, salaries, 
     services, and travel costs'';
       (2) by striking ``preparing and transporting'' in 
     subsection (b)(1)(A)(ii) and inserting ``the preparation, 
     analysis, and transportation of'';

[[Page S4579]]

       (3) by striking ``event for'' in subsection (b)(1)(A)(ii) 
     and inserting ``event, including such transportation for'';
       (4) by striking ``and'' after the semicolon in subsection 
     (c)(2);
       (5) by striking ``subsection (d).'' in subsection (c)(3) 
     and inserting ``subsection (d); and''; and
       (6) by adding at the end of subsection (c) the following:
       ``(4) up to $500,000 per fiscal year (as determined by the 
     Secretary) from amounts appropriated to the Secretary for 
     carrying out this title and the other titles of this Act.''.
       (f) John H. Prescott Marine Mammal Rescue and Response 
     Funding Program.--
       (1) Authorization of appropriations.--Section 408(h) of 
     such Act (16 U.S.C. 1421f-1(h)) is amended to read as 
     follows:
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section, other than subsection (a)(3), 
     $7,000,000 for each of fiscal years 2010 through 2014, to 
     remain available until expended, of which--
       ``(A) $6,000,000 may be available to the Secretary of 
     Commerce; and
       ``(B) $1,000,000 may be available to the Secretary of the 
     Interior.
       ``(2) Rapid response fund.--There are authorized to be 
     appropriated to the John H. Prescott Marine Mammal Rescue and 
     Rapid Response Fund established by subsection (a)(3), 
     $500,000 for each of fiscal years 2010 through 2014.
       ``(3) Additional rapid response funds.--There shall be 
     deposited into the Fund established by subsection (a)(3) up 
     to $500,000 per fiscal year (as determined by the Secretary) 
     from amounts appropriated to the Secretary for carrying out 
     this title and the other titles of this Act.''.
       (2) Administrative costs and expenses.--Section 408(f) of 
     such Act (16 U.S.C. 1421f-1(f)) is amended to read as 
     follows:
       ``(f) Administrative Costs and Expenses.--Of the amounts 
     available each fiscal year to carry out this section, the 
     Secretary may expend not more than 6 percent or $80,000, 
     whichever is greater, to pay the administrative costs and 
     administrative expenses to implement the program under 
     subsection (a). Any such funds retained by the Secretary for 
     a fiscal year for such costs and expenses that are not used 
     for such costs and expenses before the end of the fiscal year 
     shall be provided under subsection (a).''.
       (3) Emergency assistance.--Section 408 of such Act (16 
     U.S.C. 1421f-1) is amended--
       (A) by striking so much of subsection (a) as precedes 
     paragraph (2) and inserting the following:
       ``(a) In General.--(1) Subject to the availability of 
     appropriations, the Secretary shall conduct a program to be 
     known as the John H. Prescott Marine Mammal Rescue and 
     Response Funding Program, to provide for the recovery or 
     treatment of marine mammals, the collection of data from 
     living or dead stranded or entangled marine mammals for 
     scientific research regarding marine mammal health, facility 
     operation costs that are directly related to those purposes, 
     and stranding or entangling events requiring emergency 
     assistance. All funds available to implement this section 
     shall be distributed to eligible stranding network 
     participants for the purposes set forth in this paragraph and 
     paragraph (2), except as provided in subsection (f).'';
       (B) by redesignating paragraph (2) as paragraph (4) and 
     inserting after paragraph (1) the following:
       ``(2) Contract authority.--To carry out the activities set 
     out in paragraph (1), the Secretary may enter into grants, 
     cooperative agreements, contracts, or such other agreements 
     or arrangements as the Secretary deems appropriate.
       ``(3) Prescott rapid response fund.--There is established 
     in the Treasury an interest bearing fund to be known as the 
     `John H. Prescott Marine Mammal Rescue and Rapid Response 
     Fund', which shall consist of a portion of amounts deposited 
     into the Fund under subsection (h) or received as 
     contributions under subsection (i), and which shall remain 
     available until expended without regard to any statutory or 
     regulatory provision related to the negotiation, award, or 
     administration of any grants, cooperative agreements, and 
     contracts.'';
       (C) by striking ``designated as of the date of the 
     enactment of the Marine Mammal Rescue Assistance Act of 2000, 
     and in making such grants'' in paragraph (4), as 
     redesignated, and inserting ``as defined in subsection 
     (g)(3). The Secretary''; and
       (D) by striking ``subregions.'' in paragraph (4), as 
     redesignated, and inserting ``subregions where such 
     facilities exist.'';
       (E) by striking subsections (d) and (e) and inserting the 
     following:
       ``(d) Limitation.--
       ``(1) In general.--Support for an individual project under 
     this section may not exceed $200,000 for any 12-month period.
       ``(2) Unexpended funds.--Amounts provided as support for an 
     individual project under this section that are unexpended or 
     unobligated at the end of such period--
       ``(A) shall remain available until expended; and
       ``(B) shall not be taken into account in any other 12-month 
     period for purposes of paragraph (1).
       ``(e) Matching Requirement.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     non-Federal share of the costs of an activity conducted with 
     funds under this section shall be 25 percent of such Federal 
     costs.
       ``(2) Waiver.--The Secretary shall waive the requirements 
     of paragraph (1) with respect to an activity conducted with 
     emergency funds disbursed from the Fund established by 
     subsection (a)(3).
       ``(3) In-kind contributions.--The Secretary may apply to 
     the non-Federal share of an activity conducted with a grant 
     under this section the amount of funds, and the fair market 
     value of property and services, provided by non-Federal 
     sources and used for the activity.''; and
       (F) by redesignating paragraph (2) of subsection (g) as 
     paragraph (3) and inserting after paragraph (1) the 
     following:
       ``(2) Emergency assistance.--The term `emergency 
     assistance' means assistance provided for a stranding or 
     entangling event--
       ``(A) that--
       ``(i) is not an unusual mortality event as defined in 
     section 409(7);
       ``(ii) leads to an immediate increase in required costs for 
     stranding or entangling response, recovery, or rehabilitation 
     in excess of regularly scheduled costs;
       ``(iii) may be cyclical or endemic; and
       ``(iv) may involve out-of-habitat animals; or
       ``(B) is found by the Secretary to qualify for emergency 
     assistance.''.
       (4) Contributions.--Section 408 of such Act (16 U.S.C. 
     1421f-1) is amended by adding at the end the following:
       ``(i) Contributions.--For purposes of carrying out this 
     section, the Secretary may solicit, accept, receive, hold, 
     administer, and use gifts, devises, and bequests without any 
     further approval or administrative action.''.
       (5) Conforming amendment.--The section heading for section 
     408 is amended to read as follows:

     ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND 
                   RESPONSE FUNDING PROGRAM.'' .
       (g) Authorization of Appropriations for Marine Mammal 
     Unusual Mortality Event Fund.--Section 409 of such Act (16 
     U.S.C. 1421g) is amended--
       (1) by striking ``1993 and 1994;'' in paragraph (1) and 
     inserting ``2010 through 2014;'';
       (2) by striking ``1993 and 1994;'' in paragraph (2) and 
     inserting ``2010 through 2014;''; and
       (3) by striking ``fiscal year 1993.'' in paragraph (3) and 
     inserting ``each of fiscal years 2010 through 2014.''.
                                 ______
                                 
      By Mr. DORGAN (for himself, Ms. Snowe, Mr. Kerry, Mr. Schumer, 
        Mrs. Lincoln, Ms. Stabenow, Mr. Voinovich, Mr. Burr, Mr. Pryor, 
        Mr. Leahy, and Mr. Levin):
  S. 864. A bill to amend the Internal Revenue Code of 1986 to expand 
tax-free distributions from individual retirement accounts for 
charitable purposes; to the Committee on Finance.
  Mr. DORGAN. Mr. President, the Nation's charitable community has been 
damaged from the harsh realties of the economic downturn. Dwindling 
contributions and devastating market losses have hit many charities and 
philanthropic activities, and the trusts and funds that support them.
  Experts at the Congressional Research Service suggest that charitable 
assets could have lost more than $400 billion in value from the stock 
market's peak in October 2007. Some foundations with narrow investment 
portfolios have lost close to 50 percent since that time. Donations are 
down at many charities across the country.
  Yet, the work of these organizations to assist low-income families 
and individuals facing financial difficulty is more important than 
ever. The economy is in trouble--20,000 jobs are lost every day and the 
unemployment rate is approaching 9 percent. It is not surprising that 
many charities are seeing an increase in those seeking help for food, 
rent or mortgage payments or utility bills, along with an increase in 
the number of working poor seeking services, more generally.
  The Senate recently sent a strong message to our charitable community 
that we understand their financial challenges and will do what it can 
to help. During consideration of the fiscal year 2010 Budget 
Resolution, the Senate unanimously passed an amendment I authored with 
Senator Snowe that gives a green light to pass legislation to extend 
and enhance the soon-to-expire charitable individual retirement 
account, IRA, rollover tool that charities have used to help raise 
money. This tax incentive allows individuals to make gifts to charities 
from their IRAs without suffering adverse tax consequences.
  Today, I am joined by Senator Snowe and 9 of our colleagues in 
introducing the Public Good IRA Rollover Act, which would permanently 
extend and expand the tax-free charitable IRA rollover incentive.
  Congress added a provision to the Tax Code in 2006 that permitted 
taxpayers age 70\1/2\ or older to give money

[[Page S4580]]

directly from their IRAs to charities, tax-free. This provision is 
modeled after an approach for direct charitable gifts that we have 
advanced in the Public Good IRA Rollover Act.
  The results of this provision have been very exciting for many in the 
charitable community. According to one survey, approximately 900 
charitable organizations had reported more than 8,500 individual IRA 
distributions, with a total value of nearly $140 million.
  Unfortunately, the tax-favored benefit of the charitable IRA rollover 
is only available for a temporary period and is scheduled to expire at 
the end of this year unless Congress acts. The Public Good IRA Rollover 
Act will not only extend the charitable IRA rollover, it will modify it 
in a manner that we believe will result in more gifts to charity 
without busting the budget. These changes include: allowing taxpayers 
to make life-income gifts from their IRAs to charities at age 59\1/2\, 
eliminating the current dollar cap, and making the charitable IRA 
rollover benefits available to more charitable organizations.
  Adopting these provisions will result in more charitable giving, 
particularly allowing taxpayers to make life-time gifts from their IRAs 
starting at the age of 59\1/2\. Many charities secure funds from life-
income gifts, which involve the donation of assets to a charity, where 
the giver retains an income stream from those assets for a defined 
period. While this provision would stimulate additional giving, 
evidence also suggests that people who make life-income gifts become 
more involved with charities. And, because the income payouts for most 
gift annuities and charitable trusts will be higher than IRA payouts, 
IRA rollovers to life-income agreements may produce immediate taxable 
revenues and score positively. In short, the life-income gift provision 
would greatly benefit charities in a fiscally-responsible manner.
  The Public Good IRA Rollover Act has strong bipartisan support in the 
Senate and House of Representatives. It has garnered the support of the 
Independent Sector, the Council on Foundations, and the Partnership for 
Philanthropic Planning. I am very pleased that the North Dakota 
Association of Nonprofit Organizations, which represents the interests 
of more than 140 nonprofits in my State, has also offered its support 
for this legislation that could help North Dakota charities raise 
millions of dollars in the coming years.
  I also ask my colleagues to review this legislation and consider 
cosponsoring it.
  Mr. President, I ask unanimous consent that letters of support be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                          North Dakota Association


                                   of Nonprofit Organizations,

                                     Bismarck, ND, April 13, 2009.
     Hon. Byron Dorgan,
     U.S. Senate,
     Washington, DC.
       Dear Senator Dorgan: The North Dakota Association of 
     Nonprofit Organizations (NDANO), on behalf of the more than 
     140 member nonprofits in our state, writes to express our 
     support for Public Good IRA Rollover Act you will be 
     introducing later this month.
       NDANO's mission is strengthening member nonprofits, 
     building community and enhancing quality of life, and one of 
     the key issues on NDANO's public policy agenda is charitable 
     giving. More specifically, NDANO supports actions to preserve 
     and expand tax policies that increase incentives for 
     taxpayers to donate to charitable organizations. Donations by 
     individuals to support nonprofit work in North Dakota are 
     essential to increasing nonprofit capacity to meet the needs 
     of the state's citizens and communities, particularly in 
     these challenging economic times. This Act could be a real 
     boost to fundraising, encouraging those age 59\1/2\ and older 
     to make gifts to charities that would not otherwise be given.
       NDANO appreciates your commitment to introduce this Act to 
     incentivize charitable giving. Thank you for your continuing 
     support of North Dakota nonprofits and the entire nonprofit 
     sector.
           Sincerely,
                                                      Dana Schaar,
     Executive Director.
                                  ____



                                           Independent Sector,

                                   Washington, DC, April 21, 2009.
     Re: Public Good IRA Rollover Act of 2009.

     Hon. Byron L. Dorgan,
     U.S. Senate,
     Washington, DC.
     Hon. Olympia J. Snowe,
     U.S. Senate,
     Washington, DC.
       Dear Senators Dorgan and Snowe: On behalf of the over 550 
     member organizations of Independent Sector, I am writing to 
     express our sincere appreciation for your leadership in 
     promoting nonprofits and the work they perform through your 
     introduction of the Public Good IRA Rollover Act of 2009.
       Since it was enacted in August 2006, the current IRA 
     charitable rollover has helped nonprofits enrich lives and 
     strengthen communities across the country and around the 
     world by allowing individuals to make direct gifts to 
     charities from their Individual Retirement Accounts without 
     suffering adverse tax consequences. The IRA rollover is 
     particularly helpful for older Americans who do not itemize 
     their tax deductions and would not otherwise receive any tax 
     benefit for their contributions. We wholeheartedly support 
     the provisions in the Public Good IRA Rollover Act of 2009 
     that make the giving incentive permanent, allow planned 
     giving programs to provide retirement security to donors 
     while helping nonprofits serve their communities, and expand 
     the IRA rollover to donor advised funds and supporting 
     organizations.
       We believe that your Public Good IRA Rollover Act of 2009 
     would greatly enhance the ability of individuals to give back 
     to their communities and offer our assistance in helping to 
     move this important bill through the legislative process.
           Sincerely,
     Patricia Read.
                                  ____

                                                   Partnership for


                                       Philanthropic Planning,

                                 Indianapolis, IN, April 21, 2009.
     Hon. Byron Dorgan,
     U.S. Senate,
     Washington, DC.
     Hon. Olympia Snowe,
     U.S. Senate,
     Washington, DC.
       Dear Senators Dorgan and Snowe: On behalf of the 
     Partnership for Philanthropic Planning (formerly the National 
     Committee on Planned Giving), I write to thank you for 
     reintroducing the Public Good IRA Rollover Act. We appreciate 
     your efforts to help our nation's charities during this 
     period of economic turmoil.
       The Public Good IRA Rollover Act would make permanent and 
     expand the IRA Charitable Rollover enacted in 2006 and 
     extended at the end of last year. As you well know, the IRA 
     Charitable Rollover has already generated a significant 
     amount of new charitable giving by eliminating the barrier in 
     the tax law that had discouraged transfers from individual 
     retirement accounts to charities. These gifts are helping 
     organizations in every state build cancer centers, develop 
     programs for counseling at-risk youth, support housing for 
     homeless families, conserve wilderness areas, help 
     disadvantaged students attend college, and provide therapy 
     for people with disabilities.
       We are pleased that your legislation would expand the 
     current law IRA Charitable Rollover by allowing for qualified 
     charitable distributions to life-income gifts, including 
     charitable gift annuities, charitable remainder trusts and 
     pooled income funds. We are also delighted your legislation 
     would permit distributions from IRA accounts to donor-advised 
     funds, supporting organizations, and private foundations. 
     These important provisions will offer increased options for 
     charitable giving, allowing an entire generation of generous 
     Americans to continue providing for others even in these 
     challenging economic times.
       Again, thank you for reintroducing the Public Good IRA 
     Rollover Act. We look forward to working with your office to 
     ensure it is signed into law soon.
           Sincerely,
                                               Tanya Howe Johnson,
     President and CEO.
                                  ____



                                       Council on Foundations,

                                    Arlington, VA, April 21, 2009.
     Hon. Byron Dorgan,
     U.S. Senate,
     Washington, DC.
     Hon. Olympia Snowe,
     U.S. Senate,
     Washington, DC.
       Dear Senator Dorgan and Senator Snowe: On behalf of the 
     Council on Foundations and our membership of more than 2,100 
     grantmaking foundations and corporations, we would like to 
     thank you for your continued leadership on issues of critical 
     concern to the philanthropic sector and the communities which 
     we serve. We are particularly appreciative of your 
     sponsorship of the ``Public Good IRA Rollover Act of 2009'', 
     legislation which would both permanently extend current law 
     authorizing charitable rollovers of individual retirement 
     accounts (``IRAs''), and permit such rollovers to include 
     gifts to donor-advised funds, supporting organizations, and 
     private foundations.
       Enactment of the ``Public Good IRA Rollover Act of 2009'' 
     will be a crucial step forward in ensuring that philanthropic 
     organizations have the means and flexibility to address 
     dramatically growing needs. Making current law regarding IRA 
     rollovers permanent will provide current donors the certainty 
     needed for prudent charitable gift

[[Page S4581]]

     planning, and will ensure future donors have the ability to 
     use this efficient means of giving. Making the charitable IRA 
     rollover available for gifts to donor-advised funds, 
     supporting organizations, and private foundations will enable 
     additional donors, particularly among middle-income 
     Americans, to utilize charitable rollovers for the benefit of 
     organizations that are particularly well-suited to delivering 
     philanthropic resources quickly and effectively to 
     communities in need.
       Two recent studies by the Council on Foundations show that, 
     in 2007, donor-advised funds accounted for over one-third of 
     all community foundation assets and 62% of their total 
     grantmaking. In addition, donor-advised funds located within 
     community foundations have a payout rate of 16.4%, over three 
     times the minimum required for private foundations by federal 
     law. The Council also has found that donor-advised funds are 
     a particularly effective tool for middle-income Americans to 
     engage in philanthropy. With most community foundations 
     accepting a donor-advised fund in the range of $5,000 to 
     $15,000, donor-advised funds are a philanthropic vehicle that 
     can go to work immediately, a particularly valuable asset 
     given current demands on philanthropic resources.
       Thank you again for your leadership in providing 
     philanthropies with the tools needed to fulfill their 
     missions, and to help meet the growing needs of their 
     communities. We look forward to working with you to achieve 
     passage of the ``Public Good Rollover Act of 2009''.
           Very truly yours,
                                                  Steve Gunderson,
                            President and Chief Executive Officer.
                                 ______
                                 
      By Mr. REED (for himself, Ms. Collins, Mr. Dodd, Mrs. Gillibrand, 
        Mr. Kerry, Mr. Lautenberg, Mrs. Lincoln, Mrs. Murray, Mr. 
        Menendez, Mr. Sanders, Mr. Whitehouse, Mr. Cardin, and Mr. 
        Durbin):
  S. 866. A bill to amend the Elementary and Secondary Education Act of 
1965 regarding environmental education, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, today I am introducing the No Child Left 
Inside Act of 2009, which will provide new support for environmental 
education in our Nation's classrooms. I thank Senators Collins, Cardin, 
Dodd, Durbin, Gillibrand, Kerry, Lautenberg, Lincoln, Menendez, Murray, 
Sanders, and Whitehouse for agreeing to be original cosponsors of this 
bill. Given the major environmental challenges we face today, teaching 
our young people about their natural world should be a priority, and 
this legislation is an important first step.
  For more than three decades, environmental education has been a 
growing part of effective instruction in America's schools. Responding 
to the need to improve student achievement and prepare students for the 
21st century economy, many schools throughout the Nation now offer some 
form of environmental education.
  Yet, environmental education is facing a significant challenge. Many 
schools are being forced to scale back or eliminate environmental 
programs. Fewer and fewer students are able to take part in related 
classroom instruction and field investigations, however effective or 
popular. State and local administrators, teachers, and environmental 
educators point to two factors behind this recent and disturbing shift: 
the unintended consequences of the No Child Left Behind Act and a lack 
of funding for these critical programs.
  The legislation that I am introducing today would address these two 
concerns. First, it would provide a new professional development 
initiative to ensure that teachers possess the content knowledge and 
pedagogical skills to effectively teach environmental education in the 
classroom, including the use of innovative interdisciplinary and field-
based learning strategies. Second, the bill would create incentives, 
through new funding, for states to develop a peer-reviewed 
comprehensive statewide environmental literacy plan to make sure 
prekindergarten, elementary, and secondary school students have a solid 
understanding of our planet and its natural resources. Lastly, the No 
Child Left Inside Act provides support for school districts to 
initiate, expand, or improve their environmental education curriculum, 
and for rigorous national studies to be conducted regarding the 
effectiveness of environmental education on improving student academic 
achievement and behavior. This legislation has broad support among 
national and state environmental groups and educational groups.
  The American public recognizes that the environment is already one of 
the dominant issues of the 21st century. In 2003, a National Science 
Foundation panel noted that ``in the coming decades, the public will 
more frequently be called upon to understand complex environmental 
issues, assess risk, evaluate proposed environmental plans and 
understand how individual decisions affect the environment at local and 
global scales. Creating a scientifically informed citizenry requires a 
concerted, systemic approach to environmental education . . .'' In the 
private sector, business leaders also increasingly believe that an 
environmentally literate workforce is critical to their long-term 
success. They recognize that better, more efficient environmental 
practices improve the bottom line and help position their companies for 
the future.
  Climate change, conservation of precious natural resources, 
maintaining clean air and water, and other environmental challenges are 
pressing and complex issues that influence human health, economic 
development, and national security. A federal study released earlier 
this month found that students participating in environmental air 
quality education programs took action that resulted in improved air 
quality in their communities. The study concludes by recommending 
increased support for environmental education programs. Finding 
widespread agreement about the specific steps we need to take to solve 
these problems is difficult. Environmental education will help ensure 
that our Nation's children have the knowledge and skills necessary to 
address these critical issues. In short, the environment should be an 
important part of the curriculum in our schools.
  I know my constituents in Rhode Island, as well as the residents of 
other States, want their children to be environmentally literate and 
have a connection with the natural world. In Rhode Island, 
organizations such as the Rhode Island Environmental Education 
Association, Roger Williams Park Zoo, Save the Bay, the Nature 
Conservancy, and the Audubon Society as well as countless schools, 
teachers, and other groups across the country, reach out to children 
each and every day to offer educational and outdoor experiences that 
these children may never otherwise have, helping to inspire them to 
learn. Despite these extraordinary efforts, environmental education 
remains out of reach for too many kids. I am proud to sponsor this 
important legislation. I look forward to working with my colleagues to 
enact the No Child Left Inside Act of 2009.
  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. 866

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``No Child 
     Left Inside Act of 2009''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
Sec. 3. Authorization of appropriations.

                 TITLE I--ENVIRONMENTAL LITERACY PLANS

Sec. 101. Development, approval, and implementation of State 
              environmental literacy plans.

    TITLE II--ESTABLISHMENT OF ENVIRONMENTAL EDUCATION PROFESSIONAL 
                       DEVELOPMENT GRANT PROGRAMS

Sec. 201. Environmental education professional development grant 
              programs.

TITLE III--ENVIRONMENTAL EDUCATION GRANT PROGRAM TO HELP BUILD NATIONAL 
                                CAPACITY

Sec. 301. Environmental education grant program to help build national 
              capacity.

     SEC. 2. REFERENCES.

       Except as otherwise specifically provided, whenever in this 
     Act an amendment or repeal is expressed in terms of an 
     amendment to, or a repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6301 et seq.).

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization.--There is authorized to be appropriated 
     to carry out section 5622(g) and part E of title II of the 
     Elementary and Secondary Education Act of 1965, $100,000,000 
     for fiscal year 2010 and each of the 4 succeeding fiscal 
     years.

[[Page S4582]]

       (b) Distribution.--With respect to any amount appropriated 
     under subsection (a) for a fiscal year--
       (1) not more than 70 percent of such amount shall be used 
     to carry out section 5622(g) of the Elementary and Secondary 
     Education Act of 1965 for such fiscal year; and
       (2) not less than 30 percent of such amount shall be used 
     to carry out part E of title II of such Act for such fiscal 
     year.

                 TITLE I--ENVIRONMENTAL LITERACY PLANS

     SEC. 101. DEVELOPMENT, APPROVAL, AND IMPLEMENTATION OF STATE 
                   ENVIRONMENTAL LITERACY PLANS.

       Part D of title V (20 U.S.C. 7201 et seq.) is amended by 
     adding at the end the following:

               ``Subpart 22--Environmental Literacy Plans

     ``SEC. 5621. ENVIRONMENTAL LITERACY PLAN REQUIREMENTS.

       ``In order for any State educational agency, or a local 
     educational agency served by a State educational agency, to 
     receive grant funds, either directly or through participation 
     in a partnership with a recipient of grant funds, under this 
     subpart or part E of title II, the State educational agency 
     shall meet the requirements regarding an environmental 
     literacy plan under section 5622.

     ``SEC. 5622. STATE ENVIRONMENTAL LITERACY PLANS.

       ``(a) Submission of Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the No Child Left Inside Act of 2009, a State 
     educational agency subject to the requirements of section 
     5621 shall, in consultation with State environmental agencies 
     and State natural resource agencies, and with input from the 
     public--
       ``(A) submit an environmental literacy plan for 
     prekindergarten through grade 12 to the Secretary for peer 
     review and approval that will ensure that elementary and 
     secondary school students in the State are environmentally 
     literate; and
       ``(B) begin the implementation of such plan in the State.
       ``(2) Existing plans.--A State may satisfy the requirement 
     of paragraph (1)(A) by submitting to the Secretary for peer 
     review an existing State plan that has been developed in 
     cooperation with a State environmental or natural resource 
     management agency, if such plan complies with this section.
       ``(b) Plan Objectives.--A State environmental literacy plan 
     shall meet the following objectives:
       ``(1) Prepare students to understand, analyze, and address 
     the major environmental challenges facing the students' State 
     and the United States.
       ``(2) Provide field experiences as part of the regular 
     school curriculum and create programs that contribute to 
     healthy lifestyles through outdoor recreation and sound 
     nutrition.
       ``(3) Create opportunities for enhanced and on-going 
     professional development for teachers that improves the 
     teachers'--
       ``(A) environmental subject matter knowledge; and
       ``(B) pedagogical skills in teaching about environmental 
     issues, including the use of--
       ``(i) interdisciplinary, field-based, and research-based 
     learning; and
       ``(ii) innovative technology in the classroom.
       ``(c) Contents of Plan.--A State environmental literacy 
     plan shall include each of the following:
       ``(1) A description of how the State educational agency 
     will measure the environmental literacy of students, 
     including--
       ``(A) relevant State academic content standards and content 
     areas regarding environmental education, and courses or 
     subjects where environmental education instruction will be 
     integrated throughout the prekindergarten to grade 12 
     curriculum; and
       ``(B) a description of the relationship of the plan to the 
     secondary school graduation requirements of the State.
       ``(2) A description of programs for professional 
     development for teachers to improve the teachers'--
       ``(A) environmental subject matter knowledge; and
       ``(B) pedagogical skills in teaching about environmental 
     issues, including the use of --
       ``(i) interdisciplinary, field-based, and research-based 
     learning; and
       ``(ii) innovative technology in the classroom.
       ``(3) A description of how the State educational agency 
     will implement the plan, including securing funding and other 
     necessary support.
       ``(d) Plan Update.--The State environmental literacy plan 
     shall be revised or updated by the State educational agency 
     and submitted to the Secretary not less often than every 5 
     years or as appropriate to reflect plan modifications.
       ``(e) Peer Review and Secretarial Approval.--The Secretary 
     shall--
       ``(1) establish a peer review process to assist in the 
     review of State environmental literacy plans;
       ``(2) appoint individuals to the peer review process who--
       ``(A) are representative of parents, teachers, State 
     educational agencies, State environmental agencies, State 
     natural resource agencies, local educational agencies, and 
     nongovernmental organizations; and
       ``(B) are familiar with national environmental issues and 
     the health and educational needs of students;
       ``(3) include, in the peer review process, appropriate 
     representatives from the Department of Commerce, Department 
     of Interior, Department of Energy, the Environmental 
     Protection Agency, and other appropriate Federal agencies, to 
     provide environmental expertise and background for evaluation 
     of the State environmental literacy plan;
       ``(4) approve a State environmental literacy plan not later 
     than 120 days after the plan's submission unless the 
     Secretary determines that the State environmental literacy 
     plan does not meet the requirements of this section;
       ``(5) immediately notify the State if the Secretary 
     determines that the State environmental literacy plan does 
     not meet the requirements of this section, and state the 
     reasons for such determination;
       ``(6) not decline to approve a State environmental literacy 
     plan before--
       ``(A) offering the State an opportunity to revise the State 
     environmental literacy plan;
       ``(B) providing technical assistance in order to assist the 
     State to meet the requirements of this section; and
       ``(C) providing notice and an opportunity for a hearing; 
     and
       ``(7) have the authority to decline to approve a State 
     environmental literacy plan for not meeting the requirements 
     of this part, but shall not have the authority to require a 
     State, as a condition of approval of the State environmental 
     literacy plan, to--
       ``(A) include in, or delete from, such State environmental 
     literacy plan 1 or more specific elements of the State 
     academic content standards under section 1111(b)(1); or
       ``(B) use specific academic assessment instruments or 
     items.
       ``(f) State Revisions.--The State educational agency shall 
     have the opportunity to revise a State environmental literacy 
     plan if such revision is necessary to satisfy the 
     requirements of this section.
       ``(g) Grants for Implementation.--
       ``(1) Program authorized.--From amounts appropriated for 
     this subsection, the Secretary shall award grants, through 
     allotments in accordance with the regulations described in 
     paragraph (2), to States to enable the States to award 
     subgrants, on a competitive basis, to local educational 
     agencies and eligible partnerships (as such term is defined 
     in section 2502) to support the implementation of the State 
     environmental literacy plan.
       ``(2) Regulations.--The Secretary shall promulgate 
     regulations implementing the grant program under paragraph 
     (1), which regulations shall include the development of an 
     allotment formula that best achieves the purposes of this 
     subpart.
       ``(3) Administrative expenses.--A State receiving a grant 
     under this subsection may use not more than 2.5 percent of 
     the grant funds for administrative expenses.
       ``(h) Reporting.--
       ``(1) In general.--Not later than 2 years after approval of 
     a State environmental literacy plan, and every 2 years 
     thereafter, the State educational agency shall submit to the 
     Secretary a report on the implementation of the State plan.
       ``(2) Report requirements.--The report required by this 
     subsection shall be--
       ``(A) in the form specified by the Secretary;
       ``(B) based on the State's ongoing evaluation activities; 
     and
       ``(C) made readily available to the public.''.

    TITLE II--ESTABLISHMENT OF ENVIRONMENTAL EDUCATION PROFESSIONAL 
                       DEVELOPMENT GRANT PROGRAMS

     SEC. 201. ENVIRONMENTAL EDUCATION PROFESSIONAL DEVELOPMENT 
                   GRANT PROGRAMS.

       Title II (20 U.S.C. 6601 et seq.) is amended by adding at 
     the end the following:

   ``PART E--ENVIRONMENTAL EDUCATION PROFESSIONAL DEVELOPMENT GRANT 
                                PROGRAMS

     ``SEC. 2501. PURPOSE.

       ``The purpose of this part is to ensure the academic 
     achievement of students in environmental literacy through the 
     professional development of teachers and educators.

     ``SEC. 2502. GRANTS FOR ENHANCING EDUCATION THROUGH 
                   ENVIRONMENTAL EDUCATION.

       ``(a) Definition of Eligible Partnership.--In this section, 
     the term `eligible partnership' means a partnership that--
       ``(1) shall include a local educational agency; and
       ``(2) may include--
       ``(A) the teacher training department of an institution of 
     higher education;
       ``(B) the environmental department of an institution of 
     higher education;
       ``(C) another local educational agency, a public charter 
     school, a public elementary school or secondary school, or a 
     consortium of such schools;
       ``(D) a Federal, State, regional, or local environmental or 
     natural resource management agency that has demonstrated 
     effectiveness in improving the quality of environmental 
     education teachers; or
       ``(E) a nonprofit organization that has demonstrated 
     effectiveness in improving the quality of environmental 
     education teachers.
       ``(b) Grants Authorized.--
       ``(1) Program authorized.--From amounts appropriated for 
     this subsection, the Secretary shall award grants, through 
     allotments in accordance with the regulations described in 
     paragraph (2), to States whose State environmental literacy 
     plan has been approved under section 5622, to enable the

[[Page S4583]]

     States to award subgrants under subsection (c).
       ``(2) Regulations.--The Secretary shall promulgate 
     regulations implementing the grant program under paragraph 
     (1), which regulations shall include the development of an 
     allotment formula that best achieves the purposes of this 
     subpart.
       ``(3) Administrative expenses.--A State receiving a grant 
     under this subsection may use not more than 2.5 percent of 
     the grant funds for administrative expenses.
       ``(c) Subgrants Authorized.--
       ``(1) Subgrants to eligible partnerships.--From amounts 
     made available to a State educational agency under subsection 
     (b)(1), the State educational agency shall award subgrants, 
     on a competitive basis, to eligible partnerships serving the 
     State, to enable the eligible partnerships to carry out the 
     authorized activities described in subsection (e) consistent 
     with the approved State environmental literacy plan.
       ``(2) Duration.--The State educational agency shall award 
     each subgrant under this part for a period of not more than 3 
     years beginning on the date of approval of the State's 
     environmental literacy plan under section 5622.
       ``(3) Supplement, not supplant.--Funds provided to an 
     eligible partnership under this part shall be used to 
     supplement, and not supplant, funds that would otherwise be 
     used for activities authorized under this part.
       ``(d) Application Requirements.--
       ``(1) In general.--Each eligible partnership desiring a 
     subgrant under this part shall submit an application to the 
     State educational agency, at such time, in such manner, and 
     accompanied by such information as the State educational 
     agency may require.
       ``(2) Contents.--Each application submitted under paragraph 
     (1) shall include--
       ``(A) the results of a comprehensive assessment of the 
     teacher quality and professional development needs, with 
     respect to the teaching and learning of environmental 
     content;
       ``(B) an explanation of how the activities to be carried 
     out by the eligible partnership are expected to improve 
     student academic achievement and strengthen the quality of 
     environmental instruction;
       ``(C) a description of how the activities to be carried out 
     by the eligible partnership--
       ``(i) will be aligned with challenging State academic 
     content standards and student academic achievement standards 
     in environmental education, to the extent such standards 
     exist, and with the State's environmental literacy plan under 
     section 5622; and
       ``(ii) will advance the teaching of interdisciplinary 
     courses that integrate the study of natural, social, and 
     economic systems and that include strong field components in 
     which students have the opportunity to directly experience 
     nature;
       ``(D) a description of how the activities to be carried out 
     by the eligible partnership will ensure that teachers are 
     trained in the use of field-based or service learning to 
     enable the teachers--
       ``(i) to use the local environment and community as a 
     resource; and
       ``(ii) to enhance student understanding of the environment 
     and academic achievement;
       ``(E) a description of--
       ``(i) how the eligible partnership will carry out the 
     authorized activities described in subsection (e); and
       ``(ii) the eligible partnership's evaluation and 
     accountability plan described in subsection (f); and
       ``(F) a description of how the eligible partnership will 
     continue the activities funded under this part after the 
     grant period has expired.
       ``(e) Authorized Activities.--An eligible partnership shall 
     use the subgrant funds provided under this part for 1 or more 
     of the following activities related to elementary schools or 
     secondary schools:
       ``(1) Creating opportunities for enhanced and ongoing 
     professional development of teachers that improves the 
     environmental subject matter knowledge of such teachers.
       ``(2) Creating opportunities for enhanced and ongoing 
     professional development of teachers that improves teachers' 
     pedagogical skills in teaching about the environment and 
     environmental issues, including in the use of--
       ``(A) interdisciplinary, research-based, and field-based 
     learning; and
       ``(B) innovative technology in the classroom.
       ``(3) Establishing and operating environmental education 
     summer workshops or institutes, including follow-up training, 
     for elementary and secondary school teachers to improve their 
     pedagogical skills and subject matter knowledge for the 
     teaching of environmental education.
       ``(4) Developing or redesigning more rigorous environmental 
     education curricula that--
       ``(A) are aligned with challenging State academic content 
     standards in environmental education, to the extent such 
     standards exist, and with the State environmental literacy 
     plan under section 5622; and
       ``(B) advance the teaching of interdisciplinary courses 
     that integrate the study of natural, social, and economic 
     systems and that include strong field components.
       ``(5) Designing programs to prepare teachers at a school to 
     provide mentoring and professional development to other 
     teachers at such school to improve teacher environmental 
     education subject matter and pedagogical skills;
       ``(6) Establishing and operating programs to bring teachers 
     into contact with working professionals in environmental 
     fields to expand such teachers' subject matter knowledge of, 
     and research in, environmental issues.
       ``(7) Creating initiatives that seek to incorporate 
     environmental education within teacher training programs or 
     accreditation standards consistent with the State 
     environmental literacy plan under section 5622.
       ``(8) Promoting outdoor environmental education activities 
     as part of the regular school curriculum and schedule in 
     order to further the knowledge and professional development 
     of teachers and help students directly experience nature.
       ``(f) Evaluation and Accountability Plan.--
       ``(1) In general.--Each eligible partnership receiving a 
     subgrant under this part shall develop an evaluation and 
     accountability plan for activities assisted under this part 
     that includes rigorous objectives that measure the impact of 
     the activities.
       ``(2) Contents.--The plan developed under paragraph (1) 
     shall include measurable objectives to increase the number of 
     teachers who participate in environmental education content-
     based professional development activities.
       ``(g) Report.--Each eligible partnership receiving a 
     subgrant under this part shall report annually, for each year 
     of the subgrant, to the State educational agency regarding 
     the eligible partnership's progress in meeting the objectives 
     described in the accountability plan of the eligible 
     partnership under subsection (f).''.

TITLE III--ENVIRONMENTAL EDUCATION GRANT PROGRAM TO HELP BUILD NATIONAL 
                                CAPACITY

     SEC. 301. ENVIRONMENTAL EDUCATION GRANT PROGRAM TO HELP BUILD 
                   NATIONAL CAPACITY.

       Part D of title V (20 U.S.C. 7201 et seq.) (as amended by 
     section 101) is further amended by adding at the end the 
     following:

          ``Subpart 23--Environmental Education Grant Program

     ``SEC. 5631. PURPOSES.

       ``The purposes of this subpart are--
       ``(1) to prepare children to understand and address major 
     environmental challenges facing the United States; and
       ``(2) to strengthen environmental education as an integral 
     part of the elementary school and secondary school 
     curriculum.

     ``SEC. 5632. GRANT PROGRAM AUTHORIZED.

       ``(a) Definition of Eligible Partnership.--In this section, 
     the term `eligible partnership' means a partnership that--
       ``(1) shall include a local educational agency; and
       ``(2) may include--
       ``(A) the teacher training department of an institution of 
     higher education;
       ``(B) the environmental department of an institution of 
     higher education;
       ``(C) another local educational agency, a public charter 
     school, a public elementary school or secondary school, or a 
     consortium of such schools;
       ``(D) a Federal, State, regional, or local environmental or 
     natural resource management agency, or park and recreation 
     department, that has demonstrated effectiveness, expertise, 
     and experience in the development of the institutional, 
     financial, intellectual, or policy resources needed to help 
     the field of environmental education become more effective 
     and widely practiced; and
       ``(E) a nonprofit organization that has demonstrated 
     effectiveness, expertise, and experience in the development 
     of the institutional, financial, intellectual, or policy 
     resources needed to help the field of environmental education 
     become more effective and widely practiced.
       ``(b) Grants Authorized.--
       ``(1) In general.--The Secretary is authorized to award 
     grants, on a competitive basis, to eligible partnerships to 
     enable the eligible partnerships to pay the Federal share of 
     the costs of activities under this subpart.
       ``(2) Duration.--Each grant under this subpart shall be for 
     a period of not less than 1 year and not more than 3 years.

     ``SEC. 5633. APPLICATIONS.

       ``Each eligible partnership desiring a grant under this 
     subpart shall submit to the Secretary an application that 
     contains--
       ``(1) a plan to initiate, expand, or improve environmental 
     education programs in order to make progress toward meeting--
       ``(A) challenging State academic content standards and 
     student academic achievement standards in environmental 
     education, to the extent such standards exist; and
       ``(B) academic standards that are aligned with the State's 
     environmental literacy plan under section 5622; and
       ``(2) an evaluation and accountability plan for activities 
     assisted under this subpart that includes rigorous objectives 
     that measure the impact of activities funded under this 
     subpart.

     ``SEC. 5634. USE OF FUNDS.

       ``Grant funds made available under this subpart shall be 
     used for 1 or more of the following:
       ``(1) Developing and implementing State curriculum 
     frameworks for environmental education that meet--

[[Page S4584]]

       ``(A) challenging State academic content standards and 
     student academic achievement standards for environmental 
     education, to the extent such standards exist; and
       ``(B) academic standards that are aligned with the State's 
     environmental literacy plan under section 5622.
       ``(2) Replicating or disseminating information about proven 
     and tested model environmental education programs that--
       ``(A) use the environment as an integrating theme or 
     content throughout the curriculum; or
       ``(B) provide integrated, interdisciplinary instruction 
     about natural, social, and economic systems along with field 
     experience that provides students with opportunities to 
     directly experience nature in ways designed to improve 
     students' overall academic performance, personal health 
     (including addressing child obesity issues), and 
     understanding of nature.
       ``(3) Developing and implementing new policy approaches to 
     advancing environmental education at the State and national 
     level.
       ``(4) Conducting studies of national significance that--
       ``(A) provide a comprehensive, systematic, and formal 
     assessment of the state of environmental education in the 
     United States;
       ``(B) evaluate the effectiveness of teaching environmental 
     education as a separate subject, and as an integrating 
     concept or theme; or
       ``(C) evaluate the effectiveness of using environmental 
     education-based field-based learning, service learning or 
     outdoor experiential learning in helping improve--
       ``(i) student academic achievement in mathematics, reading 
     or language arts, science, or other core academic subjects;
       ``(ii) student behavior;
       ``(iii) student attendance; and
       ``(iv) secondary school graduation rates.
       ``(5) Executing projects that advance widespread State and 
     local educational agency adoption and use of environmental 
     education content standards.

     ``SEC. 5635. REPORTS.

       ``(a) Eligible Partnership Report.--In order to continue 
     receiving grant funds under this subpart after the first year 
     of a multiyear grant under this subpart, the eligible 
     partnership shall submit to the Secretary an annual report 
     that--
       ``(1) describes the activities assisted under this subpart 
     that were conducted during the preceding year;
       ``(2) demonstrates that progress has been made in helping 
     schools to meet the State academic standards for 
     environmental education described in section 5634(1); and
       ``(3) describes the results of the eligible partnership's 
     evaluation and accountability plan.
       ``(b) Report to Congress.--Not later than 2 years after the 
     date of enactment of the No Child Left Inside Act of 2009 and 
     annually thereafter, the Secretary shall submit a report to 
     Congress that--
       ``(1) describes the programs assisted under this subpart;
       ``(2) documents the success of such programs in improving 
     national and State environmental education capacity; and
       ``(3) makes such recommendations as the Secretary 
     determines appropriate for the continuation and improvement 
     of the programs assisted under this subpart.

     ``SEC. 5636. ADMINISTRATIVE PROVISIONS.

       ``(a) Federal Share.--The Federal share of a grant under 
     this subpart shall not exceed--
       ``(1) 90 percent of the total costs of the activities 
     assisted under the grant for the first year for which the 
     program receives assistance under this subpart; and
       ``(2) 75 percent of such costs for each of the second and 
     third years.
       ``(b) Administrative Expenses.--Not more than 7.5 percent 
     of the grant funds made available to an eligible partnership 
     under this subpart for any fiscal year may be used for 
     administrative expenses.
       ``(c) Availability of Funds.--Amounts made available to the 
     Secretary to carry out this subpart shall remain available 
     until expended.

     ``SEC. 5637. SUPPLEMENT, NOT SUPPLANT.

       ``Funds made available under this subpart shall be used to 
     supplement, and not supplant, any other Federal, State, or 
     local funds available for environmental education 
     activities.''.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 867. A bill for the relief of Shirley Constantino Tan; to the 
Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am introducing a private 
relief bill on behalf of Shirley Constantino Tan. Ms. Tan is a Filipina 
national living in Pacifica, California. She is the loving mother of 12 
year old U.S. citizen twin boys, Jashley and Joreine, and the spouse of 
Jay Mercado, a naturalized U.S. citizen.
  I have decided to introduce a private bill on Ms. Tan's behalf 
because I believe her removal from the U.S. would cause undue hardship 
for her and her family. Without this legislation, this family will be 
separated or they will be relocated to a third country where Ms. Tan's 
safety and her children's well-being may be at risk. I believe Ms. Tan 
merits Congress' special consideration for such an extraordinary form 
of relief as a private bill.
  Before coming to the U.S., Ms. Tan experienced tragic hardship in the 
Philippines after her mother and sister were murdered by her cousin. 
Ms. Tan was only 14 years old at the time and the violent assault left 
her with a bullet wound in the head. Although the cousin who committed 
the murders was eventually prosecuted, he received a short sentence and 
his impending release from jail in 1990 compelled her to leave the 
country out of fear for her safety. Ms. Tan legally entered the U.S. on 
a visitor's visa in 1989.
  Ms. Tan faces deportation today in part because of the negligence 
demonstrated by her previous counsel. Ms. Tan applied for asylum in 
1995. After years of appeals, the attorney received a brief from the 
Board of Immigration Appeals, BIA, outlining the Government's position 
on Ms. Tan's case. The attorney, however, failed to submit a reply 
brief in her client's favor and, in May 2002, the case was dismissed 
and Ms. Tan was granted an order of voluntary departure from the U.S.
  Ms. Tan should have received notice of the voluntary removal order 
from her attorney. However, the attorney had moved offices, did not 
receive the order, and failed to inform Ms. Tan of the information. As 
a result, Ms. Tan did not depart the U.S. and the voluntary removal 
order against her became a deportation order.
  The first time that Ms. Tan received notice of the deportation order 
was on January 28, 2009, when Immigration and Customs Enforcement 
officers appeared at her home and took her into custody.
  In effect, Ms. Tan was denied the opportunity to adequately represent 
herself in U.S. immigration proceedings as a result of her attorney's 
negligence. Ms. Tan has since filed a complaint against her former 
attorney with the State Bar of California. A previous complaint has 
also been filed against the same attorney with the California Bar for 
similar misconduct.
  One of the most compelling reasons for permitting Ms. Tan to remain 
in the U.S. is the impact that her deportation would have on her two 
U.S. citizen minor children, Jashley and Joreine.
  These children are currently seventh graders at Cabrillo Elementary 
School in Pacifica, California, where they have made the honor roll. In 
letters to me from two teachers at Cabrillo Elementary, Jashley and 
Joreine were described as ``ideal'' students--``the kinds of kids that 
make my job feel easy.'' One of the teachers described their mother, 
Ms. Tan, as a highly-involved, ``model'' parent, one who ``attends 
every conference, drives on field trips and consistently checks in with 
her boys' teachers and the rest of our staff to make sure Jashley and 
Joreine continue to be successful.''
  However, if Ms. Tan is forced to leave the United States, this family 
has stated that they would follow her to the Philippines or relocate to 
a third country to avoid their separation. This means that Jashley and 
Joreine will have to cut their education short and have to leave the 
U.S.--their birthplace and the only country they know to be home.
  All too often, young U.S. citizen children like Jashley and Joreine 
are being put in this position when one or both of their parents may be 
removed from the United States. A January 2009 report by the Department 
of Homeland Security Office of Inspector General found that, over the 
last 10 years, 108,434 immigrants who were the parents of U.S. citizen 
children were removed from this country.
  A separate report completed this year by Dorsey & Whitney LLP to the 
Urban Institute affirms what many of us know--that the removal or 
deportation of a parent is deeply traumatic and causes long-lasting 
harm to U.S. citizen children. For families that have no choice but to 
leave the United States as a unit in order to stay together, this has 
life-altering consequences for U.S. citizen children. Besides the fact 
that these children lose the opportunities that come with being raised 
in the United States, these children are more prone to anxiety, 
depression, eating and sleeping disorders, post- traumatic stress 
disorder, and behavior changes.
  This is the situation facing the Tan family. While her marriage was 
legally performed under California law at the time, Ms. Tan cannot take 
steps to legally adjust her immigration status

[[Page S4585]]

through the regular family-based immigration channels.
  I do not believe that it is in our Nation's best interest to force 
this family--including two U.S. citizen minor children--to make the 
choice between being separated and relocation to a country where they 
may face serious hardships.
  The Tan family has built a stable and supportive home for themselves 
in the Pacifica, California community. Ms. Tan's spouse has worked for 
17 years at Biddle-Shaw Insurance Services, Inc., where her employer 
describes her as ``hard-working . . . trustworthy and dependable.'' 
This couple owns their own home, and over many years they were active 
members of the Good Shepherd Catholic Church. At Good Shepherd, Jay was 
a member of the School Board and Ms. Tan was a consummate volunteer. I 
received a heartfelt letter from the Pastor at Good Shepherd that 
describes Ms. Tan as a ``dedicated mother'' and attests to the family's 
spirit of volunteerism and commitment at the church.
  In fact, I have received 45 letters from friends and community 
members and 3 letters from organizations, including the Human Rights 
Campaign, Love Exiles, and Immigration Equality, in support of Ms. Tan 
remaining in the U.S. I have also been contacted by Representative 
Jackie Speier's office in support of this case. This family has also 
received substantial attention from the media in the San Francisco Bay 
Area.
  Enactment of the legislation I am introducing on behalf of Ms. Tan 
today will enable this entire family to us continue to remain in the 
U.S. and make positive contributions to their community in Pacifica, 
California.
  Mr. President, I ask unanimous consent that the text of the bill and 
letters of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 867

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

     SECTION 1. PERMANENT RESIDENT STATUS FOR SHIRLEY CONSTANTINO 
                   TAN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Shirley Constantino Tan shall be eligible for issuance 
     of an immigrant visa or for adjustment of status to that of 
     an alien lawfully admitted for permanent residence upon 
     filing an application for issuance of an immigrant visa under 
     section 204 of such Act (8 U.S.C. 1154) or for adjustment of 
     status to lawful permanent resident.
       (b) Adjustment of Status.--If Shirley Constantino Tan 
     enters the United States before the filing deadline specified 
     in subsection (c), she shall be considered to have entered 
     and remained lawfully and shall, if otherwise eligible, be 
     eligible for adjustment of status under section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255) as of the 
     date of the enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or the application for 
     adjustment of status is filed with appropriate fees within 2 
     years after the date of the enactment of this Act.
       (d) Reduction of Immigrant Visa Number.--Upon the granting 
     of an immigrant visa or permanent residence to Shirley 
     Constantino Tan, the Secretary of State shall instruct the 
     proper officer to reduce by one, during the current or next 
     following fiscal year, the total number of immigrant visas 
     that are made available to natives of the country of the 
     alien's birth under section 203(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(a)) or, if applicable, the 
     total number of immigrant visas that are made available to 
     natives of the country of the alien's birth under section 
     202(e) of such Act (8 U.S.C. 1152(e)).
                                  ____



                                              Cabrillo School,

                                      Pacifica, CA, April 2, 2009.
       To Whom It May Concern: Jaylynn Mercado and Shirley Tan are 
     model parents to their 12-year-old twin boys, Jashley and 
     Joriene. It is upsetting to hear that Shirley is being forced 
     to leave the country and be separated from her family. Due to 
     the dedication of these parents, Jashley and Joriene are 
     ideal students. They are well liked by their peers and the 
     faculty of the school. They are both exceptional students. 
     Jaylynn and Shirley are always willing to help the school out 
     in any way possible. They are committed to encouraging their 
     children to do great things. Jaylynn and Shirley have modeled 
     and taught their boys some of the finest traits of respect 
     and compassion. It is my hope that this respect and 
     compassion is returned to the Mercado Family.
       Please do what is possible to keep this family intact. They 
     are a lovely addition to our school community. Please contact 
     me if there is any more help that I can give.
           Sincerely,
     Meghann Elsbernd.
                                  ____



                                              Cabrillo School,

                                     Pacifica, CA, March 30, 2009.
       To Whom It May Concern: My name is Jared Katz and I am 
     writing this letter in support of Shirley Mercado. I teach 
     6th grade at Cabrillo Elementary in Pacifica, California and 
     last year I was fortunate to have Joriene and Jashley Mercado 
     in my class. Both boys were exceptional students. They were 
     on the honor roll, athletic, confident, and popular with 
     their peers. Joriene and Jashley are the kinds of kids that 
     make my job feel easy.
       Once I got to know their family a little bit I immediately 
     understood why the boys were so successful. Each year I see 
     sixty-four different families, from a variety of cultural and 
     economic backgrounds, and I don't think I've ever seen a 
     family as committed to each other as the Mercados. Being in a 
     room with the four of them together it's impossible to not be 
     envious of the strong bond between them and of the ease and 
     comfort in the way they relate to one another. And from our 
     first meeting it was obvious that Shirley is the center of 
     their family's strength. When you talk to them together all 
     the boys' actions revolve around her and as a member of our 
     school community she is the model parent. She attends every 
     conference, drives on field trips and consistently checks in 
     with her boys teachers and the rest of our staff to make sure 
     Joriene and Jashley continue to be successful.
       When I heard the news this morning that she may be forced 
     to leave the country and be separated from her family I was 
     very shocked and saddened. If there's anything that can be 
     done to help preserve her family I hope that it will be 
     vigorously pursued. And if there's anything I can do to help, 
     please don't hesitate to ask.
           Sincerely,
     Jared Katz.
                                  ____



                                  Church of the Good Shepherd,

                                                     Pacifica, CA.
       Dear Senator Feinstein, It is an honor for me to write this 
     letter of support for one of your constituents, Ms. Shirley 
     Tan. I am her Pastor here at Good Shepherd Catholic Church in 
     Pacifica. I have gotten to know Shirley and her partner Jay 
     Mercado as well as their twin boys Jashley and Joriene. I 
     have been closely connected with this family for the past 5 
     years. Shirley is a wonderful mother to her sons. She is 
     always available, her gentle spirit and loving heart guiding 
     all that she does as a parent. She and Jay want the best for 
     their sons. They want the boys to grow in wisdom and 
     knowledge and find their true and definite place in this 
     world. They provide a warm and welcoming home, with their 
     door open to family and neighbors (and even strangers!!) 
     Shirley and Jay were school parents here until recently, 
     when, they found a public school that better met the needs of 
     their boys. While they were here at Good Shepherd, Jay was a 
     faithful and responsible member of the School Board, and 
     Shirley was the consummate volunteer . . . always willing and 
     able to help out on campus, as a classroom aide, on special 
     school projects, as a chaperone on field trips . . . Whenever 
     there was a call for help from our Principal or from the 
     School Office, without a moment's hesitation, Shirley would 
     be one of the first to call and offer whatever assistance was 
     needed at the time.
       Jay and Shirley were also faithful members of one of our 
     Sunday Mass choirs. Coming to church every week . . . being 
     faithful members of a Christian community . . . being whole-
     hearted servants of God as ministers of music in this local 
     church . . . bringing their two boys to mass every Sunday and 
     encouraging them to become altar servers . . . Jay and 
     Shirley have for all the time I have known them been 
     wonderful Christian partners, parents, role models for their 
     two boys, and, as Scripture says, ``living stones'' helping 
     to form and to build up the Church, the Body of Christ, in 
     today's broken and violent world.
       I urge you in the strongest possible terms to do to all 
     that you can to assist Shirley and to help quickly and justly 
     resolve her current legal situation.
           Sincerely,
                                                   Piers M. Lahey,
     Pastor.

                          ____________________