[Congressional Record Volume 155, Number 157 (Tuesday, October 27, 2009)]
[Senate]
[Pages S10778-S10786]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. AKAKA:
  S. 1931. A bill to enhance the ability of Congress to oversee matters 
pertaining to nuclear nonproliferation identified in the findings and 
recommendations of the December 2008 Report of the Commission on the 
Prevention of Weapons of Mass Destruction Proliferation and Terrorism, 
and for other purposes; to the Committee on Foreign Relations.
  Mr. AKAKA. Mr. President, I rise today to introduce the Strengthening 
the Oversight of Nuclear Nonproliferation Act of 2009. This legislation 
will enhance the ability of Congress to oversee nuclear 
nonproliferation shortcomings that were identified in the Commission on 
the Prevention of Weapons of Mass Destruction, WMD, Proliferation and 
Terrorism's Commission December 2008 report.
  Just last month, President Obama chaired a session of the United 
Nations Security Council, where the Security Council unanimously 
cosponsored and adopted Resolution 1887, which seeks to ``create the 
conditions for a world

[[Page S10779]]

without nuclear weapons . . . in a way that promotes international 
stability.'' Among other actions, the Security Council called on 
Nations to minimize the use of highly enriched uranium, strengthen 
export controls on sensitive nuclear technologies, improve nuclear 
security practices and standards, strengthen efforts to counter the 
threat of nuclear terrorism, and support the International Atomic 
Energy Agency's, IAEA, ability to verify the uses of nuclear materials 
and facilities.
  The proliferation of WMD is among the greatest threats facing 
national and international security. We need to commit ourselves to 
strengthening our nuclear nonproliferation efforts and to take the 
actions supported by the United Nations Security Council and the 
Commission.
  The bill I am introducing today would require an annual report by the 
President's Coordinator for WMD Proliferation and Terrorism to address 
the Commission's findings regarding United States nuclear 
nonproliferation efforts. The report will provide an assessment of IAEA 
capabilities to detect possible military diversions of nuclear 
materials; will address actions taken to upgrade the physical security 
of civilian nuclear facilities in the United States; will identify the 
measures taken to minimize the use of weapons usable highly enriched 
uranium; will document the steps taken to implement the Energy 
Development Program under the Nuclear Non-Proliferation Act of 1978; 
will compare the security standards at civilian nuclear facilities to 
those at military facilities; and will detail what the U.S. is spending 
to promote civilian nuclear energy abroad.
  The challenges of nuclear proliferation are global in nature and 
require sustained international collaboration. This bill would further 
our international efforts by requiring an additional report on the 
progress of United States Government cooperative efforts with the 
Director General of IAEA to examine how IAEA could better meet its 
nuclear safeguard goals; promote the transparency of foreign visitors 
to safeguarded sites; acquire and implement near-real-time surveillance 
at sensitive sites; use fees to fund inspections; and require advance 
notice and analysis of transfers of dual-use nuclear technologies.
  I have long been a proponent of improving our nonproliferation 
efforts. Last month, I introduced the Energy Development Program 
Implementation Act, S. 1675, to support non-nuclear, alternative energy 
development in developing countries. In addition to this, I called for 
the Government Accountability Office to examine proliferation risks in 
IAEA's Technical Cooperation Program and chaired numerous hearings on 
improving our Nation's nonproliferation capabilities. We should 
remember that nuclear technology that can be used for peaceful uses may 
in some cases be used to support dangerous, clandestine programs.
  I believe that promoting greater international cooperation toward 
nonproliferation is crucial. This bill would make the U.S. an even 
stronger partner in these efforts and enhance the ability of Congress 
to help tackle the dangers of nuclear proliferation.
  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. 1931

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Strengthening the Oversight 
     of Nuclear Nonproliferation Act of 2009''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, the Committee on 
     Armed Services, the Select Committee on Intelligence, and the 
     Committee on Energy and Natural Resources of the Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Oversight and Government Reform, the Committee on Armed 
     Services, the Permanent Select Committee on Intelligence, and 
     the Committee on Energy and Commerce of the House of 
     Representatives.
       (2) Commission.--The term ``Commission'' means the 
     Commission on the Prevention of Weapons of Mass Destruction 
     Proliferation and Terrorism established by section 1851 of 
     the Implementing Recommendation of the 9/11 Commission Act of 
     2007 (Public Law 110-53; 121 Stat. 501).
       (3) Coordinator.--The term ``Coordinator'' means the 
     President's Coordinator for the Prevention of Weapons of Mass 
     Destruction Proliferation and Terrorism established by 
     section 1841(b)(1) of the Implementing Recommendations of the 
     9/11 Commission Act of 2007 (50 U.S.C. 2931(b)(1)).
       (4) Deputy coordinator.--The term ``Deputy Coordinator'' 
     means the Deputy United States Coordinator for the Prevention 
     of Weapons of Mass Destruction Proliferation and Terrorism 
     established under section 1841(b)(2) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     2931(b)(2)).
       (5) Highly enriched uranium.--The term ``highly enriched 
     uranium'' means uranium that contains at least 20 percent of 
     the uranium isotope 235.
       (6) IAEA.--The term ``IAEA'' means the International Atomic 
     Energy Agency.
       (7) Special nuclear material.--The term ``special nuclear 
     material'' has the meaning given the term in section 11(aa) 
     of the Atomic Energy Act of 1954 (42 U.S.C. 2014(aa)).

     SEC. 3. REPORT ON UNITED STATES NUCLEAR NONPROLIFERATION 
                   EFFORTS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Coordinator shall submit to the appropriate congressional 
     committees an unclassified report, with classified annexes as 
     necessary, on the findings and recommendations of the 
     Commission described in subsection (b).
       (b) Content.--The report required under subsection (a) 
     shall include the following:
       (1) A description of the financial incentives the United 
     States Government used during the previous year to promote 
     civilian nuclear energy abroad, including the types, amounts, 
     and recipients of such financial incentives.
       (2) A description of the actions the United States 
     Government has taken for improving the secure civilian 
     storage of, and minimizing the use and export of, weapons 
     useable highly enriched uranium during the previous year, and 
     the amount the United States Government spends annually to 
     fuel United States civilian reactors that use highly enriched 
     uranium.
       (3) A description of the actions that have been taken by 
     the United States Government to implement title V of the 
     Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 et 
     seq.) during the previous year and any obstacles pertaining 
     to its implementation with recommended actions.
       (4)(A) A description of the steps the United States 
     Government has taken during the previous year to upgrade the 
     physical security of civilian nuclear facilities in the 
     United States that store or handle special nuclear material.
       (B) A comparison of the current physical security standards 
     used at civilian nuclear facilities in the United States that 
     store or handle special nuclear material to those standards 
     used by the United States Armed Forces to secure such 
     materials.
       (5) A United States Government assessment of the 
     capabilities of the IAEA, completed in consultation with all 
     relevant United States Government agencies, including the 
     Office of the Director of National Intelligence, including--
       (A) the ability of IAEA to meet its own timely detection 
     inspection goals;
       (B) the ability of IAEA to afford timely detection of 
     possible military diversions and whether or not the IAEA has 
     met its own timely detection inspection goals; and
       (C) recommendations for whether and how the IAEA should 
     update its definitions of how much special nuclear material 
     is needed to create a nuclear bomb and how long it takes to 
     convert such special nuclear material into nuclear bombs.
       (c) Absence of the Coordinator and the Deputy 
     Coordinator.--The President shall submit the report required 
     under this section if neither the Coordinator nor the Deputy 
     Coordinator have been appointed pursuant to section 
     1841(b)(3) of the Implementing Recommendation of the 9/11 
     Commission Act of 2007 (50 U.S.C. 2931(b)(3)).

     SEC. 4. REPORT ON UNITED STATES WORK WITH IAEA ON NUCLEAR 
                   NONPROLIFERATION.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Coordinator shall submit to 
     the appropriate congressional committees an unclassified 
     report, with classified annexes as necessary, on the findings 
     and recommendations of the Commission under subsection (b).
       (b) Content.--The report required under subsection (a) 
     shall include details about the progress of the work of the 
     United States Government with the IAEA Director General to--
       (1) establish a safeguards user fee, whereby countries with 
     inspected facilities would be assessed a fee to help cover 
     the costs of IAEA inspections;
       (2) assess whether the IAEA can meet its own inspection 
     goals, whether those goals afford timely detection to account 
     for a bomb's worth of special nuclear material, whether there 
     are situations in which achieving those goals is not 
     possible, and what corrective actions, if any, might help the 
     IAEA to achieve its inspection goals;
       (3) promote transparency at suspect sites and to encourage 
     IAEA member states to maintain a registry, made available to 
     other

[[Page S10780]]

     IAEA members upon request, of all foreign visitors at 
     safeguarded sites;
       (4) provide for the acquisition and implementation of near-
     real-time surveillance equipment in the use of safeguards, 
     including at sites where nuclear fuel rods are located; and
       (5) require that the transfer of all items on the Nuclear 
     Suppliers Group dual-use and trigger lists be reported to the 
     IAEA in advance and develop a system to process and analyze 
     the information.
       (c) Absence of the Coordinator and the Deputy 
     Coordinator.--The President shall submit the report required 
     under this section if neither the Coordinator nor the Deputy 
     Coordinator have been appointed pursuant to section 
     1841(b)(3) of the Implementing Recommendation of the 9/11 
     Commission Act of 2007 (50 U.S.C. 2931(b)(3)).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the reporting requirements under 
     sections 3 and 4 for fiscal year 2010 and each subsequent 
     year thereafter.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Bennet):
  S. 1932. A bill to amend the Elementary and Secondary Education Act 
of 1965 to allow members of the Armed Forces who served on active duty 
on or after September 11, 2001, to be eligible to participate in the 
Troops-to-Teachers Program, and for other purposes; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. McCAIN. Mr. President, today I am pleased to be joined by Senator 
Michael Bennet in introducing the Post-9/11 Troops to Teachers 
Enhancement Act. This legislation would allow more veterans and school 
districts to participate in the Troops to Teachers program. In addition 
to expanding the program, the proposed bill would create an advisory 
board that would be charged with improving awareness and participation 
of the program, ensuring that the program meets the needs of our 
schools and veterans. I hope that my colleagues in the Senate will also 
support this important piece of legislation.
  In 1994, Congress authorized the Department of Defense, DOD, to 
oversee a new national program, Troops to Teachers, which was designed 
as a Transition assistance program for retiring or separating members 
of the military to obtain their teaching credentials and place these 
teachers in schools throughout the country. The program was 
reauthorized by Congress in 1999. That reauthorization transferred 
responsibility for oversight and funding from the DOD to the Department 
of Education and authorized $10,000 bonuses to participants who agreed 
to teach in ``high-need'' schools. Troops to Teachers was later 
incorporated and reauthorized under the No Child Left Behind Act of 
2001. Since its inception, over 11,000 teachers have been hired by 
school districts across the Nation, of which many are nontraditional 
first-time teachers.
  Teaching is among the most honorable professions in our society. I 
believe we should encourage military veterans to enter the teaching 
profession and that this bipartisan bill would further enhance the 
Troops-to-Teachers program. Simply put, the proposed legislation would 
reduce the years of military service requirements from 6 to 4, extend 
the eligibility to all schools that receive Title I funds, and create 
an advisory board that would coordinate and make recommendations to 
Congress in regards to the program.
  Current eligibility guidelines for the Troops to Teachers require 
that members of the military have 6 years of service and that members 
of the guard and reserve have 10 years of service with a commitment to 
serve an additional 3 years. The requirement of 6 years active duty is 
leaving many single enlistment contract 4 year veterans and/or Guard 
members out of consideration. Lowering the required years of service 
would expand eligibility and create a larger pool of potential teachers 
for this program.
  Under the current Troops to Teachers program, participants who agree 
to teach for 3 years in a ``high need'' schools are eligible to receive 
a $5000 stipend to offset the cost of teacher certification. The 
proposed legislation would extend the eligibility for the stipend to 
any eligible teacher who agrees to teach 3 years in a school that is in 
a district receiving Title I funds. The proposed bill would retain the 
optional bonus of $10,000 which is available to individuals who take 
jobs in low-income schools. This legislation would result in a 49 
percent in the number of eligible schools for the program. For my home 
State of Arizona, over 600 additional schools would become eligible to 
participate in the program.
  A recent GAO Report revealed that although Troops to Teachers is a 
successful program, it suffers from a lack of coordination and 
oversight. To remedy this concern, the proposed legislation would 
create an advisory board that consists of a representative from the 
Department of Defense, the Department of Education, and representatives 
from state offices and veteran's service organizations to make 
recommendations on ways to improve and expand the program.
  Our veterans make excellent candidates to impart the virtues of 
serving to a cause to the next generation and instill the value of 
learning as a means to self-improvement and much nobler ends. Their 
unique experiences bring a more diverse teaching environment to our 
children and grandchildren.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Mr. Baucus, Mr. Whitehouse, and Mr. 
        Udall of New Mexico):
  S. 1933. A bill to establish an integrated Federal program that 
protects, restores, and conserves natural resources by responding to 
the threats and effects of climate change, and for other purposes; to 
the Committee on Environment and Public Works.
  Mr. BINGAMAN. Mr. President, today I am introducing the Natural 
Resources Climate Adaptation Act. I am pleased that Senators 
Whitehouse, Baucus, and Tom Udall have joined me as original 
cosponsors.
  The science is clear that climate change is happening and numerous 
scientific reports as well as the everyday experience of many 
Americans--demonstrate that the impacts have already begun to affect 
ecosystems across the country. This bill recognizes that quick action 
is needed to insure the long-term viability of ecosystems on which our 
communities as well as our fish and wildlife depend. It will support 
and enable Federal and State agencies and other interested parties to 
address the negative impacts of climate change on our natural resources 
in the most effective possible ways.
  We know that healthy, functioning ecosystems are vital to human 
health, economic viability, and fish and wildlife populations. I 
believe that we are at a critical juncture in protecting our valuable 
natural resources. In solving the climate change problem we must ensure 
the well-being of our natural world if we are to have a thriving 
economy and a healthy environment. This is the reason I am introducing 
this bill.
  This is not a problem that is hypothetical. Climate change impacts 
are irrevocably affecting our natural world and the health of our 
communities today, and these impacts will increase. We must act now.
  We often forget that healthy ecosystems are essential to human as 
well as wildlife needs. They are necessary to provide us, for example, 
with a clean and abundant drinking water supply, clean air to breathe, 
and a well-functioning economy in addition to habitat for a diversity 
of fish, wildlife, and plant species. Not to mention a place to take 
our children fishing, and to enjoy the personal inspiration of the 
natural world.
  My home State of New Mexico is a dry State and the challenges 
associated with climate change are already impacting our land and our 
water supplies. There are already many competing demands for our 
limited water resources which will only be heightened by the effects of 
climate change. Existing threats to our public lands such as wildfires 
and deforestation may become more prevalent. New Mexico's Bandelier 
National Park has recently been identified as one of the ``25 National 
Parks in Peril'' due to climate change related impacts and other 
treasures within our State may also be in jeopardy of degradation if 
actions are not taken to protect them.
  Our landowners, ranchers, water managers, and State officials are 
working to evaluate and mitigate the current and expected impacts of a 
warming climate on our State's natural resources and water supply. For 
instance, in 2005 the New Mexico Climate Change Council and Advisory 
Group prepared a report summarizing the potential impacts of climate 
change in New Mexico

[[Page S10781]]

and the State Engineer's office prepared an additional report on the 
impacts of climate change on the water supply and water management 
strategies. These reports are being used to guide State officials in 
addressing these issues. In addition, New Mexico has joined other 
western States to form the Western Regional Climate Initiative to 
coordinate efforts at reducing greenhouse gases.
  The legislation introduced today seeks to complement existing natural 
resources-related programs in New Mexico and other States across the 
country. This legislation supports and facilitates the development and 
dissemination of scientific research on climate change between Federal 
agencies, States, Indian tribes and interested stakeholders. This 
ongoing research will in turn play a significant role in guiding these 
entities in the management of our natural resources.
  This bill also establishes several forums to encourage effective 
coordination and communication in creating a Federal strategy and 
subsequent Federal and State adaptation plans that will help natural 
resources adjust to a changing climate. Finally, the Act provides 
additional funding for existing Federal and State wildlife conservation 
programs to be used exclusively for adaptation-related activities.
  The Natural Resources Climate Adaptation Act follows on the good work 
of several of my colleagues in both the House and the Senate. Chairman 
Rahall and Subcommittee Chairman Grijalva have developed legislation in 
this area, and their own adaptation bill, H.R. 2192, was incorporated 
into the broader cap-and-trade legislation that passed the House of 
Representatives earlier this year.
  Senators Kerry and Boxer have adopted provisions similar to this bill 
in their climate legislation at the request of two leaders on the 
Environment and Public Works Committee: Senators Baucus and Whitehouse. 
The legislation I am introducing today is complementary to the work 
that has already been done. My cosponsors and I share the same goal of 
making sure natural resources adaptation is included in any climate 
change legislation that comes before the Senate.
  Many Americans already recognize the critical need for this 
legislation. A coalition of over 600 diverse groups has written to 
Congress describing the current and potential negative impacts of 
climate change on our natural resources and urging us to include 
language in any climate bill to address those impacts. By way of 
example, the groups in this coalition include environmental 
organizations, local Rod & Gun Clubs, fisheries coalitions, scientific 
research groups, and religious groups.
  If we fail to act to address the impacts of climate change on our 
American landscape, the negative effects will be felt by all of us. I 
am committed to working through this legislation and other means to 
ensure that we do what is necessary to protect our precious natural 
resources from one of the greatest challenges ever faced.
  I would like to thank Senators Baucus, Whitehouse, and Tom Udall for 
their leadership on this issue and their cosponsorship of this bill. I 
look forward to working with them and our colleagues to pass 
legislation to carry out this important purpose.
  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. 1933

       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 ``Natural Resources Climate 
     Adaptation Act''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to integrate Federal agency activities to respond to 
     ongoing and expected impacts of climate change (including, if 
     applicable, ocean acidification, drought, invasive species, 
     flooding, and wildfire) by protecting, restoring, and 
     conserving the natural resources and associated ecosystem 
     services of the United States; and
       (2) to provide financial support and incentives for 
     authorized programs, strategies, and activities to protect, 
     restore, and conserve natural resources and associated 
     ecosystem services in response to threats and effects of 
     climate change.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Board.--The term ``Board'' means the Natural Resources 
     Adaptation Science Advisory Board established by section 
     4(e)(1).
       (2) Coastal state.--The term ``coastal State'' has the 
     meaning given the term ``coastal state'' in section 304 of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
       (3) Corridors.--The term ``corridors'' means areas that--
       (A) provide connectivity, over different time scales, of 
     habitats or potential habitats; and
       (B) facilitate terrestrial, marine, estuarine, and 
     freshwater fish, wildlife, or plant movement necessary for 
     migration, gene flow, or dispersal, to respond to the ongoing 
     and expected impacts of climate change.
       (4) Ecosystem services.--
       (A) In general.--The term ``ecosystem services'' means the 
     provision, by a healthy ecosystem, of natural resources to 
     improve human health and livelihood.
       (B) Inclusions.--The term ``ecosystem services'' includes--
       (i) a clean and abundant water supply;
       (ii) carbon storage;
       (iii) biodiversity;
       (iv) pollination services;
       (v) wildlife habitat;
       (vi) recreation; and
       (vii) a scenic or historic landscape.
       (5) Habitat.--The term ``habitat'' means the physical, 
     chemical, and biological properties that fish, wildlife, or 
     plants use for growth, reproduction, survival, food, water, 
     or cover.
       (6) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (7) Natural resources.--The term ``natural resources'' 
     means land, wildlife, fish, air, water, estuaries, plants, 
     habitats, and ecosystems.
       (8) Natural resources adaptation.--The term ``natural 
     resources adaptation'' means the protection, restoration, and 
     conservation of natural resources so that natural resources 
     become more resilient, adapt to, and withstand the ongoing 
     and expected impacts of climate change.
       (9) Panel.--The term ``Panel'' means the Natural Resources 
     Climate Change Adaptation Panel established under section 
     5(a).
       (10) Plan.--The term ``plan'' means a natural resources 
     adaptation plan completed under section 7(a)(1).
       (11) Program.--The term ``program'' means the National Fish 
     and Wildlife Habitat and Corridors Information Program 
     established by the Secretary under section 4(d)(1).
       (12) Resilience; resilient.--The terms ``resilience'' and 
     ``resilient'' mean--
       (A) the ability to resist or recover from disturbance; and
       (B) the ability to preserve diversity, productivity, and 
     sustainability.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) State.--The term ``State'' means--
       (A) a State of the United States;
       (B) the District of Columbia;
       (C) American Samoa;
       (D) Guam;
       (E) the Commonwealth of the Northern Mariana Islands;
       (F) the Commonwealth of Puerto Rico; and
       (G) the United States Virgin Islands.
       (15) State plan.--The term ``State plan'' means a State 
     natural resources adaptation plan prepared by a State under 
     section 8(a).
       (16) Strategy.--The term ``Strategy'' means the Natural 
     Resources Climate Change Adaptation Strategy developed under 
     section 6(a).

     SEC. 4. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION.

       (a) Coordination.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary and the Secretary of 
     Commerce (acting through the National Oceanic and Atmospheric 
     Administration) (referred to in this section as the 
     ``Secretaries''), working with all other relevant Federal 
     agencies, shall establish procedures for coordinating among 
     Federal agencies the development and dissemination of science 
     and information necessary to address the ongoing and expected 
     impacts of climate change on natural resources.
       (b) Development and Dissemination of Science.--The 
     Secretaries shall--
       (1) conduct and sponsor research, and facilitate the 
     coordination of research among Federal agencies, to develop 
     scientific strategies and mechanisms for natural resources 
     adaptation;
       (2) make available to Federal agencies, and other 
     interested governmental or private entities, technical 
     assistance to address the ongoing and expected impacts of 
     climate change on natural resources; and
       (3) assist Federal agencies in the development of natural 
     resources adaptation plans required by section 7.
       (c) Survey.--Not later than 1 year after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretaries and the Secretary of Agriculture shall issue a 
     climate change impact survey, in coordination with other 
     relevant Federal agencies, that--
       (1) identifies natural resources considered likely to be 
     adversely affected by climate change;
       (2) includes baseline monitoring and ongoing trend 
     analysis; and
       (3) in consultation with States and Indian tribes and with 
     input from stakeholders,

[[Page S10782]]

     identifies and prioritizes necessary monitoring and research 
     that is most relevant to the needs of Federal natural 
     resource managers to address the ongoing and expected impacts 
     of climate change and natural resources adaptation.
       (d) Wildlife Habitat and Corridors Information.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in cooperation with the 
     States, Indian tribes, and other Federal land managers, shall 
     establish a program to be known as the ``National Fish and 
     Wildlife Habitat and Corridors Information Program''.
       (2) Purposes.--The purposes of the program are--
       (A) to develop with States and Indian tribes a 
     comprehensive national geographic information system database 
     of maps, models, data, surveys, informational products, and 
     other geospatial information regarding fish and wildlife 
     habitat and corridors that--
       (i) is based on consistent protocols;
       (ii) takes into account regional differences; and
       (iii) uses available geographical information system 
     databases and other tools, including the National Biological 
     Information Infrastructure maintained by the Secretary and 
     nongovernmental organizations; and
       (B) to facilitate the use of the database described in 
     subparagraph (A) by Federal, State, local, and tribal 
     decisionmakers to incorporate qualitative information on fish 
     and wildlife habitats and corridors at the earliest 
     practicable stage for use in--
       (i) prioritizing and targeting natural resources adaptation 
     strategies and activities, including strategies and 
     activities that enhance the ability of species to respond to 
     shifting habitat; and
       (ii) avoiding, minimizing, and mitigating the impacts on 
     fish and wildlife habitat and corridors when locating energy 
     development, water, transmission, transportation, and other 
     land use projects;
       (3) Financial and other support.--The Secretary may provide 
     support to the States and Indian tribes, including financial 
     and technical assistance, for activities that support the 
     development and implementation of the program.
       (4) Consultation.--In consultation with States and Indian 
     tribes, the Secretary shall make recommendations on the 
     manner by which the information collected and managed under 
     the program may be incorporated into relevant Federal and 
     State plans that affect fish and wildlife, including--
       (A) land management plans;
       (B) State comprehensive wildlife conservation strategies; 
     and
       (C) applicable conservation plans of Indian tribes.
       (e) Natural Resources Adaptation Science Advisory Board.--
       (1) Establishment.--The Secretaries and the Secretary of 
     Agriculture shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, establish and appoint the members of a Natural 
     Resources Adaptation Science Advisory Board; and
       (B) on an ongoing basis, coordinate the activities of the 
     Board.
       (2) Membership.--The Board shall be composed of not fewer 
     than 10 and not more than 20 members--
       (A) who have expertise in fish, wildlife, plant, aquatic, 
     coastal and marine biology, ecology, hydrology, climate 
     change effects, or other relevant scientific disciplines;
       (B) who represent a balanced membership among Federal, 
     State, tribal, and local representatives, and diverse 
     interests, including institutions of higher education and 
     relevant nongovernmental organizations and conservation 
     organizations; and
       (C) at least \1/2\ of whom are recommended by the President 
     of the National Academy of Sciences.
       (3) Duties.--The Board shall--
       (A) advise all relevant Federal agencies on the state of 
     the science regarding--
       (i) the ongoing and expected impacts of climate change; and
       (ii) scientific strategies and mechanisms for natural 
     resources adaptation; and
       (B) identify and recommend priorities for ongoing research 
     needs on the issues described in subparagraph (A).
       (4) Availability to the public.--The advice and 
     recommendations of the Board shall be made available to the 
     public.
       (f) National Climate Change and Wildlife Science Center.--
       (1) Establishment.--The Secretary shall establish the 
     National Climate Change and Wildlife Center within the United 
     States Geological Survey.
       (2) Functions.--In collaboration with Federal and State 
     natural resources agencies and departments, Indian tribes, 
     institutions of higher education, and other partner 
     organizations, the Center shall--
       (A) assess and synthesize current physical and biological 
     knowledge relating to the impacts of climate change on fish, 
     wildlife, plants, and associated habitat;
       (B) prioritize scientific gaps in the knowledge in order to 
     forecast the ecological impacts of climate change on fish, 
     wildlife, and plants at the ecosystem, habitat, community, 
     population, and species levels;
       (C) develop and improve tools to forecast, adaptively 
     manage, and monitor the impacts of climate change on fish, 
     wildlife, plants, and associated habitats, including 
     predictive models, and risk assessments; and
       (D) develop capacities for synthesizing data and for 
     sharing standardized data and methodology.

     SEC. 5. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the President shall establish a 
     Natural Resources Climate Change Adaptation Panel.
       (b) Duties.--The Panel shall--
       (1) develop the Strategy; and
       (2) serve as a forum for interagency consultation on the 
     implementation of the Strategy.
       (c) Membership.--The Panel shall be composed of--
       (1) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (2) the Chief of the Forest Service;
       (3) the Director of the National Park Service;
       (4) the Director of the United States Fish and Wildlife 
     Service;
       (5) the Director of the Bureau of Land Management;
       (6) the Director of the United States Geological Survey;
       (7) the Commissioner of Reclamation;
       (8) the Director of the Bureau of Indian Affairs;
       (9) the Director of the Minerals Management Service;
       (10) the Administrator of the Environmental Protection 
     Agency;
       (11) the Administrator of the Federal Emergency Management 
     Agency;
       (12) the Chief of Engineers; and
       (13) the heads of other Federal agencies, as determined by 
     the President.
       (d) Chairperson.--The Chair of the Council on Environmental 
     Quality shall serve as the Chairperson of the Panel.

     SEC. 6. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION STRATEGY.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Panel shall develop a Natural 
     Resources Climate Change Adaptation Strategy.
       (b) Development.--In developing and revising the Strategy, 
     the Panel shall--
       (1) base the strategy on the best available science;
       (2) develop the strategy in close cooperation with States 
     and Indian tribes;
       (3) coordinate with other Federal agencies, as appropriate;
       (4) consult with local governments, conservation 
     organizations, scientists, private sector interests, and 
     other interested stakeholders; and
       (5) provide public notice and opportunity for comment.
       (c) Contents.--The Strategy shall--
       (1) assess the vulnerability of regions and types of 
     natural resources to climate change, including short-term, 
     medium-term, long-term, and cumulative impacts;
       (2) describe current research and monitoring activities at 
     the Federal, State, tribal, and local level related to--
       (A) the ongoing and expected impacts of climate change on 
     natural resources; and
       (B) scientific strategies and mechanisms for natural 
     resources adaptation;
       (3) identify and prioritize research and data needs; and
       (4) provide direction to Federal agencies, and make 
     guidance available to States, Indian tribes, local 
     governments, and other interested parties for use in 
     responding to the impacts of climate change, including--
       (A) actions that Federal agencies should implement through 
     their natural resources adaptation plans and recommendations 
     for actions that States, Indian tribes, local governments, 
     and other interested parties may implement to promote natural 
     resources adaptation; and
       (B) a timeline for implementation of the Strategy; and
       (5) describe specific mechanisms for ensuring communication 
     and coordination--
       (A) among Federal agencies; and
       (B) between Federal agencies and State natural resource 
     agencies, Indian tribes, interested private landowners, 
     conservation organizations, and other countries that share 
     jurisdiction over natural resources with the United States.
       (d) Revision.--After the Panel adopts the initial Strategy, 
     the Panel shall review and revise the Strategy every 5 years 
     to incorporate--
       (1) new information regarding the ongoing and expected 
     impacts of climate change on natural resources; and
       (2) new advances in the development of strategies and 
     mechanisms for natural resources adaptation.

     SEC. 7. FEDERAL AGENCY NATURAL RESOURCES ADAPTATION PLANS.

       (a) Development.--Not later than 1 year after the date of 
     development of the Strategy, each Federal agency with 
     representation on the Panel shall--
       (1) complete a natural resources adaptation plan for that 
     Federal agency;
       (2) provide opportunities for public review and comment on 
     the plan;
       (3) coordinate with the plan of each other Federal agency 
     with representation on the Panel; and
       (4) submit the plan to the President for review and 
     submission to Congress.
       (b) Requirements.--Each plan shall--
       (1) implement the Strategy;
       (2) include a timeline for implementation of the plan;
       (3) describe and prioritize proposed natural resources 
     adaptation actions for natural resources managed or impacted 
     by activities authorized by the Federal agency;
       (4) describe how the Federal agency will modify or 
     establish other plans, programs,

[[Page S10783]]

     activities, or actions in accordance with applicable 
     authority, if necessary, to implement the plan;
       (5) provide for the inclusion of climate change and impact 
     data in natural resources management decisions;
       (6) establish monitoring protocols--
       (A) to assess the effectiveness of the natural resources 
     adaptation actions taken by the Federal agency pursuant to 
     the plan; and
       (B) to update those actions to respond to monitoring 
     results, other new information, and changing conditions;
       (7) establish a process for providing written guidance to 
     Federal natural resource managers for implementing the 
     natural resources adaptation actions identified in the plan;
       (8) identify and assess gaps in data and information useful 
     in developing the plan; and
       (9) establish protocols to collect, integrate, and share 
     standardized climate change and impact data with Federal, 
     State, tribal, and nongovernmental organizations, private 
     landowner partners, and the general public.
       (c) Presidential Review and Submission to Congress.--
       (1) Review.--Not later than 30 days after the date of 
     submission of a plan to the President, the President shall--
       (A) review the plan for consistency with the requirements 
     of this Act; and
       (B) if consistent, submit the plan to Congress in 
     accordance with this subsection, together with a statement 
     confirming the consistency of the plan with this Act.
       (2) Inconsistency.--If the President finds a plan of a 
     Federal agency to be inconsistent with this Act, the 
     President shall direct the agency to submit a revised plan 
     not later than 60 days after the finding.
       (3) Submission to congress.--The President shall submit 
     plans determined to be consistent with this Act to--
       (A) the Committee on Natural Resources of the House of 
     Representatives;
       (B) the Committee on Energy and Natural Resources of the 
     Senate;
       (C) the Committee on Environment and Public Works of the 
     Senate; and
       (D) any other committees of the House of Representatives or 
     the Senate with principal jurisdiction over the Federal 
     agency.
       (d) Implementation.--On submission by the President to 
     Congress, each Federal agency shall, pursuant to and 
     consistent with applicable authority, implement the plan.
       (e) Revision and Review.--Not less than every 5 years, each 
     Federal agency with representation on the Panel shall review 
     and revise the plan of the Federal agency to incorporate the 
     best available science regarding--
       (1) the ongoing and expected impacts of climate change on 
     natural resources; and
       (2) the scientific strategies and mechanisms for natural 
     resources adaptation.

     SEC. 8. STATE NATURAL RESOURCES ADAPTATION PLANS.

       (a) Requirement.--In order to be eligible for funds under 
     section 9, not later than 1 year after the development of the 
     Strategy, each State shall prepare a State natural resources 
     adaptation plan to address the ongoing and expected impacts 
     of climate change on natural resources within the State.
       (b) Contents.--A State plan shall--
       (1) include actions for addressing the ongoing and expected 
     impacts of climate change on natural resources that--
       (A) describe and prioritize proposed natural resources 
     adaptation actions for natural resources managed or impacted 
     by activities authorized by the State;
       (B) include a time frame for implementing the natural 
     resources adaptation actions;
       (C) are incorporated into a revision of the State wildlife 
     action plan (also known as the State comprehensive wildlife 
     strategy) that has been--
       (i) submitted to the United States Fish and Wildlife 
     Service; and
       (ii) approved, or is pending approval, by the United States 
     Fish and Wildlife Service; and
       (D) are developed--
       (i) with the participation of the relevant State agencies 
     considered appropriate by the Governor of the State; and
       (ii) in coordination with other States and Indian tribes 
     that share jurisdiction or cooperative management 
     responsibilities over natural resources with the State; and
       (2) identify and assess gaps in data useful in developing 
     the State plan.
       (c) Review and Approval.--
       (1) In general.--The Secretary and, in the case of parts of 
     the State plan relating to a coastal State, the Secretary of 
     Commerce shall review each State plan, and approve the State 
     plan if the State plan--
       (A) meets the requirements of subsection (b); and
       (B) is consistent with the other requirements of this Act.
       (2) Deadline.--The Secretary and, as applicable, the 
     Secretary of Commerce shall approve or disapprove the State 
     plan by written notice not later than 180 days after the date 
     of submission of the State plan (or a revised State plan).
       (3) Resubmission.--Not later than 90 days after the date of 
     resubmission of a State plan that has been disapproved under 
     this subsection, the Secretary and, as applicable, the 
     Secretary of Commerce, shall approve or disapprove the 
     resubmitted State plan by written notice.
       (d) Public Input.--In developing the State plan, a State 
     shall solicit and consider the input of local governments, 
     the public, and independent scientific input.
       (e) Coordination With Other Plans.--The State plan shall, 
     if appropriate, integrate the goals and measures set forth in 
     other natural resources conservation strategies established 
     pursuant to applicable law (including regulations), 
     including--
       (1) the National Fish Habitat Action Plan;
       (2) plans under the North American Wetlands Conservation 
     Act (16 U.S.C. 4401 et seq.);
       (3) the Federal, State, and local partnership known as 
     ``Partners in Flight'';
       (4) federally approved coastal zone management plans under 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
     seq.);
       (5) federally approved regional fishery management plants 
     and habitat conservation activities under the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.);
       (6) the National Coral Reef Action Plan;
       (7) recovery plans for threatened species and endangered 
     species under section 4(f) of the Endangered Species Act of 
     1973 (16 U.S.C. 1533(f));
       (8) habitat conservation plans under section 10 of that Act 
     (16 U.S.C. 1539);
       (9) the plans for imperiled species of other Federal 
     agencies, States, and Indian tribes;
       (10) plans under subtitle F of title IX of the Omnibus 
     Public Land Management Act of 2009 (42 U.S.C. 10361 et seq.) 
     and other applicable law;
       (11) the hazard mitigation plans of States and Indian 
     tribes;
       (12) the water management plans of States and Indian 
     tribes;
       (13) State property insurance programs; and
       (14) other State-based strategies that implement natural 
     resources adaptation activities to remediate the ongoing and 
     expected effects of climate change.
       (f) Updating.--Each State plan shall be updated at least 
     every 5 years.
       (g) Funding.--
       (1) In general.--Funds allocated to States under section 9 
     shall be used only for activities consistent with a State 
     plan approved by the Secretary and, as appropriate, the 
     Secretary of Commerce.
       (2) Funding prior to the approval of a state plan.--Until 
     the earlier of the date that is 3 years after the date of the 
     enactment of this Act or the date on which a State plan is 
     approved, a State shall be eligible to receive funding under 
     section 9 for natural resources adaptation activities that 
     are--
       (A) consistent with the comprehensive wildlife strategy of 
     the State and, where appropriate, other natural resources 
     conservation strategies; and
       (B) in accordance with a work plan made available to 
     relevant Federal agencies.
       (3) Pending approval.--During the period for which approval 
     of a State plan by the applicable Secretary is pending, the 
     State may continue to receive funds under this Act pursuant 
     to the work plan described in paragraph (2)(B).

     SEC. 9. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury a separate account, to be known as the ``Natural 
     Resources Climate Change Adaptation Fund'' (referred to in 
     this section as the ``Fund'').
       (b) Availability of Amounts.--
       (1) In general.--All amounts deposited into the Fund shall 
     be available without further appropriation or fiscal year 
     limitation.
       (2) Payments.--Subject to the requirements of programs 
     authorized as of the date of enactment of this Act, the 
     Secretary and the Secretary of Agriculture may distribute 
     payments from the Fund in accordance with subsection (c).
       (c) Distribution of Amounts.--
       (1) States.--Of the amounts made available for each fiscal 
     year to carry out this Act, 38.5 percent shall be provided to 
     the Secretary for distribution to States to carry out natural 
     resources adaptation activities in accordance with natural 
     resources adaptation plans approved under section 8, and 
     shall be distributed as follows:
       (A) 32.5 percent shall be available to State wildlife 
     agencies in accordance with the apportionment formula 
     established under the second subsection (c) (relating to the 
     apportionment of the Wildlife Conservation and Restoration 
     Account) of section 4 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669c); and
       (B) 6 percent shall be available to State coastal agencies 
     pursuant to the formula established by the Secretary of 
     Commerce under section 306(c) of the Coastal Management Act 
     of 1972 (16 U.S.C. 1455(c)).
       (2) Natural resources adaptation.--Of the amounts made 
     available for each fiscal year to carry out this Act--
       (A) 17 percent shall be allocated to the Secretary for use 
     in funding--
       (i) natural resources adaptation activities carried out--

       (I) under endangered species, migratory species, and other 
     fish and wildlife programs administered by the National Park 
     Service, the United States Fish and Wildlife Service, the 
     Bureau of Indian Affairs, and the Bureau of Land Management;
       (II) on wildlife refuges, National Park Service land, and 
     other public land under the jurisdiction of the United States 
     Fish and Wildlife Service, the Bureau of Land Management, the 
     Bureau of Indian Affairs, or the National Park Service;
       (III) by the Bureau of Reclamation;

[[Page S10784]]

       (IV) by the United States Geological Survey; and
       (V) in Indian Country or on Native village or Regional 
     Corporation land in Alaska; and

       (ii) the implementation of the program;
       (B) 5 percent shall be allocated to the Secretary for 
     natural resources adaptation activities carried out through 
     cooperative grant programs, such as--
       (i) the cooperative endangered species conservation fund 
     authorized under section 6 of the Endangered Species Act of 
     1973 (16 U.S.C. 1535);
       (ii) programs under the North American Wetlands 
     Conservation Act (16 U.S.C. 4401 et seq.);
       (iii) the Neotropical Migratory Bird Conservation Fund 
     established by section 9(a) of the Neotropical Migratory Bird 
     Conservation Act (16 U.S.C. 6108(a));
       (iv) the Coastal Program of the United States Fish and 
     Wildlife Service;
       (v) the National Fish Habitat Action Plan dated April 24, 
     2006 (including any revisions or amendments made to the 
     National Fish Habitat Action Plan after April 24, 2006);
       (vi) the Partners for Fish and Wildlife Program, as carried 
     out by the Secretary under section 4 of the Partners for Fish 
     and Wildlife Act (16 U.S.C. 3773);
       (vii) the Landowner Incentive Program, as established by 
     the Secretary in the matter under the heading ``landowner 
     incentive program'' under the heading ``United States Fish 
     and Wildlife Service'' of title I of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2006 (Public Law 109-54; 119 Stat. 504);
       (viii) the Wildlife Without Borders Program of the United 
     States Fish and Wildlife Service;
       (ix) the Migratory Species Program and Park Flight 
     Migratory Bird Program of the National Park Service;
       (x) the Water for America or other programs carried out by 
     the Bureau of Reclamation; and
       (xi) programs under--

       (I) subtitle A of title VI of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1015 et seq.);
       (II) subtitle F of title IX of the Omnibus Public Land 
     Management Act of 2009 (42 U.S.C. 10361 et seq.); and
       (III) other applicable law;

       (C) 3 percent shall be allocated to the Secretary to 
     provide financial assistance to Indian tribes to carry out 
     natural resources adaptation activities through the Tribal 
     Wildlife Grants Program of the United States Fish and 
     Wildlife Service or other programs; and
       (D) 12 percent shall be allocated for acquisition of land 
     or interests in land to carry out natural resources 
     adaptation activities as follows:
       (i) \1/6\ shall be allocated to the Secretary of 
     Agriculture to provide financial assistance to States and 
     Indian tribes to carry out natural resources adaptation 
     activities through the acquisition of land and interests in 
     land under section 7 of the Cooperative Forestry Assistance 
     Act of 1978 (16 U.S.C. 2103c).
       (ii)(I) The remainder \5/6\ shall be deposited in the Land 
     and Water Conservation Fund established under section 2 of 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-5) to be further allocated as follows:

       (aa) \1/6\ of the funds provided by this subparagraph shall 
     be allocated to the Secretary to carry out natural resources 
     adaptation activities through the acquisition of land and 
     interests in land under section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8), to be made 
     available on a competitive basis to States, in accordance 
     with the natural resources adaptation plans of States, and to 
     Indian tribes, and in accordance with subclause (IV).
       (bb) \1/3\ of the funds provided by this subparagraph shall 
     be allocated to the Secretary to carry out natural resources 
     adaptation activities through the acquisition of lands and 
     interests in land under section 7 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 4601-9).
       (cc) \1/3\ of the funds provided by this subparagraph shall 
     be allocated to the Secretary of Agriculture to carry out 
     natural resources adaptation activities through the 
     acquisition of land and interests in land under section 7 of 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-9).

       (II) Deposits in the Land and Water Conservation Fund under 
     this clause shall--

       (aa) be supplemental to funds provided under section 3 of 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-6), which shall remain available for nonadaptation 
     needs; and
       (bb) be available to carry out this Act without further 
     appropriation or fiscal year limitation.

       (III) Amounts under subclause (I)(aa) shall be made 
     available--

       (aa) notwithstanding section 5 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-7); and
       (bb) in addition to any funds provided pursuant to 
     appropriations, the Energy Policy Act of 2005 (42 U.S.C. 
     15801 et seq.), or any other authorization.

       (iii) In allocating funds under this subparagraph, the 
     Secretary and the Secretary of Agriculture shall take into 
     consideration factors including--

       (I) the availability of non-Federal contributions from 
     State, local, or private sources;
       (II) opportunities to protect fish and wildlife corridors 
     or otherwise to link or consolidate fragmented habitats;
       (III) opportunities to reduce the risk of severe wildfires, 
     drought, extreme flooding, or other climate-related events 
     that are harmful to fish and wildlife and people; and
       (IV) the potential for conservation of species or habitat 
     types at serious risk due to climate change.

       (3) National forest and grassland adaptation.--Of the 
     amounts made available for each fiscal year to carry out this 
     Act, 5 percent shall be allocated to the Forest Service, 
     through the Secretary of Agriculture--
       (A) to fund natural resources adaptation activities 
     (including water-related adaptation activities) carried out 
     in national forests and national grasslands under the 
     jurisdiction of the Forest Service; and
       (B) to carry out natural resources adaptation activities on 
     State, tribal, and private forest land carried out under the 
     Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 
     et seq.) and other authorized cooperative grant programs.
       (4) Coastal, estuarine, and marine system adaptation.--Of 
     the amounts made available for each fiscal year to carry out 
     this Act, 7 percent shall be allocated to the Secretary of 
     Commerce, working in cooperation with other Federal agencies, 
     States, Indian tribes, local governments, scientists, and 
     other conservation partners, to fund coastal, estuarine, and 
     marine natural resources adaptation activities, through 
     programs such as--
       (A) the coastal and estuarine land conservation program 
     administered by the National Oceanic and Atmospheric 
     Administration;
       (B) the community-based restoration program for fishery and 
     coastal habitats established under section 117 of the 
     Magnuson-Stevens Fishery Conservation and Management 
     Reauthorization Act of 2006 (16 U.S.C. 1891a);
       (C) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
     et seq.) that are specifically designed to strengthen the 
     ability of coastal, estuarine, and marine resources, 
     habitats, and ecosystems to adapt to and withstand the 
     ongoing and expected impacts of climate change;
       (D) the Open Rivers Initiative;
       (E) the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.);
       (F) the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1361 et seq.);
       (G) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (H) the Marine Protection, Research, and Sanctuaries Act of 
     1972 (33 U.S.C. 1401 et seq.);
       (I) the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 
     et seq.); and
       (J) the Estuary Restoration Act of 2000 (33 U.S.C. 2901 et 
     seq.).
       (5) Estuarine and freshwater ecosystem adaptation.--Of the 
     amounts made available for each fiscal year to carry out this 
     Act, 7.5 percent shall be allocated to the Administrator of 
     the Environmental Protection Agency and 5 percent shall be 
     available to the Secretary of the Army for use by the Corps 
     of Engineers, working in cooperation with other applicable 
     Federal agencies, for natural resources adaptation activities 
     for--
       (A) large-scale freshwater aquatic ecosystems, such as the 
     Everglades, the Great Lakes, Flathead Lake, the Missouri 
     River, the Mississippi River, the Colorado River, the 
     Sacramento-San Joaquin Rivers, the Ohio River, the Columbia-
     Snake River System, the Apalachicola, Chattahoochee, and 
     Flint River System, the Connecticut River, Middle Rio Grande 
     River, and the Yellowstone River;
       (B) large-scale estuarine ecosystems, such as Chesapeake 
     Bay, Long Island Sound, Puget Sound, the Mississippi River 
     Delta, the San Francisco Bay Delta, Narragansett Bay, and 
     Albemarle-Pamlico Sound;
       (C) freshwater and estuarine ecosystems, watersheds, and 
     basins identified and prioritized by the Administrator of the 
     Environmental Protection Agency or the Corps of Engineers, 
     working in cooperation with other Federal agencies, States, 
     tribal governments, local governments, scientists, and other 
     conservation partners;
       (D) estuary habitat restoration projects authorized by the 
     Estuary Restoration Act of 2000 (33 U.S.C. 2901 et seq.);
       (E) aquatic restoration and protection projects authorized 
     by section 206 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2330); and
       (F) other appropriate programs and activities.
       (d) Use of Funds by Federal Agencies.--Funds allocated to 
     Federal agencies under this section shall only be used for 
     natural resources adaptation activities consistent with a 
     natural resources adaptation plan approved under section 7.
       (e) State Cost Sharing.--Notwithstanding any other 
     provision of law, a State that receives a grant under this 
     section shall use funds from non-Federal sources to pay not 
     less than 10 percent of the costs of each activity carried 
     out under the grant.

     SEC. 10. ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES.

       (a) Federal Trust Responsibility.--Nothing in this Act 
     alters the Federal trust responsibility to any Indian tribe, 
     or any treaty or other right of any Indian tribe.

[[Page S10785]]

       (b) Application of Other Law.--The Secretary may apply the 
     provisions of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.) in the implementation 
     of this Act.
                                 ______
                                 
      By Mr. BAUCUS (for himself, Mr. Kerry, and Mrs. Shaheen):
  S. 1934. A bill to amend the Internal Revenue Code of 1986 to prevent 
the avoidance of tax on income from assets held abroad, and for other 
purposes; to the Committee on Finance.
  Mr. BAUCUS. Mr. President, today, I am pleased to introduce the 
Foreign Account Tax Compliance Act of 2009.
  The bill gives the IRS powerful tools to find US taxpayers who are 
hiding their money in offshore accounts. It includes strong incentives 
for individuals to properly report income from assets held in offshore 
accounts. The days of sending your money offshore to avoid paying US 
taxes are over.
  This package is the result of a collaborative effort with the House 
and has the support of the White House and the Treasury Department. It 
is fully consistent with the policies in the preliminary draft of 
offshore compliance proposals that I released in March of this year to 
detect, deter, and discourage offshore tax evasion.
  The bill is a practical solution to a very challenging problem. For 
the first time, the tax law would authorize the IRS to receive 
information reports from foreign financial institutions disclosing the 
identities of their US account holders and the amounts being held in 
the accounts.
  Individuals with offshore accounts would be required to provide 
details of those accounts on their tax returns.
  Trust rules would be significantly strengthened to prevent the true 
beneficiaries from hiding behind a nominee owner.
  It will not be so easy to hide your money from Uncle Sam anymore.
  Following the recommendation of the Government Accountability Office, 
the IRS would have more time, up to 6 years, to find and examine 
unreported and misreported offshore transactions.
  Robust penalties would be in place for those who still try to skirt 
the rules.
  This bill would improve tax compliance without raising taxes on 
anyone. These are taxes that already are legally owed.
  Those who game the tax system by hiding their money in offshore 
accounts, like those in the recent UBS scandal, unfairly shift the tax 
burden to honest taxpayers who comply with their tax obligations. The 
IRS estimates that up to 52,000 individuals hid billions of dollars in 
offshore accounts through UBS.
  Offshore tax evasion is a significant part of the tax gap and it has 
gone on long enough.
  I believe this bill will be a turning point in putting an end to 
offshore tax evasion.
  I look forward to working with my Colleagues here in the Senate and 
in the House to enact this important piece of legislation this year.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mrs. Hutchison, Mr. Lautenberg, 
        Mr. Schumer, Mr. Thune, and Ms. Klobuchar):
  S. 1938. A bill to establish a program to reduce injuries and deaths 
caused by cellphone use and texting while driving; to the Committee on 
Environment and Public Works.
  Mr. ROCKEFELLER. Mr. President, today I am introducing comprehensive, 
bipartisan legislation to reduce deaths and injuries caused by drivers 
texting and holding cell phones, I am delighted to have four original 
cosponsors join me today: Senator Hutchison, the ranking member of the 
Senate Commerce, Science and Transportation Committee; Senator 
Lautenberg, the chairman of the Senate Commerce Committee's Surface 
Transportation and Merchant Marine Infrastructure, Safety and Security 
Subcommittee, Senator Schumer, and Mr. Thune, the ranking member of the 
Surface Transportation and Merchant Marine Subcommittee.
  According to the Department of Transportation, distracted drivers 
last year killed 5,800 people. Distraction was a factor in 16 percent 
of all traffic fatalities. In addition, distracted drivers injured 
515,000 people, which accounted for 22 percent of all people injured in 
traffic accidents.
  Distracted driving covers a range of activities: eating, reaching for 
an object, texting, or using a cell phone. An analysis of 5,471 
passenger vehicle crashes investigated by the National Highway Traffic 
Safety Administration, NHTSA, found that 18 percent of drivers just 
prior to the crash were engaged in at least one non-driving activity, 
which included cell phone use.
  We all know that the explosion of cell phone use and texting in the 
past three years has brought distracted driving to a new level of 
danger. Now we have the new data, provided by the same researchers who 
record seat belt use levels for NHTSA: at any given daylight hour, 11 
percent of vehicles are driven by a person holding a hand-held 
electronic device. That translates into 812,000 drivers not paying full 
attention to driving at any given moment of the day, which makes our 
roads more dangerous for everyone.
  The statistics regarding deaths and injuries caused by distracted 
drivers provide the foundation for us to act. But the tragic, 
individual stories of deaths and injuries to innocent people compel us 
to act.
  In October 2008, 29-year-old Tiffany DeGroft was exchanging text 
messages with her boyfriend while driving her Jaguar on Braddock Road 
in Centreville, Virginia. The text messages indicate that her boyfriend 
was upset. His last text message read: ``Why aren't you answering me 
now?'' Tiffany DeGroft did not answer because her car had missed a 
curve in the road. She was killed on impact. A Fairfax County detective 
said, ``We found the phone on the floor in the open position. I suspect 
she was actually reading the text.''

  While that story is tragic, it becomes even more so when the person 
texting doesn't kill himself or herself, but innocent persons instead.
  In September 2008, 13-year-old Margay Schee in Marion County, FL, was 
riding home from school in a school bus. A truck driver, who by his own 
admission was distracted by a cell phone conversation, slammed into the 
back of the bus, which had its flashers on while stopped. The bus 
caught fire, killing Margay in a vehicle that is designed to protect 
children.
  In September 2006, college student Reggie Shaw sent 11 text messages 
over 30 minutes to his girlfriend as he drove his truck along a two-
lane highway in rural Utah. Shaw sent the last text message one minute 
before he called police about the accident. Investigators concluded 
that Shaw sent that last text message just as he crossed the yellow 
line of the rural highway, striking an oncoming car. James Furaro and 
Keith O'Dell, both rocket scientists, were killed instantly.
  Unlike some highway safety issues that are complicated to address, 
this one is not. Writing and reading text messages while driving a 
2,000-pound vehicle is dangerous--not only for the driver, but also for 
the driver's passengers and everyone else using the roads. Crashes 
involving commercial vehicles--such as trucks and buses--can result in 
even more catastrophic accidents than passenger cars. An 80,000-pound 
truck will crush a small car like a soda can.
  Texting takes a driver's eyes off the road for at least four seconds 
at a time--long enough at high speeds to travel the length of a 
football field. Under those circumstances, there is no time to react to 
a stopped car, a stop sign, or another road hazard. In fact, a recent 
study by the Virginia Tech Transportation Instistitute on behalf of the 
Federal Motor Carrier Safety Administration, FMCSA, found that motor 
vehicle operators who are texting are 23 times more likely to cause a 
crash, or near-crash, than a non-distracted driver. Deaths and injuries 
to innocent people are the inevitable and tragically avoidable result.
  In 2006, the National Transportation Safety Board, after 
investigating several accidents, made a recommendation to the FMCSA to 
ban cell phone use by commercial driver's license holders who have 
endorsements to carry passengers or drive school buses. I commend the 
Transportation Secretary's recent actions to begin addressing these 
recommendations. But I am concerned that the Department of 
Transportation should be doing more to eliminate these unsafe driver 
distractions.
  Several States have taken action to ban texting while driving, and to 
limit cell phone use to hands-free devices.

[[Page S10786]]

But not enough states have done so. Since Constitutional considerations 
prohibit the federal government from directing states to enact traffic 
laws, we at the federal level can only give states funding incentives 
to act with regard to passenger vehicle drivers. That is why I am today 
introducing the Distracted Driving Prevention Act of 2009.

  First, this legislation would create a grant program to send money to 
states that enact laws to prohibit texting and hand-held cell phone use 
while driving. While we wish the states would enact these common-sense 
safety measures on their own, the history of highway safety tells us 
that many states will fail to act unless we give them an incentive to 
do so.
  To qualify for a federal grant, a state must enact an absolute ban on 
texting while driving. No exceptions. There should be no exception for 
a driver taking his or her eyes off the road. For states to receive the 
grant, the prohibition on texting must have significant penalties, 
including increased fines and other penalties for a driver who causes 
an accident while texting.
  The second requirement for a State to receive a grant is to enact a 
law that bans holding a cell phone while driving. When people drive, 
both hands should be on the wheel. The grant program does not ask 
states to completely ban cell phone use by drivers; our legislation 
would allow the use of a hands-free device during a phone call. We also 
allow states to make exceptions for holding a cell phone to call for 
emergency services.
  States qualifying for the grant must completely ban cell phone use by 
drivers under the age of 18. A driver under 18 years old may not even 
use a hands-free device. For these inexperienced drivers, the 
additional distraction of using a cell phone can be deadly. Many 
parents already encourage their teenage drivers to not use a cell phone 
while driving. But having the police enforce this law will be even more 
effective.
  With more States enacting a ban on texting and hand-held cell phone 
use, we need to get the message out so that drivers obey the law. Our 
legislation would create a new national education campaign based upon 
the tremendous success of the recent drunk driving and seat belt 
advertising campaigns. These advertising campaigns are not only an 
opportunity to remind people of the law, but also a means by which to 
educate drivers about the dangers of texting and cell phone use. This 
education can change driver behavior even when law enforcement might 
not be present.
  In addition to nationwide advertising, we also will direct NHTSA to 
target some local markets with advertising in states and cities that 
have already passed texting and cell phone use laws.
  Unlike passenger vehicle drivers, a truck driver's vehicle is also 
his or her office space. Devices to receive directions, follow-up on 
orders, or maintain contact with dispatchers are necessary to perform a 
truck driver's duties. These devices, too, can become distractions, as 
they require eyes and attention to be removed from the roadway. 
Therefore, this legislation would require the Secretary of 
Transportation to issue regulations within one year specifically on the 
use of electronic and wireless devices by commercial motor vehicle 
drivers and those who operate certain school buses. The Secretary would 
be authorized to ban the use of certain devices if the Secretary 
determines that they interfere with the safe operation of a commercial 
motor vehicle. The bill also would allow the Secretary to permit 
exceptions for emergency uses. We need to make sure that commercial 
motor vehicle drivers are operating their trucks and buses in the 
safest manner possible.
  Furthermore, this legislation will require that states, as part of 
their federal grant for data collection, begin collecting distracted 
driving data about each vehicle crash, starting with the police reports 
of the crash. By requiring law enforcement officers to inquire about 
the possible role that texting or cell phone use might have played in a 
crash, and requiring states to collect that data, we can better 
understand the scope and causes of the distracted driving problem.
  To bolster the new data collection at the state level, this 
legislation would require the Transportation Secretary to establish a 
dedicated program at the Transportation Department to study all forms 
of distracted driving across all modes of transportation. Better 
research is essential to finding the best strategies for reducing 
deaths and injuries caused by distracted driving.
  This legislation also charges the Federal Communications Commission 
with studying potential initiatives to raise awareness and reduce the 
problems caused by distracted driving. By bringing aboard the agency 
with oversight of wireless carriers, we add another stakeholder that 
can help us develop creative solutions to address this problem.
  One last note about this legislation: it is paid for. The grant 
program that encourages states to enact a primary seat belt law has run 
a surplus in recent years as the number of states enacting a new 
primary seat belt law has slowed. Any state that enacts a new primary 
seat belt law in 2010 and 2011 would still receive their safety belt 
grant. But the remainder of the funding for that program will be 
redirected for the nationwide distracted driving advertising campaigns, 
and sent as grants to states that prohibit texting and hand-held cell 
phone use.
  Creating incentives for states to take action against distracted 
driving, launching a nationwide campaign to educate drivers about the 
dangers of texting and cell phone use, and collecting better data about 
driver behavior will result in fewer deaths and injuries on our 
nation's roads.
  I ask my colleagues to support this comprehensive bill that will save 
lives and prevent injuries by reducing distracted driving.

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