[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7791-S7835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. JOHANNS (for himself, Mr. Brownback, Mr. McCain, Mr. 
        Thune, Mr. Burr, Mr. Coburn, Mr. Bennett, Mr. Isakson, Mr. 
        Enzi, Mr. Hatch, Mr. Wicker, Mr. DeMint, Mr. Ensign, Mr. 
        Roberts, Mr. Crapo, Mr. Risch, Mr. Graham, Mr. Vitter, and Mr. 
        Kyl):
  S. 14. A bill to ensure that women seeking an abortion are fully 
informed regarding the pain experienced by their unborn child; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. JOHANNS. Mr. President, I rise today to discuss an issue that I 
believe does cross the political divide; and that issue is, protecting 
children from needless pain. Forty years ago, when Roe v. Wade became 
the law of the land, it was believed that babies simply did not feel 
pain. At that time, the medical community thought a baby's nervous 
system was not yet developed enough to have a sense of pain, so 
surgeries were literally performed with no anesthesia. Parents were 
told not to worry if it appeared their child was in pain.
  We found out the medical community was wrong.
  Twenty-five years ago, a doctor at Oxford University proved that 
newborn babies do, in fact, feel pain. His groundbreaking research was 
inspired by his own recognition of the signs of pain.
  Dr. Anand noticed preterm babies returning from operations with weak 
pulses, with rapid heart rates, and other signs of stress that would 
typically be associated with the feeling of pain.
  As a result, he studied two groups of babies. One went through 
surgery without anesthesia, as was the practice at that time. A second 
group was given anesthesia before the surgery took place.
  The results were remarkable. Most of the babies who were given pain 
medicine sailed through the procedures while the babies who were given 
no pain medicine suffered significant stress. This study opened the 
eyes of the medical community, shifting both medical opinion and common 
practice.
  Today, pain relief for infants is now the standard of care. If my 
child needed surgery today, and a doctor told us it would be done 
without anesthesia, without pain medicine for the baby, we would walk 
straight out of the door; and any parent would.
  Performing surgery on an infant without pain medicine is unimaginable 
today, despite having been common practice, the accepted standard of 
care 40 years ago. Medical research shattered a commonly held belief, 
and it changed medicine forever.
  I stand before you today in recognition that medical research has 
again advanced. Again, it should shatter a misguided assumption. You 
see, doctors now perform surgery on unborn babies. They can go into the 
womb and save a baby as young as 20 weeks old.
  This has allowed researchers to study reactions to pain by these 
unborn babies. The eye-opening results simply cannot be denied. Much 
like the original groundbreaking study of newborns,

[[Page S7792]]

the research involving unborn babies presented evidence that they feel 
pain.
  When pain medicine was administered during surgery involving unborn 
children, their blood flow, their heart rate remained normal. But 
without pain medicine, blood flow and heart rate were affected, as 
unborn babies endured the pain.
  The medical evidence is so compelling it alone should inspire us to 
act. But we do not have to rely upon a doctor's research. All of my 
colleagues have surely seen with their own eyes the breathtaking images 
from ultrasounds. Perhaps it was the picture of a child or a grandchild 
that showed a face and fingers and toes. Some might have been lucky 
enough to be in the room for a checkup and actually listened to that 
heartbeat.
  There is no denying that those fingers and toes--that face, that 
heartbeat--is about a baby, a tiny, little miracle that can feel pain. 
Pretending there is some magical line that is crossed at the moment of 
birth that allows a baby to feel pain is literally absurd. There is no 
such line. There is no difference in the pain a baby begins feeling 
about halfway through pregnancy and the pain a newborn baby feels.
  Just as the medical community now admits it was wrong to assert that 
newborns feel no pain, we know it is wrong to say unborn children feel 
no pain. But while medical science has moved forward and taken this 
step, our laws and our practices still rely on decades-old information 
and mistaken beliefs.
  So it is time for us to acknowledge in law and in practice the 
realities revealed by these advancements in medical science. We must be 
willing to change our mindset based upon this evidence, and I would 
suggest we have an obligation to do so.
  Mothers have a right to know that their unborn babies feel pain. 
Respected doctors are on record saying that abortions in the second and 
third trimester likely cause unborn babies ``intense pain.'' How can we 
claim to be compassionate, yet look the other way in denial of this 
pain? I would suggest we cannot. We can see these precious faces. We 
can hear their hearts beat.
  That is why the legislation I am introducing today is so critically 
important. The Unborn Child Pain Awareness Act would merely require 
those who perform abortions 20 weeks into a pregnancy or later to 
inform the mother that her unborn child feels pain. And the mother may 
request anesthesia for that child to lessen the pain if she does not 
choose life.
  Women should not be kept in the dark. They have the right to know 
what their unborn child will feel during an abortion. And those who 
provide abortions should not dismiss the reality of the anguish. The 
Unborn Child Pain Awareness Act says: At the very least, let's provide 
mothers with the complete medical and scientific research we have at 
our disposal today. Let's simply provide the truth before they make a 
life-changing decision. We cannot in good conscience know of this 
medical reality and fail to share it with mothers who are contemplating 
the most difficult and consequential decision of their entire lives.
  Our country is awakening to the reality of the pain felt by unborn 
children but slowly, just as we were slow to accept that newborn 
babies, yes, in fact, do feel pain so many years ago. Thankfully, our 
States are leading the way when Congress has failed to act. Arkansas, 
Georgia, Louisiana, Minnesota, Oklahoma, and Utah have passed similar 
legislation. Several other States include information about the pain an 
unborn child experiences in their counseling materials. In fact, in my 
home State of Nebraska, we became the first State to ban abortions 
after 20 weeks on the basis that an unborn child can, in fact, feel 
pain.
  Unborn children cannot tell us what they feel, but medical research 
cries out on their behalf. They deserve the same human compassion we 
show newborns, 2-year-olds, and children of every age. They all feel 
pain.
  So I encourage my colleagues to join me in cosponsoring this 
legislation. Thus far, 18 Senators have signed on, and I hope more will 
follow. I would suggest that this legislation has little to do with 
whether you call yourself pro-life or pro-choice. It is about basic 
human decency and concern for human suffering. I hope my colleagues 
will review the medical research, look to their conscience, and follow 
what is right. I hope they join me in cosponsoring this legislation.
                                 ______
                                 
      By Mr. JOHNSON:
  S. 3870. A bill to amend the Federal Crop Insurance Act to permit 
certain livestock owners to plant a secondary crop for the use of the 
producer as emergency feed; to the Committee on Agriculture, Nutrition, 
and Forestry.
  Mr. JOHNSON. Mr. President, today I introduce legislation that will 
enable livestock producers who have been affected by excessive 
precipitation to have access to emergency feed stocks. The rain 
producers faced last fall, coupled with the abnormal snowfall this 
winter and the subsequent rain this spring and summer, has led to major 
flooding throughout South Dakota, particularly in the northeastern part 
of our State. Unfortunately, there are many areas in which land that 
would normally be available for planting was not available because of 
the wet conditions. As a result of the flooding earlier this year, many 
producers claimed prevented planting coverage through their crop 
insurance policies.
  A side effect of the flooding was that many producers have faced a 
shortage of forage for their livestock. I have spoken with many 
producers who would like to be able to plant a secondary crop on land 
that has qualified for prevented planting coverage for the purposes of 
providing emergency feed for their own livestock. As currently provided 
by the Agricultural Risk Protection Act of 2000, in States like South 
Dakota, which are not permitted to plant two crops during a single 
year, a producer loses 65 percent of their prevented planting 
compensation if they plant a secondary crop and harvest or graze that 
crop before the end of the crop year, which is interpreted as November 
1 by the Risk Management Agency, RMA. The actual production history, 
APH, of the land is also reduced to 60 percent of the normal yield for 
that year. Given the suffering producers in my State have experienced 
this year because of flooding, it is necessary to provide them the 
flexibility they need to stay in business.
  My legislation would permit producers to plant and harvest or graze a 
secondary crop before November 1 for the purposes of ensuring 
sufficient feed for their livestock without penalty of a reduction in 
prevented planting coverage and benefits. In order to ensure 
accountability, my legislation would require producers to own 
livestock, to have suffered from excessive precipitation which 
prohibited the first crop from being planted by the Risk Management 
Agency's final planting date for that crop, and the producer must use 
the second crop only for feed for their own livestock. The producer 
would not be permitted to sell the crop. Additionally, any revenue 
generated from the second planting would be taken into account when 
calculating the producer's benefits from Federal disaster programs, 
like the Supplemental Revenue, SURE, Assistance Program. Ultimately, 
this legislation is very fiscally responsible as it would encourage a 
reduction in Federal dollars spent on disaster assistance.
  Agriculture is a vital industry in South Dakota. Year after year, our 
producers continue to provide the world with a cheap, safe, and 
abundant source of food, fuel, and fiber. In fact, according to the 
South Dakota Department of Agriculture, each year on average, one South 
Dakota producer raises enough food to feed 144 people. Our farmers and 
ranchers are absolutely essential to ensuring we can feed an ever-
growing world population and to the continued growth of our State's 
economy, and my legislation would help them through rough times when 
factors outside of their control, like the weather, would otherwise 
force them out of business.
                                 ______
                                 
      By Mr. LEAHY:
  S. 3871. A bill to amend chapter 13 of title 28, United States Code, 
to authorize the designation and assignment of retired justices of the 
Supreme Court to particular cases in which an active justice is 
recused; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today, I am introducing legislation to 
ensure that the Nation's highest court can serve its function as the 
court of last

[[Page S7793]]

resort in our judicial system. The Supreme Court's effectiveness is 
compromised when it does not have a full slate of nine justices sitting 
in a given case. When a Justice needs to recuse from a matter under the 
rules that govern judicial conflicts of interest, the Supreme Court may 
be rendered ineffective, because there are no provisions in place to 
allow another to be designated to sit in his or her place. Given the 
Court's recent rash of 5:4 rulings, the absence of one Justice could 
result in a 4:4 decision. In that scenario, the Supreme Court cannot 
serve its function and the lower court decision stands. This was a very 
real concern for Chief Justice William Rehnquist. He explained that 
such a stalemate on the Court where there were conflicting rulings in 
the lower courts, ``would lay down `one rule in Athens, and another 
rule in Rome' with a vengeance.''
  Under the existing statute, retired Justices may be designated to sit 
on any court in the land except the one to which they were confirmed. 
The bill I am introducing today will ensure that the Supreme Court can 
continue to serve its essential function. I hope that it will encourage 
Justices to recuse themselves when they have a financial conflict of 
interest or their participation would create the appearance of 
impropriety. In recent history, Justices have refused to recuse 
themselves and one of their justifications has been that the Supreme 
Court is unlike lower courts because no other judge can serve in their 
place when Justices recuse.
  When I met with Justice John Paul Stevens earlier in the year before 
he announced his retirement, he suggested exploring legislation that 
would allow retired U.S. Supreme Court Justices to sit by designation 
on all of our federal courts. Currently, Justices Stevens, Sandra Day 
O'Connor and David Souter may sit by designation on any Federal court 
except the U.S. Supreme Court, the Court to which they were confirmed. 
This defies common sense.
  Recent news about conflicts of interest has raised serious questions 
in the minds of Americans about the impartiality of the judiciary. 
These serious concerns only serve to undermine the public trust in our 
Nation's courts. Allowing retired Justices to sit on the Supreme Court 
would encourage sitting justices to recuse themselves when there is 
even an appearance of a conflict of interest regarding a case before 
the Court. Such a designation would also help to avoid the potential of 
4:4 splits which concerned Chief Justice Rehnquist. I am confident the 
American people want the Supreme Court to serve as the final word in 
our federal judicial system. I encourage my fellow Senators to consider 
the legislation I am introducing today as a common-sense solution to 
preserve the role that the Supreme Court plays in our democracy.
  Mr. President, I ask by unanimous consent that the text of the bill 
be printed in the Record.
  There being no objetion, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3871

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

     SECTION 1. DESIGNATION AND ASSIGNMENT OF RETIRED SUPREME 
                   COURT JUSTICES.

       Section 294 of title 28, United States Code, is amended--
       (1) in subsection (a), by inserting ``(1)'' after ``(a)'';
       (2) by adding at the end the following:
       ``(2) Any retired Chief Justice of the United States or any 
     retired Associate Justice of the Supreme Court may be 
     designated and assigned to serve as a justice on the Supreme 
     Court of the United States in a particular case if--
       ``(A) any active justice is recused from that case; and
       ``(B) a majority of active justices vote to designate and 
     assign that retired Chief Justice or Associate Justice.''; 
     and
       (3) in subsection (d), by striking ``No such designation or 
     assignment shall be made to the Supreme Court.'' and 
     inserting ``Except as provided under subsection (a)(2), no 
     designation or assignment under this section shall be made to 
     the Supreme Court.''.
                                 ______
                                 
      By Mr. UDALL of New Mexico:
  S. 3872. A bill to improve billing disclosures to cellular telephone 
consumers; to the Committee on Commerce, Science, and Transportation.
  Mr. UDALL of New Mexico. Mr. President, cell phones today are 
becoming ubiquitous and more essential to our everyday lives. Americans 
today have 285 million wireless phones.
  We use these phones in new and innovative ways. Consumers today 
increasingly use their cell phones for much more than just talking. 
Mobile broadband services now allow us to surf the Internet, search for 
nearby shops or restaurants, and watch videos right on our wireless 
handsets.
  Since we now use these devices in new ways, it can be more difficult 
for consumers to realize they have exceeded their monthly subscriptions 
for cell phone service. This can have dramatic consequences for 
consumers.
  Consider the case of a Navy ROTC midshipman who mistakenly left his 
smartphone's roaming function turned on while he was abroad. His phone 
downloaded e-mail messages, and he was sent a bill for almost $1,300. 
News outlets have highlighted other cases from across the country, 
including cases where children on family subscription plans racked up 
thousands of dollars in extra charges. A 13 year-old's cell phone data 
usage led to a bill for almost $22,000. Another man was billed $18,000 
for a 6-week period when his son used a cell phone to connect a 
computer to the Internet. These stories we hear about in the media are 
certainly not isolated cases, just the most egregious.
  In fact, a recent Federal Communications Commission, FCC, survey 
found that 30 million Americans, or 1 in 6 adult cell phone users, have 
experienced cases of ``bill shock.'' Cell phone bill shock is when a 
consumer's monthly bill increases when they have not changed their 
plan. In about one in four cases, the consumer's bill increased by more 
than $100. According to a survey by Consumers Union, the publishers of 
Consumer Reports magazine, the median bill shock amount was $83.
  Although consumers can already access their phone usage by requesting 
this information from their cell phone provider, the FCC survey found 
that almost 85 percent of American consumers who suffered bill shock 
were not alerted that they were about to exceed their allowed voice 
minutes, text messages, or data downloads.
  In many cases, a simple alert message would help consumers avoid bill 
shock. That is why today I am introducing the Cell Phone Bill Shock Act 
of 2010.
  My legislation would require that cell phone companies do two things; 
first, that they notify cell phone customers when they have used 80 
percent of their limit of voice minutes, text messages, or data usage. 
This notification could be in the form of a text message or email, and 
should be free of charge. Secondly, this legislation would require cell 
phone companies to obtain a customer's consent before charging for 
services in excess of their limit of voice, text, or data usage. 
Customers could give such consent by calling or sending a free text 
message or e-mail to their phone company.
  In the European Union, wireless phone companies already provide 
similar notifications when wireless consumers are roaming and when they 
reach 80 percent of their monthly data roaming services.
  Earlier this year, Congress approved legislation to help consumers 
avoid bank overdraft fees from everyday debit card and ATM 
transactions. Banks must now obtain their customer's permission before 
allowing debit card transactions which would incur overdraft fees. My 
legislation extends that same concept to cell phone customers, who 
should benefit from similar protections against ``bill shock.''
  The texting and Internet capabilities that make today's cell phones 
more useful than ever should be applied to help consumers avoid bill 
shock. Sending an automatic text notification to one's phone or an e-
mail alert should not place a burden on cell phone companies. Passing 
my commonsense legislation will help prevent consumer's from facing 
``bill shock'' problems in the future.
  I look forward to working with my colleagues to pass this important 
legislation. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

[[Page S7794]]

                                S. 3872

       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 ``Cell Phone Bill Shock Act of 
     2010''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) A recent survey conducted by the Federal Communications 
     Commission found that 1 out of 6 consumers who subscribe to 
     commercial mobile service has experienced ``bill shock'', 
     which is the sudden increase in the monthly bill of a 
     subscriber even though the subscriber has not made changes to 
     their monthly service plan.
       (2) Most consumers who experience bill shock do not receive 
     notification from their provider of commercial mobile service 
     when the consumer is about to exceed the monthly limit of 
     voice minutes, text message, or data megabytes.
       (3) Most consumers who experience bill shock do not receive 
     notification from their provider of commercial mobile service 
     that their bill has suddenly increased.
       (4) Prior to the enactment of this Act, a provider of 
     commercial mobile service was under no obligation to notify a 
     consumer of such services of a pending or sudden increase in 
     their bill for the use of such service.
       (5) Section 332 of the Communications Act of 1934 (47 
     U.S.C. 332) requires that all commercial mobile service 
     provider charges, practices, classifications, and regulations 
     ``for or in connection with'' interstate communications 
     service be just and reasonable, and authorizes the Federal 
     Communications Commission to promulgate rules to implement 
     this requirement.

     SEC. 3. NOTIFICATION OF CELL PHONE USAGE LIMITS; SUBSCRIBER 
                   CONSENT.

       (a) Definition.--In this section, the term ``commercial 
     mobile service'' has the same meaning as in section 332(d)(1) 
     of the Communications Act of 1934 (47 U.S.C. 332(d)(1)).
       (b) Notification of Cell Phone Usage Limits.--The Federal 
     Communications Commission shall promulgate regulations to 
     require that a provider of commercial mobile service shall--
       (1) notify a subscriber when the subscriber has used 80 
     percent of the monthly limit or prepaid amount of voice 
     minutes, text messages, or data megabytes agreed to in the 
     commercial mobile service contract of the subscriber;
       (2) send, at no charge to the subscriber, the notification 
     described in paragraph (1) in the form of a voice message, 
     text message, or email; and
       (3) ensure that such text message or email is not counted 
     against the monthly limit or prepaid amount for voice 
     minutes, text messages, or data megabytes of the commercial 
     mobile service contract of the subscriber.
       (c) Subscriber Consent.--The Federal Communications 
     Commission shall promulgate regulations to require a provider 
     of commercial mobile service shall--
       (1) obtain the consent of a subscriber who received a 
     notification under subsection (b) to use voice, text, or data 
     services in excess of the monthly limit of the commercial 
     mobile service contract of the subscriber before the provider 
     may allow the subscriber to use such excess services; and
       (2) allow a subscriber to, at no cost, provide the consent 
     required under paragraph (1) in the form of a voice message, 
     text message, or email that is not counted against the 
     monthly limit or prepaid amount for voice minutes, text 
     messages, or data megabytes of the commercial mobile service 
     contract of the subscriber.
                                 ______
                                 
      By Mr. WYDEN (for himself and Mr. Hatch):
  S. 3876. A bill to amend the Internal Revenue Code of 1986 to extend 
and modify the alternative fuel vehicle refueling property credit; to 
the Committee on Finance.
  Mr. WYDEN. Mr. President, I am pleased to join with my colleague from 
Utah, Senator Orrin Hatch, in introducing legislation to renew an 
existing Federal program to provide tax incentives for the installation 
of equipment to refuel cars and trucks with alternative fuels including 
biodiesel, gasohol, electricity, compressed natural gas, propane, 
liquefied natural gas, and hydrogen.
  The United States continues to import far more oil than we produce. 
Upwards of \2/3\ of the oil we use is imported from other countries, 
many of whom do not have Americans' best interests at heart, or worse. 
Similarly, \2/3\ of all of the oil used in the U.S. goes to power our 
cars, buses, and trucks. If the U.S. is going to reduce our dependence 
on imported oil, it is going to have to adopt alternative 
transportation technologies such as plug-in hybrid and all electric 
vehicles, fuel cells, and natural gas vehicles. Each of these 
alternative technologies has pluses and minuses in terms of their 
technical maturity, usefulness in different types of vehicles, cost, 
and the availability of refueling infrastructure to support them. This 
legislation only addresses the need for refueling and recharging 
infrastructure, but without a certainty that there will be places to 
refuel and recharge their alternative fueled vehicles Americans are not 
going to buy them. No one wants to run out of fuel while looking for a 
place to fill up.
  This legislation extends an already existing tax credit, Sec. 30C of 
the Tax Code, which is intended to help defray the cost of installing 
new alternative refueling and recharging equipment. The current credit 
expires in a matter of a few months at the end of calendar year 2010. 
Given the critical need to cut our national appetite for imported oil, 
it is essential that Congress extend this tax credit. This legislation 
would extend the existing credit for another 4 years, until the end of 
2014.
  The legislation also makes several changes in the credit to make it 
more practical. For example, this bill would make it clear that a 
fueling station could obtain a separate credit for each type of 
alternative fuel that it chooses to distribute. Right now, the credit 
is capped at $50,000 per location regardless of the number of fuels 
that it may want to sell. The bill would also expand the base credit 
from $50,000 to $100,000 to bring it more in line with the actual cost 
of refueling and recharging equipment. Third, the bill would allow the 
credit to cover additional upgrades to building wiring or natural gas 
piping or other improvements that are necessary for the installation of 
the alternative fuel equipment, and expand the kinds of equipment that 
would be covered to include on-site fuel generation. The bill would 
also allow an option to obtain a smaller $10,000 credit for the 
installation of refueling devices, such as chargers for plug-in 
electric cars or slow-fill natural gas compressors, in lieu of the 
$100,000 credit per location. Finally, the bill would allow multiple 
owners of buildings, such as a condominium or a co-op, to share the 
credit.
  Continued dependence on imported oil is an economic and national 
security danger. Giving Americans options to use alternative fueled 
vehicles is one major way in which to dramatically reduce this danger. 
This bill does not tell Americans which kind of car or truck to buy. It 
does not pick winners and losers from among already recognized 
alternative fuels. What it would do is make the availability of all 
alternative motor fuels more likely, and then the market will decide 
which technologies work best.
  I urge other Senators to support this legislation and give Americans 
a real chance to cut our oil imports.
  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. 3876

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

     SECTION 1. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL 
                   VEHICLE REFUELING PROPERTY CREDIT.

       (a) Extension.--Subsection (g) of section 30C of the 
     Internal Revenue Code of 1986 is amended by striking ``placed 
     in service--'' and all that follows and inserting ``placed in 
     service after December 31, 2014''.
       (b) Increased Credit.--
       (1) Credit percentage.--Subsection (a) of section 30C of 
     the Internal Revenue Code of 1986 is amended by striking ``30 
     percent'' and inserting ``50 percent''.
       (2) Dollar limitations.--
       (A) Increase and per device limitation.--Paragraph (1) of 
     section 30C(b) of such Code is amended to read as follows:
       ``(1) the greater of--
       ``(A) $100,000 for each type of clean-burning fuel (among 
     all clean-burning fuels listed in subsection (c)(2)) utilized 
     in property placed in service at the location by the taxpayer 
     during the taxable year, or
       ``(B) $10,000 multiplied by the number of devices placed in 
     service at the location by the taxpayer during the taxable 
     year,

     in the case of a property of a character subject to an 
     allowance for depreciation, and''.
       (B) Nondepreciable property.--Paragraph (2) of section 
     30C(b) of such Code is amended by striking ``$1,000'' and 
     inserting ``$2,000''.
       (3) Device.--Subsection (e) of section 30C of such Code is 
     amended by adding at the end the following new paragraph:
       ``(7) Device.--For the purposes of subsection (b)(1), the 
     term `device' means an individual item of property, whether a 
     stand-alone item or part of property that includes multiple 
     devices, which functions to refuel or recharge one 
     alternative fuel vehicle at a time.''.
       (4) Conforming amendment.--Paragraph (6) of section 30C(e) 
     of such Code is amended--
       (A) by inserting ``and which is placed in service before 
     the date of the enactment of

[[Page S7795]]

     paragraph (8)'' after ``hydrogen'' in subparagraph (A), and
       (B) by striking ``$30,000'' in subparagraph (B) and 
     inserting ``$100,000''.
       (c) Treatment of Personal Credit.--
       (1) In general.--Paragraph (2) of section 30C(d) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(2) Personal credit.--
       ``(A) In general.--For purposes of this title, the credit 
     allowed under subsection (a) for any taxable year (determined 
     after application of paragraph (1)) shall be treated as a 
     credit allowable under subpart A for such taxable year.
       ``(B) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for any taxable year 
     (determined after application of paragraph (1)) shall not 
     exceed the excess of--
       ``(i) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(ii) the sum of the credits allowable under subpart A 
     (other than this section and sections 25D and 30D) and 
     section 27 for the taxable year.''.
       (2) Conforming amendment.--Clause (ii) of section 
     30D(c)(2)(B) of such Code is amended by striking ``section 
     25D'' and inserting ``sections 25D and 30C''.
       (d) Treatment of Property Used by Tax-exempt Entity.--
     Paragraph (2) of section 30C(e) of the Internal Revenue Code 
     of 1986 is amended--
       (1) by striking the last sentence, and
       (2) by inserting ``(including use by an Indian tribal 
     government)'' after ``paragraph (3) or (4) of section 
     50(b)''.
       (e) Joint Ownership of Alternative Fuel Vehicle Refueling 
     Property.--Subsection (e) of section 30C of the Internal 
     Revenue Code of 1986, as amended by subsection (b), is 
     amended by adding at the end the following new paragraph:
       ``(8) Joint ownership of alternative fuel vehicle refueling 
     property.--
       ``(A) In general.--Any qualified alternative fuel vehicle 
     refueling property shall not fail to be treated as such 
     property solely because such property is placed in service 
     with respect to 2 or more dwelling units.
       ``(B) Limits applied separately.--In the case of any 
     qualified alternative fuel vehicle refueling property which 
     is placed in service with respect to 2 or more dwelling 
     units, this section (other than this subparagraph) shall be 
     applied separately with respect to the portion of such 
     property attributable to each such dwelling unit.''.
       (f) Definition of Alternative Fuel Vehicle Refueling 
     Property.--
       (1) In general.--Paragraph (3) of section 179A(d) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(3) such property is--
       ``(A) for the generation, storage, compression, blending, 
     or dispensing of a clean-burning fuel into the fuel tank of a 
     motor vehicle propelled by such fuel, but only if the 
     generation, storage, compression, or dispensing of such fuel 
     is at the point where such fuel is delivered into the fuel 
     tank of the motor vehicle, or
       ``(B) for the recharging of motor vehicles propelled by 
     electricity (including property relating to providing 
     electricity for such recharging or otherwise necessary for 
     such recharging property).''.
       (2) Building components.--Subsection (d) of section 179A of 
     such Code is amended by striking ``and its structural 
     components''.
       (g) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after the date of 
     the enactment of this Act.
                                 ______
                                 
      By Mr. CARDIN (for himself and Mr. McCain):
  S. 3881. A bill to require the Secretary of State to identify 
individuals responsible for the detention, abuse, or death of Sergei 
Magnitsky or for the conspiracy to defraud the Russian Federation of 
taxes on corporate profits through fraudulent transactions and lawsuits 
against Hermitage, and to impose a visa ban and certain financial 
measures with respect to such individuals, until the Russian Federation 
has thoroughly investigated the death of Sergei Magnitsky and brought 
the Russian criminal justice system into compliance with international 
legal standards, and for other purposes; to the Committee on the 
Judiciary.
  Mr. CARDIN. Mr. President, I rise today to introduce the Justice for 
Sergei Magnitsky Act of 2010.
  As Chairman of the Commission on Security and Cooperation in Europe, 
I first learned about Sergei Magnitsky at a hearing I held on Russia in 
June 2009.
  Sergei Magnitsky was a young Russian anti-corruption lawyer employed 
by a prominent American law firm in Moscow who blew the whistle on the 
largest known tax rebate fraud in Russian history perpetrated by high 
level Russian officials. After discovering this complex and brazen 
corruption scheme, Sergei Magnitsky dutifully testified to the 
authorities detailing the conspiracy to defraud the Russian people of 
approximately $230 million and naming the names of those officials. 
Shortly after his testimony, Sergei was arrested by subordinates of the 
very law enforcement officers he had implicated in this crime. He was 
held in detention for nearly a year without trial under torturous 
conditions and died in an isolation cell while prison doctors waited 
outside his door on November 16, 2009.
  In April of this year I sent a letter to our Secretary of State 
urging a visa ban for Russian officials connected to the death of 
Sergei Magnitsky. I also released a list of 60 senior officials from 
the Russian Interior Ministry, Federal Security Service, Federal Tax 
Service, Regional Courts, General Prosecutor's Office, and Federal 
Prison Service, along with detailed descriptions of their involvement 
in this matter. My bill reminds the Department of State that I have not 
forgotten and will not forget this issue. In fact, this bill goes a bit 
further adding an asset freeze provision to be applied against those 
implicated in this tragic affair.
  Sergei Magnitsky, a lawyer with what should have been a promising 
career ahead of him died at age 37 leaving behind a mother, a wife, and 
two boys who never saw him or even heard his voice after his arrest. 
Since his death, no one has been held accountable and some of those 
involved even have been promoted. Also, there is strong evidence that 
the criminal enterprise that stole the money from the Russian treasury 
and falsely imprisoned and tortured Magnitsky, continues to operate. In 
fact, the American founding partner of Magnitsky's firm fled Russia for 
his safety in the months following his colleague's death after learning 
that a similar fraud scheme was attempted by the same criminals.
  This is a heartbreaking story, and let me be clear, my bill does not 
even attempt to deliver justice as that would be impossible since 
nothing can bring Sergei back. There are obvious limits to what we can 
do as Americans, but we can deny the privilege of visiting our country 
and accessing our financial system. This bill sends a strong message to 
those who are currently acting with impunity in Russia that there will 
be consequences for corruption should you wish to travel and invest 
abroad. I hope others, especially in the EU, UK, and Canada will adopt 
similar sanctions.
  This measure is also about the future and protecting our business 
interests abroad by making it clear that, even if your home country 
allows you to trample the rule of law, we will not stand by and become 
an unwitting accomplice in your crimes.
  Sadly, Sergei Magnitsky joins the ranks of a long list of Russian 
heroes who lost their lives because they stood up for principle and for 
truth. These ranks include Natalia Estemirova, a brave human rights 
activist shot in the head and chest and stuffed into the trunk of a 
car, Anna Politkovskaya, an intrepid reporter shot while coming home 
with an armful of groceries, and too many others.
  Often in these killings there is a veil of plausible deniability, 
gunmen show up in the dark and slip away into the shadows, but Sergei, 
in inhuman conditions managed to document in 450 complaints exactly who 
bears responsibility for his false arrest and death. We must honor his 
heroic sacrifice and do all we can to learn from this tragedy that 
others may not share his fate.
  Few are made in the mold of Sergei Magnitsky--able to withstand 
barbaric depravations and cruelty without breaking and certainly none 
of us would want to be put to such a test. For those corrupt officials 
who abuse their office, Sergei's life stands as a rebuke to what is 
left of their consciences. To those who suffer unjustly, Sergei's 
experience can be a reminder to draw strength from and to know that 
they are not completely alone in their struggle.
  In closing, I wish to address those prominent Russian human rights 
defenders who just a couple weeks ago appealed to our government and to 
European leaders to adopt the sanctions I called for in my April letter 
to Secretary Clinton. You are the conscience of Russia and we have 
heard your plea. You are not alone, and while you and your fellow 
citizens must do the heavy lifting at home, I assure you that ``human 
rights'' are not empty words for this body and for my government. I 
urge my colleagues to support this bill.

[[Page S7796]]

  Mr. President, I ask unanimous consent that the text of the bill and 
a letter be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3881

       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 ``Justice for Sergei Magnitsky 
     Act of 2010''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The United States supports the people of the Russian 
     Federation in their efforts to realize their full economic 
     potential and to advance democracy, human rights, and the 
     rule of law.
       (2) The Russian Federation--
       (A) is a member of the United Nations, the Organization for 
     Security and Cooperation in Europe, and the International 
     Monetary Fund;
       (B) has ratified the Convention against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment, the 
     International Covenant on Civil and Political Rights, the 
     International Covenant on Economic, Social and Cultural 
     Rights, and the United Nations Convention against Corruption; 
     and
       (C) is bound by the legal obligations set forth in the 
     European Convention on Human Rights.
       (3) States voluntarily commit themselves to respect 
     obligations and responsibilities through the adoption of 
     international agreements and treaties, which must be observed 
     in good faith in order to maintain the stability of the 
     international order. Human rights are an integral part of 
     international law, and lie at the foundation of the 
     international order. The protection of human rights, 
     therefore, particularly in the case of a country that has 
     incurred obligations to protect human rights under an 
     international agreement to which it is a party, is not left 
     exclusively to the internal affairs of that country.
       (4) Good governance and anti-corruption measures are 
     instrumental in the protection of human rights and in 
     achieving sustainable economic growth, which benefits both 
     the people of the Russian Federation and the international 
     community through the creation of open and transparent 
     markets.
       (5) Systemic corruption erodes trust and confidence in 
     democratic institutions, the rule of law, and human rights 
     protections. This is the case when public officials are 
     allowed to abuse their authority with impunity for political 
     or financial gains in collusion with private entities.
       (6) The President of the Russian Federation, Dmitry 
     Medvedev, has addressed corruption in many public speeches, 
     including stating in his 2009 address to Russia's Federal 
     Assembly, ``[Z]ero tolerance of corruption should become part 
     of our national culture. . . . In Russia we often say that 
     there are few cases in which corrupt officials are 
     prosecuted. . . . [S]imply incarcerating a few will not 
     resolve the problem. But incarcerated they must be.''. 
     President Medvedev went on to say, ``We shall overcome 
     underdevelopment and corruption because we are a strong and 
     free people, and deserve a normal life in a modern, 
     prosperous democratic society.''. Furthermore, President 
     Medvedev has acknowledged Russia's disregard for the rule of 
     law and used the term ``legal nihilism'' to describe a 
     criminal justice system that continues to imprison innocent 
     people.
       (7) The systematic abuse of Sergei Magnitsky, including his 
     repressive arrest and torture in custody by the same officers 
     of the Ministry of the Interior of the Russian Federation 
     that Mr. Magnitsky had implicated in the embezzlement of 
     funds from the Russian Treasury and the misappropriation of 3 
     companies from his client, Hermitage, reflects how deeply the 
     protection of human rights is affected by corruption.
       (8) The denial by all state bodies of the Russian 
     Federation of any justice or legal remedies to Mr. Magnitsky 
     during the nearly 12 full months he was kept without trial in 
     detention, and the impunity of state officials he testified 
     against for their involvement in corruption and the carrying 
     out of his repressive persecution since his death, shows the 
     politically motivated nature of the persecution of Mr. 
     Magnitsky.
       (9) Mr. Magnitsky died on November 16, 2009, at the age of 
     37, in Matrosskaya Tishina Prison in Moscow, Russia, and is 
     survived by a mother, a wife, and 2 sons.
       (10) There is extensive evidence that public officials from 
     the Ministry of the Interior of the Russian Federation, the 
     Russian federal tax authorities, the Prosecutor General's 
     Office of the Russian Federation, and the Russian Federal 
     Security Service, as well as regional courts and the prison 
     system of the Russian Federation, have abused their powers 
     and positions to commit serious human rights violations, 
     embezzled funds from the Russian Treasury, and retaliated 
     against whistleblowers.
       (11) While he was in detention, Sergei Magnitsky called 
     himself a hostage of officials who misappropriated companies 
     from his client, the Hermitage Fund, and embezzled funds from 
     the Russian Treasury. He said that his criminal prosecution, 
     arrest, and detention were organized as a retribution by 
     police officers who had the full knowledge of his innocence.
       (12) The Public Oversight Commission of the City of Moscow 
     for the Control of the Observance of Human Rights in Places 
     of Forced Detention, an organization empowered by Russian law 
     to independently monitor prison conditions, concluded, ``A 
     man who is kept in custody and is being detained is not 
     capable of using all the necessary means to protect either 
     his life or his health. This is a responsibility of a state 
     which holds him captive. Therefore, the case of Sergei 
     Magnitsky can be described as a breach of the right to life. 
     The members of the civic supervisory commission have reached 
     the conclusion that Magnitsky had been experiencing both 
     psychological and physical pressure in custody, and the 
     conditions in some of the wards of Butyrka can be justifiably 
     called torturous. The people responsible for this must be 
     punished.''.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Admitted; alien; spouse.--The terms ``admitted'', 
     ``alien'', and ``spouse'' have the meanings given those terms 
     in section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)).
       (2) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Affairs and the Committee on 
     Financial Services of the House of Representatives; and
       (B) the Committee on Foreign Relations and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate.
       (3) Financial institution; domestic financial agency; 
     domestic financial institution.--The terms ``financial 
     institution'', ``domestic financial agency'', and ``domestic 
     financial institution'' have the meanings given those terms 
     in section 5312 of title 31, United States Code.
       (4) Parent.--The term ``parent'' has the meaning given that 
     term in section 101(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(b)).
       (5) United states person.--The term ``United States 
     person'' means--
       (A) a United States citizen or an alien lawfully admitted 
     for permanent residence to the United States; or
       (B) an entity organized under the laws of the United States 
     or of any jurisdiction within the United States, including a 
     foreign branch of such an entity.

     SEC. 4. IDENTIFICATION OF INDIVIDUALS RESPONSIBLE FOR THE 
                   DETENTION, ABUSE, AND DEATH OF SERGEI MAGNITSKY 
                   AND FOR THE CONSPIRACY TO DEFRAUD THE RUSSIAN 
                   FEDERATION OF TAXES ON CERTAIN CORPORATE 
                   PROFITS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of the Treasury, shall 
     publish a list of each individual the Secretary has reason to 
     believe--
       (1) is responsible for the detention, abuse, or death of 
     Sergei Magnitsky;
       (2) conspired to defraud the Russian Federation of taxes on 
     corporate profits through fraudulent transactions and 
     lawsuits against the foreign investment company known as 
     Hermitage and to misappropriate entities owned or controlled 
     by Hermitage; or
       (3) participated in efforts to conceal the detention, 
     abuse, or death of Sergei Magnitsky described in paragraph 
     (1) or the existence of the conspiracy described in paragraph 
     (2).
       (b) Updates.--The Secretary of State shall update the list 
     required by subsection (a) as new information becomes 
     available.
       (c) Notice.--The Secretary of State shall, to the maximum 
     extent practicable, provide notice and an opportunity for a 
     hearing to an individual before the individual is placed on 
     the list required by subsection (a).

     SEC. 5. INADMISSIBILITY OF CERTAIN INDIVIDUALS.

       (a) Ineligibility for Visas.--An alien is ineligible to 
     receive a visa to enter the United States and ineligible to 
     be admitted to the United States if the alien--
       (1) is an individual on the list required by section 4(a); 
     or
       (2) is the spouse, son, daughter, or parent of an 
     individual on that list.
       (b) Current Visas Revoked.--The Secretary of State shall 
     revoke, in accordance with section 221(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1201(i)), the visa or other 
     documentation of any alien who would be ineligible to receive 
     such a visa or documentation under subsection (a).
       (c) Waiver for National Interests.--The Secretary of State 
     may waive the application of subsection (a) or (b) in the 
     case of an alien if the Secretary determines that such a 
     waiver is in the national interests of the United States. 
     Upon granting such a waiver, the Secretary shall provide to 
     the appropriate congressional committees notice of, and a 
     justification for, the waiver.

     SEC. 6. FINANCIAL MEASURES.

       (a) Special Measures.--The Secretary of the Treasury shall 
     instruct domestic financial institutions and domestic 
     financial agencies to take 1 or more special measures 
     described in section 5318A(b) of title 31, United States 
     Code, if the Secretary of the Treasury makes a determination 
     under section 5318A of such title with respect to money 
     laundering relating to the conspiracy described in section 
     4(a)(2).
       (b) Freezing of Assets.--The Secretary of the Treasury 
     shall freeze and prohibit all transactions in all property 
     and interests in property of an individual that are in the 
     United States, that come within the United States, or that 
     are or come within the possession or control of a United 
     States person if the individual--

[[Page S7797]]

       (1) is on the list required by section 4(a); or
       (2) acts as an agent of or on behalf of an individual on 
     the list in a matter relating to an act described in 
     paragraph (1), (2), or (3) of section 4(a).
       (c) Waiver for National Interests.--The Secretary of the 
     Treasury may waive the application of subsection (a) or (b) 
     if the Secretary determines that such a waiver is in the 
     national interests of the United States. Upon granting such a 
     waiver, the Secretary shall provide to the appropriate 
     congressional committees notice of, and a justification for, 
     the waiver.
       (d) Regulatory Authority.--The Secretary of the Treasury 
     shall issue such regulations, licenses, and orders as are 
     necessary to carry out this section.
       (e) Enforcement.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of this 
     section or any regulation, license, or order issued to carry 
     out this section shall be subject to the penalties set forth 
     in subsections (b) and (c) of section 206 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1705) 
     to the same extent as a person that commits an unlawful act 
     described in subsection (a) of such section.

     SEC. 7. REPORT TO CONGRESS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State and the 
     Secretary of the Treasury shall submit to the appropriate 
     congressional committees a report on the actions taken to 
     carry out this Act.
       (b) Updates.--The Secretary of State and the Secretary of 
     the Treasury shall submit an updated version of the report 
     required by subsection (a) as new information becomes 
     available.

     SEC. 8. EFFECTIVE DATE.

       This Act shall take effect on the date that is 90 days 
     after the date of the enactment of this Act.

     SEC. 9. TERMINATION.

       The provisions of this Act shall cease to be effective on 
     the date on which the Secretary of State and the Secretary of 
     the Treasury certify to the appropriate congressional 
     committees that--
       (1) the Government of the Russian Federation has conducted 
     a thorough and impartial investigation into--
       (A) the detention, abuse, and resulting death in custody of 
     Sergei Magnitsky; and
       (B) the conspiracy (described in section 4(a)(2)) to 
     defraud the Russian Federation of taxes on corporate profits 
     and to misappropriate entities owned or controlled by 
     Hermitage; and
       (2) the investigation described in paragraph (1) was 
     properly conducted, transparent, and free of political 
     influence;
       (3) the individuals responsible for the detention, abuse, 
     or resulting death of Sergei Magnitsky or for the conspiracy 
     referred to in paragraph (1)(B) have been brought to justice 
     according to the laws of the Russian Federation and pursuant 
     to the international legal obligations of the Russian 
     Federation; and
       (4) the Government of the Russian Federation--
       (A) has taken significant steps to bring the criminal 
     justice system and penal system of the Russian Federation 
     into compliance with applicable international legal 
     standards;
       (B) has substantially strengthened statutory protections 
     for individuals who disclose evidence of illegal government 
     activities; and
       (C) has recognized the contribution of Sergei Magnitsky to 
     the fight against corruption and for the rule of law.
                                  ____

                                            Commission on Security


                                    and Cooperation in Europe,

                                   Washington, DC, April 26, 2010.
     Hon. Hillary Rodham Clinton,
     Secretary of State, Washington, DC.
       Dear Secretary Clinton: I am writing to request the 
     immediate cancelation of U.S. visas held by a number of 
     Russian officials and others who are involved in significant 
     corruption in that country and who are responsible for last 
     year's torture and death in prison of the Russian anti-
     corruption lawyer, Sergei Magnitsky, who testified against 
     them. While there are many aspects of this case which are 
     impossible to pursue here in the United States, one step we 
     can take, however, is to deny the individuals involved in 
     this crime and their immediate family members the privilege 
     of visiting our country. The United States has a clear policy 
     of denying entry to individuals involved in corruption, and 
     it is imperative that the U.S. Department of State act 
     promptly on this matter.
       By way of brief background, on June 23, 2009, the Helsinki 
     Commission heard testimony from the CEO of Hermitage Capital, 
     Bill Browder, about a major crime committed by senior 
     Interior Ministry officials in Russia, along with others in 
     the Russian government and private sector. The crime, which 
     involved a fraudulent $230 million tax refund paid to the 
     criminal group, was exposed by Hermitage's lawyer, Sergei 
     Magnitsky. Through Mr. Browder's testimony we heard about the 
     plight of Mr. Magnitsky, who, after discovering the crime, 
     chose to testify against the Interior Ministry officers who 
     had carried it out. One month after his testimony he was 
     arrested in front of his wife and two young children in his 
     Moscow home by a team of Interior Ministry troopers reporting 
     directly to the officers Mr. Magnitsky had accused.
       Since our June hearing, this story has taken a tragic turn 
     for the worse. As highlighted in the 2009 State Department 
     Country Report of Human Rights in Russia, Sergei Magnitsky 
     was tortured in an attempt to force him to withdraw his 
     testimony and to incriminate himself and his client. His 
     detailed letters from prison attest to the inhuman conditions 
     in which he was kept for nearly a year without a trial. 
     During the course of his imprisonment he developed gallstones 
     and pancreatitis, but was denied any medical attention as he 
     continued to refuse to withdraw his testimony. On the night 
     of November 16, 2009, he died awaiting trial.
       Sergei Magnitsky's family were denied an independent 
     autopsy by the Russian authorities, who claimed he died of 
     natural causes. Members of Moscow's independent Prison 
     Oversight Commission, a local watchdog group, described 
     Magnitsky's death as ``intentional'' and ``murder'' and 
     highlighted the role of government officials and prison 
     administrators in his torture. Since the death, a number of 
     prison officials have been fired, but no one has been 
     prosecuted for his torture or death, nor for participating in 
     the corruption he exposed.
       While there is a limit to the direct action our government 
     can take in this case, we can take the concrete action to 
     ensure those public officials and others who share 
     responsibility for this crime should be denied entry visas to 
     the United States. As you know, the United States has the 
     policy of prohibiting individuals involved in corruption from 
     visiting our country, and the State Department is mandated by 
     the President to achieve this aim. Pursuant to Presidential 
     Proclamation 7750 (``To Suspend Entry as Immigrants or 
     Nonimmigrants of Persons Engaged in or Benefiting From 
     Corruption'' (12 January 2004)).
       The colleagues of Sergei Magnitsky and his attorneys have 
     provided to the Helsinki Commission a list of those 
     individuals involved in the $230 million tax refund fraud and 
     the subsequent torture and death of Sergei Magnitsky. The 
     list includes senior officials from the Russian Interior 
     Ministry, Federal Security Service, Federal Tax Service, 
     Arbitration Courts, General Prosecutor Office, and Federal 
     Prison Service, along with detailed descriptions of their 
     involvement.
       On this basis, I urge you to immediately cancel and 
     permanently withdraw the U.S. visa privileges of all those 
     involved in this crime, along with their dependents and 
     family members. Doing so will provide some measure of justice 
     for the late Mr. Magnitsky and his surviving family and will 
     send an important message to corrupt officials in Russia and 
     elsewhere that the U.S. is serious about combating foreign 
     corruption and the harm it does. It will also help to protect 
     U.S. companies operating in Russia who risk falling prey to 
     similar schemes in the future.
           Sincerely,
                                               Benjamin L. Cardin,
                                                         Chairman.
                                 ______
                                 
      By Mr. PRYOR (for himself and Mr. Alexander):
  S. 3884. A bill to require the use of electronic on-board recording 
devices in motor carriers to improve compliance with hours of service 
regulations; to the Committee on Commerce, Science, and Transportation.
  Mr. PRYOR. Mr. President, I come to the floor today to introduce 
legislation with Senator Alexander of Tennessee that I believe will 
have a dramatic impact on the safety of our Nation's highways and 
interstates, called the Commercial Driver Compliance Improvement Act. 
This bill will require the Department of Transportation's Federal Motor 
Carrier Safety Administration, FMCSA, to implement regulations 
requiring the use of electronic on-board recording devices, EOBRs, for 
motor carriers in order to improve compliance with Hours-of-Service, 
HOS, regulations. Requiring the use of these technologies in motor 
carriers will not only improve compliance with HOS regulations, but it 
will also reduce the number of fatigued commercial motor vehicle 
drivers on the road. This will have a profound impact on highway safety 
and reduce accidents and fatalities on our highways and interstates.
  Hours-of-Service regulations place limits on when and how long 
commercial motor vehicle drivers may drive. These regulations are based 
on an exhaustive scientific review and are designed to ensure truck 
drivers get the necessary rest to drive safely. In developing HOS rules 
the FMCSA reviewed existing fatigue research and worked with 
nongovernmental organizations like the Transportation Research Board of 
the National Academies and the National Institute for Occupational 
Safety. HOS regulations are designed to continue the downward trend in 
truck driving fatalities and maintain motor carrier operational 
efficiencies.
  Unfortunately, compliance with HOS regulations is often spotty due to 
inaccurate reporting by drivers as they are

[[Page S7798]]

only required to fill out a paper log, a tracking method that dates 
back to the 1930s. Inaccurate reporting may result from an honest 
mistake or an intentional error by a driver seeking to extend his work 
day. These inaccuracies can lead to too much time on the road leaving 
the driver fatigued and placing other drivers at risk. After listening 
to the many interest groups and experts on this issue in meetings and 
Commerce, Science and Transportation Committee hearings, I have come to 
learn that there is an available and affordable 21st century technology 
that can ensure accurate logs, enhance compliance, and reduce the 
number of fatigued drivers on the road. They are being used today, and 
they are producing results. I believe that widespread utilization of 
these devices as soon as possible will significantly reduce further 
loss of life resulting from driver fatigue.
  Our legislation will require motor carriers to install in their 
trucks an electronic device that performs multiple tasks to ensure 
compliance with HOS regulations. These devices must be engaged to the 
truck engine control module and capable of identifying the driver 
operating the truck, recording a driver's duty status, and monitoring 
the location and movement of the vehicle. Requiring electronic log 
books that are integrally connected to the vehicle engine as this bill 
requires will dramatically increase the accuracy of information 
submitted for hours of service compliance. Our bill will also require 
these recording devices to be tamper resistant and fully accessible by 
law enforcement personnel and federal safety regulators only for 
purposes of enforcement and compliance reviews.

  While I understand that some drivers may be reluctant to transition 
to electronic logging devices, I strongly believe that the safety 
benefits of the use of these devices far outweigh the costs. I don't 
want to see more lives lost due to driver fatigue resulting from log 
book manipulation. I also believe that with the rapid development of 
electronic technology, especially in the wireless telecommunications 
area, we will see strong competition among EOBR manufacturers and 
reduced costs for these technologies. In addition, the price of these 
products should go down as the demand increases through regulatory 
requirement to utilize this equipment.
  In order to protect the privacy of the driver, an issue which I know 
is a major concern among truck drivers, this legislation would 
explicitly provide privacy protections for use of information beyond 
enforcement and compliance monitoring. Ownership of data is protected 
for the owner of the vehicle or the person entitled to possession of 
the vehicle as the lessee.
  Senator Alexander and I are not alone in calling for this technology 
to be more widely used by commercial vehicles. There are a number of 
Senators, including Senator Lautenberg, who have long been strong 
proponents of implementing the use of this technology. In addition, 
multiple federal agencies and nongovernmental organizations have 
recognized the benefits of this technology and called for its 
widespread use.
  For example, Mr. Francis France of the Commercial Vehicle Safety 
Alliance witness stated at the April 28, 2010, Senate Committee on 
Commerce, Science, and Transportation hearing on Oversight of Motor 
Carrier Safety Efforts that:

       All motor vehicles should be equipped with EOBRs to better 
     comply with Hours of Service laws . . . CVSA has been working 
     with a broad partnership to help provide guidance to achieve 
     uniform performance standards for EOBRs.

  Similarly, the Chairman of the National Transportation Safety Board, 
the Honorable Deborah Hersman, stated at the same hearing that:

       For the past 30 years, the NTSB has advocated the use of 
     onboard data recorders to increase Hours of Service 
     compliance . . . the NTSB recommended that they be required 
     on all commercial vehicles.

  During the same hearing, Ms. Jacqueline S. Gillan, with the Advocates 
for Highway and Auto Safety stated that:

       We regard the mandatory, universal installation and use of 
     EOBRs as crucial to stopping the epidemic of hours of service 
     violations that produce fatigued, sleep-deprived commercial 
     drivers . . . at very high risk of serious injury and fatal 
     crashes.

  I have also heard from Administrator Ferro of the FMCSA on her 
thoughts of how EOBRs would enhance compliance and improve highway 
safety. The FMCSA recently implemented a rule to require that these 
devices be mandated for truck drivers and trucking companies that have 
been found to be noncompliant with FMCSA rules. These rules will be 
effective in June 2012. It is my understanding that they are looking to 
expand these requirements to include more motor carriers, and I support 
those efforts as they reflect the qualities and intent of this 
legislation.
  Finally, in addition to the support from safety advocates and Federal 
transportation safety officials, I have also heard from a number of 
Arkansas trucking companies currently utilizing this technology. These 
companies have experienced reductions in driver fatigue, increases in 
compliance, and reductions in insurance premiums. The executives of 
these companies, which include J.B. Hunt and Maverick U.S.A. among 
others, support the expanded use of these devices to increase 
compliance, improve highway safety, and level the playing field among 
the industry. I agree with their views on the importance of widespread 
utilization of this safety and compliance device.
  The Commercial Driver Compliance Improvement Act, if enacted, will 
require the Department of Transportation to issue regulations within 18 
months from enactment to require commercial motor vehicles used in 
interstate commerce to be equipped with electronic onboard recorders 
for purposes of improving compliance with hours of service regulations. 
The regulation will apply to commercial motor carriers, commercial 
motor vehicles, and vehicle operators subject to both hours of service 
and record of duty status requirements three years after the date of 
enactment of this act. This population represents a vast majority of 
drivers and carriers who operate trucks weighing 10,001 pounds or more 
involved in interstate commerce. It will cover one hundred percent of 
over-the-road, long-haul truck drivers.
  I urge my colleagues in the Senate to recognize the importance of 
this technology in saving lives on our nation's highways and 
interstates. I also ask for their support for this legislation and help 
in moving it to the President as quickly as possible. While I 
understand our time in the 111th Congress is quickly shrinking as the 
number of legislative days are limited, it is my hope that we move this 
legislation through the Senate no later than the Surface Transportation 
Reauthorization legislation that the Senate will take up in the near 
future.
  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. 3884

       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 ``Commercial Driver Compliance 
     Improvement Act''.

     SEC. 2. ELECTRONIC ON-BOARD RECORDING DEVICES.

       (a) Amendments.--Subchapter III of chapter 311 of title 49, 
     United States Code, is amended--
       (1) in section 31132--
       (A) by redesignating paragraphs (2) through (11) as 
     paragraphs (4) through (13), respectively; and
       (B) by inserting after paragraph (1) the following:
       ``(2) `driving time' has the meaning given such term under 
     section 395.2 of title 49, Code of Federal Regulations.
       ``(3) `electronic on-board recording device' means an 
     electronic device that--
       ``(A) is capable of recording a driver's duty hours of 
     service and duty status accurately and automatically; and
       ``(B) meets the requirements under section 395.16(b) of 
     title 49, Code of Federal Regulations.''; and
       (2) in section 31137--
       (A) in the section heading by striking ``Monitoring 
     device'' and inserting ``Electronic on-board recording 
     devices''; and
       (B) by amending subsection (a) to read as follows:
       ``(a) Electronic On-board Recording Devices.--
       ``(1) Requirement.--All commercial motor vehicles involved 
     in interstate commerce and subject to both the hours of 
     service and the record of duty status requirements under part 
     395 of title 49, Code of Federal Regulations, shall be 
     equipped with an electronic on-board recording device to 
     improve compliance with hours of service regulations under 
     such part.

[[Page S7799]]

       ``(2) Limitations of information retrieval.--
       ``(A) In general.--Data recorded by an electronic on-board 
     recording device that meets the requirements under part 395 
     of title 49, Code of Federal Regulations, is not admissible 
     in any civil, criminal, or administrative proceeding for any 
     purpose other than establishing compliance or noncompliance 
     with the applicable Federal hours-of-service rules governing 
     the maximum driving time and minimum off-duty time applicable 
     to motor carriers and drivers.
       ``(B) Applicability to civil and criminal proceedings.--The 
     prohibition under subparagraph (A) shall apply to any civil 
     or criminal action or proceeding, whether in Federal or State 
     court, and to any administrative action, whether by Federal 
     or State authorities, unless--
       ``(i) the owner consents to the retrieval of the 
     information; or
       ``(ii) the information--

       ``(I) is retrieved by a government motor vehicle safety 
     agency or law enforcement agency to determine compliance with 
     hours of service regulations under part 395 of title 49, Code 
     of Federal Regulations, and enforcing penalties for violating 
     hours of service regulations under such part; and
       ``(II) is not used by any person or entity other than a 
     government motor vehicle agency for the purposes set forth in 
     subclause (I) without owner consent.

       ``(C) Defined term.--In this paragraph, the term `owner' 
     means a person or entity--
       ``(i) in whose name the motor vehicle, which is equipped 
     with the device from which the data is retrieved, is 
     registered or titled; or
       ``(ii) entitled to possession of the motor vehicle as 
     lessee pursuant to a written lease or rental agreement.''.
       (b) Effective Date.--The amendments made under subsection 
     (a) shall take effect on the effective date of the final 
     regulations prescribed by the Secretary of Transportation 
     pursuant to section 3.

     SEC. 3. RULEMAKING.

       (a) In General.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall prescribe final regulations to carry out section 31137 
     of title 49, United States Code, as amended by section 2.
       (b) Performance and Design Standards.--The regulations 
     prescribed by the Secretary under this section shall 
     establish performance and design standards that require each 
     electronic on-board recording device--
       (1) to be integrally linked or communicate with the 
     vehicle's engine control module;
       (2) to identify each individual who operates the vehicle;
       (3) to accurately record driving time;
       (4) to provide real-time tracking of the vehicle's 
     location;
       (5) to enable law enforcement personnel to access the 
     information contained in the device during roadside 
     inspections; and
       (6) to be tamper resistant.
       (c) Additional Requirements.--The regulations prescribed by 
     the Secretary under this section shall--
       (1) define a standardized user interface to aid vehicle 
     operator compliance and law enforcement reviews;
       (2) establish a secure process for standardized and unique 
     vehicle operator identification, data access, data transfer 
     for vehicle operators between motor vehicles, data storage 
     for motor carriers, and data transfer and transportability 
     for law enforcement;
       (3) establish a standard security level for electronic on-
     board recording devices to be tamper resistant; and
       (4) establish a process for approving eligible electronic 
     on-board recorder systems.
       (d) Effective Date; Applicability.--The regulations 
     prescribed under this section shall apply to all motor 
     carriers, commercial motor vehicles, and vehicle operators 
     subject to both the hours of service and the record of duty 
     status requirements under part 395 of title 49, Code of 
     Federal Regulations, beginning on the date that is 3 years 
     after the date of the enactment of this Act.
                                 ______
                                 
      By Mr. LIEBERMAN:
  S. 3885. A bill to provide incentives for States and local 
educational agencies to implement comprehensive reforms and innovative 
strategies that are designed to lead to significant improvement in 
outcomes for all students and significant reductions in achievement 
gaps among subgroups of students, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce the Race to 
the Top Act of 2010. Congressman Jared Polis is introducing companion 
legislation in the House today. The Race to the Top Act will authorize 
the continuation of the highly successful Race to the Top, RTTT, 
program which was established by the American Recovery and Reinvestment 
Act, and expand that program to school districts. RTTT calls for 
competitive grants from states and school districts that invest in bold 
educational reforms designed to bring about significant improvement in 
academic outcomes for all students and significant reductions in 
achievement gaps. Our bill will authorize the act for 2011 and the 
succeeding 5 years.
  When No Child Left Behind, NCLB, was signed into law 9 years ago, we 
made a national commitment to fix our educational system--a system in 
which low-income minority students were performing significantly below 
their higher-income peers. We made a commitment to bring an end to 
unacceptable achievement gaps and to ensure that each and every child--
regardless of race, nationality or family income--could succeed in our 
public schools and graduate with the skills necessary for success in 
college or the workforce. Despite the commitments we made, unacceptable 
achievement gaps persist in our country today. Still today our public 
schools are not preparing our students to succeed in college and the 
workforce. Each year, 30 percent of American students fail to receive 
their high school diploma on time, and graduation rates are 
consistently lower for minority students. One-third of our students who 
do graduate from high school are not college ready, and in 
international standardized tests involving students from 30 nations, 
14-year-olds in the United States rank 25th in mathematics and 21st in 
science. Improving public education and closing student achievement 
gaps remains one of the most important issues of our time. We have made 
some progress, but until we have equal and excellent educational 
opportunities for all of our children, regardless of ethnicity or 
income, we have not done our job. While, in many ways, NCLB moved us in 
the right direction, it needs to be updated. I believe the time is long 
overdue for Congress to tackle reauthorization of the Elementary and 
Secondary Education Act, which was the underlying law to NCLB, and 
continuing the Race to the Top program should be part of this debate.
  The positive impact of RTTT, in a very short period of time, is 
evident and impressive. We have engaged states, school districts, 
unions, teachers, parents, and students in the mission of a better 
education for all of our children. RTTT has without a doubt helped to 
focus the country's attention on school reform.
  The competition for RTTT money has already had a significant impact 
on state and local educational policies across the nation. It has 
incentivized states to implement high, internationally benchmarked, 
core standards and to create a positive climate for public charter 
schools. RTTT recognizes the essential role teachers play in education 
and has prompted states to get serious about teacher effectiveness, 
distribution, evaluation, and accountability. And RTTT has prompted 
states to improve policies aimed at turning around America's lowest 
performing schools. In sum, RTTT has encouraged states to make real 
progress towards closing the unacceptable achievement gaps that persist 
and to improve the state of public education for all students.

  Under Race to the Tops: 46 States and DC developed statewide reform 
plans; 15 States changed laws to increase their ability to intervene in 
their lowest performing schools; 22 States enacted laws to improve 
teacher quality, including alternative certification, effectiveness and 
evaluation systems; 36 States and DC have adopted high college- and 
career-ready standards; 15 States have altered laws or policies to 
create or expand the number of charter schools.
  RTTT is working. We know it is benefiting states that were successful 
in receiving funds but it is also working for states that did not 
receive funds, simply because those states have already enacted changes 
that will improve education. Many States remain committed to their new 
educational reforms regardless of their success in achieving RTTT 
funding. Students in many States will be better off because of the 
important policy changes enacted as a result of RTTT. Rarely have we 
witnessed so much change in educational policy in such a short period 
of time.
  I know some officials in my home state, Connecticut, were 
disappointed about not being selected as a RTTT winner. But I do 
believe the children in Connecticut were winners because we have 
strengthened our state laws, policies, and curriculum to lift our 
charter school caps, improve STEM education,

[[Page S7800]]

and strengthen our teacher evaluation process. I commend the state and 
local leaders that collaborated in the process. If we continue the RTTT 
program, as our bill would do, more States, and now districts, will be 
winners and we can continue this movement towards important educational 
reform.
  RTTT has been an effective catalyst for educational reform and has 
encouraged all stakeholders in states to come together and work 
together to improve state agendas. It is essential that we keep the 
momentum of the first two waves of Race to the Top moving forward. 
Since our goal is to make all schools high quality schools, the real 
winner in the RTTT competition will be the students across America.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objecion, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3885

       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 ``Race to the Top Act of 
     2010''.

     SEC. 2. RACE TO THE TOP.

       (a) In General.--Title VI of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7301 et seq.) is amended--
       (1) by redesignating part C as part D;
       (2) by redesignating sections 6301 and 6302 as sections 
     6401 and 6402, respectively; and
       (3) by inserting after part B the following:

                       ``PART C--RACE TO THE TOP

     ``SEC. 6301. PURPOSES.

       ``The purposes of this part are to--
       ``(1) provide incentives for States and local educational 
     agencies to implement comprehensive reforms and innovative 
     strategies that are designed to lead to--
       ``(A) significant improvements in outcomes for all 
     students, including improvements in student achievement, 
     secondary school graduation rates, postsecondary education 
     enrollment rates. and rates of postsecondary education 
     persistence; and
       ``(B) significant reductions in achievement gaps among 
     subgroups of students; and
       ``(2) encourage the broad identification, adoption, use, 
     dissemination, replication, and expansion of effective State 
     and local policies and practices that lead to significant 
     improvement in outcomes for all students, and the elimination 
     of those policies and practices that are not effective in 
     improving student outcomes.

     ``SEC. 6302. RESERVATION OF FUNDS.

       ``From the amounts made available under section 6308 for a 
     fiscal year, the Secretary may reserve not more than 10 
     percent to carry out activities related to technical 
     assistance, monitoring, outreach, dissemination, and prize 
     awards that support the purposes of this part.

     ``SEC. 6303. PROGRAM AUTHORIZED.

       ``(a) In General.--From the amounts made available under 
     section 6308 for a fiscal year and not reserved under section 
     6302, the Secretary shall award grants, on a competitive 
     basis, to States or local educational agencies, or both, in 
     accordance with section 6304(b), to enable the States or 
     local educational agencies to carry out the purposes of this 
     part.
       ``(b) Grant and Subgrant Eligibility Limitations.--
       ``(1) ARRA state incentive grants.--A State that has 
     received a grant under section 14006 of division A of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 283) may not receive a grant under this part 
     during the period of its grant under such section.
       ``(2) Number of grants.--A State or local educational 
     agency may not receive more than 1 grant under this part per 
     grant period.
       ``(3) Number of subgrants.--A local educational agency may 
     receive 1 grant and 1 subgrant under this part for the same 
     fiscal year.
       ``(c) Duration of Grants.--
       ``(1) In general.--A grant under this part shall be awarded 
     for a period of not more than 4 years.
       ``(2) Continuation of grants.--A State or local educational 
     agency that is awarded a grant under this part shall not 
     receive grant funds under this part for the second or any 
     subsequent year of the grant unless the State or local 
     educational agency demonstrates to the Secretary, at such 
     time and in such manner as determined by the Secretary, that 
     the State or local educational agency, respectively, is--
       ``(A) making progress in implementing the plan under 
     section 6304(a)(3) at a rate that the Secretary determines 
     will result in the State or agency fully implementing such 
     plan during the remainder of the grant period; or
       ``(B) making progress against the performance measures set 
     forth in section 6305 at a rate that the Secretary determines 
     will result in the State or agency reaching its targets and 
     achieving the objectives of the grant during the remainder of 
     the grant period.

     ``SEC. 6304. APPLICATIONS.

       ``(a) Applications.--Each State or local educational agency 
     that desires to receive a grant under this part shall submit 
     an application to the Secretary at such time, in such manner, 
     and containing such information as the Secretary may 
     reasonably require. At a minimum, each such application shall 
     include--
       ``(1) documentation of the applicant's record, as 
     applicable--
       ``(A) in increasing student achievement, including for all 
     subgroups described in section 1111(b)(2)(C)(v)(II);
       ``(B) in decreasing achievement gaps, including for all 
     subgroups described in section 1111(b)(2)(C)(v)(II);
       ``(C) in increasing secondary school graduation rates, 
     including for all subgroups described in section 
     1111(b)(2)(C)(v)(II);
       ``(D) in increasing postsecondary education enrollment and 
     persistence rates, including for all subgroups described in 
     section 1111(b)(2)(C)(v)(II); and
       ``(E) with respect to any other performance measure 
     described in section 6305 that is not included in 
     subparagraphs (A) through (D);
       ``(2) evidence of conditions of innovation and reform that 
     the applicant has established and the applicant's proposed 
     plan for implementing additional conditions for innovation 
     and reform, including--
       ``(A) a description of how the applicant has identified and 
     eliminated ineffective practices in the past and the 
     applicant's plan for doing so in the future;
       ``(B) a description of how the applicant has identified and 
     promoted effective practices in the past and the applicant's 
     plan for doing so in the future; and
       ``(C) steps the applicant has taken and will take to 
     eliminate statutory, regulatory, procedural, or other 
     barriers and to facilitate the full implementation of the 
     proposed plan under this paragraph;
       ``(3) a comprehensive and coherent plan for using funds 
     under this part, and other Federal, State, and local funds, 
     to improve the applicant's performance on the measures 
     described in section 6305, consistent with criteria set forth 
     by the Secretary, including how the applicant will, if 
     applicable--
       ``(A) improve the effectiveness of teachers and school 
     leaders, and promote equity in the distribution of effective 
     teachers and school leaders, in order to ensure that low-
     income and minority children are not taught by ineffective 
     teachers, and are not in schools led by ineffective leaders, 
     at higher rates than other children;
       ``(B) strengthen the use of high-quality and timely data to 
     improve instructional practices, policies, and student 
     outcomes, including teacher evaluations;
       ``(C) implement internationally benchmarked, college- and 
     career-ready elementary and secondary academic standards, 
     including in the areas of assessment, instructional 
     materials, professional development, and strategies that 
     translate the standards into classroom practice;
       ``(D) turn around the persistently lowest-achieving 
     elementary schools and secondary schools served by the 
     applicant;
       ``(E) support or coordinate with early learning programs 
     for high-need children from birth through grade 3 to improve 
     school readiness and ensure that students complete grade 3 on 
     track for school success; and
       ``(F) create or maintain successful conditions for high-
     performing charter schools and other innovative, autonomous 
     public schools;
       ``(4)(A) in the case of an applicant that is a State--
       ``(i) evidence of collaboration between the State, its 
     local educational agencies, schools (as appropriate), 
     parents, teachers, and other stakeholders, in developing the 
     plan described in paragraph (3), including evidence of the 
     commitment and capacity to implement the plan; and
       ``(ii)(I) the names of the local educational agencies the 
     State has selected to participate in carrying out the plan; 
     or
       ``(II) a description of how the State will select local 
     educational agencies to participate in carrying out the plan; 
     or
       ``(B) in the case of an applicant that is a local 
     educational agency, evidence of collaboration between the 
     local educational agency, schools, parents, teachers, and 
     other stakeholders, in developing the plan described in 
     paragraph (3), including evidence of the commitment and 
     capacity to implement the plan;
       ``(5) the applicant's annual performance measures and 
     targets, consistent with the requirements of section 6305; 
     and
       ``(6) a description of the applicant's plan to conduct a 
     rigorous evaluation of the effectiveness of activities 
     carried out with funds under this part.
       ``(b) Criteria for Evaluating Applications.--
       ``(1) Award basis.--The Secretary shall award grants under 
     this part on a competitive basis, based on the quality of the 
     applications submitted under subsection (a), including--
       ``(A) each applicant's record in the areas described in 
     subsection (a)(1);
       ``(B) each applicant's record of, and commitment to, 
     establishing conditions for innovation and reform, as 
     described in subsection (a)(2);
       ``(C) the quality and likelihood of success of each 
     applicant's plan described in subsection (a)(3) in showing 
     improvement in the areas described in subsection (a)(1), 
     including each applicant's capacity to implement the plan and 
     evidence of collaboration as described in subsection (a)(4); 
     and
       ``(D) each applicant's evaluation plan as described in 
     subsection (a)(6).

[[Page S7801]]

       ``(2) Explanation.--The Secretary shall publish an 
     explanation of how the application review process under this 
     section will ensure an equitable and objective evaluation 
     based on the criteria described in paragraph (1).
       ``(c) Priority.--In awarding grants to local educational 
     agencies under this part, the Secretary shall give priority 
     to--
       ``(1) local educational agencies with the highest numbers 
     or percentages of children from families with incomes below 
     the poverty line; and
       ``(2) local educational agencies that serve schools 
     designated with a school locale code of 41, 42, or 43.

     ``SEC. 6305. PERFORMANCE MEASURES.

       ``Each State and each local educational agency receiving a 
     grant under this part shall establish performance measures 
     and targets, approved by the Secretary, for the programs and 
     activities carried out under this part. These measures shall, 
     at a minimum, track the State's or local educational agency's 
     progress in--
       ``(1) implementing its plan described in section 
     6304(a)(3); and
       ``(2) improving outcomes for all subgroups described in 
     section 1111(b)(2)(C)(v)(II) including, as applicable, by--
       ``(A) increasing student achievement;
       ``(B) decreasing achievement gaps;
       ``(C) increasing secondary school graduation rates;
       ``(D) increasing postsecondary education enrollment and 
     persistence rates;
       ``(E)(i) improving the effectiveness of teachers and school 
     leaders, increasing the retention of effective teachers and 
     school leaders; and
       ``(ii) promoting equity in the distribution of effective 
     teachers and school leaders in order to ensure that low-
     income and minority children are not taught by ineffective 
     teachers, and are not in schools led by ineffective leaders, 
     at higher rates than other children; and
       ``(F) making progress on any other measures identified by 
     the Secretary.

     ``SEC. 6306. USES OF FUNDS.

       ``(a) Grants to States.--Each State that receives a grant 
     under this part shall use--
       ``(1) not less than 50 percent of the grant funds to make 
     subgrants to the local educational agencies in the State that 
     participate in the State's plan under section 6304(a)(3), 
     based on such local educational agencies' relative shares of 
     funds under part A of title I for the most recent year for 
     which those data are available; and
       ``(2) not more than 50 percent of the grant funds for any 
     purpose included in the State's plan under section 
     6304(a)(3).
       ``(b) Grants to Local Educational Agencies.--Each local 
     educational agency that receives a grant under this part 
     shall use the grant funds for any purpose included in the 
     local educational agency's plan under section 6304(a)(3).
       ``(c) Subgrants to Local Educational Agencies.--Each local 
     educational agency that receives a subgrant under this part 
     from a State shall use the subgrant funds for any purpose 
     included in the State's plan under section 6304(a)(3).

     ``SEC. 6307. REPORTING.

       ``(a) Annual Reports.--A State or local educational agency 
     that receives a grant under this part shall submit to the 
     Secretary, at such time and in such manner as the Secretary 
     may require, an annual report including--
       ``(1) data on the State's or local educational agency's 
     progress in achieving the targets for the performance 
     measures established under section 6305;
       ``(2) a description of the challenges the State or agency 
     has faced in implementing its program and how it has 
     addressed or plans to address those challenges; and
       ``(3) findings from the evaluation plan as described in 
     section 6304(a)(6).
       ``(b) Local Reports.--Each local educational agency that 
     receives a subgrant from a State under this part shall submit 
     to the State such information as the State may require to 
     complete the annual report required under subsection (a).

     ``SEC. 6308. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part $1,350,000,000 for fiscal year 2011 and such sums as may 
     be necessary for each of the 5 succeeding fiscal years.''.
       (b) Conforming Amendments.--The table of contents for the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C.7301 
     et seq.) is amended--
       (1) by striking the items relating to part C of title VI; 
     and
       (2) by inserting after the item relating to section 6234 
     the following:

                       ``Part C--Race to the Top

``Sec. 6301. Purposes.
``Sec. 6302. Reservation of funds.
``Sec. 6303. Program authorized.
``Sec. 6304. Applications.
``Sec. 6305. Performance measures.
``Sec. 6306. Uses of funds.
``Sec. 6307. Reporting.
``Sec. 6308. Authorization of appropriations.

                      ``Part D--General Provisions

``Sec. 6401. Prohibition against Federal mandates, direction, or 
              control.
``Sec. 6402. Rule of construction on equalized spending.''.
                                 ______
                                 
      By Mr. FRANKEN (for himself and Mr. LeMieux):
  S. 3888. A bill to make improvements to the Fair Debt Collection 
Practices Act, and for other purposes; to the Committee on Banking, 
Housing, and Urban Affairs.
  Mr. FRANKEN. Mr. President, we have big problems in the debt 
collection industry that are long overdue in being addressed. Before I 
even begin, I wish to preface my remarks by saying when someone takes 
out a loan, they ought to pay it back. I have no intention of making it 
easier for people to skip out on legitimate debts. But we also cannot 
sit idly by as debt collectors prey on good people who have always 
tried to do the right thing.
  In 1977, by my calculations 33 years ago, Congress passed the Fair 
Debt Collection Practices Act to protect consumers from abusive 
practices by debt collectors. But times have changed and that law needs 
updating.
  Congress did not foresee the abuses that would arise as the growing 
debt collection industry found ways around the intent of the law to 
make a profit on the backs of hard-working Americans. All around our 
country, there are numerous stories of people being taken advantage of 
by unscrupulous debt collectors. The debt collectors do not let the law 
or common decency stop them from doing whatever it takes for them to 
make a buck.
  Those abuses include nasty and harassing calls, including the use of 
racial slurs and going after innocent people for debts they do not owe. 
In my State alone, and you can find similar stories from all over the 
country, consumers have been subjected to endless collection attempts 
over debts they do not recognize or debts they do not believe ever 
existed, debts that have already been paid, debts owed by different 
people, and debts that have been dramatically inflated.
  Just this week, I met a man from Minnesota who was repeatedly 
harassed by debt collectors for a debt he did not owe. And in spite of 
the evidence he provided, it did not stop until he got a lawyer. Debt 
collectors have time and money on their side, and now some are even 
exploiting scarce law enforcement resources to go after unsuspecting 
Minnesotans. Debt collection firms are preying on people with good 
intentions. But without the time and money to figure out their rights 
and to fight back, this is basically a David and Goliath situation, but 
here, usually Goliath is the one that wins.
  For some people, this bad situation spirals into an even worse 
nightmare. The problems in the debt collection industry first came to 
my attention in June, when my hometown newspaper, the Star Tribune, 
began a series on the subject about the story about the Minnesotans who 
have landed in jail because debt collectors were pursuing them for a 
debt.
  One woman who told her story, a Minneapolis resident, spent a full 
day in jail over a $250 credit card debt. During that day she was 
treated like a criminal, groped by an inmate, and offered drugs by 
another, and slept in a room with a dozen other women, sharing a toilet 
with no privacy.
  Here is what she told the newspaper.

       We hear every day about how there is no money for public 
     services. But it seems like the collectors have found a way 
     to get the police to do their work.

  She is right. These rogue debt collectors are gaming the system and 
using law enforcement resources for the sole purpose of corporate 
profit. Then there is the story of a woman from Richfield, MN, a suburb 
south of Minneapolis, who was arrested one day recently because she had 
defaulted on a credit card in 2006. A debt-buying company had bought up 
her old credit card debt and started sending collection notices. But 
she ignored them because she had never heard of that company. The next 
thing you know, she was stopped on the road and arrested.
  This harassment and abuse needs to be stopped. That is why Senator 
LeMieux and I are introducing the End Debt Collector Abuse Act, which 
would forbid debt collectors from seeking the arrest of a consumer in 
pursuit of payment. The court can initiate it, just not the debt 
collector.
  It would also require the debt collectors to provide consumers with, 
get this, basic information upfront such as an itemization of 
principle, fees, and interest that make up the debt, so that consumers 
can recognize a debt, determine whether the collectors' claim is 
accurate, and exercise their rights.

[[Page S7802]]

  This bill will also require the debt collectors provide the name of 
the original creditor upfront so we can avoid cases such as that women 
from Richfield, who received collection notices from a company she had 
never heard of and, quite reasonably, ignored them. It is just common 
sense to make sure that debt collectors provide this sort of basic 
information upfront so these misunderstandings do not happen.
  In the case a consumer does identify an inaccuracy with a debt claim, 
some debt collectors currently do little or nothing in terms of 
investigating whether the consumer's dispute is correct. For that 
reason, this bill would require the collectors conduct a thorough 
investigation when a consumer contacts them about a mistake. The 
collector would then have to provide the consumer with specific 
evidence about the dispute.
  Finally, the End Debt Collector Abuse Act would increase the 
penalties for violating consumer rights in order to crack down on the 
rogue debt collectors who have been blatantly and willfully ignoring 
current Federal prohibitions against harassing calls and other abusive 
practices.
  In this tough economy, Minnesotans are suffering enough right now and 
they deserve to have the basic protections against abusive debt 
collective practices. I urge my colleagues to join Senator LeMieux and 
me in supporting this bill so we can stop the abuse and harassment of 
hard-working Americans by rogue debt collection firms.
  Mr. President, I ask unanimous consent that the text of the bill and 
a list of supports be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3888

       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 ``End Debt Collector Abuse Act 
     of 2010''.

     SEC. 2. ENHANCED VALIDATION NOTICES.

       (a) In General.--Section 809(a) of the Fair Debt Collection 
     Practices Act (15 U.S.C. 1692g(a)) is amended--
       (1) in paragraph (4), by striking ``and'' at the end; and
       (2) by striking paragraph (5) and inserting the following:
       ``(5) the date of the last payment to the creditor on the 
     subject debt by the consumer and the amount of the debt at 
     the time of default;
       ``(6) the name and address of the last person to extend 
     credit with respect to the debt;
       ``(7) an itemization of the principal, fees, and interest 
     that make up the debt and any other charges added after the 
     date of the last payment to the creditor;
       ``(8) a description of the rights of the consumer--
       ``(A) to request that the debt collector cease 
     communication with the consumer under section 805(c); and
       ``(B) to have collection efforts stopped under subsection 
     (b); and
       ``(9) the name and contact information of the person 
     responsible for handling complaints on behalf of the debt 
     collector.''.
       (b) Effective Date.--This section and the amendments made 
     by this section shall become effective 1 year after the date 
     of enactment of this Act.

     SEC. 3. DISPUTE INVESTIGATIONS AND VERIFICATION.

       Section 809(b) of the Fair Debt Collection Practices Act 
     (15 U.S.C. 1692g(b)) is amended--
       (1) by inserting after ``(b)'' the following: ``Disputed 
     Debts.--
       ``(1) In general.--''; and
       (2) by striking ``Collection activities'' and inserting the 
     following:
       ``(2) Reasonable investigation and verification required.--
     Upon receipt of a notification under paragraph (1) that a 
     debt is disputed by the consumer, the debt collector shall 
     undertake a thorough investigation of the substance of the 
     dispute, and shall timely provide to the consumer specific 
     responsive information and verification of the disputed debt.
       ``(3) Collection activities.--Collection activities''.

     SEC. 4. AWARD OF DAMAGES.

       (a) Additional Damages Indexed for Inflation.--
       (1) In general.--Section 813 of the Fair Debt Collection 
     Practices Act (15 U.S.C. 1692k) is amended by adding at the 
     end the following:
       ``(f) Adjustment for Inflation.--
       ``(1) Initial adjustment.--Not later than 90 days after the 
     date of the enactment of this subsection, the Commission 
     shall provide a percentage increase (rounded to the nearest 
     multiple of $100 or $1,000, as applicable) in the amounts set 
     forth in such section equal to the percentage by which--
       ``(A) the Consumer Price Index for All Urban Consumers (all 
     items, United States city average) for the 12-month period 
     ending on the June 30 preceding the date on which the 
     percentage increase is provided, exceeds
       ``(B) the Consumer Price Index for the 12-month period 
     preceding January 1, 1978.
       ``(2) Annual adjustments.--With respect to any fiscal year 
     beginning after the date of the increase provided under 
     paragraph (1), the Commission shall provide a percentage 
     increase (rounded to the nearest multiple of $100 or $1,000, 
     as applicable) in the amounts set forth in this section equal 
     to the percentage by which--
       ``(A) the Consumer Price Index for All Urban Consumers (all 
     items, United States city average) for the 12-month period 
     ending on the June 30 preceding the beginning of the fiscal 
     year for which the increase is made, exceeds
       ``(B) the Consumer Price Index for the 12-month period 
     preceding the 12-month period described in subparagraph 
     (A).''.
       (2) Applicability.--The increases made under section 813(f) 
     of the Fair Debt Collection Practices Act, as added by 
     paragraph (1) of this subsection, shall apply with respect to 
     failures to comply with a provision of such Act (15 U.S.C. 
     1601 et seq.) occurring on or after the date of enactment of 
     this Act.
       (b) Injunctive Relief.--Section 813(d) of the Fair Debt 
     Collection Practices Act (15 U.S.C. 1692k(d)) is amended by 
     adding at the end the following: ``In a civil action alleging 
     a violation of this title, the court may award appropriate 
     relief, including injunctive relief.''.

     SEC. 5. SEEKING A WARRANT FOR ARREST OF DEBTOR AS AN UNFAIR 
                   DEBT COLLECTION PRACTICE.

       (a) In General.--Section 808 of the Fair Debt Collection 
     Practices Act (15 U.S.C. 1692f) is amended by adding at the 
     end the following:
       ``(9) A request by a debt collector to a court or any law 
     enforcement agency for the issuance of a warrant for the 
     arrest of a debtor or any other similar request that a debt 
     collector knows or should know would lead to the issuance of 
     an arrest warrant, in relation to collection of a debt.''.
       (b) Construction.--Paragraph (9) of such section 808, as 
     added by subsection (a), shall not be construed to limit a 
     court's inherent authority to hold a debtor in civil 
     contempt, nor to limit a debt collector's ability to seek a 
     writ of execution or similar remedy to take possession of 
     property in order to satisfy a valid judgment of debt.
                                  ____

       The following have endorsed the End Debt Collector Abuse 
     Act:
       National Consumer Law Center, Consumers Union; National 
     Consumers League, Center for Responsible Lending, Service 
     Employees International Union (SEIU), The Leadership 
     Conference on Civil and Human Rights, National Association of 
     Consumer Advocates, National Council of La Raza, Consumer 
     Action, National Association for the Advancement of Colored 
     People (NAACP), Minnesota Attorney General Lori Swanson, 
     Legal Services Advocacy Project (Minnesota), Family 
     Partnership (Minnesota), Minneapolis Urban League, Minnesota 
     Community Action Partnership, Jewish Community Action 
     (Minnesota), Housing Preservation Project (Minnesota), 
     Lutheran Social Services of Minnesota--Financial Counseling 
     Services, Catholic Charities' Office for Social Justice 
     (Minnesota), Twin Cities Habitat for Humanity (Minnesota), 
     Downtown Congregations to End Homelessness (Minnesota), 
     Metropolitan Consortium of Community Developers (Minnesota).
                                 ______
                                 
      By Mr. DODD (for himself and Mr. Burr):
  S. 3895. A bill to protect students from inappropriate seclusion and 
physical restraint, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DODD. Mr. President, I rise today to introduce the Keeping All 
Students Safe Act to create a safe environment for students and school 
personnel by creating minimum standards around the use of seclusion and 
restraint in schools. In December, I introduced a similar bill. But 
today, I come to the floor with my good friend and colleague Senator 
Burr, with a revised act that incorporates additional protections for 
students.
  In 1998, the Hartford Courant ran an award-winning series of stories 
about the use of seclusion and restraint in hospitals, residential 
facilities, and group homes for individuals with psychiatric and 
developmental disabilities. The Courant uncovered a hidden epidemic, 
confirming 142 deaths occurring during or after the use of seclusion or 
restraint.
  One of those 142 cases was an 11-year-old boy from my home State of 
Connecticut. He was restrained face-down in a position that restricted 
his air flow. He died as a result.
  In response, I led the charge to establish Federal standards to 
prevent the misuse of these practices. I helped pass The Children's 
Health Act of 2000, which included the Compassionate Care Act that I 
originally drafted to put these standards in place in certain hospitals 
and residential facilities. We

[[Page S7803]]

wanted to include schools in this legislation, but were unable to do 
so. Sadly, the need could not have been greater.
  Over the past year, reports from the National Disability Rights 
Network, NDRN, the Alliance to Prevent Restraint, Aversive 
Interventions, and Seclusion, APRAIS, the Council of Parent Attorneys 
and Advocates, Inc., COPAA, and the Government Accountability Office, 
GAO, have painted a picture disturbingly similar to the one the 
Hartford Courant discovered more than a decade ago.
  The statistics are chilling--hundreds of incidents of physical 
injury, psychological trauma, even death--but the stories are even more 
devastating.
  The GAO found many examples of the inappropriate use of seclusion and 
restraint in the report it released on May 19, 2009.
  A 14 year-old boy was restrained face-down by a teacher because he 
would not stay seated in class. The 230 lb. teacher sat on the 129 lb. 
boy, restricting his airflow and resulting in the boy's death.
  A 4 year-old girl with cerebral palsy and autism was restrained in a 
wooden chair with leather straps for being ``uncooperative.''
  In one school district, children with disabilities as young as six 
years old were allegedly placed in strangleholds, restrained for 
extended periods of time, confined to dark rooms, and tethered to ropes 
and prevented from using the restroom until they urinated on 
themselves.
  To be clear, school personnel go to work every day with the goal of 
educating children, not harming them. I have the utmost respect and 
appreciation for the difficult job they do and want to make it clear 
that my concern signifies no disrespect for their challenging jobs, or 
the dangers they sometimes face.
  However, these tragic stories reflect inadequate training and a lack 
of resources on the state and local levels to implement effective 
interventions, such as school-wide positive behavioral interventions 
and supports. According to a report by COPPA, over 71 percent of the 
185 incidents they identified occurred in schools with no positive 
behavioral interventions or supports. If school personnel are provided 
with the necessary tools to prevent dangerous situations, the number of 
incidents requiring restraint and seclusion will decrease.
  Just as students have a right to learn in a safe environment, 
educators have a right to work in a safe environment. They should be 
provided with the proper training and support to prevent injury to 
themselves and others.
  In some states, parents have successfully advocated for laws that 
provide these resources, as well as guidelines to ensure that they are 
used effectively.
  But the patchwork of state laws and regulations is confusing and 
especially troublesome for transient students.
  According to the GAO study, 19 states have no law or regulations 
concerning seclusion and restraint in schools. Some laws apply to only 
certain schools or situations, and some apply to restraint but not 
seclusion. Only 19 states require parental notification, only 17 states 
require staff training, and only eight specifically prohibit restraints 
that restrict air flow.
  Therefore, Senator Burr and I will today introduce the Keeping All 
Students Safe Act, a bill that will address these issues.
  Our bill will establish clear minimum standards for the use of 
restraint and seclusion in schools, closely based on the Children's 
Health Act of 2000. It will also provide resources to assist with 
policy implementation and provide school personnel with necessary 
tools, training, and support.
  It will improve data collection, analysis, and identification of 
effective practices to prevent and reduce seclusion and restraint in 
schools, so we may better understand the scope of the problem and the 
effectiveness of our solutions.
  Specifically, the legislation will prohibit the use of seclusion and 
restraint in schools unless a student's behavior poses an immediate 
danger of serious physical injury and less restrictive interventions 
would be ineffective.
  It will prohibit the use of mechanical, chemical, and physical 
restraints that restrict air flow to the lungs.
  This legislation will require adequate training and state 
certification of school personnel imposing seclusion or restraint, 
immediate parental notification when such an incident occurs, and a 
debriefing session to prevent future incidents.
  As a result of this act, the Department of Education will conduct, 
and provide to Congress, a national assessment that analyzes data on 
seclusion and restraint and determines effective practices in 
preventing and reducing the number of incidents. This assessment will 
provide us with a more accurate picture of the extent of seclusion and 
restraint in schools, and will help direct additional future efforts to 
ensure that our children and those who educate them are safe.
  The Keeping All Students Safe Act includes language that solidifies 
Protection and Advocacy agencies', P&A, abilities to serve the students 
who are in need of protection. This legislation is meant to ensure that 
these P&As are spending their time and resources protecting our 
Nation's children in schools, and not in court about this already 
settled issue.
  Finally, this legislation will amend the Elementary and Secondary 
Education Act, as well as the Higher Education Act, to provide 
additional planning for and training on the use of positive behavioral 
interventions and supports.
  I want to thank the many organizations representing individuals with 
disabilities, students, teachers, and schools that all came to the 
table with recommendations. Their time, energy, and input made this a 
much stronger and more effective bill, and I truly appreciate their 
hard work and support. I am especially thankful for Senator Burr's 
commitment to this issue and his insights that have strengthened the 
bill. I am also grateful to Secretary Duncan for his leadership on this 
issue at the Department of Education. Finally, I want to thank my 
colleague and good friend, Chairman George Miller in the House of 
Representatives. Earlier this year, he introduced companion legislation 
that passed the House in March. Senator Burr and I look forward to 
working with him to pass this into law.
  Every child has a right to be safe in the place where he or she goes 
to learn and grow. Every educator deserves the training and support he 
or she needs to do his or her job safely and effectively. The Keeping 
All Students Safe Act will help to prevent tragedies in our schools. I 
am proud to introduce it today, and I urge my colleagues to join me.
                                 ______
                                 
      By Mr. GOODWIN:
  S. 3896. A bill to protect children against hazards associated with 
swallowing button cell batteries by requiring the Consumer Product 
Safety Commission to promulgate a consumer product safety standard to 
require child-proof closures on remote controls and other consumer 
electronic products that use such batteries, and for other purposes; to 
the Committee on Commerce, Science, and Transportation.
  Mr. GOODWIN. Mr. President, today I am pleased to introduce the 
Access to Button Cell Batteries Act. This legislation will ensure that 
the small batteries we find in everything from car keys to musical 
greeting cards are properly secured, and kept out of the hands of our 
children.
  There is no question that technological progress makes our everyday 
activities a little easier. Such advancement has allowed for small 
batteries to be powerful enough to run many of today's devices, 
creating less bulky products.
  Unfortunately, with advanced technology comes a new potential hazard. 
Many may not know the possible consequences when a child gets their 
hands on these tiny batteries.
  Although many of these incidents are relatively harmless, should a 
child find one of these small button batteries, the consequences can be 
much, much worse--even deadly. We have discovered that battery 
ingestion has caused 13 deaths and numerous injuries, and from 1985 to 
2009, there was an almost 7-fold increase in the percentage of 
ingestions with severe outcomes. This is unacceptable, and it is time 
for action.
  Lithium cell batteries, some the size of a penny, are a growing 
concern. Beyond the choking risk to children, the real issue is what 
happens when they

[[Page S7804]]

are swallowed. The batteries can cause internal burns, and lasting 
damage can occur in just a couple of hours. These injuries can cause 
death or lifelong injuries including damaged vocal cords or torn 
intestinal tracts that require surgeries or feeding tubes.
  The Access to Button Cell Batteries Act would require the Consumer 
Product Safety Commission to initiate a rule requiring that 
compartments on small battery products be properly secured.
  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. 3896

       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 ``Access to Button Cell 
     Batteries Act of 2010''.

     SEC. 2. CONSUMER PRODUCT SAFETY STANDARD FOR BUTTON CELL 
                   BATTERY ACCESS.

       (a) Definitions.--In this section:
       (1) Battery-operated or assisted consumer electronic 
     product.--The term ``battery-operated or assisted consumer 
     electronic product'' means a remote control, clock, musical 
     greeting card, automobile key, flashlight, or other consumer 
     product powered in whole or in part by a button cell battery 
     that is designed, manufactured, and sold primarily for use by 
     consumers in or around their homes or motor vehicles.
       (2) Button cell battery.--The term ``button cell battery'' 
     means--
       (A) a lithium cell battery that is 32 millimeters or less 
     in diameter; or
       (B) any other battery of that size, regardless of the 
     technology used to produce an electrical charge, as 
     determined by the Consumer Product Commission.
       (3) Consumer product.--The term ``consumer product'' has 
     the meaning given the term in section 3 of the Consumer 
     Product Safety Act (15 U.S.C. 2052).
       (b) Standard Required.--Not later than 1 year after the 
     date of the enactment of this Act, the Consumer Product 
     Safety Commission shall promulgate, as a final consumer 
     product safety standard under section 7(a) of the Consumer 
     Product Safety Act (15 U.S.C. 2056(a)), a standard that 
     requires button cell battery compartments of battery operated 
     or assisted consumer electronic products be secured, to the 
     greatest extent practicable, in a manner that reduces access 
     to button cell batteries by children that are 3 years of age 
     or younger.
       (c) Expedited Rulemaking.--
       (1) In general.--The standard required by subsection (b) 
     shall be promulgated in accordance with section 553 of title 
     5, United States Code.
       (2) Inapplicability of certain promulgation requirements.--
     The requirements of subsections (a) through (f) and (g)(1) of 
     section 9 of the Consumer Product Safety Act (15 U.S.C. 2058) 
     shall not apply to the promulgation of the standard required 
     by subsection (b) of this section.
       (d) Effective Date.--The final consumer product safety 
     standard required by subsection (b) shall apply to battery-
     operated or assisted consumer electronic products 
     manufactured on or after the date that is 1 year after the 
     date on which the Commission promulgates such standard.
                                 ______
                                 
      By Mr. COBURN (for himself, Mr. LeMieux, Mr. Inhofe, and Mr. 
        DeMint):
  S. 3900. A bill to reduce waste, fraud, and abuse under the Medicare, 
Medicaid, and CHIP programs, and for other purposes; to the Committee 
on Finance.
  Mr. COBURN. Mr. President, today, I, along with Senators LeMieux, 
DeMint, and Inhofe, am introducing the FAST Act. At the same time, this 
same bill is being introduced in the U.S. House of Representatives by 
Representative Peter Roskam. Both of us were present at the White House 
summit with the President.
  What the FAST Act does is attack the $100 billion worth of waste and 
fraud in Medicare, Medicaid, and SCHIP.
  In the President's February 22, 2010 proposal for health reform, 
President Obama endorsed several Republican proposals designed to 
combat waste, fraud, and abuse in Medicare and Medicaid. While some 
anti-fraud provisions were included in the health care overhaul that 
passed Congress, these Republican proposals were not fully included.
  Today, along with Senators LeMieux, DeMint, and Inhofe, I am 
introducing the ``Fighting Fraud and Abuse to Save Taxpayers' Dollars'' 
or ``FAST'' Act. An identical bill is also being introduced today in 
the U.S. House of Representatives by Representative Peter Roskam, who 
also attended the White House health summit. The FAST Act notionally 
represents the Republican solutions the President endorsed to combat 
waste in Medicare and Medicaid as, as well as a bipartisan provision to 
reduce from by removing Social Security numbers from Medicare cards.
  The status quo in Medicaid and Medicare is unsustainable and 
unacceptable. American taxpayers lose $60 to $100 billion in waste, 
fraud, and abuse in Medicare and Medicaid each year. Congress and the 
administration must do a better job of working to staunch this flow of 
taxpayer dollars that goes to crooks instead of providing care.
  The current system was designed to be defrauded. And under the status 
quo today, organized crime affiliates and criminal gangs are bilking 
billions of taxpayer dollars from Medicare each year because it is so 
easy to defraud the system. HHS' Inspector General told Congress 
recently that a street gang in California has defrauded Medicare to the 
tune of $11 million by establishing a fake company and billing Medicare 
for expensive items like wheel chairs and oxygen supplies. The American 
people ought to be outraged and should not stand for this.
  Imagine how we could improve Medicare's solvency if we could recoup 
two-thirds of the known fraud and abuse in the program each year. We 
could save $400 billion over a decade, just by preventing fraud.
  But the loss of taxpayer dollars due to waste and fraud under 
Medicare and Medicaid not only threatens the financial viability of 
programs, they erode the public trust. American taxpayers should not be 
expected to tolerate rampant waste, fraud, and abuse in publicly-funded 
health care programs.
  The new Federal health overhaul that Congress passed earlier this 
year dramatically expands Medicaid, significantly changes Medicare, 
creates new regulations, and will send hundreds of billions of dollars 
to insurance companies. Without improvements to current anti-fraud 
efforts, taxpayers could be at risk to even more money.
  Congress and the Administration must do a more effective job in 
combating waste, fraud, and abuse in public health care programs and 
protecting the American taxpayer dollars. This bill is not a magic 
bullet, but I believe it offers a common-sense step forward to reduce 
fraud, waste, and abuse in our Nation's largest two health care 
programs. This bill gives increases data sharing, stiffens penalties, 
and pilots new ways of combating egregious fraud.
  I sincerely hope politicians and bureaucrats can put the public 
interest ahead of their own. Congress and the administration cannot 
afford to continue to tolerate such fraud in Medicare and Medicaid. I 
look forward to working with any member of Congress who is serious 
about reducing waste, fraud, and abuse in public health care programs.
  Just think for a minute what would happen to Medicare solvency if, in 
fact, we could recoup two-thirds of the fraud and inappropriate 
payments that are ongoing. It is straightforward. Many of the ideas in 
this were embraced by the President at our meeting.
  It is my hope that the Senate will look at this and, in a bipartisan 
fashion, jump on board to fix a problem that is undermining one of our 
possible solutions to health care, which is that the Medicare trust 
fund is belly up.
  There has been a lot of work done on this by Democrats and 
Republicans in the Senate. It is my hope we will have their consent and 
cosponsorship for the bill.
                                 ______
                                 
      By Mr. HATCH:
  S. 3901. A bill to promote enforcement of immigration laws and for 
other purposes; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise today to introduce the Strengthening 
Our Commitment to Legal Immigration and America's Security Act. Our 
immigration system is broken and needs reform. We can make progress by 
starting with the laws that already exist. My bill would enhance our 
core immigration and enforcement laws for both legal and illegal 
immigrants.
  Much has been discussed this Congress on how to proceed on the very 
complex and, unfortunately at times, partisan issue of immigration 
reform. Some have introduced non-binding resolutions others have tried 
to attach

[[Page S7805]]

immigration-related measures to non-germane legislative vehicles. But, 
we're never going to get anywhere with these political stunts which do 
little to get to the root the problem.
  Throughout my service, I have spent considerable time with my 
constituents and, quite frankly, have anguished with them on how to 
best address the considerable strain the illegal alien population is 
having on Utahns. Among other things, I have taken the initiative to 
increase immigration enforcement in Utah include bringing ICE Quick 
Response teams to our state, creating an immigration court, and 
establishing an ICE Field Office Director position to address Utah's 
immigration concerns. I also brought the 287(g) cross-deputizing 
program and just recently the Secure Communities program to Utah.
  There is no question that more needs to be done. That is something 
everyone will agree on. Just recently legislation was enacted to 
enhance border security. I was pleased that this was a bipartisan 
effort. Some argue that the bill is sufficient to secure our border, 
but I disagree. There is much work to be done before the border is 
properly sealed. I continue to work with and support my colleagues 
whose states are located along the Southwest border. They know what 
resources we need to deploy to secure the border.
  While Utah is not a border state, we still share the same concerns of 
our neighbors along the border. However, our problems result from a 
residual effect of a porous border and a breakdown of our immigration 
enforcement system.
  For years, I have been saying most immigration problems could be 
solved if we would enforce the laws on the books. Unfortunately, the 
current Administration continues to explore ways to exploit current law 
and score political points.
  During the past several months, the Obama administration has been 
holding behind-the-scenes talks to determine whether the Department of 
Homeland Security can unilaterally grant legal status, on a mass basis, 
to illegal immigrants via deferred action and parole. If the 
Administration is successful, it would be the equivalent of back-door 
amnesty for millions. For this reason, my bill specifies that an alien 
may only be paroled or granted deferred action on a case-by-case 
basis--not en mass--the way these laws were intended to be used.
  The 287(g) and Secure Communities programs continue to be valuable 
tools to our law enforcement officials in detaining and deporting 
criminal aliens. For example, in Fiscal Year 2010, the 287(g) program 
was responsible for detaining 29,295 criminal aliens. What I don't 
understand is why some cities would choose to not participate in these 
effective programs. That is why my proposed legislation would require 
eligible states, counties, or cities to actively participate in the 
Secure Communities or 287(g) programs or forego compensation for 
incarceration expenses. Turning a blind eye to these law enforcement 
programs poses a serious risk to the public and creates sanctuary 
cities.
  When I meet with my constituents, one of their top concerns is how we 
fix our visa programs. Many are concerned, and with good cause, about 
how some of these folks are getting into the country. Disturbingly, 
some visa holders are active participants in organized crime. They come 
to this country and infiltrate our communities, wreaking havoc in our 
neighborhoods.
  In an effort to address this problem, my bill would provide our State 
Department consular officers the necessary legal authority to deny 
members of known gangs from coming into our country. It's not 
acceptable to allow these thugs to slip through the cracks.
  After 9/11, many areas of our immigration system came under scrutiny. 
One of the top recommendations for reform to our system is to create an 
exit procedure for foreign visitors to the United States. Departure 
information is vital for determining whether foreign visitors are 
departing the U.S., maintaining their visa status, and evaluating 
future visa eligibility for these visitors. Not to mention, the ability 
to track departures goes to the heart of keeping America safe.
  Without such exit procedures, however, the task of determining 
whether an alien has overstayed their visa in the United States is 
nearly impossible. Since 2004, the Department of Homeland Security has 
been testing exit programs and departure controls at U.S. airports for 
visa holders leaving the United States. As recently as July 2009, 
another pilot program was concluded by the Department of Homeland 
Security. To date, we still haven't seen any implementation of exit 
procedures for our country's visitors, nor have we seen any final 
conclusions made by the Department. It has been over 6 years since the 
first pilot program concluded. It is time to act.
  Thus, my bill would require the Secretary of Homeland Security to 
create a mandatory exit procedure for foreign visitors to the United 
States. This should have been done years ago.
  Additionally, the proposed legislation would eliminate the fraud-
laden visa lottery, known as the Diversity Visa program. At present, 
applicants of the visa lottery program are open to being defrauded by 
so-called service providers who offer to assist them in obtaining 
Diversity Visa status. Unlike other immigrant visa categories, this is 
one of the few visas that allows people to immigrate to the United 
States without having any connection to the country. In other words, 
the applicants may not have any family, employment, or even provide an 
economic tie to the United States. And because of limited availability 
of verification, the program presents serious national security 
concerns.
  Let me be clear: if anyone is a proponent of a diverse nation, one 
that enjoys the influence of many cultures, it is me. But what we have 
right now in the visa lottery program does not accomplish the intended 
goal.
  After careful consultation with State Department officials, I have 
been advised that the Diversity Visa program needs serious reform, and 
some have even called for complete elimination of the program. In light 
of this guidance, I propose to sunset the Diversity Visa program, 
unless the State Department recommends to Congress how best to combat 
fraud and eliminate abuse currently in the program.
  One of the most heated issues that is continually raised by my 
constituents, and many across the country, is the impact that illegal 
aliens are having upon our welfare programs. It came to my attention 
that Los Angeles County, California, actually tracks this information. 
Much to my amazement, L.A. County confirms that in 2009 alone, they 
distributed over $2.4 billion in Federal-State welfare and food stamp 
programs. Of that amount, $569 million was issued to households that 
include illegal aliens. Let me reiterate: the illegal alien population 
in L.A. County received over a half-billion dollars of welfare benefits 
in one year alone.
  In order to have an honest discussion about the drain illegal aliens 
are having upon our welfare systems, we must be armed with state-
specific information to understand the extent of this problem.
  Thus, my bill would require the Secretary of Health and Human 
Services, in consultation with the Department of Homeland Security and 
any other appropriate Federal agency, to submit an annual report to 
Congress outlining the total dollar amount of Federal welfare benefits 
received by households of illegal aliens for each state and the 
District of Columbia. The annual report would also include the overall 
dollar amount each state spends on Federal welfare benefits.
  Without having this information, we will continue to dismiss the 
serious economic ramifications to our country's prosperity. We cannot 
afford to perpetuate this problem any longer.
  My legislation also includes a provision which revisits the legal 
immigrant policy included in the Children's Health Insurance Program 
Reauthorization Act of 2009, P.L. 111-3. The CHIP Reauthorization law 
overturned language requiring a 5-year waiting period before legal 
immigrants may be eligible for federal health coverage. The 5-year 
waiting period was included in the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, P.L. 104-193. As my colleagues 
will recall, the 1996 Welfare Reform Act required sponsors of legal 
immigrants to be responsible for individuals' expenses during the first 
5 years of residency in our country. States had the option of offering 
legal immigrants CHIP and Medicaid coverage with State only dollars. In 
other words, States could not

[[Page S7806]]

receive Federal matching dollars for covering these legal immigrants.
  The 2009 CHIP law overturned that policy. Today, States may still 
cover legal immigrant children and pregnant women who have been in the 
U.S. less than 5 years. However, the big difference is states now 
receive Federal matching dollars for covering those individuals.
  The provision in the bill I am introducing today would permit states 
to continue receiving federal matching dollars for covering legal 
immigrant children and legal immigrant pregnant women but two 
conditions must be met. First, the state must demonstrate that it has 
covered 90 percent of its U.S. citizen children and pregnant women 
eligible for CHIP or Medicaid. These individuals' family income may not 
exceed 200 percent of the Federal poverty level. Second, the State must 
demonstrate that it is not supplanting state dollars which were being 
used to cover legal immigrants prior to passage of the 2009 CHIP 
reauthorization law with Federal dollars.
  Another top concern I regularly hear about is identity theft--that of 
both adults and children who have to spend a great amount of their time 
and money to clear their good names and restore their credit history.
  In 2006, parents of Utah 2-year old Tyler Lybbert realized their 
daughter's identity had been stolen by 38-year old Jose Tinoco. By the 
time the Lybberts became aware of the fraud, Mr. Tinoco had already 
taken out two loans and opened credit cards--saddling Tyler with over 
$15,000 in debt. Little Tyler was left holding the bag.
  Fortunately, when Mr. Tinoco tried to obtain a loan from a local Utah 
bank, an employee spotted the discrepancy and alerted Tyler's parents. 
Mr. Tinoco was caught, but the Lybberts were left with countless hours 
of work to correct the fraud perpetrated against their child.
  This past weekend, the Utah press reported on another identity theft 
case. A newly married radiology student at Weber State University has 
been battling to reclaim his identity for the last 15 years. When 
Cameron Noble was 7 years old his Social Security number was stolen by 
Mr. Jose Zavala of California--an over 60-year-old man.
  Noble's parents thought they had corrected the error but when Cameron 
began working at the age of 16 he started receiving notices that his 
wages were being garnished to pay child support. The problem has 
continued to haunt him ever since--in the form of tax withholdings and 
credit report confusion. He is now nearing the end of the process to 
obtain a new Social Security number.
  It is not a secret that many in the illegal immigrant community 
perpetuate identity theft with stolen or fabricated Social Security 
numbers, SSN. The identity theft they commit often affects the very 
young--who may not notice problems for years or decades until they are 
old enough to apply for their first job, car or school loan, or credit 
card.
  As in little Tyler Lybbert's case, why did it take a bank employee to 
pick up on the theft? Because there is no formal system established to 
alert SSN holders when potential fraud or improper usage have occurred.
  The federal agency that is best suited to track the use of mismatched 
SSN numbers is the Internal Revenue Service, IRS. That is why my bill 
requires the IRS to send a notice to an employer that an inaccurate SSN 
has been discovered for an employee. If the employer does not respond 
to the notice within 60-days to correct the inaccuracy, my legislation 
will require the IRS to notify the SSN holder or to parents and 
guardians of a minor, that a discrepancy has been detected and to do 
the following: if it is an actual mismatch to contact the IRS; if they 
suspect fraudulent use, the SSN holder is provided with contact 
information for the FTC and various credit bureaus to report the 
problem; and finally if no response is received by the SSN holder, the 
IRS would be required to refer the account number to appropriate 
Federal agencies for possible investigation.
  Let me pause here to underscore a point. Currently, the original SSN 
holder never receives notice when a mismatch has occurred. Quite 
frankly, I do not have the assurances that the IRS is requiring much of 
the employer to correct or verify the submission. That is not 
acceptable. In this day and age, when at a click of a mouse, someone 
can apply for credit cards, mortgages, or even car loans, there is no 
excuse why SSN holders are left in the dark.
  One can only imagine that if this simple notification step was taken 
in the case of little Tyler Lybbert or the Noble family that years of 
laborious efforts and countless hours of notifying credit bureaus, 
banks, and other authorities, could have been greatly reduced if not 
avoided all together.
  To make matters more confusing in this area of the law, the Supreme 
Court has more or less tied the hands of prosecutors in going after 
these thieves and those who are involved in so-called document mills. 
The case of Flores-Figueroa v. United States undermined prosecutors' 
longstanding practice of using the aggravated identity theft statute by 
requiring them to also prove that a defendant knew that he or she was 
using a real person's identity information, as opposed to counterfeit 
information not connected to an actual person.
  To clarify the Criminal Code and provide our prosecutors with the 
latitude they need to pursue these cases, my bill makes clear that 
defendants who possess or otherwise use identity information not their 
own, without lawful authority, and in the commission of another felony 
is still punishable for aggravated identity fraud, regardless of the 
defendants' ``knowledge'' of the victim.
  Finally, my bill's identity theft would require the Secretary of the 
Treasury, the Chairman of the FTC, and the Commissioner of Social 
Security to conduct a study to determine the most feasible and cost-
effective ways to protect the credit worthiness of individuals, 
especially that of children.
  Mexican Cartel drug violence has been placed front and center by the 
media and members of this body. Some of my fellow colleagues have 
called for more resources directed to this problem. As additional 
federal law enforcement personnel and military units continue to be 
deployed to the southwest border the focus has been on weapons, drug 
interdiction and bulk cash smuggling. While I recognize the importance 
of these border enforcement activities, too little attention is being 
paid to outdoor marijuana cultivation by Mexican drug trafficking 
organizations.
  Outdoor marijuana cultivation by Mexican drug trafficking 
organizations is causing increasing environmental damage, especially on 
publicly owned lands. From 2004-2009 more than 11 million marijuana 
plants have been eradicated from federal public lands. Outdoor 
marijuana cultivation is the chief source of revenue for Mexican drug 
trafficking organizations.
  Growing marijuana in the U.S. saves traffickers the risk and expense 
of smuggling their product across the border and allows gangs to 
produce their crops closer to local markets. Illegal alien workers are 
smuggled in from Mexico to serve as laborers and provide security to 
the grow plots. Mexican gang plots can often be distinguished from 
those of domestic-based growers based on their plant volume and 
security measures. Many of the plots are encircled with crude 
explosives and are patrolled by armed illegal aliens providing security 
for the crop.
  In my home State of Utah, the Drug Enforcement Administration and 
local law enforcement have seized more than 110,000 marijuana plants 
this year. Each plant can yield one pound of marijuana with a street 
value of $1,000. These remote plots were on federal land and nestled 
under the cover in a national forest or hidden high in the rugged-yet-
fertile tracts of federal land. All of the sites were far from the eyes 
of law enforcement, where growers can take the time needed to grow far 
more potent marijuana. Growers of these fields have even created 
irrigation systems to disrupt or divert water sources. They even use 
illegal fertilizers that damage the environment and the local eco-
system.
  In one recent incident in Garfield County, Utah an illegal alien grow 
worker was armed with a shotgun and confronted six teenage girls who 
inadvertently hiked into the marijuana field. The worker brandished a 
shotgun and demanded to use their cell phone. Fortunately, the group of 
girls were able to run away from this armed man

[[Page S7807]]

and prevented what could have been a very tragic outcome. The girls 
were quite traumatized and reported the incident to local police. The 
Drug Enforcement Administration and the local authorities apprehended 
the man a short time later.
  So far this year in Utah, as a result of joint investigative efforts 
between Federal, State and local law enforcement, 20 arrests have been 
made in connection with the outdoor cultivation of marijuana on Federal 
lands. Out of the 20 arrests made, 19 were illegal aliens. This is not 
a problem that is unique to Utah. Other States with substantial federal 
lands are also seeing a spike in marijuana cultivation by Mexican drug 
trafficking organizations, including Colorado, California, Idaho, 
Nevada, Oregon and Michigan.
  It is for this reason why my legislation would provide tougher 
penalties for cultivating marijuana on federal lands and destroying the 
environment. Provisions of this legislation would also require the 
Office of National Drug Control Policy to formulate a comprehensive and 
coordinated action plan to address marijuana cultivation on Federal 
lands. This plan will be a broad strategic approach to disrupt Mexican 
drug trafficking organizations' central source of revenue and a key 
reason for organized alien smuggling.
  The fight to control the border is no longer isolated to just the 
physical boundary between the United States and Mexico. Securing the 
border now means addressing Mexican cartels; prohibiting mass deferral 
or parole; streamlining the visa process; requiring participation in 
key law enforcement programs; clamping down on identity theft; tracking 
the amount of welfare benefits being diverted by illegal immigrant 
households; ensuring that dollars are being used to cover newly 
eligible American children in CHIP and Medicaid; and keeping our great 
national parks and Federal lands safe and free from drug traffickers, 
drug cultivation, and environmental damage.
  Let me conclude by saying this bill represents key issues that are 
important to my Utah constituents and Americans across the country. 
They are common sense solutions to strengthen our commitment to legal 
immigration and American's security. I urge my colleagues to put 
partisanship aside and support this bill.
  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. 3901

       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 Our Commitment 
     to Legal Immigration and America's Security Act''.

     SEC. 2. DEFERRED ACTION AND PAROLE.

       Section 212(d)(5) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)(5)) is amended by adding at the end the 
     following:
       ``(C) Notwithstanding any other provision of law, an alien 
     may only be paroled into the United States or granted 
     deferred action of a final order of removal on a case-by-case 
     basis for urgent humanitarian reasons or significant public 
     benefit.''.

     SEC. 3. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       Section 241(i) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)) is amended--
       (1) by redesignating paragraphs (5) and (6) as paragraphs 
     (6) and (7);
       (2) in paragraph (7), as so redesignated, by striking 
     ``paragraph (5)'' and inserting ``paragraph (6)''; and
       (3) by inserting after paragraph (4) the following:
       ``(5) A State, county, city, or township that is eligible 
     to participate in Secure Communities or to cross-designate 
     local law enforcement officers to perform immigration law 
     enforcement functions under section 287(g) and does not 
     participate in such programs may not receive compensation for 
     incarceration expenses under this subsection.''.

     SEC. 4. VISA REFORM.

       (a) Visa Ineligibility for Organized Crime Members.--
     Section 212(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(2)) is amended by adding at the end the 
     following:
       ``(J) Aliens engaged in organized crime.--Any alien who the 
     consular officer or the Attorney General knows or has reason 
     to believe is a member of a known criminal organization that 
     regularly engages in transnational criminal activity, is 
     inadmissible.''.
       (b) Exit Procedures for Foreign Visitors.--Not later than 
     120 days after the date of the enactment of this Act, the 
     Secretary of Homeland Security, in coordination with the 
     Secretary of State and the aviation industry, as appropriate, 
     shall create a mandatory exit procedure for foreign visitors, 
     based upon--
       (1) the results of the programs piloted by United States 
     Customs and Border Protection to track the departure of 
     foreign visitors, including US-VISIT; and
       (2) the feasibility and benefits of the departure 
     confirmation systems tested under such exit pilot programs.
       (c) Elimination of the Diversity Visa Program.--
       (1) In general.--Section 203 of the Immigration and 
     Nationality Act (8 U.S.C. 1153) is amended by striking 
     subsection (c).
       (2) Technical and conforming amendments.--Title II of the 
     Immigration and Nationality Act (8 U.S.C. 1151) is amended as 
     follows:
       (A) In section 201 (8 U.S.C. 1151)--
       (i) in subsection (a)--

       (I) in paragraph (1), by adding ``and'' at the end; and
       (II) in paragraph (2), by striking ``; and'' at the end and 
     inserting a period; and

       (ii) by striking subsection (e).
       (B) In section 203 (8 U.S.C. 1153)--
       (i) in subsection (d), by striking ``subsection (a), (b), 
     or (c)'' and inserting ``subsection (a) or (b)'';
       (ii) in subsection (g), by striking ``subsection (a), (b), 
     or (c)'' and inserting ``subsection (a) or (b)''; and
       (iii) in subsection (h)(2)(B), by striking ``subsection 
     (a), (b), or (c)'' and inserting ``subsection (a) or (b)''.
       (C) Section 204(a)(1) (8 U.S.C. 1154(a)(1)) is amended by 
     striking subparagraph (I).
       (3) Effective date.--The amendments made by this subsection 
     shall become effective on the first day of the fiscal year 
     beginning after the date of the enactment of this Act, unless 
     Congress reviews the recommendations from the Secretary of 
     State on how to combat fraud and eliminate abuse in the 
     Diversity Visa Program and legislation is enacted to maintain 
     the Diversity Visa Program that addresses such 
     recommendations, with appropriate changes in the eligibility 
     requirements.

     SEC. 5. ANNUAL ACCOUNTABILITY OF FEDERAL WELFARE BENEFITS 
                   RECEIVED BY ALIENS UNLAWFULLY PRESENT IN THE 
                   UNITED STATES.

       The Secretary of Health and Human Services, in consultation 
     with the Secretary of Homeland Security and the head of any 
     other appropriate Federal agency, shall submit to Congress an 
     annual report that includes, for each State (and including 
     the District of Columbia)--
       (1) the total amount of Federal welfare benefits provided 
     to such State during the most recent fiscal year, 
     disaggregated by State; and
       (2) the total amount of Federal welfare benefits provided 
     to households with any persons who resided in the United 
     States illegally during the most recent fiscal year.

     SEC. 6. LIMITATION ON STATE OPTION TO EXPAND CHIP COVERAGE TO 
                   NONCITIZEN CHILDREN OR NONCITIZEN PREGNANT 
                   WOMEN.

       Section 2107 of the Social Security Act (42 U.S.C. 1397gg) 
     is amended--
       (1) in subsection (e)(1)(J), by inserting ``and only if the 
     State satisfies the requirements described in subsection 
     (g)'' before the period at the end; and
       (2) by adding at the end the following:
       ``(g) Demonstration of Coverage and Maintenance of 
     Effort.--For purposes of subsection (e)(1)(J), the 
     requirements described in this subsection are the following:
       ``(1) The State demonstrates to the Secretary (on the basis 
     of the best data reasonably available to the Secretary and in 
     accordance with such techniques for sampling and estimating 
     as the Secretary determines appropriate) that the State has 
     enrolled in the State plan under title XIX, the State child 
     health plan under this title, or under a waiver of either 
     such plan, at least 90 percent of the children residing in 
     the State who are citizens or nationals of the United States, 
     whose family income does not exceed 200 percent of the 
     poverty line (as determined before January 1, 2014, without 
     regard to the application of any general exclusion or 
     disregard of a block of income that is not determined by type 
     of expense or type of income, and as determined on or after 
     January 1, 2014, in accordance with section 1902(e)(14)), and 
     who are eligible for medical assistance under the State plan 
     under title XIX or child health assistance under the State 
     child health plan under this title.
       ``(2) The State provides assurances that the amount of 
     State or other non-Federal funds expended annually by the 
     State to provide medical assistance, child health assistance, 
     or other health benefits coverage to lawfully residing 
     immigrant children or lawfully residing immigrant pregnant 
     women will not be less than the amount of such funds expended 
     for such purposes for fiscal year 2009.''.

     SEC. 7. IDENTITY THEFT.

       (a) Amendments to the Criminal Code.--Chapter 47 of title 
     18, United States Code, is amended--
       (1) in section 1028--
       (A) in subsection (a)(7), by striking ``of another person'' 
     and inserting ``other than his or her own''; and
       (B) in subsection (b)(3)--
       (i) in subparagraph (B), by striking ``or'' at the end;

[[Page S7808]]

       (ii) in subparagraph (C), by adding ``or'' at the end; and
       (iii) by adding at the end the following:
       ``(C) to facilitate or assist in harboring or hiring 
     unauthorized workers in violation of section 274, 274A or 
     274C of the Immigration and Nationality Act (8 U.S.C. 1324, 
     1324a, and 1324c)''.
       (b) IRS Notification Requirement.--
       (1) Requirement to notify social security account number 
     holders.--If the Commissioner of Internal Revenue sends a 
     notice to an employer that an inaccurate social security 
     account number has been discovered for an employee and the 
     employer does not respond to the notice within 60 days to 
     correct such account number, the Commissioner shall send such 
     a notice--
       (A) to the individual who was originally issued such social 
     security account number; or
       (B) if such individual is a minor, to the individual's 
     legal guardian.
       (2) Content of notice.--A notice sent to an individual 
     under paragraph (1) shall include the following:
       (A) A request that the individual respond to such notice 
     within 60 days to correct the information associated with the 
     social security account number.
       (B) Information on how to respond to the notice.
       (C) Notification that if a response is not received by the 
     Commissioner within 60 days, the Commissioner shall provide 
     notice of the inaccurate social security account number to 
     the appropriate agencies for possible investigation, 
     including the Department of Homeland Security, the Department 
     of Justice, and the Federal Trade Commission.
       (D) Notification--
       (i) that if the individual suspects that the individual's 
     social security account number may have been used 
     fraudulently, the individual should notify the Federal Trade 
     Commission and the various credit bureaus; and
       (ii) information on how to provide the notifications 
     described in clause (i).
       (c) Study and Report.--
       (1) In general.--The Secretary of the Treasury, the 
     Chairman of the Federal Trade Commission, and the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Commerce and other appropriate Federal 
     officials, shall conduct a study to determine the most 
     feasible and cost effective ways to protect the credit 
     worthiness of individuals, especially children.
       (2) Issues to be studied.--The study conducted under 
     paragraph (1) shall--
       (A) assess the types of data held by the Federal Government 
     and the private sector that could prove beneficial in 
     protecting and verifying identity;
       (B) assess current government and industry practices 
     designed to protect personal privacy and determine how such 
     practices could be improved to protect and verify 
     individuals' credit worthiness;
       (C) analyze the estimated impact of alternative systems of 
     achieving effective protection of credit on the financial 
     industry (including small banks, rural financial 
     institutions, and credit unions), consumers, and the 
     government with respect to--
       (i) costs;
       (ii) credit availability;
       (iii) convenience;
       (iv) privacy; and
       (v) other nonfinancial burdens, including any effects on 
     personal privacy; and
       (D) determine the most effective ways to protect and verify 
     credit information.
       (3) Participation.--Representatives of the financial 
     industry, members of the public, government agencies, and 
     other interested groups shall be given opportunities to 
     provide information for the study conducted under paragraph 
     (1).
       (4) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of the Treasury shall 
     submit a report containing the results of the study conducted 
     under paragraph (1), including any recommendations for 
     legislative or administrative actions, to the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives.

     SEC. 8. ENHANCED PENALTIES FOR CERTAIN DRUG OFFENSES ON 
                   FEDERAL LANDS.

       (a) Cultivating or Manufacturing Controlled Substances on 
     Federal Property.--Section 401(b)(5) of the Controlled 
     Substances Act (21 U.S.C. 841(b)(5)) is amended by striking 
     ``as provided in this subsection'' and inserting ``for not 
     more than 10 years, in addition to any other term of 
     imprisonment imposed under this subsection,''.
       (b) Use of Hazardous Substances.--Pursuant to its authority 
     under section 994 of title 28, United States Code, the United 
     States Sentencing Commission shall amend the Federal 
     Sentencing Guidelines and policy statements to ensure that 
     the guidelines provide an additional penalty increase of 2 
     offense levels above the sentence otherwise applicable for a 
     violation of section 401(a) of the Controlled Substances Act 
     (21 U.S.C. 841(a)) if the offense--
       (1) includes the use of a poison, chemical, or other 
     hazardous substance to cultivate or manufacture controlled 
     substances on Federal property;
       (2) creates a hazard to humans, wildlife, or domestic 
     animals;
       (3) degrades or harms the environment or natural resources; 
     or
       (4) pollutes an aquifer, spring, stream, river, or body of 
     water.
       (c) Stream Diversion or Clear Cutting on Federal 
     Property.--
       (1) Prohibition on stream diversion or clear cutting on 
     federal property.--Section 401(b) of the Controlled 
     Substances Act is amended by adding at the end the following:
       ``(8) Destruction of bodies of water.--Any person who 
     violates subsection (a) in a manner that diverts, redirects, 
     obstructs, or drains an aquifer, spring, stream, river, or 
     body of water or clear cuts timber while cultivating or 
     manufacturing a controlled substance on Federal property 
     shall be fined in accordance with title 18, United States 
     Code.''.
       (2) Federal sentencing guidelines enhancement.--Pursuant to 
     its authority under section 994 of title 28, United States 
     Code, the United States Sentencing Commission shall amend the 
     Federal Sentencing Guidelines and policy statements to ensure 
     that the guidelines provide an additional penalty increase of 
     2 offense levels for above the sentence otherwise applicable 
     for a violation of section 401(a) of the Controlled 
     Substances Act (21 U.S.C. 841(a)) if the offense involves the 
     diversion, redirection, obstruction, or draining of an 
     aquifer, spring, stream, river, or body of water or the clear 
     cut of timber while cultivating or manufacturing a controlled 
     substance on Federal property.
       (d) Booby Traps on Federal Land.--Section 401(d)(1) of the 
     Controlled Substances Act (21 U.S.C. 841(d)(1)) is amended by 
     inserting ``cultivated,'' after ``is being''.
       (e) Use or Possession of Firearms in Connection With Drug 
     Offenses on Federal Lands.--Pursuant to its authority under 
     section 994 of title 28, United States Code, the United 
     States Sentencing Commission shall amend the Federal 
     Sentencing Guidelines and policy statements to ensure that 
     the guidelines provide an additional penalty increase of 2 
     offense levels above the sentence otherwise applicable for a 
     violation of section 401(a) of the Controlled Substances Act 
     (21 U.S.C. 841(a)) if the offense involves the possession of 
     a firearm while cultivating or manufacturing controlled 
     substances on Federal lands.

     SEC. 9. FEDERAL LANDS COUNTERDRUG ACTION PLAN.

       (a) Definitions.--In this section:
       (1) Controlled substance.--The term ``controlled 
     substance'' has the meaning given the term in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802).
       (2) Covered lands.--The term ``covered lands'' means--
       (A) units of the National Park System;
       (B) National Forest System land;
       (C) public lands (as defined by section 103(e) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1702(e)); and
       (D) all land administered by the Bureau of Land Management.
       (b) Implementation of Federal Lands Counterdrug Action 
     Plan.--
       (1) In general.--
       (A) Requirement for action plan.--Not later than 90 days 
     after the date of the enactment of this Act, the Director of 
     National Drug Control Policy shall implement an action plan 
     for keeping controlled substances off of Federal lands 
     (referred to in this section as the ``Federal Lands 
     Counterdrug Action Plan'').
       (B) Report to congress.--Not later than 2 years after the 
     implementation of the Federal Lands Counterdrug Action Plan, 
     the Director shall submit to Congress a report that describes 
     the progress made in carrying out such Action Plan.
       (2) Consultation requirement.--In implementing the Federal 
     Lands Counterdrug Action Plan, the Director of National Drug 
     Control Policy shall consult with the heads of relevant 
     Federal agencies, including the Drug Enforcement 
     Administration, the Forest Service, the National Park 
     Service, the Bureau of Land Management, and any relevant 
     State, local, and tribal law enforcement agencies.
       (c) Contents.--The Federal Lands Counterdrug Action Plan 
     shall include--
       (1) the Federal Government's action plan for preventing the 
     illegal production, cultivation, manufacture, and trafficking 
     of controlled substances on covered lands;
       (2) the specific roles of relevant Federal agencies, 
     including the Drug Enforcement Administration and relevant 
     agencies within the Department of the Interior for 
     implementing such an action plan;
       (3) the specific resources required to enable the agencies 
     referred to in paragraph (2) to implement that strategy;
       (4) a strategy to reduce the cultivation and trafficking of 
     marijuana on covered lands by Mexican drug trafficking 
     organizations;
       (5) the use of available technology to reduce the 
     cultivation and trafficking of marijuana on covered lands;
       (6) the impact of Federal land management statutes on law 
     enforcement efforts; and
       (7) the costs associated with marijuana eradication 
     programs through high intensity drug trafficking areas.
       (d) Effect on Existing Law.--The Federal Lands Counterdrug 
     Action Plan--
       (1) may not change existing agency authorities or laws 
     governing interagency relationships; and
       (2) may provide recommendations for changes to such 
     authorities or laws.
       (e) Distribution.--
       (1) In general.--The Director of the Office of National 
     Drug Control Policy shall provide a copy of the Federal Lands 
     Counterdrug Action Plan to--

[[Page S7809]]

       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on Appropriations of the Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the United States Senate Caucus on International 
     Narcotics Control;
       (E) the Committee on the Judiciary of the House of 
     Representatives;
       (F) the Committee on Appropriations of the House of 
     Representatives;
       (G) the Committee on Homeland Security of the House of 
     Representatives;
       (2) Classified information.--Any classified or law 
     enforcement sensitive information contained in the Federal 
     Lands Counterdrug Action Plan may be submitted in a 
     classified annex to accompany the Action Plan.
                                 ______
                                 
      By Mr. ALEXANDER (for himself and Mr. Dodd):
  S. 3906. A bill to reduce preterm labor and delivery and the risk of 
pregnancy-related deaths and complications due to pregnancy, and to 
reduce infant mortality caused by prematurity; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. ALEXANDER. Mr. President, today I am pleased to once again 
partner with my good friend and colleague Senator Dodd to introduce the 
Prematurity Research Expansion and Education for Mothers who deliver 
Infants Early Act, or the PREEMIE Act. This bipartisan bill 
reauthorizes and expands upon the 2006 PREEMIE Act to enhance research 
into the causes and prevention of prematurity. The end result of this 
bill will hopefully be to find a solution to the serious problem of 
premature birth.
  Premature birth is the leading killer of newborns and a major cause 
of lasting disabilities, and finding answers to this problem is one of 
the most urgent challenges confronting medicine today. More than half a 
million babies are born prematurely in the United States each year, and 
in nearly half the cases the causes are unknown. In Tennessee 236 
babies are born preterm per week on average, and in 2007, 12,256 babies 
or 14.2 percent of all live births were premature.
  The emotional toll a premature birth has on a family is significant. 
When an infant arrives prematurely before 37 weeks gestation, the 
family faces a stressful new world. Often, the parents see the baby 
only momentarily before he or she is whisked away to the neonatal 
intensive care unit, NICU. Instead of taking home a healthy baby, 
parents spend hours in the hospital, talking to all kinds of 
specialists who use clinical terms that they don't always understand. 
The baby's medical equipment is frightening, and the busy, hectic 
atmosphere in the NICU is stressful. Often the mother, who may have 
suffered from her own serious medical complications, recovers and 
leaves the hospital before the baby does.
  Many preterm infants face life-threatening complications. Families 
with premature infants often refer to the NICU as a roller-coaster 
experience. One day the baby appears to be doing well; the next, hope 
seems to be lost. Day-to-day life is completely disrupted. Parents 
spend hours in the NICU, away from their other children and work. The 
average hospital stay in 2005 was nearly nine times as long for a 
preterm infant (13 days) compared to an infant born at term (1.5 days).
  Families face financial stress as they struggle to pay the high NICU 
costs, since the average first year medical costs were about 10 times 
greater for preterm, $32,325, than for term infants, $3,325, in 2005. 
Additionally, 4 out of the 10 most expensive hospital stays regardless 
of age are related to infant care: infant respiratory distress 
syndrome, prematurity/low birthweight, cardiac/circulatory birth 
defects, and lack of oxygen in infants.
  Advances in neonatology are saving even the smallest and most fragile 
newborns, but we need to prevent those births from happening too early 
in the first place. We now find ourselves facing enormous potential for 
progress, and technological innovation has made sequencing of the 
entire human genome possible, which will hasten the pace of discovery 
and application of new knowledge. Hopefully, research moves ahead to 
unravel the mysteries of premature birth and to find the answers that 
will save babies' lives. However, the private sector cannot accomplish 
this goal alone, which is why we need dedicated federal resources to 
support such efforts.
  If we invest the money now and conduct additional research 
investigating the root causes of prematurity, it will save the 
Government money over time, and parents will not have to fear for their 
new child's life from the moment of birth. I strongly urge my 
colleagues to join me and support the PREEMIE Act--an investment in 
infants' health.
  Mr. DODD. Mr. President, I rise today to discuss a very serious issue 
that affects many Americans, and that is premature births. More than 
half a million babies will be born preterm this year and approximately 
28,000 babies will die before they turn 1 year old.
  In my home State of Connecticut, there were more than 4,000 preterm 
births in 2007, representing approximately 11 percent of all live 
births in the State. Between 1997 and 2007, the rate of infants born 
preterm in Connecticut increased 3 percent.
  The incidence of preterm birth represents a huge disconnect between 
our scientific knowledge and our capacity to meet basic and critical 
needs in maternal-child health. According to the Centers for Disease 
Control and Prevention, CDC, babies who died from preterm birth-related 
causes accounted for more than 36 percent of infant deaths in 2006. For 
newborns, prematurity is the leading cause of death.
  Of the surviving preemies, approximately one-fourth will have serious 
health complications including hearing loss, cerebral palsy, 
intellectual disabilities, acute respiratory diseases, and other 
maladies. These health problems not only affect the child, but also 
place a financial and emotional burden on many families. According to 
the Institute of Medicine, the annual societal costs associated with 
preterm birth were $26.2 billion in 2005 or $51,600 per infant born 
preterm. Nearly two-thirds of this cost was for medical care. More 
importantly, the $26.2 billion estimate does not include the cost of 
medical care beyond early childhood or caretaker costs such as lost 
wages.
  In nearly half of all cases, physicians and scientists cannot 
pinpoint a cause for preterm labor and delivery. However, research has 
shown that causes of preterm birth may include neighborhood 
characteristics, environmental exposures, biological factors, and 
medical conditions. Many of these factors can occur in combination, 
particularly for those who are socioeconomically disadvantaged and 
minority groups. Accordingly, there are significant disparities in the 
rates of preterm birth across these groups, with the highest rate of 
preterm births for non-Hispanic African Americans at 17.5 percent in 
2008, according to the National Center for Health Statistics. It is 
clear that a greater commitment to eliminating these inequalities is 
needed. As the chairman of the U.S. Senate's Health, Education, Labor, 
and Pensions' Subcommittee on Children and Families, ensuring the 
health of America's children has been my life's work, making the 
correction of these inequalities an issue of great importance.
  In 2006, my colleague Senator Alexander and I worked to pass the 
Prematurity Research Expansion and Education for Mothers who deliver 
Infants Early Act or PREEMIE Act, Public Law 109-450, which authorized 
finding to enhance Federal research related to preterm labor and 
delivery and increased public and provider education and support 
services. Among the results of the PREEMIE Act were the 2008 Surgeon 
General's Conference on Preterm Birth and expanded research activities 
at CDC. The most notable accomplishment to date is a 3 percent decline 
in the preterm birth rate from 2007 to 2008. But there is still much 
work to be done. We must build on the progress recently achieved and 
use both public and private efforts to accelerate this decrease in the 
rate of preterm birth.
  For these reasons, I rise today to join my colleague from Tennessee 
to introduce the PREEMIE Act to reauthorize these vital activities. It 
is my hope that this legislation will complement many of the efforts 
being conducted by the private sector, such as the March of Dimes 
campaign to raise public awareness and reduce the rate of preterm 
births. I urge my colleagues to join me in promoting a healthy start 
for America's children by supporting this legislation.

[[Page S7810]]

                                 ______
                                 
      By Mr. DODD (for himself and Mr. Brown of Ohio):
  S. 3907. A bill to amend the Public Health Service Act to increase 
access to health care for individuals with disabilities and increase 
awareness of the need for health care facilities and examination rooms 
to be accessible for individuals with disabilities, and for other 
purposes; to the Committee on Health, Education, Labor, and Pensions.
  Mr. DODD. Mr. President, as a co-chair of the Congressional Spina 
Bifida Caucus, I rise today to introduce the Debbie Blanchard Access to 
Health Care for Individuals with Disabilities Act of 2010 with my 
colleague, Senator Sherrod Brown. This legislation provides an 
excellent opportunity to address a critical disparity that exists in 
our Nation's health care system.
  Individuals with disabilities can face a myriad of challenges in 
accessing the health care they need and deserve. Such was the case for 
Debbie Blanchard, a woman who lived with Spina Bifida for nearly 56 
years, and who passed away in August 2008 from cervical cancer. Due to 
the challenges she faced in finding a physician whose office and 
examination tables were accessible for individuals with disabilities, 
Debbie was not able to seek regular well-woman exams, including 
cervical cancer screenings. The barriers Debbie faced in physically 
accessing the regular preventive care she needed unfortunately 
contributed to her cervical cancer going undetected until it was too 
late. The lack of accessible care clearly contributed to her untimely 
death.
  The Spina Bifida community is devastated by Debbie Blanchard's tragic 
passing, and we in the Congressional Spina Bifida Caucus wish to help 
ensure that the challenges and barriers that contributed to her illness 
and death are eliminated. To that end, we have developed the Debbie 
Blanchard Access to Health Care for Individuals with Disabilities Act 
in an effort to help facilitate access to health care by individuals 
with disabilities, including, but not limited to, those with Spina 
Bifida, and help them to identify providers whose offices and 
examination rooms are accessible for individuals with disabilities.
  Before I discuss the details of this bill, I believe it is important 
to recognize the scope of the problem we are dealing with. According to 
the U.S. Census, more than 54 million Americans, about one out of every 
five, live with some level of disability. Approximately 34 million of 
those are classified as having a severe disability. In Connecticut, 
more than 540,000 individuals are living with some level of disability. 
Of those individuals, close to 22,000 have physical disabilities.
  Studies conducted by the Centers for Disease Control and Prevention 
have found that individuals with disabilities have difficulty in 
accessing routine and specialized health care. Numerous barriers exist 
for these patients, including the inability to find a health care 
provider who understands how to treat individuals with disabilities and 
is willing to have those individuals as patients. According to a survey 
commissioned by the National Organization on Disability, 19 percent of 
persons with disabilities reported they needed medical care within the 
previous year and did not get it. This is a number more than three 
times the percentage for those without disabilities.
  Women with disabilities are particularly vulnerable. A study by the 
Center for Research on Women with Disabilities showed that nearly one-
third of women with disabilities surveyed reported being denied 
services at a physician's office solely because of their disability, 
and 56 percent described their physicians' offices and hospitals as 
ill-prepared to accommodate their specific needs. Research by the 
National Institute on Disability and Rehabilitation Research shows that 
women with disabilities are less likely to have Pap smears and 
mammograms and are more likely to be diagnosed at a later stage of 
breast cancer. These women are less likely to receive standard 
treatments and more likely to have poor outcomes.
  The Patient Protection and Affordable Care Act, PL 111-l48, includes 
an important component to establish standards for medical diagnostic 
equipment such as examination tables and chairs to improve access to 
health care for individuals with disabilities and I applaud Senator 
Harkin for his leadership on that provision. As such, the legislation I 
propose today seeks to complement existing programs and other pending 
proposals. The Debbie Blanchard Access to Health Care for Individuals 
with Disabilities Act would empower individuals with disabilities with 
the information and tools they need to identify accessible providers. 
It would also increase awareness among health professionals of the need 
to provide an accessible environment. The bill provides for four key 
programs to achieve these goals.
  First, this bill authorizes the Secretary of the Department of Health 
and Human Services to provide formula-based grants to States to create 
on-line directories of health care providers accessible to individuals 
with disabilities. States would not be required to engage in this 
activity, and the grants are strictly voluntary.
  Second, it authorizes HHS to develop a pilot program to increase 
health care provider awareness of the need to provide accessible 
environments, examination rooms, and examination tables for individuals 
with disabilities.
  Third, it authorizes the HHS Office on Disability, with the help of 
national organizations representing individuals with disabilities, to 
develop resources to support individuals with disabilities in their 
efforts to find accessible providers. Such resources include ``tips 
cards'' and questions to ask when calling a provider for the first time 
to make an appointment.
  Finally, the bill authorizes HHS to create a National Advisory 
Committee on Access to Health Care for Individuals with Disabilities to 
ensure intra-agency coordination of efforts to improve access to care 
for individuals with disabilities.
  The Debbie Blanchard Access to Health Care for Individuals with 
Disabilities Act would be a significant step in ensuring health care 
equity for the more than 50 million Americans who live with a 
disability. Debbie Blanchard's tragic passing should serve as a lesson 
on the barriers that exist for individuals with disabilities in 
accessing basic quality health care. We should take action to ensure 
that these barriers are eliminated to prevent Debbie's story from being 
repeated. I urge my colleagues to cosponsor this important legislation.
                                 ______
                                 
      By Mr. McCAIN:
  S. 3908. A bill to ensure that private property, public safety, and 
human life are protected from flood hazards that directly result from 
post-fire watershed conditions that are created by wildfires on Federal 
land; to the Committee on Energy and Natural Resources.
  Mr. McCAIN. Mr. President, today I am introducing legislation that 
would assist several communities in northern Arizona, and any other 
community in the United States, whose homes were damaged or destroyed 
in flash flood event caused by wildfires on federal lands. I am 
saddened to report that the flood in Arizona which is the genesis of 
this bill also killed a 12-year-old girl and caused an estimated $8 
million in damage to the area's public infrastructure. While the flood 
itself occurred on July 20, 2010, the true account of this disaster 
actually began one month prior with a wildfire on the Coconino National 
Forest. The human-caused ``Schultz Fire'' severely burned 15,000 acres 
of forest land along the steep terrain of the San Francisco Peaks 
leaving little ground vegetation to absorb and hold back rainwater. 
After the fire was contained, the U.S. Forest Service quickly 
determined that residents living near the base of the Peaks would face 
a daily flooding threat from summer monsoon storms and publically urged 
them to purchase flood insurance. Less than two weeks later, a monsoon 
storm created a flash flood of rainwater, mud and wildfire debris that 
slammed into the homes below the Schultz burn area. Tragically, the 
affected homeowners who had purchased flood insurance as soon as they 
were alerted to the danger of flooding were deemed ineligible for 
coverage because Federal law mandates a 30-day waiting period before 
the policy takes effect.
  This August I had an opportunity to tour the Schultz Fire burn and 
flood areas and also met with several affected homeowners. Needless to 
say they are deeply concerned that their homes remain threatened with 
every severe storm that passes through. This rural unincorporated 
community simply does not have the resources to cope

[[Page S7811]]

with a flood plain that didn't exist before the wildfire. While we were 
able to get a U.S. Army Corps of Engineers team to study and recommend 
some interim and long-term flood mitigation measures, much work remains 
to be done including additional soil and hydrological data collection 
which would assist in the planning and design of more permanent flood 
control projects.
  This legislation would enable the FEMA Administrator to waive the 30-
day waiting period for flood insurance for private property owners 
affected by wildfires. This bill would also clarify that the recently 
created FLAME Act Accounts, which were established by Congress to pay 
for wildfire supersession, can also be used for burn area recovery, 
including post-fire watershed flood prevention. With respect to the 
Schultz Fire, the bill would enhance coordination between the Army 
Corps of Engineers, the U.S. Department of Agriculture, and other 
Federal, State and local government agencies by establishing a Schultz 
Fire Flood Area Task Force headed by the Administrator of the Federal 
Emergency Management Agency. This bill would also direct FEMA to 
complete a detailed study of the affected area to evaluate the 
potential of integrating various federal projects and programs into a 
long-term flood protection system. Finally, this bill would require 
that the Attorney General disclose any payments made under the Equal 
Access to Justice Act program that went to activist litigants who 
blocked the forest thinning project that many experts agree would have 
prevented the Schultz Fire from occurring.
  The flood risk to this community will remain high for many years 
unless action is taken now. I strongly believe that because the Schultz 
Fire occurred on Federal land, the Federal Government is obligated to 
provide an appropriate level of disaster assistance, including Federal 
flood insurance, to these homeowners. I urge my colleagues to support 
this bill.
                                 ______
                                 
      By Mrs. MURRAY (for herself, Ms. Cantwell, Mr. Burris, Mr. Reed, 
        Mr. Sanders, Mrs. Hagan, Mr. Schumer, Mr. Conrad, Mrs. 
        Gillibrand, Mr. Begich, Mr. Levin, Mr. Webb, and Mr. Bennet):
  S. 3914. A bill to amend title VIII of the Elementary and Secondary 
Education Act of 1965 to require the Secretary of Education to complete 
payments under such title to local educational agencies eligible for 
payments within 3 fiscal years; to the Committee on Health, Education, 
Labor, and Pensions.
  Mrs. MURRAY. Mr. President, I congratulate Child Care Resources of 
King County for 20 years of service to the community. This organization 
is a leader in King County and occupies a critical role for children 
and families within the community. Through promoting equity for all 
children, establishing community stability, and helping children 
prepare for school, Child Care Resources of King County has impacted 
and helped shape the lives of many Washingtonians.
  As a former preschool teacher, on the first day of class it was easy 
to identify which students had participated in high-quality child care 
before entering my classroom. We know that children who participate in 
high-quality care are better prepared for school and more likely to 
lead a successful life. Child Care Resources of King County has worked 
tirelessly for 20 years to ensure children in King County have access 
to high-quality care and enter school well prepared. Additionally, they 
work to incorporate culturally relevant care that reflects a child's 
culture and language which builds positive self identity and improves 
school readiness.
  I believe strongly in the Child Care Resources of King County and 
their mission. Congratulations to them on a job well done and I wish 
them twenty more years of continued success.
  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. 3914

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

     SECTION 1. TIMELY PAYMENTS.

       Section 8010 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 7710) is amended by adding at the end the 
     following:
       ``(d) Timely Payments.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall pay a local educational agency the full amount that the 
     agency is eligible to receive under this title for a fiscal 
     year not later than September 30 of the second fiscal year 
     following the fiscal year for which such amount has been 
     appropriated if, not later than 1 calendar year following the 
     fiscal year in which such amount has been appropriated, such 
     local educational agency submits to the Secretary all the 
     data and information necessary for the Secretary to pay the 
     full amount that the agency is eligible to receive under this 
     title for such fiscal year.
       ``(2) Payments with respect to fiscal years in which 
     insufficient funds are appropriated.--For a fiscal year in 
     which the amount appropriated under section 8014 is 
     insufficient to pay the full amount a local educational 
     agency is eligible to receive under this title, paragraph (1) 
     shall be applied by substituting `is available to pay the 
     agency' for `the agency is eligible to receive' each place it 
     appears.''.
                                 ______
                                 
      By Mrs. HUTCHISON (for herself and Mr. Cornyn):
  S. 3916. A bill to require the Consumer Product Safety Commission to 
study and report on the impact on consumers of permitting an increase 
in the amount of ethanol blended with gasoline for use in gasoline-
powered engines used in vehicles operated in interstate commerce, on 
public streets and roads, or offroad, appliances such as lawn mowers 
and other nonvehicular devices, and marine engines, and to require the 
National Highway Traffic Safety Administration to study and report on 
any safety or reliability impact of such an increase on motor vehicle 
engines and fuel systems; to the Committee on Commerce, Science, and 
Transportation.
  Mrs. HUTCHISON: Mr. President, I rise today to introduce legislation 
that will protect our nation's consumers from adverse impacts that 
could result from a potential government mandate to increase the 
current percentage of ethanol which is blended with gasoline. 
Significant questions and concerns exist as to the effects of 
increasing the current blend percentage of ethanol into gasoline above 
its current level of 10 percentage for motor vehicles, equipment and 
engines. If the United States Government is going to require an 
increase of the ethanol blend, I believe it is necessary to conduct 
extensive studies to ensure no Americans are injured or suffer any 
economic damages as a result of that decision.
  The legislation I am introducing today will require the Consumer 
Product Safety Commission to conduct a study of the potential impact 
consumers may face by increasing the amount of ethanol blended with 
gasoline or other petroleum products used for internal combustion 
engines. This study would examine how the higher blend would impact 
consumers in different regions of the country through interstate 
commerce, whether the cost increase is associated with the higher blend 
rate and most importantly, whether a higher blend of gasoline and 
ethanol poses danger to consumers' well being.
  Additionally, my legislation would require the National Highway 
Traffic Safety Administration to conduct a study to determine whether 
the use of ethanol-gasoline blends of more than 10 percent will have an 
adverse impact on tailpipe emissions, exhaust temperatures, catalytic 
converters and motor engine performance.
  I believe it is irresponsible for the United States Government to 
require an untested mandate, such an increase in the percentage of 
ethanol mixed with gasoline, without all tests having been performed to 
guarantee there are no detrimental consequences on any American. It is 
common sense for all of the science to be revealed before such an 
important decision is made, and that is what my legislation will do.
                                 ______
                                 
      By Mr. HATCH (for himself, Mr. Risch, Mr. Crapo, Mr. Enzi, and 
        Mr. Barrasso):
  S. 3919. A bill to remove the gray wolf from the list of threatened 
species or the list of endangered species published under the 
Endangered Species Act of 1973, and for other purposes; to the 
Committee on Environment and Public Works.
  Mr. HATCH. Mr. President, I rise today to introduce S. 3919, an act 
to remove Endangered Species Act, ESA,

[[Page S7812]]

protections for gray wolves. Delisting of this species is long overdue.
  Gray wolves are listed as endangered under the ESA in the United 
States, except in Minnesota where they are listed as threatened. The 
U.S. Fish and Wildlife Service removed ESA protection from these wolves 
in 2009, but subsequently reinstated protection under a court decision 
following a lawsuit.
  Legislative action is the only solution to stop the endless cycle of 
litigation and return the sovereign ability of states to manage their 
wildlife. Gray wolves are the iconic species of the ESA. But we cannot 
let the preconceived and inaccurate perceptions surrounding this animal 
prevent us from doing our due diligence in providing protections and 
safeguards for other species including elk, deer, moose, and big horn 
sheep. With a population growth rate of 24 percent, gray wolf 
overpopulation is now doing significant damage to wildlife populations 
throughout the West and Midwest.
  Gray wolf predation is erasing decades of effort and hundreds of 
millions invested in rebuilding healthy big game populations. Wolves do 
not know or care where recovery plan lines are drawn. They will roam 
wherever necessary to find adequate food and habitat. Research 
indicates that wolf and ungulate populations are generally inversely 
proportional and cyclical over relatively long periods of time.
  Ill-advised experimentation and anti-management philosophy continues 
to be pushed by extreme animal rights and anti-sportsmen special 
interest groups. This war on the west threatens big game herds, 
proactive State wildlife management, use of renewable wildlife 
resources, and the western way of life. This bill, while viewed with 
suspicion and opposed with philosophical arguments by some 
environmental organizations, ensures that delicate wildlife populations 
are restored to healthy levels.
  When Congress passed the ESA, it envisioned legislation to make 
certain that species would not become extinct. The key to success of 
the new law was finding a way to conserve and protect species truly in 
danger of becoming extinct. The gray wolf is not endangered as a 
species. There are thousands alive and well in North America. The ESA 
has become a vehicle by which some organizations and individuals seek 
to halt all activities on our public lands which they happen to oppose. 
I would submit to you that such use of the ESA was not envisioned nor 
would it have been condoned by a majority of those who originally 
crafted the law.
  Some groups want to use the gray wolf as a surrogate for other 
agendas. Others have used it to raise a lot of money from citizens of 
this country truly concerned about the place of the wolf in our 
environment. Still others have used it for political purposes. What a 
shame that the laws of this great Nation can be subverted for purposes 
other than the reason the law was originally written.
  The gray wolf has been protected by the ESA since 1973, the year the 
ESA was passed. The single exception to that classification is in the 
State of Minnesota where they are classified as threatened. The 
original recovery plan for the gray wolf in the Northern Rockies was 
written in 1974. The main States involved are owned largely by the 
Federal Government. Thirty percent of Montana, 50 percent of Wyoming, 
and 64 percent of Idaho is federally owned. Access to and use of the 
public lands and resources on them has a great deal to do with the 
economy of these sparsely populated States. When the economy suffers, 
so do these communities and these people.
  The working men and women of our States have no alternative but to 
rely on continued access to and the use of grass, water, timber, and 
minerals from public lands to support their families. Those working 
people have mortgages to pay just like you and I; they have bills that 
are due each month; and they want to be able to feed and clothe their 
children just as you and I do.
  We must recognize the legitimate concerns of the hundreds of honest, 
hardworking citizens who are being directly affected by the continued 
listing of the gray wolf on the ESA. In my opinion, we have a 
responsibility to protect their right to make an honest living and to 
live the lifestyle they have chosen.
  I hope my colleagues will join me in this attempt to resolve this 
important issue.
                                 ______
                                 
      By Mr. AKAKA (for himself, Mr. Carper, and Mr. Voinovich):
  S. 3922. A bill to underscore the importance of international nuclear 
safety cooperation for operating power reactors, encouraging the 
efforts of the Convention on Nuclear Safety, supporting progress in 
improving nuclear safety, and enhancing the public availability of 
nuclear safety information; to the Committee on Foreign Relations.
  Mr. AKAKA. Mr. President, I rise today to introduce the Furthering 
International Nuclear Safety Act of 2010. This bipartisan legislation, 
which is cosponsored by Senators Carper and Voinovich, will enhance the 
implementation of the Convention on Nuclear Safety by taking a more 
systematic approach to improving civilian nuclear power safety.
  The Chernobyl disaster in Ukraine in 1986 was the worst nuclear power 
accident in history and made clear the need for international nuclear 
safety norms. According to a report commissioned by United Nations 
agencies, millions of people were exposed to high doses of radiation 
and approximately 350,000 people were displaced from their homes. On 
top of this, the countries most directly impacted by the disaster were 
estimated to have suffered economic damages on the order of hundreds of 
billions of dollars, while thousands of square miles of agricultural 
and forest lands were removed from service.
  In the aftermath of this accident, over 50 countries, led by the 
United States, worked together to develop the Convention on Nuclear 
Safety. This convention was formally established in 1994, and the 
United States joined in 1999. Through the cooperative nature of the 
convention, which relies on peer-reviewed national reports and the 
sharing of best practices, countries that are party to the treaty have 
been able to improve their nuclear safety.
  Although civilian nuclear power programs have become safer, we must 
not be complacent. As history has shown, a nuclear accident in one 
country can have devastating effects across several countries. 
Currently there are over 400 civilian nuclear power reactors operating 
in 29 countries around the world, and at least 56 more are under 
construction. Countries such as Jordan, the United Arab Emirates, 
Indonesia, Libya, Thailand, and Vietnam are interested in starting 
civilian nuclear power programs. The construction of new nuclear power 
facilities, along with an increasing number of countries readying to 
build nuclear power plants, should be accompanied by greater attention 
to nuclear safety.
  Earlier this year, the Government Accountability Office, GAO, 
completed a review of the Convention in which GAO obtained the views of 
40 parties to the Convention, while carefully protecting individual 
respondent information. GAO found that the Convention has been very 
successful in improving nuclear safety, but made recommendations to the 
United States Government that would enhance the Convention's 
effectiveness.
  The bill I am introducing today will implement GAO's recommendations 
and additional steps to improve safety. This bill requires the United 
States delegate to the Convention to take certain actions to enhance 
international nuclear safety. This includes the United States 
advocating that parties to the Convention more systematically assess 
their own progress in improving nuclear safety through the broader use 
of performance metrics. Additionally, to increase access to information 
about nuclear safety and implementation of the Convention, the delegate 
to the Convention will encourage parties to post their annual reports 
and answers to questions from other parties on the International Atomic 
Energy Agency's, IAEA, public website. IAEA will be encouraged to offer 
additional support, such as providing assistance as needed for the 
production of parties' national reports; support for Convention 
meetings, including language translation services; and providing 
additional technical support to improve civilian nuclear power program 
safety. Further, the United States delegate will encourage all 
countries that have or are considering establishing a civilian nuclear 
power program to join the Convention. Finally, this bill calls for the 
Secretary of State to lead the development

[[Page S7813]]

of a United States Government strategic plan for international nuclear 
safety cooperation for operating power reactors, and to report on the 
plan's implementation and the progress on implementing this bill.
  International nuclear safety deserves our Nation's ongoing attention. 
As we approach the 25th anniversary of the Chernobyl disaster, we 
should be mindful that the use and expansion of nuclear power needs to 
be combined with supreme vigilance and concern for safety.
  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. 3922

       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 ``Furthering International 
     Nuclear Safety Act of 2010''.

     SEC. 2. PURPOSES.

       The purposes of this Act are as follows:
       (1) To recognize the paramount importance of international 
     nuclear safety cooperation for operating power reactors.
       (2) To further the efforts of the Convention on Nuclear 
     Safety as a vital international forum on nuclear safety.
       (3) To support progress in improving nuclear safety for 
     countries that currently have or are considering the 
     development of a civilian nuclear power program.
       (4) To enhance the public availability of nuclear safety 
     information.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations of the Senate;
       (B) the Committee on Environment and Public Works of the 
     Senate;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (D) the Committee on Foreign Affairs of the House of 
     Representatives;
       (E) the Committee on Energy and Commerce of the House of 
     Representatives; and
       (F) the Committee on Oversight and Government Reform of the 
     House of Representatives.
       (2) Convention.--The term ``Convention'' means the 
     Convention on Nuclear Safety, done at Vienna September 20, 
     1994, and ratified by the United States April 11, 1999.
       (3) Meeting.--The term ``meeting'' means a meeting as 
     described under Article 20, 21, or 23 of the Convention.
       (4) National report.--The term ``national report'' means a 
     report as described under Article 5 of the Convention.
       (5) Party.--The term ``party'' means a nation that has 
     formally joined the Convention through ratification or other 
     means.
       (6) Summary report.--The term ``summary report'' means a 
     report as described under Article 25 of the Convention.

     SEC. 4. UNITED STATES EFFORTS TO FURTHER INTERNATIONAL 
                   NUCLEAR SAFETY.

       The President shall instruct the United States official 
     serving as the delegate to the meetings of the Convention on 
     Nuclear Safety pursuant to Article 24 of the Convention to 
     use the voice, vote, and influence of the United States, 
     while recognizing that these efforts by parties are 
     voluntary, to encourage, where appropriate--
       (1) parties to more systematically assess where and how 
     they have made progress in improving safety, including where 
     applicable through the incorporation of performance metric 
     tools;
       (2) parties to increase the number of national reports they 
     make available to the public by posting them to a publicly 
     available Internet Web site of the International Atomic 
     Energy Agency (IAEA);
       (3) parties to expand public dissemination of written 
     answers to questions raised by other parties about national 
     reports by posting the information to a publicly available 
     Internet Web site of the IAEA;
       (4) the IAEA to further its support of the Convention, upon 
     request by a party and where funding is available, by--
       (A) providing assistance to parties preparing national 
     reports;
       (B) providing additional assistance to help prepare for and 
     support meetings, including language translation services; 
     and
       (C) providing additional technical support to improve the 
     safety of civilian nuclear power programs; and
       (5) all countries that currently have or are considering 
     the establishment of a civilian nuclear power program to 
     formally join the Convention.

     SEC. 5. STRATEGIC PLAN.

       Not later than 180 days after the date of the enactment of 
     this Act, the Secretary of State, in cooperation with the 
     heads of other relevant United States Government agencies, 
     shall develop the United States Government's strategic plan 
     and goals for international nuclear safety cooperation for 
     operating power reactors and shall submit them to the 
     appropriate congressional committees.

     SEC. 6. REPORTS.

       Not later than 180 days after the issuance of each of the 
     first two summary reports of the Convention issued after the 
     date of the enactment of this Act--
       (1) the Secretary of State, in cooperation with the heads 
     of other relevant United States Government agencies, shall 
     submit to the appropriate congressional committees a report 
     that describes the status of implementing the strategic plan 
     and achieving the goals set forth in section 5; and
       (2) the United States official serving as the delegate to 
     the meetings of the Convention shall submit to the 
     appropriate congressional committees a report providing the 
     status of achieving the actions set forth in section 4.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Ms. Klobuchar):
  S. 3925. A bill to amend the Energy Policy and Conservation Act to 
improve the energy efficiency of, and standards applicable to, certain 
appliances and equipment, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, the Committee on Energy and Natural 
Resources has worked diligently throughout this Congress to develop 
legislation that would strengthen our nation's energy security. In July 
of last year, on a strong bipartisan vote, the Committee reported the 
American Clean Energy Leadership Act of 2009, ACELA, and this past May, 
again with bipartisan votes, the Committee reported several amendments 
that would enhance ACELA. I know that other committees also have 
reported energy legislation, with the expectation that all of this work 
would be combined into a single bill that the full Senate could 
consider.
  Unfortunately, the Senate has, so far, not been able to find a 
combination of these energy policy proposals that it can move. This 
situation is particularly unfortunate because many of the provisions 
caught in this energy policy grid-lock have no known opposition.
  There is no rational reason why the Senate should not pass 
legislation which would save our nation energy, strengthen our economy, 
save Americans money, lower carbon dioxide emissions, and to which 
there is no known opposition, should not be passed by the Senate.
  In an effort to bypass this grid-lock, I am pleased to introduce a 
bill which packages many of these consensus elements. The 
Implementation of National Consensus Appliance Agreements Act, INCAAA, 
consolidates all of the consensual legislative provisions regarding the 
Department of Energy's appliance and consumer product energy efficiency 
program that the Energy Committee has reported, along with four more-
recent agreements, into one bill.
  The DOE appliance standards program is one of the most powerful tools 
that our Nation has to reduce energy demand. It is a mature, broadly-
supported program which has been estimated to have reduced the nation's 
electricity demand by about 10 percent.
  The enactment of INCAAA would strengthen this program by 
establishing, or increasing, energy efficiency standards for several 
classes of products. Such new or improved standards have been agreed to 
by the manufacturers of these products as well by as the Nation's 
leading energy efficiency advocacy groups such as the American Council 
for an Energy Efficient Economy, the Alliance to Save Energy, and the 
Natural Resources Defense Council. INCAAA includes new efficiency 
standards for outdoor lighting, supported by the National Electrical 
Manufacturing Association and major lighting manufacturers such as 
General Electric, Osram Sylvania, Philips, and Acuity Brands.
  It includes increased efficiency standards for furnaces, heat pumps, 
and central air conditioners, supported by the Air-Conditioning, 
Heating and Refrigeration Institute and its dozens of members, 
including Carrier, Johnson Controls, Rheem and Trane.
  It includes new efficiency standards for portable lamps, supported by 
the American Lighting Association.
  It includes increased energy and water efficiency standards for 
refrigerators and freezers, clothes washers and dryers, dishwashers, 
and room air-conditioners as supported by the Association of Home 
Appliance Manufacturers and its many members, including Electrolux, 
General Electric, Panasonic, and Whirlpool.
  INCAAA also includes consensus standards and legislation reported by 
the Energy Committee covering smaller classes of products such as 
drinking

[[Page S7814]]

water dispensers, hot food holding cabinets, and electric spas. 
Finally, this bill strengthens DOE's operation and administration of 
the appliance standards programs to include accelerated rulemaking and 
updated decisionmaking criteria to include new developments such as 
emerging smart-grid technologies. It is important to note that the bill 
requires no new authorizations or spending. These changes would be 
integrated into and administered by the existing DOE program.
  The American Council for an Energy Efficiency Economy estimates that 
INCAAA would save the Nation over 1.2 Quadrillion Btus of energy each 
year by 2030--enough energy to meet the needs of 6.5 million typical 
American households. ACEEE also estimated that INCAAA would save nearly 
5 trillion gallons of water annually by 2030, roughly the amount of 
water needed to meet the current needs of every resident of Los Angeles 
for 25 years.
  Broad Senate support for the provisions of INCAAA is demonstrated by 
the bipartisan votes in the Energy Committee when many elements of this 
bill were reported as a part of ACELA, or as amendments to ACELA. Broad 
support for these consensus standards among manufacturers and energy 
efficiency, and consumer groups is voiced in the letter written to the 
Senate Majority and Minority Leaders on August 13. In this letter, 16 
manufacturing, energy efficiency advocacy, and consumer groups urged 
our Senate leadership to ``quickly pass several consensus appliance and 
equipment efficiency standards this session of Congress.''
  Even if the Senate is unable to enact comprehensive energy 
legislation this year, enactment of the consensus agreements in this 
bill offers an opportunity to strengthen our economy by reducing energy 
use, saving consumers money, and improving the environment.
  I urge my colleagues to support and co-sponsor this legislation and 
seek its enactment this year. While there are plenty of energy policy 
proposal Senators disagree on, the efficiency standards and program 
improvements in INCAAA deserves the Senate's unanimous support.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3925

       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 
     ``Implementation of National Consensus Appliance Agreements 
     Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Energy conservation standards.
Sec. 3. Energy conservation standards for heat pump pool heaters.
Sec. 4. Portable light fixtures.
Sec. 5. GU-24 base lamps.
Sec. 6. Efficiency standards for bottle-type water dispensers, 
              commercial hot food holding cabinets, and portable 
              electric spas.
Sec. 7. Test procedure petition process.
Sec. 8. Energy efficiency provisions.
Sec. 9. Measuring icemaker energy.
Sec. 10. Credit for Energy Star smart appliances.
Sec. 11. Video game console energy efficiency study.
Sec. 12. Refrigerator and freezer standards.
Sec. 13. Room air conditioner standards.
Sec. 14. Uniform efficiency descriptor for covered water heaters.
Sec. 15. Clothes dryers.
Sec. 16. Standards for clothes washers.
Sec. 17. Dishwashers.
Sec. 18. Standards for certain incandescent reflector lamps and 
              reflector lamps.
Sec. 19. Petition for amended standards.
Sec. 20. Efficiency standards for class A external power supplies.
Sec. 21. Prohibited acts.
Sec. 22. Outdoor lighting.
Sec. 23. Standards for commercial furnaces.
Sec. 24. Service over the counter, self-contained, medium temperature 
              commercial refrigerators.
Sec. 25. Motor market assessment and commercial awareness program.
Sec. 26. Study of compliance with energy standards for appliances.
Sec. 27. Study of direct current electricity supply in certain 
              buildings.
Sec. 28. Technical corrections.

     SEC. 2. ENERGY CONSERVATION STANDARDS.

       (a) Definition of Energy Conservation Standard.--Section 
     321 of the Energy Policy and Conservation Act (42 U.S.C. 
     6291) is amended--
       (1) by striking paragraph (6) and inserting the following:
       ``(6) Energy conservation standard.--
       ``(A) In general.--The term `energy conservation standard' 
     means 1 or more performance standards that--
       ``(i) for covered products (excluding clothes washers, 
     dishwashers, showerheads, faucets, water closets, and 
     urinals), prescribe a minimum level of energy efficiency or a 
     maximum quantity of energy use, determined in accordance with 
     test procedures prescribed under section 323;
       ``(ii) for showerheads, faucets, water closets, and 
     urinals, prescribe a minimum level of water efficiency or a 
     maximum quantity of water use, determined in accordance with 
     test procedures prescribed under section 323; and
       ``(iii) for clothes washers and dishwashers--

       ``(I) prescribe a minimum level of energy efficiency or a 
     maximum quantity of energy use, determined in accordance with 
     test procedures prescribed under section 323; and
       ``(II) include a minimum level of water efficiency or a 
     maximum quantity of water use, determined in accordance with 
     those test procedures.

       ``(B) Inclusions.--The term `energy conservation standard' 
     includes--
       ``(i) 1 or more design requirements, if the requirements 
     were established--

       ``(I) on or before the date of enactment of this subclause;
       ``(II) as part of a direct final rule under section 
     325(p)(4); or
       ``(III) as part of a final rule published on or after 
     January 1, 2012; and

       ``(ii) any other requirements that the Secretary may 
     prescribe under section 325(r).
       ``(C) Exclusion.--The term `energy conservation standard' 
     does not include a performance standard for a component of a 
     finished covered product, unless regulation of the component 
     is specifically authorized or established pursuant to this 
     title.''; and
       (2) by adding at the end the following:
       ``(67) EER.--The term `EER' means energy efficiency ratio.
       ``(68) HSPF.--The term `HSPF' means heating seasonal 
     performance factor.''.
       (b) EER and HSPF Test Procedures.--Section 323(b) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6293(b)) is 
     amended by adding at the end the following:
       ``(19) EER and hspf test procedures.--
       ``(A) In general.--Subject to subparagraph (B), for 
     purposes of residential central air conditioner and heat pump 
     standards that take effect on or before January 1, 2015--
       ``(i) the EER shall be tested at an outdoor test 
     temperature of 95 degrees Fahrenheit; and
       ``(ii) the HSPF shall be calculated based on Region IV 
     conditions.
       ``(B) Revisions.--The Secretary may revise the EER outdoor 
     test temperature and the conditions for HSPF calculations as 
     part of any rulemaking to revise the central air conditioner 
     and heat pump test method.''.
       (c) Central Air Conditioners and Heat Pumps.--Section 
     325(d) of the Energy Policy and Conservation Act (42 U.S.C. 
     6295(d)) is amended by adding at the end the following:
       ``(4) Central air conditioners and heat pumps (except 
     through-the-wall central air conditioners, through-the-wall 
     central air conditioning heat pumps, and small duct, high 
     velocity systems) manufactured on or after january 1, 2015.--
       ``(A) Base national standards.--
       ``(i) Seasonal energy efficiency ratio.--The seasonal 
     energy efficiency ratio of central air conditioners and 
     central air conditioning heat pumps manufactured on or after 
     January 1, 2015, shall not be less than the following:

       ``(I) Split Systems: 13 for central air conditioners and 14 
     for heat pumps.
       ``(II) Single Package Systems: 14.

       ``(ii) Heating seasonal performance factor.--The heating 
     seasonal performance factor of central air conditioning heat 
     pumps manufactured on or after January 1, 2015, shall not be 
     less than the following:

       ``(I) Split Systems: 8.2.
       ``(II) Single Package Systems: 8.0.

       ``(B) Regional standards.--
       ``(i) Seasonal energy efficiency ratio.--The seasonal 
     energy efficiency ratio of central air conditioners and 
     central air conditioning heat pumps manufactured on or after 
     January 1, 2015, and installed in States having historical 
     average annual, population weighted, heating degree days less 
     than 5,000 (specifically the States of Alabama, Arizona, 
     Arkansas, California, Delaware, Florida, Georgia, Hawaii, 
     Kentucky, Louisiana, Maryland, Mississippi, Nevada, New 
     Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, 
     Texas, and Virginia) or in the District of Columbia, the 
     Commonwealth of Puerto Rico, or any other territory or 
     possession of the United States shall not be less than the 
     following:

       ``(I) Split Systems: 14 for central air conditioners and 14 
     for heat pumps.
       ``(II) Single Package Systems: 14.

       ``(ii) Energy efficiency ratio.--The energy efficiency 
     ratio of central air conditioners (not including heat pumps) 
     manufactured on or after January 1, 2015, and installed in 
     the State of Arizona, California, New Mexico, or Nevada shall 
     be not less than the following:

       ``(I) Split Systems: 12.2 for split systems having a rated 
     cooling capacity less than 45,000 BTU per hour and 11.7 for 
     products

[[Page S7815]]

     having a rated cooling capacity equal to or greater than 
     45,000 BTU per hour.
       ``(II) Single Package Systems: 11.0.

       ``(iii) Application of subsection (o)(6).--Subsection 
     (o)(6) shall apply to the regional standards set forth in 
     this subparagraph.
       ``(C) Amendment of standards.--
       ``(i) In general.--Not later than January 1, 2017, the 
     Secretary shall publish a final rule to determine whether the 
     standards in effect for central air conditioners and central 
     air conditioning heat pumps should be amended.
       ``(ii) Application.--The rule shall provide that any 
     amendments shall apply to products manufactured on or after 
     January 1, 2022.
       ``(D) Consideration of additional performance standards or 
     efficiency criteria.--
       ``(i) Forum.--Not later than 4 years in advance of the 
     expected publication date of a final rule for central air 
     conditioners and heat pumps under subparagraph (C), the 
     Secretary shall convene and facilitate a forum for interested 
     persons that are fairly representative of relevant points of 
     view (including representatives of manufacturers of the 
     covered product, States, and efficiency advocates), as 
     determined by the Secretary, to consider adding additional 
     performance standards or efficiency criteria in the 
     forthcoming rule.
       ``(ii) Recommendation.--If, within 1 year of the initial 
     convening of such a forum, the Secretary receives a 
     recommendation submitted jointly by such representative 
     interested persons to add 1 or more performance standards or 
     efficiency criteria, the Secretary shall incorporate the 
     performance standards or efficiency criteria in the 
     rulemaking process, and, if justified under the criteria 
     established in this section, incorporate such performance 
     standards or efficiency criteria in the revised standard.
       ``(iii) No recommendation.--If no such joint recommendation 
     is made within 1 year of the initial convening of such a 
     forum, the Secretary may add additional performance standards 
     or efficiency criteria if the Secretary finds that the 
     benefits substantially exceed the burdens of the action.
       ``(E) New construction levels.--
       ``(i) In general.--As part of any final rule concerning 
     central air conditioner and heat pump standards published 
     after June 1, 2013, the Secretary shall determine if the 
     building code levels specified in section 327(f)(3)(C) should 
     be amended subject to meeting the criteria of subsection (o) 
     when applied specifically to new construction.
       ``(ii) Effective date.--Any amended levels shall not take 
     effect before January 1, 2018.
       ``(iii) Amended levels.--The final rule shall contain the 
     amended levels, if any.''.
       (d) Through-the-wall Central Air Conditioners, Through-the-
     wall Central Air Conditioning Heat Pumps, and Small Duct, 
     High Velocity Systems.--Section 325(d) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6295(d)) (as amended by 
     subsection (c)) is amended by adding at the end the 
     following:
       ``(5) Standards for through-the-wall central air 
     conditioners, through-the-wall central air conditioning heat 
     pumps, and small duct, high velocity systems.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Small duct, high velocity system.--The term `small 
     duct, high velocity system' means a heating and cooling 
     product that contains a blower and indoor coil combination 
     that--

       ``(I) is designed for, and produces, at least 1.2 inches of 
     external static pressure when operated at the certified air 
     volume rate of 220-350 CFM per rated ton of cooling; and
       ``(II) when applied in the field, uses high velocity room 
     outlets generally greater than 1,000 fpm that have less than 
     6.0 square inches of free area.

       ``(ii) Through-the-wall central air conditioner; through-
     the-wall central air conditioning heat pump.--The terms 
     `through-the-wall central air conditioner' and `through-the-
     wall central air conditioning heat pump' mean a central air 
     conditioner or heat pump, respectively, that is designed to 
     be installed totally or partially within a fixed-size opening 
     in an exterior wall, and--

       ``(I) is not weatherized;
       ``(II) is clearly and permanently marked for installation 
     only through an exterior wall;
       ``(III) has a rated cooling capacity no greater than 30,000 
     Btu/hr;
       ``(IV) exchanges all of its outdoor air across a single 
     surface of the equipment cabinet; and
       ``(V) has a combined outdoor air exchange area of less than 
     800 square inches (split systems) or less than 1,210 square 
     inches (single packaged systems) as measured on the surface 
     area described in subclause (IV).

       ``(iii) Revision.--The Secretary may revise the definitions 
     contained in this subparagraph through publication of a final 
     rule.
       ``(B) Rulemaking.--
       ``(i) In general.--Not later than June 30, 2011, the 
     Secretary shall publish a final rule to determine whether 
     standards for through-the-wall central air conditioners, 
     through-the-wall central air conditioning heat pumps and 
     small duct, high velocity systems should be established or 
     amended.
       ``(ii) Application.--The rule shall provide that any new or 
     amended standard shall apply to products manufactured on or 
     after June 30, 2016.''.
       (e) Furnaces.--Section 325(f) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(f)) is amended by adding at 
     the end the following:
       ``(5) Non-weatherized furnaces (including mobile home 
     furnaces, but not including boilers) manufactured on or after 
     may 1, 2013, and weatherized furnaces manufactured on or 
     after january 1, 2015.--
       ``(A) Base national standards.--
       ``(i)  Non-weatherized furnaces.--The annual fuel 
     utilization efficiency of non-weatherized furnaces 
     manufactured on or after May 1, 2013, shall be not less than 
     the following:

       ``(I) Gas furnaces, 80 percent.
       ``(II) Oil furnaces, 83 percent.

       ``(ii) Weatherized furnaces.--The annual fuel utilization 
     efficiency of weatherized gas furnaces manufactured on or 
     after January 1, 2015, shall be not less than 81 percent.
       ``(B) Regional standard.--
       ``(i) Annual fuel utilization efficiency.--The Secretary 
     shall by May 1, 2011, establish a standard for the annual 
     fuel utilization efficiency of non-weatherized gas furnaces 
     manufactured on or after May 1, 2013, and installed in States 
     having historical average annual, population weighted, 
     heating degree days equal to or greater than 5,000 
     (specifically the States of Alaska, Colorado, Connecticut, 
     Idaho, Illinois, Indiana, Iowa, Kansas, Maine, Massachusetts, 
     Michigan, Minnesota, Missouri, Montana, Nebraska, New 
     Hampshire, New Jersey, New York, North Dakota, Ohio, Oregon, 
     Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, 
     Washington, West Virginia, Wisconsin, and Wyoming).
       ``(ii) Application of subsection (o)(6).--Subsection (o)(6) 
     shall apply to the regional standard set forth in this 
     subparagraph.
       ``(iii) Separate standards.--The Secretary may establish 
     separate standards for furnaces to be installed in newly 
     constructed buildings and for replacement in existing 
     buildings.
       ``(C) Amendment of standards.--
       ``(i) Non-weatherized furnaces.--

       ``(I) In general.--Not later than January 1, 2014, the 
     Secretary shall publish a final rule to determine whether the 
     standards in effect for non-weatherized furnaces should be 
     amended.
       ``(II) Application.--The rule shall provide that any 
     amendments shall apply to products manufactured on or after 
     January 1, 2019.

       ``(ii) Weatherized furnaces.----

       ``(I) In general.--Not later than January 1, 2017, the 
     Secretary shall publish a final rule to determine whether the 
     standard in effect for weatherized furnaces should be 
     amended.
       ``(II) Application.--The rule shall provide that any 
     amendments shall apply to products manufactured on or after 
     January 1, 2022.

       ``(D) New construction levels.--
       ``(i) In general.--As part of any final rule concerning 
     furnace standards published after June 1, 2013, the Secretary 
     shall determine if the building code levels specified in 
     section 327(f)(3)(C) should be amended subject to meeting the 
     criteria of subsection (o) when applied specifically to new 
     construction.
       ``(ii) Effective date.--Any amended levels shall not take 
     effect before January 1, 2018.
       ``(iii) Amended levels.--The final rule shall contain the 
     amended levels, if any.''.
       (f) Exception for Certain Building Code Requirements.--
     Section 327(f) of the Energy Policy and Conservation Act (42 
     U.S.C. 6297(f)) is amended--
       (1) in paragraph (3), by striking subparagraphs (B) through 
     (F) and inserting the following:
       ``(B) The code does not contain a mandatory requirement 
     that, under all code compliance paths, requires that the 
     covered product have an energy efficiency exceeding 1 of the 
     following levels:
       ``(i) The applicable energy conservation standard 
     established in or prescribed under section 325.
       ``(ii) The level required by a regulation of the State for 
     which the Secretary has issued a rule granting a waiver under 
     subsection (d).
       ``(C) If the energy consumption or conservation objective 
     in the code is determined using covered products, including 
     any baseline building designs against which all submitted 
     building designs are to be evaluated, the objective is based 
     on the use of covered products having efficiencies not 
     exceeding--
       ``(i) for residential furnaces, central air conditioners, 
     and heat pumps, effective not earlier than January 1, 2013, 
     and until such time as a level takes effect for the product 
     under clause (ii)--

       ``(I) for the States described in section 325(f)(5)(B)(i)--

       ``(aa) 92 percent AFUE for gas furnaces; and
       ``(bb) 14 SEER for central air conditioners (not including 
     heat pumps);

       ``(II) for the States and other localities described in 
     section 325(d)(4)(B)(i) (except for the States of Arizona, 
     California, Nevada, and New Mexico)--

       ``(aa) 90 percent AFUE for gas furnaces; and
       ``(bb) 15 SEER for central air conditioners;

       ``(III) for the States of Arizona, California, Nevada, and 
     New Mexico--

       ``(aa) 92 percent AFUE for gas furnaces;
       ``(bb) 15 SEER for central air conditioners;
       ``(cc) an EER of 12.5 for air conditioners (not including 
     heat pumps) with cooling capacity less than 45,000 Btu per 
     hour; and
       ``(dd) an EER of 12.0 for air conditioners (not including 
     heat pumps) with cooling capacity of 45,000 Btu per hour or 
     more; and

       ``(IV) for all States--

[[Page S7816]]

       ``(aa) 85 percent AFUE for oil furnaces; and
       ``(bb) 15 SEER and 8.5 HSPF for heat pumps;
       ``(ii) the building code levels established pursuant to 
     section 325; or
       ``(iii) the applicable standards or levels specified in 
     subparagraph (B).
       ``(D) The credit to the energy consumption or conservation 
     objective allowed by the code for installing a covered 
     product having an energy efficiency exceeding the applicable 
     standard or level specified in subparagraph (C) is on a 1-
     for-1 equivalent energy use or equivalent energy cost basis, 
     which may take into account the typical lifetimes of the 
     products and building features, using lifetimes for covered 
     products based on information published by the Department of 
     Energy or the American Society of Heating, Refrigerating and 
     Air-Conditioning Engineers.
       ``(E) If the code sets forth 1 or more combinations of 
     items that meet the energy consumption or conservation 
     objective, and if 1 or more combinations specify an 
     efficiency level for a covered product that exceeds the 
     applicable standards and levels specified in subparagraph 
     (B)--
       ``(i) there is at least 1 combination that includes such 
     covered products having efficiencies not exceeding 1 of the 
     standards or levels specified in subparagraph (B); and
       ``(ii) if 1 or more combinations of items specify an 
     efficiency level for a furnace, central air conditioner, or 
     heat pump that exceeds the applicable standards and levels 
     specified in subparagraph (B), there is at least 1 
     combination that the State has found to be reasonably 
     achievable using commercially available technologies that 
     includes such products having efficiencies at the applicable 
     levels specified in subparagraph (C), except that no 
     combination need include a product having an efficiency less 
     than the level specified in subparagraph (B)(ii).
       ``(F) The energy consumption or conservation objective is 
     specified in terms of an estimated total consumption of 
     energy (which may be specified in units of energy or its 
     equivalent cost).'';
       (2) in paragraph (4)(B)--
       (A) by inserting after ``building code'' the first place it 
     appears the following: ``contains a mandatory requirement 
     that, under all code compliance paths,''; and
       (B) by striking ``unless the'' and all that follows through 
     ``subsection (d)''; and
       (3) by adding at the end the following:
       ``(5) Replacement of covered product.--Paragraph (3) shall 
     not apply to the replacement of a covered product serving an 
     existing building unless the replacement results in an 
     increase in capacity greater than--
       ``(A) 12,000 Btu per hour for residential air conditioners 
     and heat pumps; or
       ``(B) 20 percent for other covered products.''.

     SEC. 3. ENERGY CONSERVATION STANDARDS FOR HEAT PUMP POOL 
                   HEATERS.

       (a) Definitions.--
       (1) Efficiency descriptor.--Section 321(22) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6291(22)) is amended--
       (A) in subparagraph (E), by inserting ``gas-fired'' before 
     ``pool heaters''; and
       (B) by adding at the end the following:
       ``(F) For heat pump pool heaters, coefficient of 
     performance of heat pump pool heaters.''.
       (2) Coefficient of performance of heat pump pool heaters.--
     Section 321 of the Energy Policy and Conservation Act (42 
     U.S.C. 6291)) is amended by inserting after paragraph (25) 
     the following:
       ``(25A) Coefficient of performance of heat pump pool 
     heaters.--The term `coefficient of performance of heat pump 
     pool heaters' means the ratio of the capacity to power input 
     value obtained at the following rating conditions: 50.0 F 
     db/44.2 F wb outdoor air and 80.0 F entering water 
     temperatures, according to AHRI Standard 1160.''.
       (3) Thermal efficiency of gas-fired pool heaters.--Section 
     321(26) of the Energy Policy and Conservation Act (42 U.S.C. 
     6291(26)) is amended by inserting ``gas-fired'' before ``pool 
     heaters''.
       (b) Standards for Pool Heaters.--Section 325(e)(2) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6295(e)(2)) is 
     amended--
       (1) by striking ``(2) The thermal efficiency of pool 
     heaters'' and inserting the following:
       ``(2) Pool heaters.--
       ``(A) Gas-fired pool heaters.--The thermal efficiency of 
     gas-fired pool heaters''; and
       (2) by adding at the end the following:
       ``(B) Heat pump pool heaters.--Heat pump pool heaters 
     manufactured on or after the date of enactment of this 
     subparagraph shall have a minimum coefficient of performance 
     of 4.0.''.

     SEC. 4. PORTABLE LIGHT FIXTURES.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) (as amended by section 
     2(a)(2)) is amended by adding at the end the following:
       ``(69) Art work light fixture.--The term `art work light 
     fixture' means a light fixture designed only to be mounted 
     directly to an art work and for the purpose of illuminating 
     that art work.
       ``(70) LED light engine.--The term `LED light engine' or 
     `LED light engine with integral heat sink' means a subsystem 
     of an LED light fixture that--
       ``(A) includes 1 or more LED components, including--
       ``(i) an LED driver power source with electrical and 
     mechanical interfaces; and
       ``(ii) an integral heat sink to provide thermal 
     dissipation; and
       ``(B) may be designed to accept additional components that 
     provide aesthetic, optical, and environmental control.
       ``(71) LED light fixture.--The term `LED light fixture' 
     means a complete lighting unit consisting of--
       ``(A) an LED light source with 1 or more LED lamps or LED 
     light engines; and
       ``(B) parts--
       ``(i) to distribute the light;
       ``(ii) to position and protect the light source; and
       ``(iii) to connect the light source to electrical power.
       ``(72) Light fixture.--The term `light fixture' means a 
     product designed to provide light that includes--
       ``(A) at least 1 lamp socket; and
       ``(B) parts--
       ``(i) to distribute the light;
       ``(ii) position and protect 1 or more lamps; and
       ``(iii) to connect 1 or more lamps to a power supply.
       ``(73) Portable light fixture.--
       ``(A) In general.--The term `portable light fixture' means 
     a light fixture that has a flexible cord and an attachment 
     plug for connection to a nominal 120-volt circuit that--
       ``(i) allows the user to relocate the product without any 
     rewiring; and
       ``(ii) typically can be controlled with a switch located on 
     the product or the power cord of the product.
       ``(B) Exclusions.--The term `portable light fixture' does 
     not include--
       ``(i) direct plug-in night lights, sun or heat lamps, 
     medical or dental lights, portable electric hand lamps, signs 
     or commercial advertising displays, photographic lamps, 
     germicidal lamps, or light fixtures for marine use or for use 
     in hazardous locations (as those terms are defined in ANSI/
     NFPA 70 of the National Electrical Code); or
       ``(ii) decorative lighting strings, decorative lighting 
     outfits, or electric candles or candelabra without lamp 
     shades that are covered by Underwriter Laboratories (UL) 
     standard 588, `Seasonal and Holiday Decorative Products'.''.
       (b) Coverage.--Section 322(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292(a)) is amended--
       (1) by redesignating paragraph (20) as paragraph (21); and
       (2) by inserting after paragraph (19) the following:
       ``(20) Portable light fixtures.''.
       (c) Test Procedures.--Section 323(b) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6293(b)) (as amended by 
     section 2(b)) is amended by adding at the end the following:
       ``(20) LED fixtures and led light engines.--Test procedures 
     for LED fixtures and LED light engines shall be based on 
     Illuminating Engineering Society of North America test 
     procedure LM-79, Approved Method for Electrical and 
     Photometric Testing of Solid-State Lighting Devices and an 
     IES-approved test procedure for testing LED light engines.''.
       (d) Standards.--Section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295) is amended--
       (1) by redesignating subsection (ii) as subsection (kk); 
     and
       (2) by inserting after subsection (hh) the following:
       ``(ii) Portable Light Fixtures.--
       ``(1) In general.--Subject to paragraphs (2) and (3), 
     portable light fixtures manufactured on or after January 1, 
     2012, shall meet 1 or more of the following requirements:
       ``(A) Be a fluorescent light fixture that meets the 
     requirements of the Energy Star Program for Residential Light 
     Fixtures, Version 4.2.
       ``(B) Be equipped with only 1 or more GU-24 line-voltage 
     sockets, not be rated for use with incandescent lamps of any 
     type (as defined in ANSI standards), and meet the 
     requirements of version 4.2 of the Energy Star program for 
     residential light fixtures.
       ``(C) Be an LED light fixture or a light fixture with an 
     LED light engine and comply with the following minimum 
     requirements:
       ``(i) Minimum light output: 200 lumens (initial).
       ``(ii) Minimum LED light engine efficacy: 40 lumens/watt 
     installed in fixtures that meet the minimum light fixture 
     efficacy of 29 lumens/watt or, alternatively, a minimum LED 
     light engine efficacy of 60 lumens/watt for fixtures that do 
     not meet the minimum light fixture efficacy of 29 lumens/
     watt.
       ``(iii) All portable fixtures shall have a minimum LED 
     light fixture efficacy of 29 lumens/watt and a minimum LED 
     light engine efficacy of 60 lumens/watt by January 1, 2016.
       ``(iv) Color Correlated Temperature (CCT): 2700K through 
     4000K.
       ``(v) Minimum Color Rendering Index (CRI): 75.
       ``(vi) Power factor equal to or greater than 0.70.
       ``(vii) Portable luminaries that have internal power 
     supplies shall have zero standby power when the luminaire is 
     turned off.
       ``(viii) LED light sources shall deliver at least 70 
     percent of initial lumens for at least 25,000 hours.
       ``(D)(i) Be equipped with an ANSI-designated E12, E17, or 
     E26 screw-based socket and be prepackaged and sold together 
     with 1 screw-based compact fluorescent lamp or screw-based 
     LED lamp for each screw-based socket on the portable light 
     fixture.
       ``(ii) The compact fluorescent or LED lamps prepackaged 
     with the light fixture

[[Page S7817]]

     shall be fully compatible with any light fixture controls 
     incorporated into the light fixture (for example, light 
     fixtures with dimmers shall be packed with dimmable lamps).
       ``(iii) Compact fluorescent lamps prepackaged with light 
     fixtures shall meet the requirements of the Energy Star 
     Program for CFLs Version 4.0.
       ``(iv) Screw-based LED lamps shall comply with the minimum 
     requirements described in subparagraph (C).
       ``(E) Be equipped with 1 or more single-ended, non-screw 
     based halogen lamp sockets (line or low voltage), a dimmer 
     control or high-low control, and be rated for a maximum of 
     100 watts.
       ``(2) Review.--
       ``(A) Review.--The Secretary shall review the criteria and 
     standards established under paragraph (1) to determine if 
     revised standards are technologically feasible and 
     economically justified.
       ``(B) Components.--The review shall include consideration 
     of--
       ``(i) whether a separate compliance procedure is still 
     needed for halogen fixtures described in subparagraph (E) 
     and, if necessary, what an appropriate standard for halogen 
     fixtures shall be;
       ``(ii) which of the specific technical criteria described 
     in subparagraphs (A), (C), and (D)(iii) should be modified; 
     and
       ``(iii) which fixtures should be exempted from the light 
     fixture efficacy standard as of January 1, 2016, because the 
     fixtures are primarily decorative in nature (as defined by 
     the Secretary) and, even if exempted, are likely to be sold 
     in limited quantities.
       ``(C) Timing.--
       ``(i) Determination.--Not later than January 1, 2014, the 
     Secretary shall publish amended standards, or a determination 
     that no amended standards are justified, under this 
     subsection.
       ``(ii) Standards.--Any standards under this subsection take 
     effect on January 1, 2016.
       ``(3) Art work light fixtures.--Art work light fixtures 
     manufactured on or after January 1, 2012, shall--
       ``(A) comply with paragraph (1); or
       ``(B)(i) contain only ANSI-designated E12 screw-based line-
     voltage sockets;
       ``(ii) have not more than 3 sockets;
       ``(iii) be controlled with an integral high/low switch;
       ``(iv) be rated for not more than 25 watts if fitted with 1 
     socket; and
       ``(v) be rated for not more than 15 watts per socket if 
     fitted with 2 or 3 sockets.
       ``(4) Exception from preemption.--Notwithstanding section 
     327, Federal preemption shall not apply to a regulation 
     concerning portable light fixtures adopted by the California 
     Energy Commission on or before January 1, 2014.''.

     SEC. 5. GU-24 BASE LAMPS.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) (as amended by section 
     4(a)) is amended by adding at the end the following:
       ``(74) GU-24.--The term `GU-24' '' means the designation of 
     a lamp socket, based on a coding system by the International 
     Electrotechnical Commission, under which--
       ``(A) `G' indicates a holder and socket type with 2 or more 
     projecting contacts, such as pins or posts;
       ``(B) `U' distinguishes between lamp and holder designs of 
     similar type that are not interchangeable due to electrical 
     or mechanical requirements; and
       ``(C) 24 indicates the distance in millimeters between the 
     electrical contact posts.
       ``(75) GU-24 adaptor.--
       ``(A) In general.--The term `GU-24 Adaptor' means a 1-piece 
     device, pig-tail, wiring harness, or other such socket or 
     base attachment that--
       ``(i) connects to a GU-24 socket on 1 end and provides a 
     different type of socket or connection on the other end; and
       ``(ii) does not alter the voltage.
       ``(B) Exclusion.--The term `GU-24 Adaptor' does not include 
     a fluorescent ballast with a GU-24 base.
       ``(76) GU-24 base lamp.--`GU-24 base lamp' means a light 
     bulb designed to fit in a GU-24 socket.''.
       (b) Standards.--Section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295) (as amended by section 
     4(d)) is amended by inserting after subsection (ii) the 
     following:
       ``(jj) GU-24 Base Lamps.--
       ``(1) In general.--A GU-24 base lamp shall not be an 
     incandescent lamp as defined by ANSI.
       ``(2) GU-24 adaptors.--GU-24 adaptors shall not adapt a GU-
     24 socket to any other line voltage socket.''.

     SEC. 6. EFFICIENCY STANDARDS FOR BOTTLE-TYPE WATER 
                   DISPENSERS, COMMERCIAL HOT FOOD HOLDING 
                   CABINETS, AND PORTABLE ELECTRIC SPAS.

       (a) Definitions.--Section 321 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291) (as amended by section 
     5(a)) is amended by adding at the end the following:
       ``(77) Bottle-type water dispenser.--The term `bottle-type 
     water dispenser' means a drinking water dispenser that is--
       ``(A) designed for dispensing hot and cold water; and
       ``(B) uses a removable bottle or container as the source of 
     potable water.
       ``(78) Commercial hot food holding cabinet.--
       ``(A) In general.--The term `commercial hot food holding 
     cabinet' means a heated, fully-enclosed compartment that--
       ``(i) is designed to maintain the temperature of hot food 
     that has been cooked in a separate appliance;
       ``(ii) has 1 or more solid or glass doors; and
       ``(iii) has an interior volume of 8 cubic feet or more.
       ``(B) Exclusions.--The term `commercial hot food holding 
     cabinet' does not include--
       ``(i) a heated glass merchandising cabinet;
       ``(ii) a drawer warmer;
       ``(iii) a cook-and-hold appliance; or
       ``(iv) a mobile serving cart with both hot and cold 
     compartments.
       ``(79) Compartment bottle-type water dispenser.--The term 
     `compartment bottle-type water dispenser' means a drinking 
     water dispenser that--
       ``(A) is designed for dispensing hot and cold water;
       ``(B) uses a removable bottle or container as the source of 
     potable water; and
       ``(C) includes a refrigerated compartment with or without 
     provisions for making ice.
       ``(80) Portable electric spa.--
       ``(A) In general.--The term `portable electric spa' means a 
     factory-built electric spa or hot tub that--
       ``(i) is intended for the immersion of persons in heated 
     water circulated in a closed system; and
       ``(ii) is not intended to be drained and filled with each 
     use.
       ``(B) Inclusions.--The term `portable electric spa' 
     includes--
       ``(i) a filter;
       ``(ii) a heater (including an electric, solar, or gas 
     heater);
       ``(iii) a pump;
       ``(iv) a control; and
       ``(v) other equipment, such as a light, a blower, and water 
     sanitizing equipment.
       ``(C) Exclusions.--The term `portable electric spa' does 
     not include--
       ``(i) a permanently installed spa that, once installed, 
     cannot be moved; or
       ``(ii) a spa that is specifically designed and exclusively 
     marketed for medical treatment or physical therapy purposes.
       ``(81) Water dispenser.--The term `water dispenser' means a 
     factory-made assembly that--
       ``(A) mechanically cools and heats potable water; and
       ``(B) dispenses the cooled or heated water by integral or 
     remote means.''.
       (b) Coverage.--
       (1) In general.--Section 322(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6292(a)) (as amended by section 
     4(b)(1)) is amended--
       (A) by redesignating paragraph (21) as paragraph (24); and
       (B) by inserting after paragraph (20) the following:
       ``(21) Bottle-type water dispensers and compartment bottle-
     type water dispensers.
       ``(22) Commercial hot food holding cabinets.
       ``(23) Portable electric spas.''.
       (2) Conforming amendments.--
       (A) Section 324 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6294) is amended by striking ``(19)'' each place 
     it appears in subsections (a)(3), (b)(1)(B), (b)(3), and 
     (b)(5) and inserting ``(24)''.
       (B) Section 325(l) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(l)) is amended by striking ``paragraph 
     (19)'' each place it appears in paragraphs (1) and (2) and 
     inserting ``paragraph (24)''.
       (c) Test Procedures.--Section 323(b) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6293(b)) (as amended by 
     section 4(c)) is amended by adding at the end the following:
       ``(21) Bottle-type water dispensers.--
       ``(A) In general.--Test procedures for bottle-type water 
     dispensers and compartment bottle-type water dispensers shall 
     be based on the document `Energy Star Program Requirements 
     for Bottled Water Coolers version 1.1' published by the 
     Environmental Protection Agency.
       ``(B) Integral, automatic timers.--A unit with an integral, 
     automatic timer shall not be tested under this paragraph 
     using section 4D of the test criteria (relating to Timer 
     Usage).
       ``(22) Commercial hot food holding cabinets.--
       ``(A) In general.--Test procedures for commercial hot food 
     holding cabinets shall be based on the test procedures 
     described in ANSI/ASTM F2140-01 (Test for idle energy rate-
     dry test).
       ``(B) Interior volume.--Interior volume shall be based 
     under this paragraph on the method demonstrated in the 
     document `Energy Star Program Requirements for Commercial Hot 
     Food Holding Cabinets' of the Environmental Protection 
     Agency, as in effect on August 15, 2003.
       ``(23) Portable electric spas.--
       ``(A) In general.--Test procedures for portable electric 
     spas shall be based on the test method for portable electric 
     spas described in section 1604 of title 20, California Code 
     of Regulations, as amended on December 3, 2008.
       ``(B) Normalized consumption.--Consumption shall be 
     normalized under this paragraph for a water temperature 
     difference of 37 degrees Fahrenheit.
       ``(C) ANSI test procedure.--If the American National 
     Standards Institute publishes a test procedure for portable 
     electric spas, the Secretary shall revise the procedure 
     established under this paragraph, as determined appropriate 
     by the Secretary.''.
       (d) Standards.--Section 325 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295) (as amended by sections 
     4(d) and 5(b)) is amended--

[[Page S7818]]

       (1) by redesignating subsection (kk) as subsection (oo); 
     and
       (2) by inserting after subsection (jj) the following:
       ``(kk) Bottle-Type Water Dispensers.--Effective beginning 
     January 1, 2012--
       ``(1) a bottle-type water dispenser shall not have standby 
     energy consumption that is greater than 1.2 kilowatt-hours 
     per day; and
       ``(2) a compartment bottle-type water dispenser shall not 
     have standby energy consumption that is greater than 1.3 
     kilowatt-hours per day.
       ``(ll) Commercial Hot Food Holding Cabinets.--Effective 
     beginning January 1, 2012, a commercial hot food holding 
     cabinet shall have a maximum idle energy rate of 40 watts per 
     cubic foot of interior volume.
       ``(mm) Portable Electric Spas.--Effective beginning January 
     1, 2012, a portable electric spa shall not have a normalized 
     standby power rate of greater than 5 (V2/3) Watts 
     (in which `V' equals the fill volume (in gallons)).
       ``(nn) Revisions.--
       ``(1) In general.--Not later than January 1, 2013, the 
     Secretary shall--
       ``(A) consider in accordance with subsection (o) revisions 
     to the standards established under subsections (kk), (ll), 
     and (mm); and
       ``(B)(i) publish a final rule establishing the revised 
     standards; or
       ``(ii) make a finding that no revisions are technically 
     feasible and economically justified.
       ``(2) Effective date.--Any revised standards under this 
     subsection take effect on January 1, 2016.''.
       (e) Preemption.--Section 327 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6297) is amended--
       (1) in subsection (b)--
       (A) in paragraph (6), by striking ``or'' after the 
     semicolon at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(8) is a regulation that--
       ``(A) establishes efficiency standards for bottle-type 
     water dispensers, compartment bottle-type water dispensers, 
     commercial hot food holding cabinets, or portable electric 
     spas; and
       ``(B) is in effect on or before the date of enactment of 
     this paragraph.''; and
       (2) in subsection (c)--
       (A) in paragraph (8)(B), by striking ``and'' after the 
     semicolon at the end;
       (B) in paragraph (9)--
       (i) by striking ``except that--'' and all that follows 
     through ``if the Secretary'' and inserting ``except that if 
     the Secretary'';
       (ii) by redesignating clauses (i) and (ii) as subparagraphs 
     (A) and (B), respectively, and indenting appropriately; and
       (iii) in subparagraph (B) (as so redesignated), by striking 
     the period at the end and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(10) is a regulation that--
       ``(A) establishes efficiency standards for bottle-type 
     water dispensers, compartment bottle-type water dispensers, 
     commercial hot food holding cabinets, or portable electric 
     spas; and
       ``(B) is adopted by the California Energy Commission on or 
     before January 1, 2013.''.

     SEC. 7. TEST PROCEDURE PETITION PROCESS.

       (a) Consumer Products Other Than Automobiles.--Section 
     323(b)(1) of the Energy Policy and Conservation Act (42 
     U.S.C. 6293(b)(1)) is amended--
       (1) in subparagraph (A)(i), by striking ``amend'' and 
     inserting ``publish in the Federal Register amended''; and
       (2) by adding at the end the following:
       ``(B) Petitions.--
       ``(i) In general.--In the case of any covered product, any 
     person may petition the Secretary to conduct a rulemaking--

       ``(I) to prescribe a test procedure for the covered 
     product; or
       ``(II) to amend the test procedures applicable to the 
     covered product to more accurately or fully comply with 
     paragraph (3).

       ``(ii) Determination.--The Secretary shall--

       ``(I) not later than 90 days after the date of receipt of 
     the petition, publish the petition in the Federal Register; 
     and
       ``(II) not later than 180 days after the date of receipt of 
     the petition, grant or deny the petition.

       ``(iii) Basis.--The Secretary shall grant a petition if the 
     Secretary finds that the petition contains evidence that, 
     assuming no other evidence was considered, provides an 
     adequate basis for determining that an amended test method 
     would more accurately or fully comply with paragraph (3).
       ``(iv) Effect on other requirements.--The granting of a 
     petition by the Secretary under this subparagraph shall 
     create no presumption with respect to the determination of 
     the Secretary that the proposed test procedure meets the 
     requirements of paragraph (3).
       ``(v) Rulemaking.--

       ``(I) In general.--Except as provided in subclause (II), 
     not later than the end of the 18-month period beginning on 
     the date of granting a petition, the Secretary shall publish 
     an amended test method or a determination not to amend the 
     test method.
       ``(II) Extension.--The Secretary may extend the period 
     described in subclause (I) for 1 additional year.
       ``(III) Direct final rule.--The Secretary may adopt a 
     consensus test procedure in accordance with the direct final 
     rule procedure established under section 325(p)(4).''.

       (b) Certain Industrial Equipment.--Section 343 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6314) is 
     amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) Amendment and petition process.--
       ``(A) In general.--At least once every 7 years, the 
     Secretary shall review test procedures for all covered 
     equipment and--
       ``(i) publish in the Federal Register amended test 
     procedures with respect to any covered equipment, if the 
     Secretary determines that amended test procedures would more 
     accurately or fully comply with paragraphs (2) and (3); or
       ``(ii) publish notice in the Federal Register of any 
     determination not to amend a test procedure.
       ``(B) Petitions.--
       ``(i) In general.--In the case of any class or category of 
     covered equipment, any person may petition the Secretary to 
     conduct a rulemaking--

       ``(I) to prescribe a test procedure for the covered 
     equipment; or
       ``(II) to amend the test procedures applicable to the 
     covered equipment to more accurately or fully comply with 
     paragraphs (2) and (3).

       ``(ii) Determination.--The Secretary shall--

       ``(I) not later than 90 days after the date of receipt of 
     the petition, publish the petition in the Federal Register; 
     and
       ``(II) not later than 180 days after the date of receipt of 
     the petition, grant or deny the petition.

       ``(iii) Basis.--The Secretary shall grant a petition if the 
     Secretary finds that the petition contains evidence that, 
     assuming no other evidence was considered, provides an 
     adequate basis for determining that an amended test method 
     would more accurately promote energy or water use efficiency.
       ``(iv) Effect on other requirements.--The granting of a 
     petition by the Secretary under this paragraph shall create 
     no presumption with respect to the determination of the 
     Secretary that the proposed test procedure meets the 
     requirements of paragraphs (2) and (3).
       ``(v) Rulemaking.--

       ``(I) In general.--Except as provided in subclause (II), 
     not later than the end of the 18-month period beginning on 
     the date of granting a petition, the Secretary shall publish 
     an amended test method or a determination not to amend the 
     test method.
       ``(II) Extension.--The Secretary may extend the period 
     described in subclause (I) for 1 additional year.
       ``(III) Direct final rule.--The Secretary may adopt a 
     consensus test procedure in accordance with the direct final 
     rule procedure established under section 325(p).'';

       (2) by striking subsection (c); and
       (3) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively.

     SEC. 8. ENERGY EFFICIENCY PROVISIONS.

       (a) Direct Final Rule.--Section 323(b)(1) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6293(b)(1)) (as 
     amended by section 7(a)(2)) is amended by adding at the end 
     the following:
       ``(C) Test procedures.--The Secretary may, in accordance 
     with the requirements of this subsection, prescribe test 
     procedures for any consumer product classified as a covered 
     product under section 322(b).
       ``(D) New or amended test procedures.--The Secretary shall 
     direct the National Institute of Standards and Technology to 
     assist in developing new or amended test procedures.''.
       (b) Criteria for Prescribing New or Amended Standards.--
     Section 325(o) of the Energy Policy and Conservation Act (42 
     U.S.C. 6295(o)) is amended--
       (1) in paragraph (2)(B)--
       (A) in clause (i)--
       (i) in subclause (III), by adding before the semicolon 
     ``and the estimated impact on average energy prices'';
       (ii) in subclause (VI), by striking ``; and'' and inserting 
     a semicolon;
       (iii) by redesignating subclause (VII) as subclause (VIII); 
     and
       (iv) by inserting after subclause (VI) the following:

       ``(VII) the net energy, environmental, and economic impacts 
     due to smart grid technologies or capabilities in a covered 
     product that enable demand response or response to time-
     dependent energy pricing, taking into consideration the rate 
     of use of the smart grid technologies or capabilities over 
     the life of the product that is likely to result from the 
     imposition of the standard; and''; and

       (B) in clause (iii)--
       (i) by striking ``(iii) If the Secretary finds'' and 
     inserting the following:
       ``(iii) Rebuttable presumption.--

       ``(I) In general.--Subject to subclause (II), if the 
     Secretary finds'';

       (ii) in subclause (I) (as designated by clause (i)), by 
     striking ``three'' and inserting ``4''; and
       (iii) by striking the second sentence and inserting the 
     following:

       ``(II) Multiplier for certain products.--For any product 
     with an average expected useful life of less than 4 years, 
     the rebuttable presumption described in subclause (I) shall 
     be determined using 75 percent of the average expected useful 
     life of the product as a multiplier instead of 4.

[[Page S7819]]

       ``(III) Requirement for rebuttal of presumption.--A 
     presumption described in subclause (I) may be rebutted only 
     if the Secretary finds, based on clear and substantial 
     evidence, that--

       ``(aa) the standard level would cause substantial hardship 
     to the average consumer of the product, or to manufacturers 
     supplying a significant portion of the market for the 
     product, in terms of manufacturing or product cost or loss of 
     product utility or features, the aggregate of which outweighs 
     the benefits of the standard level;
       ``(bb) the standard and implementing regulations cannot 
     reasonably be designed to avoid or mitigate any hardship 
     described in item (aa) (including through the adoption of 
     regional standards for the products identified in, and 
     consistent with, paragraph (6) or other reasonable means 
     consistent with this part) and the hardship cannot be avoided 
     or mitigated through the procedures described in section 504 
     of the Department of Energy Organization Act (42 U.S.C. 
     7194); and
       ``(cc) the same or a substantially similar hardship with 
     respect to a hardship described in item (aa) would not occur 
     under a standard adopted in the absence of the presumption, 
     but that otherwise meets the requirements of this section.

       ``(IV) Prohibited factors for determination.--

       ``(aa) In general.--Except as provided in item (bb), a 
     determination by the Secretary that the criteria triggering a 
     presumption described in subclause (I) are not met, or that 
     the criterion for rebutting the presumption are met, shall 
     not be taken into consideration by the Secretary in 
     determining whether a standard is economically justified.
       ``(bb) Exception.--Evidence presented regarding the 
     presumption may be considered by the Secretary in making a 
     determination described in item (aa).''; and
       (2) by adding at the end the following:
       ``(7) Incorporation of smart grid technologies.--
       ``(A) In general.--The Secretary, after consultation with 
     the Director of the National Institute of Standards and 
     Technology, may incorporate smart grid technologies or 
     capabilities into standards described in subparagraph (B).
       ``(B) Standards.--Standards referred to in subparagraph (A) 
     shall meet the requirements of this section, including 
     through incorporation of--
       ``(i) standards that provide credit for smart grid 
     technologies or capabilities, if the smart grid technologies 
     or capabilities provide net benefits substantially equivalent 
     to benefits of products that meet the standards without smart 
     grid technologies or capabilities, taking into consideration 
     energy, economic, and environmental impacts (including 
     emissions reductions from electrical generation); and
       ``(ii) 1 or more performance standards or design 
     requirements, if the required smart grid technologies or 
     capabilities are technologically feasible and provide net 
     benefits, taking into consideration energy, economic, and 
     environmental impacts (including emissions reductions from 
     electrical generation).''.
       (c) Obtainment of Appliance Information From 
     Manufacturers.--Section 326 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6296) is amended by striking 
     subsection (d) and inserting the following:
       ``(d) Information Requirements.--
       ``(1) In general.--For purposes of carrying out this part, 
     the Secretary shall promulgate proposed regulations not later 
     than 1 year after the date of enactment of the Implementation 
     of National Consensus Appliance Agreements Act, and after 
     receiving public comment, final regulations not later than 18 
     months after the date of enactment of that Act, under this 
     part or other provision of law administered by the Secretary, 
     that shall require each manufacturer of a covered product, on 
     a product specific basis, to submit information or reports to 
     the Secretary--
       ``(A) in such form as the Secretary may adopt; and
       ``(B)(i) on an annual basis; or
       ``(ii) at longer-than-annual intervals, but not less 
     frequently than once every 3 years.
       ``(2) Form and content of reports.--The form and content of 
     each report required by a manufacturer of a covered product 
     under paragraph (1)--
       ``(A) may vary by product type, as determined by the 
     Secretary; and
       ``(B) shall include information or data regarding--
       ``(i) the annual shipments by the manufacturer of each 
     class or category of covered products, subdivided, to the 
     extent practicable, by--

       ``(I) energy efficiency, energy use, and, in the case of 
     products with water use standards, water use;
       ``(II) the presence or absence of such efficiency related 
     or energy consuming operational characteristics or components 
     that are or may be required as part of a standard as the 
     Secretary determines to be relevant for the purposes of 
     carrying out this part; and
       ``(III) for covered products for which the Secretary may 
     adopt regional standards, shipments to California and 
     regional location of sale; and

       ``(ii) such other categories of information that the 
     Secretary determines to be relevant to carry out this part, 
     including such other information that may be necessary--

       ``(I) to establish and revise--

       ``(aa) test procedures;
       ``(bb) labeling rules; and
       ``(cc) energy conservation standards;

       ``(II) to ensure compliance with the requirements of this 
     part; and
       ``(III) to estimate the impacts on consumers and 
     manufacturers of energy conservation standards in effect as 
     of the reporting date.

       ``(3) Requirements of secretary in promulgating 
     regulations.--
       ``(A) In general.--In promulgating regulations under 
     paragraph (1), the Secretary shall consider--
       ``(i) existing public sources of information, including 
     nationally recognized certification or verification programs 
     of trade associations and States; and
       ``(ii)(I) whether some or all of the information described 
     in paragraph (2) is submitted to another Federal agency; and
       ``(II) the means by which to minimize any duplication of 
     requests for information by Federal agencies.
       ``(B) Coordination with trade associations and states.--In 
     carrying out subparagraph (A)(i), the Secretary shall, to the 
     extent practicable, coordinate with trade associations and 
     States--
       ``(i) to ensure the uniformity of the reporting 
     requirements; and
       ``(ii) to mitigate reporting burdens.
       ``(4) Minimization of burdens on manufacturers.--In 
     carrying out this subsection, the Secretary shall exercise 
     the authority of the Secretary under this subsection in a 
     manner designed to minimize burdens on the manufacturers of 
     covered products.
       ``(5) Reporting of energy information.--
       ``(A) In general.--Section 11(d) of the Energy Supply and 
     Environmental Coordination Act of 1974 (15 U.S.C. 796(d)) 
     shall apply with respect to information obtained under this 
     subsection to the same extent and in the same manner as 
     section 11(d) of that Act applies with respect to energy 
     information obtained under section 11 of that Act.
       ``(B) Disclosure of industry aggregated shipment data.--To 
     protect individual company shipment information from public 
     disclosure, the Secretary shall, to the maximum extent 
     practicable, disclose to the public the information required 
     under clauses (i) and (ii) of paragraph (2)(B) in a form that 
     has been aggregated by industry associations that are 
     authorized by manufacturers to report the aggregated 
     information for public disclosure on behalf of the 
     manufacturers.
       ``(6) Limitations.--Nothing in this subsection limits--
       ``(A) the ability of any State to collect information and 
     data from manufacturers, industry or trade associations, or 
     other entities, pursuant to the statutory or regulatory 
     authority of the State;
       ``(B) the application of section 327(a) to any State law 
     (including regulations); or
       ``(C) the authority of the Secretary to require each 
     manufacturer of a covered product to submit information or 
     reports regarding the compliance by the manufacturer with the 
     requirements of this part.
       ``(7) Periodic revisions.--In accordance with each 
     procedure and criteria required under paragraph (1), the 
     Secretary may periodically revise the reporting requirements 
     adopted under this subsection.''.
       (d) Waiver of Federal Preemption.--Section 327(d)(1) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6297(d)(1)) is 
     amended--
       (1) in subparagraph (B)--
       (A) by inserting ``(i)'' before ``Subject to paragraphs''; 
     and
       (B) by adding at the end the following:
       ``(ii) In making a finding under clause (i), the Secretary 
     may not reject a petition for failure of the petitioning 
     State or river basin commission to produce confidential 
     information maintained by any manufacturer or distributor, or 
     group or association of manufacturers or distributors, that 
     the petitioning party has requested and not received.''; and
       (2) in the matter following subparagraph (C)(ii), by adding 
     at the end the following: ``Notwithstanding the preceding 
     sentence, the Secretary may approve a waiver petition 
     submitted by a State that does not have an energy plan and 
     forecast if the waiver petition concerns a State regulation 
     adopted pursuant to a notice and comment rulemaking 
     proceeding.''.
       (e) Permitting States to Seek Injunctive Enforcement.--
     Section 334 of the Energy Policy and Conservation Act (42 
     U.S.C. 6304) is amended to read as follows:

     ``SEC. 334. PERMITTING STATES TO SEEK INJUNCTIVE ENFORCEMENT.

       ``(a) Jurisdiction.--The United States district courts 
     shall have original jurisdiction of a civil action seeking an 
     injunction to restrain--
       ``(1) any violation of section 332; and
       ``(2) any person from distributing in commerce any covered 
     product that does not comply with an applicable rule under 
     section 324 or 325.
       ``(b) Authority.--
       ``(1) In general.--Except as provided in paragraph (2), an 
     action under subsection (a) shall be brought by--
       ``(A) the Commission; or
       ``(B) the attorney general of a State in the name of the 
     State.
       ``(2) Exceptions.--
       ``(A) In general.--Notwithstanding paragraph (1), only the 
     Secretary may bring an action under this section to 
     restrain--
       ``(i) a violation of section 332(a)(3) relating to a 
     requirement prescribed by the Secretary;

[[Page S7820]]

       ``(ii) a violation of section 332(a)(4) relating to a 
     request by the Secretary under section 326(b)(2); or
       ``(iii) a violation of paragraph (8), (9), or (10) of 
     section 332(a).
       ``(B) Other prohibited acts.--An action under this section 
     regarding a violation of paragraph (5) or (7) of section 
     332(a) shall be brought by--
       ``(i) the Secretary; or
       ``(ii) the attorney general of a State in the name of the 
     State.
       ``(c) Limitation.--If an action under this section is 
     brought by the attorney general of a State--
       ``(1) not less than 30 days before the date of commencement 
     of the action, the State shall--
       ``(A) provide written notice to the Secretary and the 
     Commission; and
       ``(B) provide the Secretary and the Commission with a copy 
     of the complaint;
       ``(2) the Secretary and the Commission--
       ``(A) may intervene in the suit or action;
       ``(B) upon intervening, shall be heard on all matters 
     arising from the suit or action; and
       ``(C) may file petitions for appeal;
       ``(3) no separate action may be brought under this section 
     if, at the time written notice is provided under paragraph 
     (1), the same alleged violation or failure to comply is the 
     subject of a pending action, or a final judicial judgment or 
     decree, by the United States under this Act; and
       ``(4) the action shall not be construed--
       ``(A) as to prevent the attorney general of a State, or 
     other authorized officer of the State, from exercising the 
     powers conferred on the attorney general, or other authorized 
     officer of the State, by the laws of the State (including 
     regulations); or
       ``(B) as to prohibit the attorney general of a State, or 
     other authorized officer of the State, from proceeding in a 
     Federal or State court on the basis of an alleged violation 
     of any civil or criminal statute of the State.
       ``(d) Venue; Service of Process.--
       ``(1) Venue.--An action under this section may be brought 
     in the United States district court for--
       ``(A) the district in which the act, omission, or 
     transaction constituting the applicable violation occurred; 
     or
       ``(B) the district in which the defendant--
       ``(i) resides; or
       ``(ii) transacts business.
       ``(2) Service of process.--In an action under this section, 
     process may be served on a defendant in any district in which 
     the defendant resides or is otherwise located.''.
       (f) Treatment of Appliances Within Building Codes.--Section 
     327 of the Energy Policy and Conservation Act (42 U.S.C. 
     6297) is amended by adding at the end the following:
       ``(h) Recognition of Alternative Refrigerant Uses.--With 
     respect to State or local laws (including regulations) 
     prohibiting, limiting, or restricting the use of alternative 
     refrigerants for specific end uses approved by the 
     Administrator of the Environmental Protection Agency pursuant 
     to the Significant New Alternatives Program under section 612 
     of the Clean Air Act (42 U.S.C. 7671k) for use in a covered 
     product under section 322(a)(1) considered on or after the 
     date of enactment of this subsection, notice shall be 
     provided to the Administrator before or during any State or 
     local public comment period to provide to the Administrator 
     an opportunity to comment.''.
       (g) Enforcement.--Section 333 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6303) is amended--
       (1) in subsection (a)--
       (A) by striking the first sentence and inserting the 
     following:
       ``(1) Prohibited acts.--Except as provided in subsection 
     (c), any person who knowingly violates any provision of 
     section 332, or any regulation promulgated pursuant to that 
     section, shall be subject to a civil penalty.'';
       (B) in the second sentence--
       (i) by striking ``Such penalties'' and inserting the 
     following:
       ``(2) Assessment.--The penalties''; and
       (ii) by striking ``violations of section 332(a)(5)'' and 
     inserting ``violations of paragraphs (5), (8), (9), and (10) 
     of section 332(a)'';
       (C) in the third sentence, by striking ``Civil penalties'' 
     and inserting the following:
       ``(3) Compromise.--Civil penalties''; and
       (D) by striking the fourth sentence and inserting the 
     following:
       ``(4) Separate violations.--Each violation of paragraph 
     (1), (2), or (5) of section 332(a) shall constitute a 
     separate violation with respect to each covered product, with 
     a maximum civil penalty of up to $100,000 or $400 per unit, 
     whichever is greater, and each day of violation of paragraph 
     (3), (4), (8), (9), or (10) of section 332(a) shall 
     constitute a separate violation, with a maximum civil penalty 
     of $500 per day.''; and
       (2) in subsection (d)--
       (A) in paragraph (1), by striking the second sentence; and
       (B) in paragraph (2)(A), by striking ``Unless an election 
     is made within 30 calendar days after receipt of notice under 
     paragraph (1) to have paragraph (3) apply with respect to 
     such penalty,'' and inserting ``If the proposed penalty 
     arises from an alleged violation of paragraph (3), (4), (5), 
     (9), or (10) of section 332(a),'';
       (3) by striking paragraph (3) and inserting the following:
       ``(3) Failure to certify.--If the proposed penalty arises 
     from an alleged failure to certify a covered product as 
     required by section 332(a)(8), the Secretary shall assess the 
     penalty, by order, after an informal adjudication conducted 
     under section 555 of title 5, United States Code.''; and
       (4) in paragraph (4), in the first sentence, by striking 
     ``amount of such penalty'' and inserting ``amount of the 
     penalty, plus interest assessed from the date upon which the 
     assessment of a civil penalty became a final and unappealable 
     order under paragraph (2),''.

     SEC. 9. MEASURING ICEMAKER ENERGY.

       Section 323(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6293(b)) (as amended by section 6(c)) is amended 
     by adding at the end the following:
       ``(24) Refrigerator and freezer test procedure.--
       ``(A) In general.--Not later than January 1, 2011, the 
     Secretary shall finalize the test procedure proposed on May 
     27, 2010, with such modifications as the Secretary determines 
     to be appropriate and consistent with this part.
       ``(B) Rulemaking.--
       ``(i) Initiation.--Not later than January 1, 2012, the 
     Secretary shall initiate a rulemaking to amend the test 
     procedure described in subparagraph (A) only to incorporate 
     measured automatic icemaker energy use.
       ``(ii) Final rule.--Not later than December 31, 2012, the 
     Secretary shall publish a final rule regarding the matter 
     described in clause (i).
       ``(25) Additional home appliance test procedures.--
       ``(A) Final rule.--Not later than October 1, 2011, the 
     Secretary shall publish a final rule amending the residential 
     clothes washer test procedure.
       ``(B) Finalization of test procedure for clothes dryers.--
     Not later than April 1, 2011, the Secretary shall finalize 
     the test procedure for clothes dryers proposed on June 29, 
     2010, with such modifications as the Secretary determines to 
     be appropriate and consistent with this part.
       ``(C) Finalization of test procedure for room air 
     conditioners.--Not later than April 1, 2011, the Secretary 
     shall finalize the test procedure for room air conditioners 
     proposed on June 29, 2010, with such modifications as the 
     Secretary determines to be appropriate and consistent with 
     this part.''.

     SEC. 10. CREDIT FOR ENERGY STAR SMART APPLIANCES.

       Section 324A of the Energy Policy and Conservation Act (42 
     U.S.C. 6294a) is amended by adding at the end the following:
       ``(e) Credit for Smart Appliances.--Not later than 180 days 
     after the date of enactment of this subsection, after 
     soliciting comments pursuant to subsection (c)(5), the 
     Administrator of the Environmental Protection Agency, in 
     cooperation with the Secretary, shall determine whether to 
     update the Energy Star criteria for residential 
     refrigerators, refrigerator-freezers, freezers, dishwashers, 
     clothes washers, clothes dryers, and room air conditioners to 
     incorporate smart grid and demand response features.''.

     SEC. 11. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY.

       (a) In General.--Part B of title III of the Energy Policy 
     and Conservation Act is amended by inserting after section 
     324A (42 U.S.C. 6294a) the following:

     ``SEC. 324B. VIDEO GAME CONSOLE ENERGY EFFICIENCY STUDY.

       ``(a) Initial Study.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall conduct a 
     study of--
       ``(A) video game console energy use; and
       ``(B) opportunities for energy savings regarding that 
     energy use.
       ``(2) Inclusions.--The study under paragraph (1) shall 
     include an assessment of all power-consuming modes and media 
     playback modes of video game consoles.
       ``(b) Action on Completion.--On completion of the initial 
     study under subsection (a), the Secretary shall determine, by 
     regulation, using the criteria and procedures described in 
     section 325(n)(2), whether to initiate a process for 
     establishing minimum energy efficiency standards for video 
     game console energy use.
       ``(c) Follow-up Study.--If the Secretary determines under 
     subsection (b) that standards should not be established, the 
     Secretary shall conduct a follow-up study in accordance with 
     subsection (a) by not later than 3 years after the date of 
     the determination.''.
       (b) Application Date.--Subsection (oo)(1) of section 325 of 
     the Energy Policy and Conservation Act (42 U.S.C. 6295) (as 
     redesignated by sections 4(d)(1) and 6(d)(1)) is amended by 
     inserting ``or section 324B'' after ``subsection (l), (u), or 
     (v)'' each place it appears.

     SEC. 12. REFRIGERATOR AND FREEZER STANDARDS.

       Section 325(b) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(b)) is amended by striking paragraph (4) and 
     inserting the following:
       ``(4) Refrigerators, refrigerator-freezers, and freezers 
     manufactured as of january 1, 2014.--
       ``(A) Definition of built-in product class.--In this 
     paragraph, the term `built-in product class' means a 
     refrigerator, freezer, or refrigerator with a freezer unit 
     that--
       ``(i) is 7.75 cubic feet or greater in total volume and 24 
     inches or less in cabinet depth (not including doors, 
     handles, and custom front panels);
       ``(ii) is designed to be totally encased by cabinetry or 
     panels attached during installation;
       ``(iii) is designed to accept a custom front panel or to be 
     equipped with an integral factory-finished face;

[[Page S7821]]

       ``(iv) is designed to be securely fastened to adjacent 
     cabinetry, walls, or floors; and
       ``(v) has 2 or more sides that are not--

       ``(I) fully finished; and
       ``(II) intended to be visible after installation.

       ``(B) Maximum energy use.--
       ``(i) In general.--Based on the test procedure in effect as 
     of July 9, 2010, the maximum energy use allowed in kilowatt 
     hours per year for each product described in the table 
     contained in clause (ii) (other than refrigerators and 
     refrigerator-freezers with total refrigerated volume 
     exceeding 39 cubic feet and freezers with total refrigerated 
     volume exceeding 30 cubic feet) that is manufactured on or 
     after January 1, 2014, is specified in the table contained in 
     that clause.
       ``(ii) Standards equations.--The allowed maximum energy use 
     referred to in clause (i) is as follows:


----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
``Standards Equations
----------------------------------------------------------------------------------------------------------------
Product Description
----------------------------------------------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers
----------------------------------------------------------------------------------------------------------------
Top Freezer w/o TTD ice                                                                           7.35 AV+ 207.0
----------------------------------------------------------------------------------------------------------------
Top Freezer w/ TTD ice                                                                            7.65 AV+ 267.0
----------------------------------------------------------------------------------------------------------------
Side Freezer w/o TTD ice                                                                          3.68 AV+ 380.6
----------------------------------------------------------------------------------------------------------------
Side Freezer w/ TTD ice                                                                            7.58 AV+304.5
----------------------------------------------------------------------------------------------------------------
Bottom Freezer w/o TTD ice                                                                        3.68 AV+ 367.2
----------------------------------------------------------------------------------------------------------------
Bottom Freezer w/ TTD ice                                                                          4.0 AV+ 431.2
----------------------------------------------------------------------------------------------------------------
Manual & Partial Automatic Refrigerator-Freezers
----------------------------------------------------------------------------------------------------------------
Manual Defrost                                                                                    7.06 AV+ 198.7
----------------------------------------------------------------------------------------------------------------
Partial Automatic                                                                                  7.06 AV+198.7
----------------------------------------------------------------------------------------------------------------
All Refrigerators
----------------------------------------------------------------------------------------------------------------
Manual Defrost                                                                                      7.06AV+198.7
----------------------------------------------------------------------------------------------------------------
Automatic Defrost                                                                                 7.35 AV+ 207.0
----------------------------------------------------------------------------------------------------------------
All Freezers
----------------------------------------------------------------------------------------------------------------
Upright with manual defrost                                                                       5.66 AV+ 193.7
----------------------------------------------------------------------------------------------------------------
Upright with automatic defrost                                                                    8.70 AV+ 228.3
----------------------------------------------------------------------------------------------------------------
Chest with manual defrost                                                                         7.41 AV+ 107.8
----------------------------------------------------------------------------------------------------------------
Chest with automatic defrost                                                                     10.33 AV+ 148.1
----------------------------------------------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers-Compact Size
----------------------------------------------------------------------------------------------------------------
Top Freezer and Bottom Freezer                                                                   10.80 AV+ 301.8
----------------------------------------------------------------------------------------------------------------
Side Freezer                                                                                      6.08 AV+ 400.8
----------------------------------------------------------------------------------------------------------------
Manual & Partial Automatic Refrigerator-Freezers-Compact Size
----------------------------------------------------------------------------------------------------------------
Manual Defrost                                                                                    8.03 AV+ 224.3
----------------------------------------------------------------------------------------------------------------
Partial Automatic                                                                                 5.25 AV+ 298.5
----------------------------------------------------------------------------------------------------------------
All Refrigerators-Compact Size
----------------------------------------------------------------------------------------------------------------
Manual defrost                                                                                    8.03 AV+ 224.3
----------------------------------------------------------------------------------------------------------------
Automatic defrost                                                                                 9.53 AV+ 266.3
----------------------------------------------------------------------------------------------------------------
All Freezers-Compact Size
----------------------------------------------------------------------------------------------------------------
Upright with manual defrost                                                                       8.80 AV+ 225.7
----------------------------------------------------------------------------------------------------------------
Upright with automatic defrost                                                                   10.26 AV+ 351.9
----------------------------------------------------------------------------------------------------------------
Chest                                                                                              9.41AV+ 136.8
----------------------------------------------------------------------------------------------------------------
Automatic Defrost Refrigerator-Freezers-Built-ins
----------------------------------------------------------------------------------------------------------------
Top Freezer w/o TTD ice                                                                           7.84 AV+ 220.8
----------------------------------------------------------------------------------------------------------------
Side Freezer w/o TTD ice                                                                          3.93 AV+ 406.0
----------------------------------------------------------------------------------------------------------------
Side Freezer w/ TTD ice                                                                           8.08 AV+ 324.8
----------------------------------------------------------------------------------------------------------------
Bottom Freezer w/o TTD ice                                                                        3.91 AV+ 390.2
----------------------------------------------------------------------------------------------------------------
Bottom Freezer w/ TTD ice                                                                         4.25 AV+ 458.2
----------------------------------------------------------------------------------------------------------------
All Refrigerators-Built-ins
----------------------------------------------------------------------------------------------------------------

[[Page S7822]]

 
Automatic Defrost                                                                                 7.84 AV+ 220.8
----------------------------------------------------------------------------------------------------------------
All Freezers-Built-ins
----------------------------------------------------------------------------------------------------------------
Upright with automatic defrost                                                                    9.32 AV+ 244.6
----------------------------------------------------------------------------------------------------------------

       ``(iii) Final rules.--

       ``(I) In general.--Except as provided in subclause (II), 
     after the date of publication of each test procedure change 
     made pursuant to section 323(b)(19), in accordance with the 
     procedures described in section 323(e)(2), the Secretary 
     shall publish final rules to amend the standards specified in 
     the table contained in clause (ii).
       ``(II) Exception.--The standards amendment made pursuant to 
     the test procedure change required under section 
     323(b)(19)(B) shall be based on the difference between--

       ``(aa) the average measured automatic ice maker energy use 
     of a representative sample for each product class; and
       ``(bb) the value assumed by the Department of Energy for 
     ice maker energy use in the test procedure published pursuant 
     to section 323(b)(19)(A).

       ``(III) Applicability.--Section 323(e)(3) shall not apply 
     to the rules described in this clause.

       ``(iv) Final rule.--The Secretary shall publish any final 
     rule required by clause (iii) by not later than the later of 
     the date that is 180 days after--

       ``(I) the date of enactment of this clause; or
       ``(II) the date of publication of a final rule to amend the 
     test procedure described in section 323(b)(19).

       ``(v) New product classes.--The Secretary may establish 1 
     or more new product classes as part of the final amended 
     standard adopted pursuant to the test procedure change 
     required under section 323(b)(19)(B) if the 1 or more new 
     product classes are needed to distinguish among products with 
     automatic icemakers.
       ``(vi) Effective dates of standards.--

       ``(I) Standards amendment for first revised test 
     procedure.--A standards amendment adopted pursuant to a test 
     procedure change required under section 323(b)(19)(A) shall 
     apply to any product manufactured as of January 1, 2014.
       ``(II) Standards amendment after revised test procedure for 
     icemaker energy.--An amendment adopted pursuant to a test 
     procedure change required under section 323(b)(19)(B) shall 
     apply to any product manufactured as of the date that is 3 
     years after the date of publication of the final rule 
     amending the standards.

       ``(vii) Slope and intercept adjustments.--

       ``(I) In general.--With respect to refrigerators, freezers, 
     and refrigerator-freezers, the Secretary may, by rule, adjust 
     the slope and intercept of the equations specified in the 
     table contained in clause (ii)--

       ``(aa) based on the energy use of typical products of 
     various sizes in a product class; and
       ``(bb) if the average energy use for each of the classes is 
     the same under the new equations as under the equations 
     specified in the table contained in clause (ii).

       ``(II) Deadline.--If the Secretary adjusts the slope and 
     intercept of an equation described in subclause (I), the 
     Secretary shall publish the final rule containing the 
     adjustment by not later than July 1, 2011.

       ``(viii) Effect.--A final rule published under clause (iii) 
     pursuant to the test procedure change required under section 
     323(b)(19)(B) or pursuant to clause (iv) shall not be 
     considered to be an amendment to the standard for purposes of 
     section 325(m).''.

     SEC. 13. ROOM AIR CONDITIONER STANDARDS.

       Section 325(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(c)) is amended by adding at the end the 
     following:
       ``(3) Minimum energy efficiency ratio of room air 
     conditioners manufactured on or after june 1, 2014.--
       ``(A) In general.--Based on the test procedure in effect as 
     of July 9, 2010, the minimum energy efficiency ratios of room 
     air conditioners manufactured on or after June 1, 2014, shall 
     not be less than that specified in the table contained in 
     subparagraph (B).
       ``(B) Minimum energy efficiency ratios.--The minimum energy 
     efficiency ratios referred to in subparagraph (A) are as 
     follows:


------------------------------------------------------------------------
                   ``Product Description                     Minimum EER
------------------------------------------------------------------------
Without Reverse Cycle w/Louvers
------------------------------------------------------------------------
<6,000 Btu/h                                                        11.2
------------------------------------------------------------------------
6,000 to 7,999 Btu/h                                                11.2
------------------------------------------------------------------------
8,000-13,999 Btu/h                                                  11.0
------------------------------------------------------------------------
14,000 to 19,999 Btu/h                                              10.8
------------------------------------------------------------------------
20,000-27,999 Btu/h                                                  9.4
------------------------------------------------------------------------
$28,000 Btu/h                                                        9.0
------------------------------------------------------------------------
Without Reverse Cycle w/o Louvers
------------------------------------------------------------------------
<6,000 Btu/h                                                        10.2
------------------------------------------------------------------------
6,000 to 7,999 Btu/h                                                10.2
------------------------------------------------------------------------
8,000-10,999 Btu/h                                                   9.7
------------------------------------------------------------------------
11,000-13,999 Btu/h                                                  9.6
------------------------------------------------------------------------
14,000 to 19,999 Btu/h                                               9.4
------------------------------------------------------------------------
$20,000 Btu/h                                                        9.4
------------------------------------------------------------------------
With Reverse Cycle
------------------------------------------------------------------------
<20,000 w/Louvers Btu/h                                              9.9
------------------------------------------------------------------------
$ 20,000 w/Louvers Btu/h                                             9.4
------------------------------------------------------------------------
<14,000 w/o Louvers Btu/h                                            9.4
------------------------------------------------------------------------
$14,000 w/o Louvers Btu/h                                            8.8
------------------------------------------------------------------------
Casement
------------------------------------------------------------------------
Casement Only                                                        9.6
------------------------------------------------------------------------
Casement-Slider                                                     10.5
------------------------------------------------------------------------

       ``(C) Final rule.--
       ``(i) In general.--The final rule to amend the room air 
     conditioner test procedure adopted pursuant to section 
     323(b)(20)(C) shall amend the standards specified in the

[[Page S7823]]

     table contained in subparagraph (B) in accordance with the 
     procedures described in section 323(e)(2).
       ``(ii) Standby and off mode energy consumption.--

       ``(I) In general.--The Secretary shall integrate standby 
     and off mode energy consumption into the amended energy 
     efficiency ratios standards required under clause (i).
       ``(II) Requirements.--The amended standards described in 
     subclause (I) shall reflect the levels of standby and off 
     mode energy consumption that meet the criteria described in 
     section 325(o).

       ``(iii) Applicability.--

       ``(I) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in clause (i).
       ``(II) Amended standards.--The amended standards required 
     by this subparagraph shall apply to products manufactured on 
     or after June 1, 2014.''.

     SEC. 14. UNIFORM EFFICIENCY DESCRIPTOR FOR COVERED WATER 
                   HEATERS.

       Section 325(e) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(e)) is amended by adding at the end the 
     following:
       ``(5) Uniform efficiency descriptor for covered water 
     heaters.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Covered water heater.--The term `covered water 
     heater' means--

       ``(I) a water heater; and
       ``(II) a storage water heater, instantaneous water heater, 
     and unfired water storage tank (as defined in section 340).

       ``(ii) Final rule.--The term `final rule' means the final 
     rule published under this paragraph.
       ``(B) Publication of final rule.--Not later than 180 days 
     after the date of enactment of this paragraph, the Secretary 
     shall publish a final rule that establishes a uniform 
     efficiency descriptor and accompanying test methods for 
     covered water heaters.
       ``(C) Purpose.--The purpose of the final rule shall be to 
     replace with a uniform efficiency descriptor--
       ``(i) the energy factor descriptor for water heaters 
     established under this subsection; and
       ``(ii) the thermal efficiency and standby loss descriptors 
     for storage water heaters, instantaneous water heaters, and 
     unfired water storage tanks established under section 
     342(a)(5).
       ``(D) Effect of final rule.--
       ``(i) In general.--Notwithstanding any other provision of 
     this title, effective beginning on the effective date of the 
     final rule, the efficiency standard for covered water heaters 
     shall be denominated according to the efficiency descriptor 
     established by the final rule.
       ``(ii) Effective date.--The final rule shall take effect 1 
     year after the date of publication of the final rule under 
     subparagraph (B).
       ``(E) Conversion factor.--
       ``(i) In general.--The Secretary shall develop a 
     mathematical conversion factor for converting the measurement 
     of efficiency for covered water heaters from the test 
     procedures in effect on the date of enactment of this 
     paragraph to the new energy descriptor established under the 
     final rule.
       ``(ii) Application.--The conversion factor shall apply to 
     models of covered water heaters affected by the final rule 
     and tested prior to the effective date of the final rule.
       ``(iii) Effect on efficiency requirements.--The conversion 
     factor shall not affect the minimum efficiency requirements 
     for covered water heaters otherwise established under this 
     title.
       ``(iv) Use.--During the period described in clause (v), a 
     manufacturer may apply the conversion factor established by 
     the Secretary to rerate existing models of covered water 
     heaters that are in existence prior to the effective date of 
     the rule described in clause (v)(II) to comply with the new 
     efficiency descriptor.
       ``(v) Period.--Subclause (E) shall apply during the 
     period--

       ``(I) beginning on the date of publication of the 
     conversion factor in the Federal Register; and
       ``(II) ending on April 16, 2015.

       ``(F) Exclusions.--The final rule may exclude a specific 
     category of covered water heaters from the uniform efficiency 
     descriptor established under this paragraph if the Secretary 
     determines that the category of water heaters--
       ``(i) does not have a residential use and can be clearly 
     described in the final rule; and
       ``(ii) are effectively rated using the thermal efficiency 
     and standby loss descriptors applied (as of the date of 
     enactment of this paragraph) to the category under section 
     342(a)(5).
       ``(G) Options.--The descriptor set by the final rule may 
     be--
       ``(i) a revised version of the energy factor descriptor in 
     use as of the date of enactment of this paragraph;
       ``(ii) the thermal efficiency and standby loss descriptors 
     in use as of that date;
       ``(iii) a revised version of the thermal efficiency and 
     standby loss descriptors;
       ``(iv) a hybrid of descriptors; or
       ``(v) a new approach.
       ``(H) Application.--The efficiency descriptor and 
     accompanying test method established under the final rule 
     shall apply, to the maximum extent practicable, to all water 
     heating technologies in use as of the date of enactment of 
     this paragraph and to future water heating technologies.
       ``(I) Participation.--The Secretary shall invite interested 
     stakeholders to participate in the rulemaking process used to 
     establish the final rule.
       ``(J) Testing of alternative descriptors.--In establishing 
     the final rule, the Secretary shall contract with the 
     National Institute of Standards and Technology, as necessary, 
     to conduct testing and simulation of alternative descriptors 
     identified for consideration.
       ``(K) Existing covered water heaters.--A covered water 
     heater shall be considered to comply with the final rule on 
     and after the effective date of the final rule and with any 
     revised labeling requirements established by the Federal 
     Trade Commission to carry out the final rule if the covered 
     water heater--
       ``(i) was manufactured prior to the effective date of the 
     final rule; and
       ``(ii) complied with the efficiency standards and labeling 
     requirements in effect prior to the final rule.''.

     SEC. 15. CLOTHES DRYERS.

       Section 325(g)(4) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(g)(4)) is amended by adding at the end the 
     following:
       ``(D) Minimum energy factors for clothes dryers.--
       ``(i) In general.--Based on the test procedure in effect as 
     of July 9, 2010, clothes dryers manufactured on or after 
     January 1, 2015, shall comply with the minimum energy factors 
     specified in the table contained in clause (ii).
       ``(ii) New standards.--The minimum energy factors referred 
     to in clause (i) are as follows:


------------------------------------------------------------------------
                   ``Product Description                          EF
------------------------------------------------------------------------
Vented Electric Standard...................................         3.17
------------------------------------------------------------------------
Vented Electric Compact 120V...............................         3.29
------------------------------------------------------------------------
Vented Electric Compact 240V...............................         3.05
------------------------------------------------------------------------
Vented Gas.................................................         2.81
------------------------------------------------------------------------
Vent-Less Electric Compact 240V............................         2.37
------------------------------------------------------------------------
Vent-Less Electric Combination Washer/Dryer................         1.95
------------------------------------------------------------------------

       ``(iii) Final rule.--

       ``(I) Requirements.--

       ``(aa) In general.--Except as provided in item (bb), the 
     final rule to amend the clothes dryer test procedure adopted 
     pursuant to section 323(b)(20)(B) shall amend the energy 
     factors standards specified in the table contained in clause 
     (ii) in accordance with the procedures described in section 
     323(e)(2).
       ``(bb) Exception.--To establish a representative sample of 
     compliant products, the Secretary shall select a sample of 
     minimally compliant dryers that automatically terminate the 
     drying cycle at not less than 4 percent remaining moisture 
     content.

       ``(II) Standby and off mode energy consumption.--

       ``(aa) Integration.--The Secretary shall integrate standby 
     and off mode energy consumption into the amended standards 
     required under subclause (I).
       ``(bb) Requirements.--The amended standards described in 
     item (aa) shall reflect levels of standby and off mode energy 
     consumption that meet the criteria described in section 
     325(o).

       ``(III) Applicability.--

       ``(aa) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in subclause (I).
       ``(bb) Amended standards.--The amended standards required 
     by this clause shall apply to products manufactured on or 
     after January 1, 2015.''.

     SEC. 16. STANDARDS FOR CLOTHES WASHERS.

       Section 325(g)(9) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(g)(9)) is amended by striking subparagraph 
     (B) and inserting the following:
       ``(B) Amendment of standards.--
       ``(i) Products manufactured as of january 1, 2015.--

       ``(I) In general.--Based on the test procedure in effect as 
     of July 9, 2010, clothes washers manufactured as of January 
     1, 2015, shall comply with the minimum modified energy 
     factors and maximum water factors specified in the table 
     contained in subclause (II).
       ``(II) Standards.--The minimum modified energy factors and 
     maximum water factors referred to in subclause (I) are as 
     follows:


 
 
------------------------------------------------------------------------
                                                         ``MEF       WF
------------------------------------------------------------------------
Top Loading--Standard                                     1.72      8.0
------------------------------------------------------------------------
Top Loading--Compact                                      1.26     14.0
------------------------------------------------------------------------
Front Loading--Standard                                    2.2      4.5
------------------------------------------------------------------------
Front Loading--Compact (less than 1.6 cu. ft.             1.72      8.0
 capacity)
------------------------------------------------------------------------

       ``(ii) Products manufactured on or after january 1, 2018.--

       ``(I) In general.--Based on the test procedure in effect as 
     of July 9, 2010, top-loading clothes washers manufactured on 
     or after January 1, 2018, shall comply with the minimum 
     modified energy factors and maximum water factors specified 
     in the table contained in subclause (II).
       ``(II) Standards.--The minimum modified energy factors and 
     maximum water factors referred to in subclause (I) are as 
     follows:


[[Page S7824]]



 
 
------------------------------------------------------------------------
                                                         ``MEF       WF
------------------------------------------------------------------------
Top Loading--Standard                                      2.0      6.0
------------------------------------------------------------------------
Top Loading--Compact                                      1.81     11.6
------------------------------------------------------------------------

       ``(iii) Final rule.--

       ``(I) In general.--The final rule to amend the clothes 
     washer test procedure adopted pursuant to section 
     323(b)(20)(A) shall amend the standards described in clauses 
     (i) and (ii) in accordance with the procedures described in 
     section 323(e)(2).
       ``(II) Standby and off mode energy consumption.--

       ``(aa) Integration.--The Secretary shall integrate standby 
     and off mode energy consumption into the amended modified 
     energy factor standards required under subclause (I).
       ``(bb) Requirements.--The amended modified energy factor 
     standards described in item (aa) shall reflect levels of 
     standby and off mode energy consumption that meet the 
     criteria described in section 325(o).

       ``(III) Applicability.--

       ``(aa) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in subclause (I).
       ``(bb) Amended standards for products manufactured on or 
     after january 1, 2015.--Amended standards required by this 
     clause that are based on clause (i) shall apply to products 
     manufactured on or after January 1, 2015.
       ``(cc) Amended standards for products manufactured on or 
     after january 1, 2018.--Amended standards required by this 
     clause that are based on clause (ii) shall apply to products 
     manufactured on or after January 1, 2018.''.

     SEC. 17. DISHWASHERS.

       Section 325(g)(10) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(g)(10)) is amended--
       (1) by striking subparagraph (A);
       (2) by redesignating subparagraph (B) as subparagraph (D); 
     and
       (3) by inserting before subparagraph (D) (as redesignated 
     by paragraph (2)) the following:
       ``(A) Dishwashers manufactured on or after january 1, 
     2010.--A dishwasher manufactured on or after January 1, 2010, 
     shall--
       ``(i) for a standard size dishwasher, not exceed 355 
     kilowatt hours per year and 6.5 gallons per cycle; and
       ``(ii) for a compact size dishwasher, not exceed 260 
     kilowatt hours per year and 4.5 gallons per cycle.
       ``(B) Dishwashers manufactured on or after january 1, 
     2013.--A dishwasher manufactured on or after January 1, 2013, 
     shall--
       ``(i) for a standard size dishwasher, not exceed 307 
     kilowatt hours per year and 5.0 gallons per cycle; and
       ``(ii) for a compact size dishwasher, not exceed 222 
     kilowatt hours per year and 3.5 gallons per cycle.
       ``(C) Requirements of final rules.--
       ``(i) In general.--Any final rule to amend the dishwasher 
     test procedure after July 9, 2010, and before January 1, 
     2013, shall amend the standards described in subparagraph (B) 
     in accordance with the procedures described in section 
     323(e)(2).
       ``(ii) Applicability.--

       ``(I) Amendment of standard.--Section 323(e)(3) shall not 
     apply to the amended standards described in clause (i).
       ``(II) Amended standards.--The amended standards required 
     by this subparagraph shall apply to products manufactured on 
     or after January 1, 2013.''.

     SEC. 18. STANDARDS FOR CERTAIN INCANDESCENT REFLECTOR LAMPS 
                   AND REFLECTOR LAMPS.

       Section 325(i) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(i)) is amended by adding at the end the 
     following:
       ``(9) Certain incandescent reflector lamps.--
       ``(A) In general.--Not later than July 1, 2011, the 
     Secretary shall publish a final rule establishing standards 
     for incandescent reflector lamp types described in paragraph 
     (1)(D)(i).
       ``(B) Effective date.--The standards described in 
     subparagraph (A) shall take effect on July 1, 2013.
       ``(C) Standards.--In conducting a rulemaking for 
     incandescent reflector lamps under this paragraph after the 
     date of enactment of this paragraph, the Secretary shall 
     consider the standards for all incandescent reflector lamps, 
     including lamp types described in paragraph (1)(D)(i).
       ``(10) Reflector lamps.--
       ``(A) In general.--Not later than January 1, 2015, the 
     Secretary shall publish a final rule establishing and 
     amending standards for reflector lamps, including 
     incandescent reflector lamps.
       ``(B) Administration.--In conducting the rulemaking for 
     reflector lamps under this paragraph, the Secretary shall 
     consider--
       ``(i) incandescent and nonincandescent technologies; and
       ``(ii) a new metric, other than lumens per watt, that is 
     based on the photometric distribution of those lamps.
       ``(C) Effective date.--The standards described in 
     subparagraph (A) shall take effect not earlier than the date 
     that is 3 years after the date of publication of the final 
     rule, as determined by the Secretary.''.

     SEC. 19. PETITION FOR AMENDED STANDARDS.

       Section 325(n) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(n)) is amended--
       (1) by redesignating paragraph (3) as paragraph (5); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Notice of decision.--Not later than 180 days after 
     the date of receiving a petition, the Secretary shall publish 
     in the Federal Register a notice of, and explanation for, the 
     decision of the Secretary to grant or deny the petition.
       ``(4) New or amended standards.--Not later than 3 years 
     after the date of granting a petition for new or amended 
     standards, the Secretary shall publish in the Federal 
     Register--
       ``(A) a final rule that contains the new or amended 
     standards; or
       ``(B) a determination that no new or amended standards are 
     necessary.''.

     SEC. 20. EFFICIENCY STANDARDS FOR CLASS A EXTERNAL POWER 
                   SUPPLIES.

       Section 325(u)(3) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6295(u)(3)) is amended--
       (1) in subparagraph (A), by striking ``(D)'' and inserting 
     ``(E)''; and
       (2) by adding at the end the following:
       ``(E) Nonapplication of no-load mode energy efficiency 
     standards to external power supplies for certain security or 
     life safety alarms or surveillance systems.--
       ``(i) Definition of security or life safety alarm or 
     surveillance system.--In this subparagraph:

       ``(I) In general.--The term `security or life safety alarm 
     or surveillance system' means equipment designed and marketed 
     to perform any of the following functions (on a continuous 
     basis):

       ``(aa) Monitor, detect, record, or provide notification of 
     intrusion or access to real property or physical assets or 
     notification of threats to life safety.
       ``(bb) Deter or control access to real property or physical 
     assets, or prevent the unauthorized removal of physical 
     assets.
       ``(cc) Monitor, detect, record, or provide notification of 
     fire, gas, smoke, flooding, or other physical threats to real 
     property, physical assets, or life safety.

       ``(II) Exclusion.--The term `security or life safety alarm 
     or surveillance system' does not include any product with a 
     principal function other than life safety, security, or 
     surveillance that--

       ``(aa) is designed and marketed with a built-in alarm or 
     theft-deterrent feature; or
       ``(bb) does not operate necessarily and continuously in 
     active mode.
       ``(ii) Nonapplication of no-load mode requirements.--The 
     No-Load Mode energy efficiency standards established by this 
     paragraph shall not apply to an external power supply 
     manufactured before July 1, 2017, that--

       ``(I) is an AC-to-AC external power supply;
       ``(II) has a nameplate output of 20 watts or more;
       ``(III) is certified to the Secretary as being designed to 
     be connected to a security or life safety alarm or 
     surveillance system component; and
       ``(IV) on establishment within the External Power Supply 
     International Efficiency Marking Protocol, as referenced in 
     the `Energy Star Program Requirements for Single Voltage 
     External Ac-Dc and Ac-Ac Power Supplies', published by the 
     Environmental Protection Agency, of a distinguishing mark for 
     products described in this clause, is permanently marked with 
     the distinguishing mark.

       ``(iii) Administration.--In carrying out this subparagraph, 
     the Secretary shall--

       ``(I) require, with appropriate safeguard for the 
     protection of confidential business information, the 
     submission of unit shipment data on an annual basis; and
       ``(II) restrict the eligibility of external power supplies 
     for the exemption provided under this subparagraph on a 
     finding that a substantial number of the external power 
     supplies are being marketed to or installed in applications 
     other than security or life safety alarm or surveillance 
     systems.''.

     SEC. 21. PROHIBITED ACTS.

       Section 332(a) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6302(a)) is amended--
       (1) in paragraph (1), by striking ``for any manufacturer or 
     private labeler to distribute'' and inserting ``for any 
     manufacturer (or representative of a manufacturer), 
     distributor, retailer, or private labeler to offer for sale 
     or distribute'';
       (2) by striking paragraph (5) and inserting the following:
       ``(5) for any manufacturer (or representative of a 
     manufacturer), distributor, retailer, or private labeler--
       ``(A) to offer for sale or distribute in commerce any new 
     covered product that is not in conformity with an applicable 
     energy conservation standard established in or prescribed 
     under this part; or
       ``(B) if the standard is a regional standard that is more 
     stringent than the base national standard, to offer for sale 
     or distribute in commerce any new covered product having 
     knowledge (consistent with the definition of `knowingly' in 
     section 333(b)) that the product will be installed at a 
     location covered by a regional standard established in or 
     prescribed under this part and will not be in conformity with 
     the standard;'';
       (3) in paragraph (6) (as added by section 306(b)(2) of 
     Public Law 110-140 (121 Stat. 1559)), by striking the period 
     at the end and inserting a semicolon;

[[Page S7825]]

       (4) by redesignating paragraph (6) (as added by section 
     321(e)(3) of Public Law 110-140 (121 Stat. 1586)) as 
     paragraph (7);
       (5) in paragraph (7) (as so redesignated)--
       (A) by striking ``for any manufacturer, distributor, 
     retailer, or private labeler to distribute'' and inserting 
     ``for any manufacturer (or representative of a manufacturer), 
     distributor, retailer, or private labeler to offer for sale 
     or distribute''; and
       (B) by striking the period at the end and inserting a 
     semicolon; and
       (6) by inserting after paragraph (7) (as so redesignated) 
     the following:
       ``(8) for any manufacturer or private labeler to distribute 
     in commerce any new covered product that has not been 
     properly certified in accordance with the requirements 
     established in or prescribed under this part;
       ``(9) for any manufacturer or private labeler to distribute 
     in commerce any new covered product that has not been 
     properly tested in accordance with the requirements 
     established in or prescribed under this part; and
       ``(10) for any manufacturer or private labeler to violate 
     any regulation lawfully promulgated to implement any 
     provision of this part.''.

     SEC. 22. OUTDOOR LIGHTING.

       (a) Definitions.--
       (1) Covered equipment.--Section 340(1) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6311(1)) is amended--
       (A) by redesignating subparagraph (L) as subparagraph (O); 
     and
       (B) by inserting after subparagraph (K) the following:
       ``(L) Pole-mounted outdoor luminaires.
       ``(M) High light output double-ended quartz halogen lamps.
       ``(N) General purpose mercury vapor lamps.''.
       (2) Industrial equipment.--Section 340(2)(B) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6311(2)(B)) is 
     amended--
       (A) by striking ``and'' before ``unfired hot water''; and
       (B) by inserting after ``tanks'' the following: ``, pole-
     mounted outdoor luminaires, high light output double-ended 
     quartz halogen lamps, and general purpose mercury vapor 
     lamps''.
       (3) New definitions.--Section 340 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6311) is amended--
       (A) by redesignating paragraphs (22) and (23) (as amended 
     by sections 312(a)(2) and 314(a) of the Energy Independence 
     and Security Act of 2007 (121 Stat. 1564, 1569)) as 
     paragraphs (23) and (24), respectively; and
       (B) by adding at the end the following:
       ``(25) Area luminaire.--The term `area luminaire' means a 
     luminaire intended for lighting parking lots and general 
     areas that--
       ``(A) is designed to mount on a pole using an arm, pendant, 
     or vertical tenon;
       ``(B) has an opaque top or sides, but may contain a 
     transmissive ornamental element;
       ``(C) has an optical aperture that is open or enclosed with 
     a flat, sag, or drop lens;
       ``(D) is mounted in a fixed position with the optical 
     aperture near horizontal, or tilted up; and
       ``(E) has photometric output measured using Type C 
     photometry per IESNA LM-75-01.
       ``(26) Decorative posttop luminaire.--The term `decorative 
     posttop luminaire' means a luminaire with--
       ``(A) open or transmissive sides that is designed to be 
     mounted directly over a pole using a vertical tenon or by 
     fitting the luminaire directly into the pole; and
       ``(B) photometric output measured using Type C photometry 
     per IESNA LM-75-01.
       ``(27) Dusk-to-dawn luminaire.--The term `dusk-to-dawn 
     luminaire' means a fluorescent, induction, or high intensity 
     discharge luminaire that--
       ``(A) is designed to be mounted on a horizontal or 
     horizontally slanted tenon or arm;
       ``(B) has an optical assembly that is coaxial with the axis 
     of symmetry of the light source;
       ``(C) has an optical assembly that is--
       ``(i) a reflector or lamp enclosure that surrounds the 
     light source with an open lower aperture; or
       ``(ii) a refractive optical assembly surrounding the light 
     source with an open or closed lower aperture;
       ``(D) contains a receptacle for a photocontrol that enables 
     the operation of the light source and is either coaxial with 
     both the axis of symmetry of the light source and the optical 
     assembly or offset toward the mounting bracket by less than 3 
     inches, or contains an integral photocontrol; and
       ``(E) has photometric output measured using Type C 
     photometry per IESNA LM-75-01.
       ``(28) Floodlight luminaire.--The term `floodlight 
     luminaire' means an outdoor luminaire designed with a yoke, 
     knuckle, or other mechanism allowing the luminaire to be 
     aimed 40 degrees or more with its photometric distributions 
     established with only Type B photometry in accordance with 
     IESNA LM-75, revised 2001.
       ``(29) General purpose mercury vapor lamp.--The term 
     `general purpose mercury vapor lamp' means a mercury vapor 
     lamp (as defined in section 321) that--
       ``(A) has a screw base;
       ``(B) is designed for use in general lighting applications 
     (as defined in section 321);
       ``(C) is not a specialty application mercury vapor lamp; 
     and
       ``(D) is designed to operate on a mercury vapor lamp 
     ballast (as defined in section 321) or is a self-ballasted 
     lamp.
       ``(30) High light output double-ended quartz halogen 
     lamp.--The term `high light output double-ended quartz 
     halogen lamp' means a lamp that--
       ``(A) is designed for general outdoor lighting purposes;
       ``(B) contains a tungsten filament;
       ``(C) has a rated initial lumen value of greater than 6,000 
     and less than 40,000 lumens;
       ``(D) has at each end a recessed single contact, R7s base;
       ``(E) has a maximum overall length (MOL) between 4 and 11 
     inches;
       ``(F) has a nominal diameter less than \3/4\ inch (T6);
       ``(G) is designed to be operated at a voltage not less than 
     110 volts and not greater than 200 volts or is designed to be 
     operated at a voltage between 235 volts and 300 volts;
       ``(H) is not a tubular quartz infrared heat lamp; and
       ``(I) is not a lamp marked and marketed as a Stage and 
     Studio lamp with a rated life of 500 hours or less.
       ``(31) Mean rated lamp lumens.--The term `mean rated lamp 
     lumens' means the rated lumens at--
       ``(A) 40 percent of rated lamp life for metal halide, 
     induction, and fluorescent lamps; or
       ``(B) 50 percent of rated lamp life for high pressure 
     sodium lamps.
       ``(32) Outdoor luminaire.--The term `outdoor luminaire' 
     means a luminaire that--
       ``(A) is intended for outdoor use and suitable for wet 
     locations; and
       ``(B) may be shipped with or without a lamp.
       ``(33) Pole-mounted outdoor luminaire.--
       ``(A) In general.--The term `pole-mounted outdoor 
     luminaire' means an outdoor luminaire that is designed to be 
     mounted on an outdoor pole and is--
       ``(i) an area luminaire;
       ``(ii) a roadway and highmast luminaire;
       ``(iii) a decorative posttop luminaire; or
       ``(iv) a dusk-to-dawn luminaire.
       ``(B) Exclusions.--The term `pole-mounted outdoor 
     luminaire' does not include--
       ``(i) a portable luminaire designed for use at construction 
     sites;
       ``(ii) a luminaire designed to be used in emergency 
     conditions that--

       ``(I) incorporates a means of storing energy and a device 
     to switch the stored energy supply to emergency lighting 
     loads automatically on failure of the normal power supply; 
     and
       ``(II) is listed and labeled as Emergency Lighting 
     Equipment;

       ``(iii) a decorative gas lighting system;
       ``(iv) a luminaire designed explicitly for lighting for 
     theatrical purposes, including performance, stage, film 
     production, and video production;
       ``(v) a luminaire designed as theme elements in theme or 
     amusement parks and that cannot be used in most general 
     lighting applications;
       ``(vi) a luminaire designed explicitly for hazardous 
     locations meeting the requirements of Underwriters 
     Laboratories Standard 844--2006, `Luminaires for Use in 
     Hazardous (Classified) Locations';
       ``(vii) a residential pole-mounted luminaire that is not 
     rated for commercial use utilizing 1 or more lamps meeting 
     the energy conservation standards established under section 
     325(i) and mounted on a post or pole not taller than 10.5 
     feet above ground and not rated for a power draw of more than 
     145 watts;
       ``(viii) a floodlight luminaire;
       ``(ix) an outdoor luminaire designed for sports and 
     recreational area use in accordance with IESNA RP-6 and 
     utilizing an 875 watt or greater metal halide lamp;
       ``(x) a decorative posttop luminaire designed for using 
     high intensity discharge lamps with total lamp wattage of 150 
     or less, or designed for using other lamp types with total 
     lamp wattage of 50 watts or less;
       ``(xi) an area luminaire, roadway and highmast luminaire, 
     or dusk-to-dawn luminaire designed for using high intensity 
     discharge lamps or pin-based compact fluorescent lamps with 
     total lamp wattage of 100 or less, or other lamp types with 
     total lamp wattage of 50 watts or less; and
       ``(xii) an area luminaire, roadway and highmast luminaire, 
     or dusk-to-dawn luminaire with a backlight rating less than 2 
     and with the maximum of the uplight or glare rating 3 or 
     less.
       ``(34) Roadway and highmast luminaire.--The term `roadway 
     and highmast luminaire' means a luminaire intended for 
     lighting streets and roadways that--
       ``(A) is designed to mount on a pole by clamping onto the 
     exterior of a horizontal or horizontally slanted, circular 
     cross-section pipe tenon;
       ``(B) has opaque tops or sides;
       ``(C) has an optical aperture that is open or enclosed with 
     a flat, sag or drop lens;
       ``(D) is mounted in a fixed position with the optical 
     aperture near horizontal, or tilted up; and
       ``(E) has photometric output measured using Type C 
     photometry per IESNA LM-75-01.
       ``(35) Specialty application mercury vapor lamp.--The term 
     `specialty application mercury vapor lamp' means a mercury 
     vapor lamp (as defined in section 321) that is--
       ``(A) designed only to operate on a specialty application 
     mercury vapor lamp ballast (as defined in section 321); and

[[Page S7826]]

       ``(B) is marked and marketed for specialty applications 
     only.
       ``(36) Target efficacy rating.--The term `target efficacy 
     rating' means a measure of luminous efficacy of a luminaire 
     (as defined in NEMA LE-6-2009).
       ``(37) Tubular quartz infrared heat lamp.--The term 
     `tubular quartz infrared heat lamp' means a double-ended 
     quartz halogen lamp that--
       ``(A) is marked and marketed as an infrared heat lamp; and
       ``(B) radiates predominately in the infrared radiation 
     range and in which the visible radiation is not of principle 
     interest.''.
       (b) Standards.--Section 342 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6313) is amended by adding at the 
     end the following:
       ``(g) Pole-Mounted Outdoor Luminaires.--
       ``(1) Target efficacy rating, lumen maintenance and power 
     factor requirements.--
       ``(A) Definition of maximum of uplight or glare rating.--In 
     this paragraph, the term `maximum of uplight or glare rating' 
     means, for any specific outdoor luminaire, the higher of the 
     uplight rating or glare rating of the luminaire.
       ``(B) Requirements.--Each pole-mounted outdoor luminaire 
     manufactured on or after the date that is 3 years after the 
     date of enactment of this subsection shall--
       ``(i) meet or exceed the target efficacy ratings in the 
     following table when tested at full system input watts:

                                     ``Area, Roadway or Highmast luminaires
----------------------------------------------------------------------------------------------------------------
                                              Maximum of Uplight or Glare rating
----------------------------------------------------------------------------------------------------
    Backlight Rating                   0 or 1                      2 or 3               4 or 5
----------------------------------------------------------------------------------------------------
      0 or 1                                        38                   38                   38
      2 or 3                                        38                   38                   42
      4 or 5                                        38                   42                   43
----------------------------------------------------------------------------------------------------------------


                                 ``Decorative Posttop or Dusk-to-Dawn luminaires
----------------------------------------------------------------------------------------------------------------
                                              Maximum of Uplight or Glare rating
----------------------------------------------------------------------------------------------------
    Backlight Rating                   0 or 1                      2 or 3               4 or 5
----------------------------------------------------------------------------------------------------
      0 or 1                                        25                   25                   25
      2 or 3                                        25                   25                   28
      4 or 5                                        25                   28                  28;
----------------------------------------------------------------------------------------------------------------

       ``(ii) use lamps that have a minimum of 0.6 lumen 
     maintenance, as determined in accordance with IESNA LM-80 for 
     Solid State Lighting sources or calculated as mean rated lamp 
     lumens divided by initial rated lamp lumens for other light 
     sources; and
       ``(iii) have a power factor equal to or greater than 0.9 at 
     ballast full power, except in the case of pole-mounted 
     outdoor luminaires designed for using high intensity 
     discharge lamps with a total rated lamp wattage of 150 watts 
     or less, which shall have no power factor requirement.
       ``(2) Control requirements.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     each area luminaire manufactured on or after the date that is 
     3 years after the date of enactment of this subsection shall 
     be sold--
       ``(i) with integral controls that shall have the capability 
     of operating the luminaire at full power and a minimum of 1 
     reduced power level plus off, in which case the power 
     reduction shall be at least 30 percent of the rated lamp 
     power; or
       ``(ii) with internal electronics and connective wiring or 
     hardware (including wire leads, pigtails, inserts for wires, 
     pin bases, or the equivalent) that--

       ``(I) collectively enable the area luminaire, if properly 
     connected to an appropriate control system, to operate at 
     full power and a minimum of 1 reduced power level plus off, 
     in which case the reduced power level shall be at least 30 
     percent lower than the rated lamp power in response to 
     signals sent by controls not integral to the luminaire as 
     sold, that may be connected in the field; and
       ``(II) have connections from the components that are easily 
     accessible in the luminaire housing and have instructions 
     applicable to appropriate control system connections that are 
     included with the luminaire.

       ``(B) Nonapplication.--The control requirements of this 
     paragraph shall not apply to--
       ``(i) pole-mounted outdoor luminaires utilizing probe-start 
     metal halide lamps with rated lamp power greater than 500 
     watts operating in non-base-up positions; or
       ``(ii) pole-mounted outdoor luminaires utilizing induction 
     lamps.
       ``(C) Integral photosensors.--Each pole-mounted outdoor 
     luminaire sold with an integral photosensor shall use an 
     electronic-type photocell.
       ``(3) Rulemaking commencing not later than 60 days after 
     the date of enactment.--
       ``(A) In general.--Not later than 60 days after the date of 
     enactment of this subsection, the Secretary shall initiate a 
     rulemaking procedure to determine whether the standards in 
     effect for pole-mounted outdoor luminaires should be amended.
       ``(B) Final rule.--
       ``(i) Publication.--The Secretary shall publish a final 
     rule containing the amendments, if any, not later than 
     January 1, 2013, or the date that is 33 months after the date 
     of enactment of this subsection, whichever is later.
       ``(ii) Application.--Any amendments shall apply to products 
     manufactured on or after January 1, 2016, or the date that is 
     3 years after the final rule is published in the Federal 
     Register, whichever is later.
       ``(C) Review.--
       ``(i) In general.--As part of the rulemaking required under 
     this paragraph, the Secretary shall review and may amend the 
     definitions, exclusions, test procedures, power factor 
     standards, lumen maintenance requirements, labeling 
     requirements, and additional control requirements, including 
     dimming functionality, for all pole-mounted outdoor 
     luminaires.
       ``(ii) Factors.--The review of the Secretary shall include 
     consideration of--

       ``(I) obstacles to compliance and whether compliance is 
     evaded by substitution of nonregulated luminaires for 
     regulated luminaires or allowing luminaires to comply with 
     the standards established under this part based on use of 
     non-standard lamps, as provided for in section 
     343(a)(10)(D)(i)(II);
       ``(II) statistical data relating to pole-mounted outdoor 
     luminaires that--

       ``(aa) the Secretary shall request not later than 120 days 
     after the date of enactment of this subsection from all 
     identifiable manufacturers of pole-mounted outdoor 
     luminaires, directly from manufacturers of pole-mounted 
     outdoor luminaires or, in the case of members of the National 
     Electrical Manufacturers Association, from the National 
     Electrical Manufacturers Association;
       ``(bb) is considered necessary for the rulemaking; and
       ``(cc) shall be made publicly available in a manner that 
     does not reveal manufacturer identity or confidential 
     business information, in a timely manner for discussion at 
     any public proceeding at which comment is solicited from the 
     public in connection with the rulemaking, except that nothing 
     in this subclause restricts the Secretary from seeking 
     additional information during the course of the rulemaking; 
     and

       ``(III) phased-in effective dates for different types of 
     pole-mounted outdoor luminaires that are submitted to the 
     Secretary in the manner provided for in section 325(p)(4), 
     except that the phased-in effective dates shall not be 
     subject to subparagraphs (A) and (B) of this paragraph.

       ``(4) Rulemaking before february 1, 2015.--
       ``(A) In general.--Not later than February 1, 2015, the 
     Secretary shall initiate a rulemaking procedure to determine 
     whether the standards in effect for pole-mounted outdoor 
     luminaires should be amended.
       ``(B) Final rule.--
       ``(i) Publication.--The Secretary shall publish a final 
     rule containing the amendments, if any, not later than 
     January 1, 2018.
       ``(ii) Application.--Any amendments shall apply to products 
     manufactured on or after January 1, 2021.
       ``(C) Review.--
       ``(i) In general.--As part of the rulemaking required under 
     this paragraph, the Secretary shall review and may amend the 
     definitions, exclusions, test procedures, power factor 
     standards, lumen maintenance requirements, labeling 
     requirements, and additional control requirements, including 
     dimming functionality, for all pole-mounted outdoor 
     luminaires.
       ``(ii) Factors.--The review of the Secretary shall include 
     consideration of--

       ``(I) obstacles to compliance and whether compliance is 
     evaded by substitution of nonregulated luminaires for 
     regulated luminaires or allowing luminaires to comply with 
     the standards established under this part based on use of 
     nonstandard lamps, as provided for in section 
     343(a)(10)(D)(i)(II);
       ``(II) statistical data relating to pole-mounted outdoor 
     luminaires that--

       ``(aa) the Secretary considers necessary for the rulemaking 
     and requests not later than June 1, 2015, from all 
     identifiable manufacturers of pole-mounted outdoor 
     luminaires, directly from manufacturers of pole-mounted 
     outdoor luminaires and, in the case of

[[Page S7827]]

     members of the National Electrical Manufacturers Association, 
     from the National Electrical Manufacturers Association; and
       ``(bb) shall be made publicly available in a manner that 
     does not reveal manufacturer identity or confidential 
     business information, in a timely manner for discussion at 
     any public proceeding at which comment is solicited from the 
     public in connection with the rulemaking, except that nothing 
     in this subclause restricts the Secretary from seeking 
     additional information during the course of the rulemaking; 
     and

       ``(III) phased-in effective dates for different types of 
     pole-mounted outdoor luminaires that are submitted to the 
     Secretary in the manner provided for in section 325(p)(4), 
     except that the phased-in effective dates shall not be 
     subject to subparagraphs (A) and (B) of this paragraph.

       ``(h) High Light Output Double-Ended Quartz Halogen 
     Lamps.--A high light output double-ended quartz halogen lamp 
     manufactured on or after January 1, 2016, shall have a 
     minimum efficiency of--
       ``(1) 27 LPW for lamps with a minimum rated initial lumen 
     value greater than 6,000 and a maximum initial lumen value of 
     15,000; and
       ``(2) 34 LPW for lamps with a rated initial lumen value 
     greater than 15,000 and less than 40,000.
       ``(i) General Purpose Mercury Vapor Lamps.--A general 
     purpose mercury vapor lamp shall not be manufactured on or 
     after January 1, 2016.''.
       (c) Test Methods.--Section 343(a) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6314(a)) is amended by adding at 
     the end the following:
       ``(10) Pole-mounted outdoor luminaires.--
       ``(A) In general.--With respect to pole-mounted outdoor 
     luminaires to which standards are applicable under section 
     342, the test methods shall be those described in this 
     paragraph.
       ``(B) Photometric test methods.--For photometric test 
     methods, the methods shall be those specified in--
       ``(i) IES LM-10-96--Approved Method for Photometric Testing 
     of Outdoor Fluorescent Luminaires;
       ``(ii) IES LM-31-95--Photometric Testing of Roadway 
     Luminaires Using Incandescent Filament and High Intensity 
     Discharge Lamps;
       ``(iii) IES LM-79-08--Electrical and Photometric 
     Measurements of Solid-State Lighting Products;
       ``(iv) IES LM-80-08--Measuring Lumen Maintenance of LED 
     Light Sources;
       ``(v) IES LM-40-01--Life testing of Fluorescent Lamps;
       ``(vi) IES LM-47-01--Life testing of High Intensity 
     Discharge (HID) Lamps;
       ``(vii) IES LM-49-01--Life testing of Incandescent Filament 
     Lamps;
       ``(viii) IES LM-60-01--Life testing of Low Pressure Sodium 
     Lamps; and
       ``(ix) IES LM-65-01--Life testing of Compact Fluorescent 
     Lamps.
       ``(C) Outdoor backlight, uplight, and glare ratings.--For 
     determining outdoor backlight, uplight, and glare ratings, 
     the classifications shall be those specified in IES TM-15-
     07--Luminaire Classification System for Outdoor Luminaires 
     with Addendum A.
       ``(D) Target efficacy rating.--For determining the target 
     efficacy rating, the procedures shall be those specified in 
     NEMA LE-6-2009--`Procedure for Determining Target Efficacy 
     Ratings (TER) for Commercial, Industrial and Residential 
     Luminaires,' and all of the following additional criteria (as 
     applicable):
       ``(i) The target efficacy rating shall be calculated based 
     on the initial rated lamp lumen and rated watt value 
     equivalent to the lamp with which the luminaire is shipped, 
     or, if not shipped with a lamp, the target efficacy rating 
     shall be calculated based on--

       ``(I) the applicable standard lamp as established by 
     subparagraph (E); or
       ``(II) a lamp that has a rated wattage and rated initial 
     lamp lumens that are the same as the maximum lamp watts and 
     minimum lamp lumens labeled on the luminaire, in accordance 
     with section 344(f).

       ``(ii) If the luminaire is designed to operate at more than 
     1 nominal input voltage, the ballast input watts used in the 
     target efficacy rating calculation shall be the highest value 
     for any nominal input voltage for which the ballast is 
     designed to operate.
       ``(iii) If the luminaire is a pole-mounted outdoor 
     luminaire that contains a ballast that is labeled to operate 
     lamps of more than 1 wattage, the luminaire shall--

       ``(I) meet or exceed the target efficacy rating in the 
     table in section 342(g)(1)(B) calculated in accordance with 
     clause (i) for all lamp wattages that the ballast is labeled 
     to operate;
       ``(II) be constructed such that the luminaire is only 
     capable of accepting lamp wattages that produce target 
     efficacy ratings that meet or exceed the values in the table 
     in section 342(g)(1)(B) calculated in accordance with clause 
     (i); or
       ``(III) be rated and prominently labeled for a maximum lamp 
     wattage that results in the luminaire meeting or exceeding 
     the target efficacy rating in the table in section 
     342(g)(1)(B) when calculated and labeled in accordance with 
     clause (i).

       ``(iv) If the luminaire is a pole-mounted outdoor luminaire 
     that is constructed such that the luminaire will only accept 
     an ANSI Type-O lamp, the luminaire shall meet or exceed the 
     target efficacy rating in the table in section 342(g)(1)(B) 
     when tested with an ANSI Type-O lamp.
       ``(v) If the luminaire is a pole-mounted outdoor luminaire 
     that is marketed to use a coated lamp, the luminaire shall 
     meet or exceed the target efficacy rating in the table in 
     section 342(g)(1)(B) when tested with a coated lamp.
       ``(vi) If the luminaire is a solid state lighting pole-
     mounted outdoor luminaire, the luminaire shall have its 
     target efficacy rating calculated based on the combination of 
     absolute luminaire lumen values and input wattages that 
     results in the lowest possible target efficacy rating for any 
     light source, including ranges of correlated color 
     temperature and color rendering index values, for which the 
     luminaire is marketed by the luminaire manufacturer.
       ``(vii) If the luminaire is a high intensity discharge 
     pole-mounted outdoor luminaire using a ballast that has a 
     ballast factor different than 1, the target efficacy rating 
     of the luminaire shall be calculated by using the input watts 
     needed to operate the lamp at full rated power, or by using 
     the actual ballast factor of the ballast.
       ``(E) Table of standard lamp types.--
       ``(i) In general.--The National Electrical Manufacturers 
     Association shall develop and publish not later than 1 year 
     after the date of enactment of this paragraph and thereafter 
     maintain and regularly update on a publicly available website 
     a table including standard lamp types by wattage, ANSI code, 
     initial lamp lumen value, lamp orientation, and lamp finish.
       ``(ii) Initial lamp lumen values.--The initial lamp lumen 
     values shall--

       ``(I) be determined according to a uniform rating method 
     and tested according to accepted industry practice for each 
     lamp that is considered for inclusion in the table; and
       ``(II) in each case contained in the table, be the lowest 
     known initial lamp lumen value that approximates typical 
     performance in representative general outdoor lighting 
     applications.

       ``(iii) Actions.--On completion of the table required by 
     this subparagraph and any updates to the table--

       ``(I) the National Electrical Manufacturers Association 
     shall submit the table and any updates to the Secretary; and
       ``(II) the Secretary shall--

       ``(aa) publish the table and any comments that are included 
     with the table in the Federal Register;
       ``(bb) solicit public comment on the table; and
       ``(cc) not later than 180 days after date of receipt of the 
     table, after considering the factors described in clause 
     (iv), adopt the table for purposes of this part.
       ``(iv) Rebuttable presumption.--

       ``(I) In general.--There shall be a rebuttable presumption 
     that the table and any updates to the table transmitted by 
     the National Electrical Manufacturers Association to the 
     Secretary meets the requirements of this subparagraph, which 
     may be rebutted only if the Secretary finds by clear and 
     substantial evidence that--

       ``(aa) data have been included that were not the result of 
     having applied applicable industry standards; or
       ``(bb) lamps have been included in the table that are not 
     representative of general outdoor lighting applications.

       ``(II) Conforming changes.--If subclause (I) applies, the 
     National Electrical Manufacturers Association shall conform 
     the published table of the Association to the table adopted 
     by the Secretary.

       ``(v) Nontransmission of table.--If the National Electrical 
     Manufacturers Association has not submitted the table to the 
     Secretary within 1 year after the date of enactment of this 
     paragraph, the Secretary shall develop, publish, and adopt 
     the table not later than 18 months after the date of 
     enactment of this paragraph and update the table regularly.
       ``(F) Amendment of test methods.--The Secretary may, by 
     rule, adopt new or additional test methods for pole-mounted 
     outdoor luminaires in accordance with this section.''.
       (d) Labeling.--Section 344 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6315) is amended--
       (1) in subsections (d) and (e), by striking ``(h)'' each 
     place it appears and inserting ``(i)'';
       (2) by redesignating subsections (f) through (k) as 
     subsections (g) through (l), respectively; and
       (3) by inserting after subsection (e) the following:
       ``(f) Labeling Rules for Pole-Mounted Outdoor Luminaires.--
       ``(1) In general.--Subject to subsection (i), not later 
     than 1 year after the date of enactment of this paragraph, 
     the Secretary shall establish labeling rules under this part 
     for pole-mounted outdoor luminaires manufactured on or after 
     the date on which standards established under section 342(g) 
     take effect.
       ``(2) Rules.--The rules shall require--
       ``(A) for pole-mounted outdoor luminaires, that the 
     luminaire, be marked with a capital letter `P' printed within 
     a circle in a conspicuous location on both the pole-mounted 
     luminaire and its packaging to indicate that the pole-mounted 
     outdoor luminaire conforms to the energy conservation 
     standards established in section 342(g); and
       ``(B) for pole-mounted outdoor luminaires that do not 
     contain a lamp in the same shipment with the luminaire and 
     are tested with a lamp with a lumen rating exceeding the

[[Page S7828]]

     standard lumen value specified in the table established under 
     section 343(a)(10)(E), that the luminaire--
       ``(i) be labeled to identify the minimum rated initial lamp 
     lumens and maximum rated lamp watts required to conform to 
     the energy conservation standards established in section 
     342(g); and
       ``(ii) bear a statement on the label that states: `Product 
     violates Federal law when installed with a standard lamp. Use 
     only a lamp that meets the minimum lumens and maximum watts 
     provided on this label.'.''.
       (e) Preemption.--Section 345 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6316) is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``The'' and inserting ``Except as otherwise provided in this 
     section, the''; and
       (2) by adding at the end the following:
       ``(i) Pole-Mounted Outdoor Luminaires and High Light Output 
     Double-Ended Quartz Halogen Lamps.--
       ``(1) In general.--Except as provided in paragraph (2), 
     section 327 shall apply to pole-mounted outdoor luminaires 
     and high light output double-ended quartz halogen lamps to 
     the same extent and in the same manner as the section applies 
     under part B.
       ``(2) State energy conservation standards.--Any State 
     energy conservation standard that is adopted on or before 
     January 1, 2015, pursuant to a statutory requirement to adopt 
     efficiency standard for reducing outdoor lighting energy use 
     enacted prior to January 31, 2008, shall not be preempted.''.

     SEC. 23. STANDARDS FOR COMMERCIAL FURNACES.

       Section 342(a) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6313(a)) is amended by adding at the end the 
     following:
       ``(11) Warm air furnaces with an input rating of 225,000 
     Btu per hour or more and manufactured after January 1, 2011, 
     shall meet the following standard levels:
       ``(A) Gas-fired units shall--
       ``(i) have a minimum combustion efficiency of 80 percent;
       ``(ii) include an interrupted or intermittent ignition 
     device;
       ``(iii) have jacket losses not exceeding 0.75 percent of 
     the input rating; and
       ``(iv) have power venting or a flue damper.
       ``(B) Oil-fired units shall have--
       ``(i) a minimum thermal efficiency of 81 percent;
       ``(ii) jacket losses not exceeding 0.75 percent of the 
     input rating; and
       ``(iii) power venting or a flue damper.''.

     SEC. 24. SERVICE OVER THE COUNTER, SELF-CONTAINED, MEDIUM 
                   TEMPERATURE COMMERCIAL REFRIGERATORS.

       Section 342(c) of the Energy Policy and Conservation Act 
     (42 U.S.C. 6313(c)) is amended--
       (1) in paragraph (1)--
       (A) by redesignating subparagraph (C) as subparagraph (E); 
     and
       (B) by inserting after subparagraph (B) the following:
       ``(C) The term `service over the counter, self-contained, 
     medium temperature commercial refrigerator' or `(SOC-SC-M)' 
     means a medium temperature commercial refrigerator--
       ``(i) with a self-contained condensing unit and equipped 
     with sliding or hinged doors in the back intended for use by 
     sales personnel, and with glass or other transparent material 
     in the front for displaying merchandise; and
       ``(ii) that has a height not greater than 66 inches and is 
     intended to serve as a counter for transactions between sales 
     personnel and customers.
       ``(D) The term `TDA' means the total display area (ft\2\) 
     of the refrigerated case, as defined in AHRI Standard 
     1200.'';
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) Each SOC-SC-M manufactured on or after January 1, 
     2012, shall have a total daily energy consumption (in 
     kilowatt hours per day) of not more than 0.6 x TDA + 1.0.''.

     SEC. 25. MOTOR MARKET ASSESSMENT AND COMMERCIAL AWARENESS 
                   PROGRAM.

       (a) Findings.--Congress finds that--
       (1) electric motor systems account for about half of the 
     electricity used in the United States;
       (2) electric motor energy use is determined by both the 
     efficiency of the motor and the system in which the motor 
     operates;
       (3) Federal Government research on motor end use and 
     efficiency opportunities is more than a decade old; and
       (4) the Census Bureau has discontinued collection of data 
     on motor and generator importation, manufacture, shipment, 
     and sales.
       (b) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Interested parties.--The term ``interested parties'' 
     includes--
       (A) trade associations;
       (B) motor manufacturers;
       (C) motor end users;
       (D) electric utilities; and
       (E) individuals and entities that conduct energy efficiency 
     programs.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy, in consultation with interested parties.
       (c) Assessment.--The Secretary shall conduct an assessment 
     of electric motors and the electric motor market in the 
     United States that shall--
       (1) include important subsectors of the industrial and 
     commercial electric motor market (as determined by the 
     Secretary), including--
       (A) the stock of motors and motor-driven equipment;
       (B) efficiency categories of the motor population; and
       (C) motor systems that use drives, servos, and other 
     control technologies;
       (2) characterize and estimate the opportunities for 
     improvement in the energy efficiency of motor systems by 
     market segment, including opportunities for--
       (A) expanded use of drives, servos, and other control 
     technologies;
       (B) expanded use of process control, pumps, compressors, 
     fans or blowers, and material handling components; and
       (C) substitution of existing motor designs with existing 
     and future advanced motor designs, including electronically 
     commutated permanent magnet, interior permanent magnet, and 
     switched reluctance motors; and
       (3) develop an updated profile of motor system purchase and 
     maintenance practices, including surveying the number of 
     companies that have motor purchase and repair specifications, 
     by company size, number of employees, and sales.
       (d) Recommendations; Update.--Based on the assessment 
     conducted under subsection (c), the Secretary shall--
       (1) develop--
       (A) recommendations to update the detailed motor profile on 
     a periodic basis;
       (B) methods to estimate the energy savings and market 
     penetration that is attributable to the Save Energy Now 
     Program of the Department; and
       (C) recommendations for the Director of the Census Bureau 
     on market surveys that should be undertaken in support of the 
     motor system activities of the Department; and
       (2) prepare an update to the Motor Master+ program of the 
     Department.
       (e) Program.--Based on the assessment, recommendations, and 
     update required under subsections (c) and (d), the Secretary 
     shall establish a proactive, national program targeted at 
     motor end-users and delivered in cooperation with interested 
     parties to increase awareness of--
       (1) the energy and cost-saving opportunities in commercial 
     and industrial facilities using higher efficiency electric 
     motors;
       (2) improvements in motor system procurement and management 
     procedures in the selection of higher efficiency electric 
     motors and motor-system components, including drives, 
     controls, and driven equipment; and
       (3) criteria for making decisions for new, replacement, or 
     repair motor and motor system components.

     SEC. 26. STUDY OF COMPLIANCE WITH ENERGY STANDARDS FOR 
                   APPLIANCES.

       (a) In General.--The Secretary shall conduct a study of the 
     degree of compliance with energy standards for appliances, 
     including an investigation of compliance rates and options 
     for improving compliance, including enforcement.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report describing the 
     results of the study, including any recommendations.

     SEC. 27. STUDY OF DIRECT CURRENT ELECTRICITY SUPPLY IN 
                   CERTAIN BUILDINGS.

       (a) In General.--The Secretary shall conduct a study--
       (1) of the costs and benefits (including significant energy 
     efficiency, power quality, and other power grid, safety, and 
     environmental benefits) of requiring high-quality, direct 
     current electricity supply in certain buildings; and
       (2) to determine, if the requirement described in paragraph 
     (1) is imposed, what the policy and role of the Federal 
     Government should be in realizing those benefits.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report describing the 
     results of the study, including any recommendations.

     SEC. 28. TECHNICAL CORRECTIONS.

       (a) Title III of Energy Independence and Security Act of 
     2007--Energy Savings Through Improved Standards for 
     Appliances and Lighting.--
       (1) Section 325(u) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(u)) (as amended by section 301(c) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 
     1550)) is amended--
       (A) by redesignating paragraph (7) as paragraph (4); and
       (B) in paragraph (4) (as so redesignated), by striking 
     ``supplies is'' and inserting ``supply is''.
       (2) Section 302(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1551)) is amended by striking 
     ``6313(a)'' and inserting ``6314(a)''.
       (3) Section 342(a)(6) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6313(a)(6)) (as amended by section 305(b)(2) 
     of the Energy Independence and Security Act of 2007 (121 
     Stat. 1554)) is amended--
       (A) in subparagraph (B)--
       (i) by striking ``If the Secretary'' and inserting the 
     following:
       ``(i) In general.--If the Secretary'';
       (ii) by striking ``clause (ii)(II)'' and inserting 
     ``subparagraph (A)(ii)(II)'';
       (iii) by striking ``clause (i)'' and inserting 
     ``subparagraph (A)(i)''; and
       (iv) by adding at the end the following:
       ``(ii) Factors.--In determining whether a standard is 
     economically justified for the

[[Page S7829]]

     purposes of subparagraph (A)(ii)(II), the Secretary shall, 
     after receiving views and comments furnished with respect to 
     the proposed standard, determine whether the benefits of the 
     standard exceed the burden of the proposed standard by, to 
     the maximum extent practicable, considering--

       ``(I) the economic impact of the standard on the 
     manufacturers and on the consumers of the products subject to 
     the standard;
       ``(II) the savings in operating costs throughout the 
     estimated average life of the product in the type (or class) 
     compared to any increase in the price of, or in the initial 
     charges for, or maintenance expenses of, the products that 
     are likely to result from the imposition of the standard;
       ``(III) the total projected quantity of energy savings 
     likely to result directly from the imposition of the 
     standard;
       ``(IV) any lessening of the utility or the performance of 
     the products likely to result from the imposition of the 
     standard;
       ``(V) the impact of any lessening of competition, as 
     determined in writing by the Attorney General, that is likely 
     to result from the imposition of the standard;
       ``(VI) the need for national energy conservation; and
       ``(VII) other factors the Secretary considers relevant.

       ``(iii) Administration.--

       ``(I) Energy use and efficiency.--The Secretary may not 
     prescribe any amended standard under this paragraph that 
     increases the maximum allowable energy use, or decreases the 
     minimum required energy efficiency, of a covered product.
       ``(II) Unavailability.--

       ``(aa) In general.--The Secretary may not prescribe an 
     amended standard under this subparagraph if the Secretary 
     finds (and publishes the finding) that interested persons 
     have established by a preponderance of the evidence that a 
     standard is likely to result in the unavailability in the 
     United States in any product type (or class) of performance 
     characteristics (including reliability, features, sizes, 
     capacities, and volumes) that are substantially the same as 
     those generally available in the United States at the time of 
     the finding of the Secretary.
       ``(bb) Other types or classes.--The failure of some types 
     (or classes) to meet the criterion established under this 
     subclause shall not affect the determination of the Secretary 
     on whether to prescribe a standard for the other types or 
     classes.''; and
       (B) in subparagraph (C)(iv), by striking ``An amendment 
     prescribed under this subsection'' and inserting 
     ``Notwithstanding subparagraph (D), an amendment prescribed 
     under this subparagraph''.
       (4) Section 342(a)(6)(B)(iii) of the Energy Policy and 
     Conservation Act (as added by section 306(c) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1559)) is 
     transferred and redesignated as clause (vi) of section 
     342(a)(6)(C) of the Energy Policy and Conservation Act (as 
     amended by section 305(b)(2) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1554).
       (5) Section 345 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6316) (as amended by section 312(e) of the Energy 
     Independence and Security Act of 2007 (121 Stat. 1567)) is 
     amended--
       (A) by striking ``subparagraphs (B) through (G)'' each 
     place it appears and inserting ``subparagraphs (B), (C), (D), 
     (I), (J), and (K)'';
       (B) by striking ``part A'' each place it appears and 
     inserting ``part B''; and
       (C) in subsection (h)(3), by striking ``section 342(f)(3)'' 
     and inserting ``section 342(f)(4)''.
       (6) Section 340(13) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6311(13)) (as amended by section 313(a) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 
     1568)) is amended--
       (A) by striking subparagraphs (A) and (B) and inserting the 
     following:
       ``(A) In general.--The term `electric motor' means any of 
     the following:
       ``(i) A motor that is a general purpose T-frame, single-
     speed, foot-mounting, polyphase squirrel-cage induction motor 
     of the National Electrical Manufacturers Association, Design 
     A and B, continuous rated, operating on 230/460 volts and 
     constant 60 Hertz line power as defined in NEMA Standards 
     Publication MG1-1987.
       ``(ii) A motor incorporating the design elements described 
     in clause (i), but is configured to incorporate 1 or more of 
     the following variations:

       ``(I) U-frame motor.
       ``(II) NEMA Design C motor.
       ``(III) Close-coupled pump motor.
       ``(IV) Footless motor.
       ``(V) Vertical solid shaft normal thrust motor (as tested 
     in a horizontal configuration).
       ``(VI) 8-pole motor.
       ``(VII) Poly-phase motor with a voltage rating of not more 
     than 600 volts (other than 230 volts or 460 volts, or both, 
     or can be operated on 230 volts or 460 volts, or both).''; 
     and

       (B) by redesignating subparagraphs (C) through (I) as 
     subparagraphs (B) through (H), respectively.
       (7)(A) Section 342(b) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6313(b)) is amended--
       (i) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraph (3)'';
       (ii) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4);
       (iii) by inserting after paragraph (1) the following:
       ``(2) Standards effective beginning december 19, 2010.--
       ``(A) In general.--Except for definite purpose motors, 
     special purpose motors, and those motors exempted by the 
     Secretary under paragraph (3) and except as provided for in 
     subparagraphs (B), (C), and (D), each electric motor 
     manufactured with power ratings from 1 to 200 horsepower 
     (alone or as a component of another piece of equipment) on or 
     after December 19, 2010, shall have a nominal full load 
     efficiency of not less than the nominal full load efficiency 
     described in NEMA MG-1 (2006) Table 12-12.
       ``(B) Fire pump electric motors.--Except for those motors 
     exempted by the Secretary under paragraph (3), each fire pump 
     electric motor manufactured with power ratings from 1 to 200 
     horsepower (alone or as a component of another piece of 
     equipment) on or after December 19, 2010, shall have a 
     nominal full load efficiency that is not less than the 
     nominal full load efficiency described in NEMA MG-1 (2006) 
     Table 12-11.
       ``(C) NEMA design b electric motors.--Except for those 
     motors exempted by the Secretary under paragraph (3), each 
     NEMA Design B electric motor with power ratings of more than 
     200 horsepower, but not greater than 500 horsepower, 
     manufactured (alone or as a component of another piece of 
     equipment) on or after December 19, 2010, shall have a 
     nominal full load efficiency of not less than the nominal 
     full load efficiency described in NEMA MG-1 (2006) Table 12-
     11.
       ``(D) Motors incorporating certain design elements.--Except 
     for those motors exempted by the Secretary under paragraph 
     (3), each electric motor described in section 340(13)(A)(ii) 
     manufactured with power ratings from 1 to 200 horsepower 
     (alone or as a component of another piece of equipment) on or 
     after December 19, 2010, shall have a nominal full load 
     efficiency of not less than the nominal full load efficiency 
     described in NEMA MG-1 (2006) Table 12-11.''; and
       (iv) in paragraph (3) (as redesignated by clause (ii)), by 
     striking ``paragraph (1)'' each place it appears in 
     subparagraphs (A) and (D) and inserting ``paragraphs (1) and 
     (2)''.
       (B) Section 313 of the Energy Independence and Security Act 
     of 2007 (121 Stat. 1568) is repealed.
       (C) The amendments made by--
       (i) subparagraph (A) take effect on December 19, 2010; and
       (ii) subparagraph (B) take effect on December 19, 2007.
       (8) Section 321(30)(D)(i)(III) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(D)(i)(III)) (as amended 
     by section 321(a)(1)(A) of the Energy Independence and 
     Security Act of 2007 (121 Stat. 1574)) is amended by 
     inserting before the semicolon the following: ``or, in the 
     case of a modified spectrum lamp, not less than 232 lumens 
     and not more than 1,950 lumens''.
       (9) Section 321(30)(T) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(T) (as amended by 
     section 321(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1574)) is amended--
       (A) in clause (i)--
       (i) by striking the comma after ``household appliance'' and 
     inserting ``and''; and
       (ii) by striking ``and is sold at retail,''; and
       (B) in clause (ii), by inserting ``when sold at retail,'' 
     before ``is designated''.
       (10) Section 325(i) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6295(i)) (as amended by sections 321(a)(3)(A) 
     and 322(b) of the Energy Independence and Security Act of 
     2007 (121 Stat. 1577, 1588)) is amended by striking the 
     subsection designation and all that follows through the end 
     of paragraph (8) and inserting the following:
       ``(i) General Service Fluorescent Lamps, General Service 
     Incandescent Lamps, Intermediate Base Incandescent Lamps, 
     Candelabra Base Incandescent Lamps, and Incandescent 
     Reflector Lamps.--
       ``(1) Energy efficiency standards.--
       ``(A) In general.--Each of the following general service 
     fluorescent lamps, general service incandescent lamps, 
     intermediate base incandescent lamps, candelabra base 
     incandescent lamps, and incandescent reflector lamps 
     manufactured after the effective date specified in the tables 
     listed in this subparagraph shall meet or exceed the 
     standards established in the following tables:


                                               ``FLUORESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
                                                                                                  Effective Date
           Lamp Type               Nominal Lamp       Minimum CRI       Minimum Average Lamp        (Period of
                                      Wattage                              Efficacy (LPW)            Months)
----------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin...........        >35 W              69                    75.0                    36
  .............................        >35 W              45                    75.0                    36

[[Page S7830]]

 
2-foot U-shaped................        >35 W              69                    68.0                    36
                                        35 W              45                    64.0                    36
8-foot slimline................        >65 W              69                    80.0                    18
                                       65 W               45                    80.0                    18
8-foot high output.............       >100 W              69                    80.0                    18
                                       100 W              45                    80.0                    18
----------------------------------------------------------------------------------------------------------------


                     ``INCANDESCENT REFLECTOR LAMPS
------------------------------------------------------------------------
                                                          Effective Date
    Nominal Lamp  Wattage         Minimum Average Lamp      (Period of
                                     Efficacy (LPW)           Months)
------------------------------------------------------------------------
 40-50.......................             10.5                  36
 51-66.......................             11.0                  36
 67-85.......................             12.5                  36
 86-115......................             14.0                  36
116-155......................             14.5                  36
156-205......................             15.0                  36
------------------------------------------------------------------------



                                      ``GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
   Rated Lumen                                                         Minimum Rated      Effective
      Ranges                    Maximum Rated Wattage                    Lifetime           Date
----------------------------------------------------------------------------------------------------
1490-2600          72                                                       1,000 hrs      1/1/2012
1050-1489          53                                                       1,000 hrs      1/1/2013
750-1049           43                                                       1,000 hrs      1/1/2014
 310-749           29                                                       1,000 hrs      1/1/2014
----------------------------------------------------------------------------------------------------------------



                             ``MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS
----------------------------------------------------------------------------------------------------------------
   Rated Lumen                                                         Minimum Rated      Effective
      Ranges                    Maximum Rated Wattage                    Lifetime           Date
----------------------------------------------------------------------------------------------------
1118-1950          72                                                       1,000 hrs      1/1/2012
788-1117           53                                                       1,000 hrs      1/1/2013
 563-787           43                                                       1,000 hrs      1/1/2014
 232-562           29                                                       1,000 hrs      1/1/2014
----------------------------------------------------------------------------------------------------------------

       ``(B) Application.--
       ``(i) Application criteria.--This subparagraph applies to 
     each lamp that--

       ``(I) is intended for a general service or general 
     illumination application (whether incandescent or not);
       ``(II) has a medium screw base or any other screw base not 
     defined in ANSI C81.61-2006;
       ``(III) is capable of being operated at a voltage at least 
     partially within the range of 110 to 130 volts; and
       ``(IV) is manufactured or imported after December 31, 2011.

       ``(ii) Requirement.--For purposes of this paragraph, each 
     lamp described in clause (i) shall have a color rendering 
     index that is greater than or equal to--

       ``(I) 80 for nonmodified spectrum lamps; or
       ``(II) 75 for modified spectrum lamps.

       ``(C) Candelabra incandescent lamps and intermediate base 
     incandescent lamps.--
       ``(i) Candelabra base incandescent lamps.--Effective 
     beginning January 1, 2012, a candelabra base incandescent 
     lamp shall not exceed 60 rated watts.
       ``(ii) Intermediate base incandescent lamps.--Effective 
     beginning January 1, 2012, an intermediate base incandescent 
     lamp shall not exceed 40 rated watts.
       ``(D) Exemptions.--
       ``(i) Statutory exemptions.--The standards specified in 
     subparagraph (A) shall not apply to the following types of 
     incandescent reflector lamps:

       ``(I) Lamps rated at 50 watts or less that are ER30, BR30, 
     BR40, or ER40 lamps.
       ``(II) Lamps rated at 65 watts that are BR30, BR40, or ER40 
     lamps.
       ``(III) R20 incandescent reflector lamps rated 45 watts or 
     less.

       ``(ii) Administrative exemptions.--

       ``(I) Petition.--Any person may petition the Secretary for 
     an exemption for a type of general service lamp from the 
     requirements of this subsection.
       ``(II) Criteria.--The Secretary may grant an exemption 
     under subclause (I) only to the extent that the Secretary 
     finds, after a hearing and opportunity for public comment, 
     that it is not technically feasible to serve a specialized 
     lighting application (such as a military, medical, public 
     safety, or certified historic lighting application) using a 
     lamp that meets the requirements of this subsection.
       ``(III) Additional criterion.--To grant an exemption for a 
     product under this clause , the Secretary shall include, as 
     an additional criterion, that the exempted product is 
     unlikely to be used in a general service lighting 
     application.

       ``(E) Extension of coverage.--
       ``(i) Petition.--Any person may petition the Secretary to 
     establish standards for lamp shapes or bases that are 
     excluded from the definition of general service lamps.
       ``(ii) Increased sales of exempted lamps.--The petition 
     shall include evidence that the availability or sales of 
     exempted incandescent lamps have increased significantly 
     since the date on which the standards on general service 
     incandescent lamps were established.
       ``(iii) Criteria.--The Secretary shall grant a petition 
     under clause (i) if the Secretary finds that--

       ``(I) the petition presents evidence that demonstrates that 
     commercial availability or sales of exempted incandescent 
     lamp types have increased significantly since the standards 
     on general service lamps were established and likely are 
     being widely used in general lighting applications; and
       ``(II) significant energy savings could be achieved by 
     covering exempted products, as determined by the Secretary 
     based in part on sales data provided to the Secretary from 
     manufacturers and importers.

       ``(iv) No presumption.--The grant of a petition under this 
     subparagraph shall create no presumption with respect to the 
     determination of the Secretary with respect to any criteria 
     under a rulemaking conducted under this section.
       ``(v) Expedited proceeding.--If the Secretary grants a 
     petition for a lamp shape or base under this subparagraph, 
     the Secretary shall--

       ``(I) conduct a rulemaking to determine standards for the 
     exempted lamp shape or base; and
       ``(II) complete the rulemaking not later than 18 months 
     after the date on which notice is provided granting the 
     petition.

       ``(F) Effective dates.--
       ``(i) In general.--In this paragraph, except as otherwise 
     provided in a table contained in subparagraph (A) or in 
     clause (ii), the term `effective date' means the last day of 
     the month specified in the table that follows October 24, 
     1992.
       ``(ii) Special effective dates.--

       ``(I) ER, br, and bpar lamps.--The standards specified in 
     subparagraph (A) shall apply with respect to ER incandescent 
     reflector lamps, BR incandescent reflector lamps, BPAR 
     incandescent reflector lamps, and similar bulb shapes on and 
     after January 1, 2008, or the date that is 180 days after the 
     date of enactment of the Energy Independence and Security Act 
     of 2007.
       ``(II) Lamps between 2.25-2.75 inches in diameter.--The 
     standards specified in subparagraph (A) shall apply with 
     respect to incandescent reflector lamps with a diameter of

[[Page S7831]]

     more than 2.25 inches, but not more than 2.75 inches, on and 
     after the later of January 1, 2008, or the date that is 180 
     days after the date of enactment of the Energy Independence 
     and Security Act of 2007.

       ``(2) Compliance with existing law.--Notwithstanding 
     section 332(a)(5) and section 332(b), it shall not be 
     unlawful for a manufacturer to sell a lamp that is in 
     compliance with the law at the time the lamp was 
     manufactured.
       ``(3) Rulemaking before october 24, 1995.--
       ``(A) In general.--Not later than 36 months after October 
     24, 1992, the Secretary shall initiate a rulemaking procedure 
     and shall publish a final rule not later than the end of the 
     54-month period beginning on October 24, 1992, to determine 
     whether the standards established under paragraph (1) should 
     be amended.
       ``(B) Administration.--The rule shall contain the 
     amendment, if any, and provide that the amendment shall apply 
     to products manufactured on or after the 36-month period 
     beginning on the date on which the final rule is published.
       ``(4) Rulemaking before october 24, 2000.--
       ``(A) In general.--Not later than 8 years after October 24, 
     1992, the Secretary shall initiate a rulemaking procedure and 
     shall publish a final rule not later than 9 years and 6 
     months after October 24, 1992, to determine whether the 
     standards in effect for fluorescent lamps and incandescent 
     lamps should be amended.
       ``(B) Administration.--The rule shall contain the 
     amendment, if any, and provide that the amendment shall apply 
     to products manufactured on or after the 36-month period 
     beginning on the date on which the final rule is published.
       ``(5) Rulemaking for additional general service fluorescent 
     lamps.--
       ``(A) In general.--Not later than the end of the 24-month 
     period beginning on the date labeling requirements under 
     section 324(a)(2)(C) become effective, the Secretary shall--
       ``(i) initiate a rulemaking procedure to determine whether 
     the standards in effect for fluorescent lamps and 
     incandescent lamps should be amended so that the standards 
     would be applicable to additional general service fluorescent 
     lamps; and
       ``(ii) publish, not later than 18 months after initiating 
     the rulemaking, a final rule including the amended standards, 
     if any.
       ``(B) Administration.--The rule shall provide that the 
     amendment shall apply to products manufactured after a date 
     which is 36 months after the date on which the rule is 
     published.
       ``(6) Standards for general service lamps.--
       ``(A) Rulemaking before january 1, 2014.--
       ``(i) In general.--Not later than January 1, 2014, the 
     Secretary shall initiate a rulemaking procedure to determine 
     whether--

       ``(I) standards in effect for general service lamps should 
     be amended; and
       ``(II) the exclusions for certain incandescent lamps should 
     be maintained or discontinued based, in part, on excluded 
     lamp sales collected by the Secretary from manufacturers.

       ``(ii) Scope.--The rulemaking--

       ``(I) shall not be limited to incandescent lamp 
     technologies; and
       ``(II) shall include consideration of a minimum standard of 
     45 lumens per watt for general service lamps.

       ``(iii) Amended standards.--If the Secretary determines 
     that the standards in effect for general service lamps should 
     be amended, the Secretary shall publish a final rule not 
     later than January 1, 2017, with an effective date that is 
     not earlier than 3 years after the date on which the final 
     rule is published.
       ``(iv) Phased-in effective dates.--The Secretary shall 
     consider phased-in effective dates under this subparagraph 
     after considering--

       ``(I) the impact of any amendment on manufacturers, 
     retiring and repurposing existing equipment, stranded 
     investments, labor contracts, workers, and raw materials; and
       ``(II) the time needed to work with retailers and lighting 
     designers to revise sales and marketing strategies.

       ``(v) Backstop requirement.--If the Secretary fails to 
     complete a rulemaking in accordance with clauses (i) through 
     (iv) or if the final rule does not produce savings that are 
     greater than or equal to the savings from a minimum efficacy 
     standard of 45 lumens per watt, effective beginning January 
     1, 2020, the Secretary shall prohibit the manufacture of any 
     general service lamp that does not meet a minimum efficacy 
     standard of 45 lumens per watt.
       ``(vi) State preemption.--Neither section 327 nor any other 
     provision of law shall preclude California or Nevada from 
     adopting, effective beginning on or after January 1, 2018--

       ``(I) a final rule adopted by the Secretary in accordance 
     with clauses (i) through (iv);
       ``(II) if a final rule described in subclause (I) has not 
     been adopted, the backstop requirement under clause (v); or
       ``(III) in the case of California, if a final rule 
     described in subclause (I) has not been adopted, any 
     California regulations relating to these covered products 
     adopted pursuant to State statute in effect as of the date of 
     enactment of the Energy Independence and Security Act of 
     2007.

       ``(B) Rulemaking before january 1, 2020.--
       ``(i) In general.--Not later than January 1, 2020, the 
     Secretary shall initiate a rulemaking procedure to determine 
     whether--

       ``(I) standards in effect for general service lamps should 
     be amended; and
       ``(II) the exclusions for certain incandescent lamps should 
     be maintained or discontinued based, in part, on excluded 
     lamp sales data collected by the Secretary from 
     manufacturers.

       ``(ii) Scope.--The rulemaking shall not be limited to 
     incandescent lamp technologies.
       ``(iii) Amended standards.--If the Secretary determines 
     that the standards in effect for general service lamps should 
     be amended, the Secretary shall publish a final rule not 
     later than January 1, 2022, with an effective date that is 
     not earlier than 3 years after the date on which the final 
     rule is published.
       ``(iv) Phased-in effective dates.--The Secretary shall 
     consider phased-in effective dates under this subparagraph 
     after considering--

       ``(I) the impact of any amendment on manufacturers, 
     retiring and repurposing existing equipment, stranded 
     investments, labor contracts, workers, and raw materials; and
       ``(II) the time needed to work with retailers and lighting 
     designers to revise sales and marketing strategies.

       ``(7) Federal actions.--
       ``(A) Comments of secretary.--
       ``(i) In general.--With respect to any lamp to which 
     standards are applicable under this subsection or any lamp 
     specified in section 346, the Secretary shall inform any 
     Federal entity proposing actions that would adversely impact 
     the energy consumption or energy efficiency of the lamp of 
     the energy conservation consequences of the action.
       ``(ii) Consideration.--The Federal entity shall carefully 
     consider the comments of the Secretary.
       ``(B) Amendment of standards.--Notwithstanding section 
     325(n)(1), the Secretary shall not be prohibited from 
     amending any standard, by rule, to permit increased energy 
     use or to decrease the minimum required energy efficiency of 
     any lamp to which standards are applicable under this 
     subsection if the action is warranted as a result of other 
     Federal action (including restrictions on materials or 
     processes) that would have the effect of either increasing 
     the energy use or decreasing the energy efficiency of the 
     product.
       ``(8) Compliance.--
       ``(A) In general.--Not later than the date on which 
     standards established pursuant to this subsection become 
     effective, or, with respect to high-intensity discharge lamps 
     covered under section 346, the effective date of standards 
     established pursuant to that section, each manufacturer of a 
     product to which the standards are applicable shall file with 
     the Secretary a laboratory report certifying compliance with 
     the applicable standard for each lamp type.
       ``(B) Contents.--The report shall include the lumen output 
     and wattage consumption for each lamp type as an average of 
     measurements taken over the preceding 12-month period.
       ``(C) Other lamp types.--With respect to lamp types that 
     are not manufactured during the 12-month period preceding the 
     date on which the standards become effective, the report 
     shall--
       ``(i) be filed with the Secretary not later than the date 
     that is 12 months after the date on which manufacturing is 
     commenced; and
       ``(ii) include the lumen output and wattage consumption for 
     each such lamp type as an average of measurements taken 
     during the 12-month period.''.
       (11) Section 325(l)(4)(A) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(l)(4)(A)) (as amended by 
     section 321(a)(3)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1581)) is amended by striking 
     ``only''.
       (12) Section 327(b)(1)(B) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6297(b)(1)(B)) (as amended by 
     section 321(d)(3) of the Energy Independence and Security Act 
     of 2007 (121 Stat. 1585) and section 240(d)) is amended--
       (A) in clause (i), by inserting ``and'' after the semicolon 
     at the end;
       (B) in clause (ii), by striking ``; and'' and inserting a 
     period; and
       (C) by striking clause (iii).
       (13) Section 321(30)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6291(30)(C)(ii)) (as amended by 
     section 322(a)(1)(B) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1587)) is amended by inserting a 
     period after ``40 watts or higher''.
       (14) Section 322(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1588)) is amended by striking 
     ``6995(i)'' and inserting ``6295(i)''.
       (15) Section 327(c) of the Energy Policy and Conservation 
     Act (42 U.S.C. 6297(c)) (as amended by sections 324(f) of the 
     Energy Independence and Security Act of 2007 (121 Stat. 1594) 
     and section 6(e)(2)) is amended--
       (A) in paragraph (6), by striking ``or'' after the 
     semicolon at the end;
       (B) in paragraph (9)(B), by striking ``or'' at the end;
       (C) in paragraph (10), by striking the period at the end 
     and inserting a semicolon;
       (D) by adding at the end the following:
       ``(11) is a regulation for general service lamps that 
     conforms with Federal standards and effective dates; or
       ``(12) is an energy efficiency standard for general service 
     lamps enacted into law by the State of Nevada prior to 
     December 19, 2007, if the State has not adopted the Federal

[[Page S7832]]

     standards and effective dates pursuant to subsection 
     (b)(1)(B)(ii).''.
       (16) Section 325(b) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1596)) is amended by striking 
     ``6924(c)'' and inserting ``6294(c)''.
       (17) This subsection and the amendments made by this 
     subsection take effect as if included in the Energy 
     Independence and Security Act of 2007 (Public Law 110-140; 
     121 Stat. 1492).
       (b) Energy Policy Act of 2005.--
       (1) Section 325(g)(8)(C)(ii) of the Energy Policy and 
     Conservation Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by 
     section 135(c)(2)(B) of the Energy Policy Act of 2005) is 
     amended by striking ``20F'' and inserting ``-20F''.
       (2) This subsection and the amendment made by this 
     subsection take effect as if included in the Energy Policy 
     Act of 2005 (Public Law 109-58; 119 Stat. 594).
       (c) Energy Policy and Conservation Act.--Section 343(a) of 
     the Energy Policy and Conservation Act (42 U.S.C. 6314(a)) is 
     amended by striking ``Air-Conditioning and Refrigeration 
     Institute'' each place it appears in paragraphs (4)(A) and 
     (7) and inserting ``Air-Conditioning, Heating, and 
     Refrigeration Institute''.
                                                  August 13, 2010.
     Hon. Harry Reid,
     Hart Senate Office Building,
     Washington, DC.
     Hon. Mitch McConnell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senate Majority Leader Reid and Minority Leader 
     McConnell: We are writing today to support and urge the 
     Senate to quickly pass several consensus appliance and 
     equipment efficiency standards this session of Congress. 
     These standards were negotiated between industry and energy-
     efficiency supporters and reported out of the Senate Energy 
     and Natural Resources Committee on a bipartisan basis. Some 
     of these standards take effect as soon as January 2012. If 
     enactment is delayed until the next Congress, some of the 
     effective dates will need to be delayed, reducing the energy 
     savings and emissions reductions achieved. In addition, 
     prompt enactment will allow manufacturers to better prepare 
     for these new standards. Manufacturers are also very 
     concerned that if Congress does not enact these standards 
     soon, more states will enact their own standards for certain 
     products, making it more difficult for manufacturers to sell 
     the same products nationwide. We are not aware of any 
     controversy on the pending versions of these bills, so they 
     should continue to have bipartisan support while providing 
     substantial energy savings and other benefits for the 
     country.
       Based on analysis by the American Council for an Energy 
     Efficient Economy, these consensus standards will:
       Reduce annual U.S. energy use by more than 1.2 quadrillion 
     Btu (``quads'') by 2030, which is about 160% of the current 
     annual energy use of Nevada and 60% of the current annual 
     energy use of Kentucky.
       Reduce annual U.S. CO2 emissions by about 71 million metric 
     tons, providing a downpayment on our climate change emission 
     reduction goals.
       Provide net present value benefits to consumers of more 
     than $90 billion from products sold by 2030. (This figure is 
     the sum of benefits minus sum of costs, expressed in 2010 
     dollars.)
       These consensus agreements cover the following products:
       Residential appliances--refrigerators, freezers, clothes 
     washers, clothes dryers, dishwashers and room air 
     conditioners;
       Residential heating and cooling equipment--furnaces, 
     central air conditioners and heat pumps;
       Pole-mounted outdoor lighting fixtures;
       Residential portable lighting fixtures (e.g. floor and 
     table lamps); and,
       Drinking water dispensers, hot food holding cabinets and 
     portable electric spas.
       In addition, the agreements include some important changes 
     to improve and expedite the Department of Energy appliance 
     standards program and needed technical corrections to 
     standards enacted in 2005 and 2007.
       The potential energy, economic and environmental benefits 
     are not the only positive facet. The consensus provisions 
     contained in these bills represent a significant step forward 
     in the relationship between many industries which produce 
     energy-using products and advocates for improved efficiency 
     and environmental protection. If enacted they will not only 
     save energy and water but will also serve as a model for 
     future collaboration between various parties by demonstrating 
     that it is possible to balance manufacturer interests and 
     consumer needs while advancing national goals of energy 
     efficiency and environmental stewardship.
       The undersigned parties urge your active support for 
     passing this legislation during this Congress. If you have 
     any questions please contact any of the individuals listed 
     below for additional information on this legislation.
           Sincerely,
         Stephen R. Yurek, President, Air-Conditioning, Heating 
           and Refrigeration Institute; Richard D. Upton, 
           President & CEO, American Lighting Association; Steve 
           Nadel, Executive Director, American Council for an 
           Energy-Efficient Economy; Floyd DesChamps, Senior Vice 
           President of Policy and Research, Alliance to Save 
           Energy; Carvin DiGiovanni, Senior Technical Director, 
           Association of Pool and Spa Professionals; Joseph K. 
           Doss, President and CEO, International Bottled Water 
           Association; Evan R. Gaddis, President & CEO, National 
           Electrical Manufacturers Association; Andrew deLaski, 
           Executive Director, Appliance Standards Awareness 
           Project; Karen Douglas, Chairman, California Energy 
           Commission; Mell Hall-Crawford, Energy Projects 
           Director, Consumer Federation of America; Charles 
           Harak, Esq., National Consumer Law Center, (On behalf 
           of its low-income clients); Scott Slesinger, 
           Legislative Director, Natural Resources Defense 
           Council; Susan E. Coakley, Executive Director, 
           Northeast Energy Efficiency Partnerships; Claire 
           Fulenwider, Executive Director, Northwest Energy 
           Efficiency Alliance; Stephen L. Crow, Executive 
           Director, Northwest Power and Conservation Council.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 3927. A bill to establish the Sacramento-San Joaquin Delta 
National Heritage Area; to the Committee on Energy and Natural 
Resources.
  Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and Senator 
Boxer to introduce legislation to establish a National Heritage Area in 
the California Sacramento-San Joaquin Delta. This legislation will 
create the first Heritage Area in California. I am pleased that I have 
had the opportunity to work with Senator Boxer, Representatives John 
Garamendi, George Miller, Mike Thompson, Doris Matsui, Jerry McNerney 
and the County Supervisors from the five Delta Counties to prepare this 
legislation and support their efforts to fully partner with the State, 
the Federal agencies, and other local governments to improve and care 
for the Delta.
  This bill will establish the Sacramento-San Joaquin Delta as a 
National Heritage Area.
  The Delta Protection Commission, created by California law and 
responsible to the citizens of the Delta and California, will manage 
the Heritage Area. It will ensure an open and public process, working 
with all levels of Federal, State, and local government, tribes, local 
stakeholders, and private property owners as it develops and implements 
the management plan for the Heritage Area. The goal is to conserve and 
protect the Delta, its communities, its resources, and its history.
  This bill does not create any new layers of government.
  It does not infringe on private property rights. Nothing in this bill 
gives any governmental agency any more regulatory power than it already 
has.
  In short, this bill provides no additional burden on local government 
or residents. Instead, it authorizes Federal assistance to a local 
process already required by State law that will elevate the Delta, 
providing a means to conserve and protect its valued communities, 
resources, and history.
  The Sacramento-San Joaquin Delta is the largest estuary on the West 
Coast. It is the most extensive inland delta in the world, and a unique 
national treasure.
  Today, it is a labyrinth of sloughs, wetlands, and deepwater channels 
that connect the waters of the high Sierra mountain streams to the 
Pacific Ocean through the San Francisco Bay. Its approximately 60 
islands are protected by 1,100 miles of levees, and are home to 
3,500,000 residents, including 2,500 family farmers. The Delta and its 
farmers produce some of the highest quality specialty crops in the 
United States.
  The Delta offers recreational opportunities to the two million 
Californians that visit the Delta each year for boating, fishing, 
hunting, visiting historic sites, and viewing wildlife. It provides 
habitat for more than 750 species of plants and wildlife. These include 
sand hill cranes that migrate to the Delta wetland from places as far 
away as Siberia. The Delta also provides habitat for 55 species of 
fish, including Chinook salmon--some as large as 60 pounds- that return 
each year to travel through the Delta to spawn in the tributaries.
  These same waterways also channel fresh water to the Federal and 
State-owned pumps in the South Delta that provide water to 23 million 
Californians and three million acres of irrigated agricultural land 
elsewhere in the State.
  Before the Delta was reclaimed for farmland in the 19th Century, the 
Delta flooded regularly with snow melt each spring, and provided the 
rich environment that, by 1492, supported the

[[Page S7833]]

largest settlement of Native Americans in North America.
  The Delta was the gateway to the gold fields in 1849, after which 
Chinese workers built hundreds of miles of levees throughout the 
waterways of the Delta to make its rich peat soils available for 
farming and to control flooding.
  Japanese, Italians, German, Portuguese, Dutch, Greeks, South Asians 
and other immigrants began the farming legacy, and developed 
technologies specifically adapted to the unique environment, including 
the Caterpillar Tractor, which later contributed to agriculture and 
transportation internationally.
  Delta communities created a river culture befitting their dependence 
on water transport, a culture which has attracted the attention of 
authors from Mark Twain and Jack London to Joan Didion.
  The Delta is in crisis due to many factors, including invasive 
species, urban and agricultural run-off, wastewater discharges, 
channelization, dredging, water export operations, and other stressors.
  Many of the islands of the Delta are between 10 and 20 feet below sea 
level, and the levee system is presently inadequate to provide reliable 
flood protection for historic communities, significant habitats, 
agricultural enterprises, water resources, transportation and other 
infrastructure.
  Existing levees have not been engineered to withstand earthquakes. 
Should levees fail for any reason, a rush of seawater into the interior 
of the Delta could damage the already fragile ecosystem, contaminate 
drinking water for many Californians, flood agricultural land, inundate 
towns, and damage roads, power lines, and water project infrastructure.
  The State of California has been working for decades on a resolution 
to the water supply and ecosystem crisis in the State, and has a long 
history of partnerships with Federal agencies, working together to 
resolve challenges to the Delta's historic communities, ecosystem and 
the water it supplies so many Californians.
  The Delta Protection Commission, established under state law, has 
been tasked by the California State Legislature with providing a forum 
for Delta residents to engage in decisions regarding actions to 
recognize and enhance the unique cultural, recreational, agricultural 
resources, infrastructure and legacy communities of the Delta and to 
serve as the facilitating agency for the implementation of a National 
Heritage Area in the Delta.
  This legislation authorizes the creation of the Delta Heritage Area 
and federal assistance to the Delta Protection Commission in 
implementing the Area. This legislation is just a small part of the 
commitment the Federal government must make to the Delta and to 
California's ecosystem and water supply. I look forward to continuing 
to work with my colleagues at every level of government to restore and 
sustain the ecosystem in the Delta, to provide for reliable water 
supply in the State of California, to recover the native species of the 
Delta, protect communities in the Delta from flood risk, ensure 
economic sustainability in the Delta, improve water quality in the 
Delta, and; sustain the unique cultural, historical, recreational, 
agricultural and economic values of the Delta.
  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. 3927

       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 ``Sacramento-San Joaquin Delta 
     National Heritage Area Establishment Act''.

     SEC. 2. SACRAMENTO-SAN JOAQUIN DELTA NATIONAL HERITAGE AREA.

       (a) Definitions.--In this section:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Sacramento-San Joaquin Delta Heritage Area established by 
     this section.
       (2) Heritage area management plan.--The term ``Heritage 
     Area management plan'' means the plan developed and adopted 
     by the management entity under this section.
       (3) Management entity.--The term ``management entity'' 
     means the management entity for the Heritage Area designated 
     by subsection (b)(4).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Sacramento-San Joaquin Delta Heritage Area.--
       (1) Establishment.--There is established the ``Sacramento-
     San Joaquin Delta Heritage Area'' in the State of California.
       (2) Boundaries.--The boundaries of the Heritage Area shall 
     be in the counties of Contra Costa, Sacramento, San Joaquin, 
     Solano, and Yolo in the State of California, as generally 
     depicted on the map entitled ``Sacramento-San Joaquin Delta 
     National Heritage Area Proposed Boundary'', numbered T27/
     105,030, and dated September 2010.
       (3) Availability of map.--The map described in paragraph 
     (2) shall be on file and available for public inspection in 
     the appropriate offices of the National Park Service and the 
     Delta Protection Commission.
       (4) Management entity.--The management entity for the 
     Heritage Area shall be the Delta Protection Commission 
     established by section 29735 of the California Public 
     Resources Code.
       (5) Administration; management plan.--
       (A) Administration.--For purposes of carrying out the 
     Heritage Area management plan, the Secretary, acting through 
     the management entity, may use amounts made available under 
     this section in accordance with section 8001(c) of the 
     Omnibus Public Land Management Act of 2009 (Public Law 111-
     11; 123 Stat. 991).
       (B) Management plan.--
       (i) In general.--Subject to clause (ii), the management 
     entity shall submit to the Secretary for approval a proposed 
     management plan for the Heritage Area in accordance with 
     section 8001(d) of the Omnibus Public Land Management Act of 
     2009 (Public Law 111-11; 123 Stat. 991).
       (ii) Restrictions.--The Heritage Area management plan 
     submitted under this paragraph shall--

       (I) ensure participation by appropriate Federal, State, 
     tribal, and local agencies, including the Delta Stewardship 
     Council, special districts, natural and historical resource 
     protection and agricultural organizations, educational 
     institutions, businesses, recreational organizations, 
     community residents, and private property owners; and
       (II) not be approved until the Secretary has received 
     certification from the Delta Protection Commission that the 
     Delta Stewardship Council has reviewed the Heritage Area 
     management plan for consistency with the plan adopted by the 
     Delta Stewardship Council pursuant to State law.

       (6) Relationship to other federal agencies; private 
     property.--
       (A) Relationship to other federal agencies.--The provisions 
     of section 8001(e) of the Omnibus Public Land Management Act 
     of 2009 (Public Law 111-11; 123 Stat. 991) shall apply to the 
     Heritage Area.
       (B) Private property.--
       (i) In general.--Subject to clause (ii), the provisions of 
     section 8001(f) of the Omnibus Public Land Management Act of 
     2009 (Public Law 111-11; 123 Stat. 991) shall apply to the 
     Heritage Area.
       (ii) Opt out.--An owner of private property within the 
     Heritage Area may opt out of participating in any plan, 
     project, program, or activity carried out within the Heritage 
     Area under this section, if the property owner provides 
     written notice to the management entity.
       (7) Evaluation; report.--The provisions of section 8001(g) 
     of the Omnibus Public Land Management Act of 2009 (Public Law 
     111-11; 123 Stat. 991) shall apply to the Heritage Area.
       (8) Effect of designation.--Nothing in this section--
       (A) precludes the management entity from using Federal 
     funds made available under other laws for the purposes for 
     which those funds were authorized; or
       (B) affects any water rights or contracts.
       (9) Authorization of appropriations.--
       (A) In general.--There is authorized to be appropriated to 
     carry out this section $20,000,000, of which not more than 
     $2,000,000 may be made available for any fiscal year.
       (B) Cost-sharing requirement.--The Federal share of the 
     total cost of any activity under this section shall be 
     determined by the Secretary, but shall be not more than 50 
     percent.
       (C) Non-federal share.--The non-Federal share of the total 
     cost of any activity under this section may be in the form 
     of--
       (i) in-kind contributions of goods or services; or
       (ii) State or local government fees, taxes, or assessments.
       (10) Termination of authority.--If a proposed management 
     plan has not been submitted to the Secretary by the date that 
     is 5 years after the date of enactment of this title, the 
     Heritage Area designation shall be rescinded.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 3931. A bill to amend title 10, United States Code, to enhance the 
roles and responsibilities of the Chief of the National Guard Bureau; 
to the Committee on Armed Services.
  Mr. ROCKEFELLER. Mr. President, I thank you for allowing me to speak 
on this important legislation, the Guardians of Freedom Act of 2010, 
that will make the Chief of the National Guard Bureau a member of the 
Joint Chiefs of Staff.
  As the former Governor of West Virginia, I recognize the importance 
of the

[[Page S7834]]

National Guard. I can tell you that the National Guard is always there. 
Whether it is flooding, snow storms, tornados, or other disasters, the 
National Guard comes to the rescue of the community. And I would bet 
there is a member of the National Guard living in every congressional 
district and every community in our country. These citizen-soldiers are 
the Governor's 911 force.
  The National Guard is the oldest element of our Armed Forces. Our 
Guard members celebrate their 374th birthday on December 13, 2010. For 
374 years they have served this country with great distinction.
  Unlike our active-duty forces, the National Guard has both a state 
and federal mission. Now I'm not taking anything away from our active-
duty military as they have always performed, and will continue to 
perform, in an outstanding fashion. However, the National Guard is 
unique in that it serves each State's governor as well as the President 
and Commander-in-Chief.
  The National Guard's state mission includes responding to invasions, 
insurrections, natural and man-made disasters, and domestic 
emergencies. In recent times, the National Guard has been called to 
assist with border security, to respond to hurricanes, floods, snow 
storms, and to provide support for other operations, such as the G20 
summit and the Presidential Inauguration.
  Perhaps the best example of our Guard members' domestic 
responsibilities is their historic response Hurricane Katrina. There 
the National Guard, in the largest and swiftest response to a domestic 
disaster in history, deployed more than 50,000 troops in support of the 
Gulf States.
  As I have mentioned, the National Guard also has its Federal mission. 
Among those responsibilities are providing Homeland Defense and defense 
support to civil authorities. It accomplishes its federal mission 
through a variety of programs. One of those programs is the Chemical, 
Biological, Radiological, Nuclear, or High-Yield Explosive Teams, which 
respond to incidents and support local, state, and federal agencies as 
they conduct decontamination, medical support, and casualty search and 
extraction. Much of this training is performed at the Joint Interagency 
Education and Training Center in West Virginia.
  Other programs include the Counterdrug Program, which bridges the gap 
between the Department of Defense and local, State, and Federal law 
enforcement agencies in the fight against illicit drugs, and the Civil 
Support Teams, responsible for assessing suspected Weapons of Mass 
Destruction attacks.
  These Federal programs, along with the National Guard's state 
mission, clearly show that it has always been here to protect the home 
front. I have yet to even mention our Guard members' tremendous 
contributions to military operations outside of the United States.
  They have bravely fought in every war this country has declared. They 
have been subjected to activation more and more often in order to 
respond to global crises. Prior to 9/11 the National Guard participated 
in operations in Haiti, Bosnia, Kosovo, and in the skies over Iraq. 
Since 9/11 more than 50,000 Guard members have been called up by both 
their states and the Federal Government to provide security at home and 
combat terrorism in Iraq, Afghanistan and elsewhere around the world.
  Today, tens of thousands of Guard members are serving here at home 
and in harm's way as they fulfill the obligations of their dual 
mission. They continue to train with first responders and protect life 
and property here at home, while also engaging in combat operations in 
far-off, dangerous locations.
  Given the National Guard's role in defending our country, it is 
important that it be resourced and equipped to fulfill its dual 
mission. Our Guard members must be assured of the ability to meet their 
obligations to their governors and their next door neighbors.
  The relationship between the active-duty forces and the National 
Guard is one of great mutual respect and dependence--a relationship 
that has only become stronger since 9/11. Each knows why the other is 
so important to the nation. The repeated deployments of both the 
National Guard and active-duty units has built a bond between the two. 
You cannot tell the difference between a member of the National Guard 
and an active-duty servicemember.
  By making the Chief of the National Guard Bureau a member of the 
Joint Chiefs of Staff, the Guardians of Freedom Act of 2010 will 
guarantee that the National Guard is a part of the discussion as the 
nation prepares to respond to threats both domestic and foreign. It 
also makes certain that the concerns of the nation's governors are 
considered when resources are scarce. It will build upon the 
relationship developed between the active-duty forces and the National 
Guard, a bond has been strengthened as a result of the ongoing wars.
  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. 3931

       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 ``Guardians of Freedom Act of 
     2010''.

     SEC. 2. CHIEF OF NATIONAL GUARD BUREAU.

       (a) Role as Advocate and Liaison.--Section 10502 of title 
     10, United States Code, is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (f) and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Advocate and Liaison for State National Guards.--The 
     Chief of the National Guard Bureau shall serve as an advocate 
     and liaison for the National Guard of each State, the 
     Commonwealth of Puerto Rico, the District of Columbia, Guam, 
     and the Virgin Islands and inform such National Guards of all 
     actions that could affect their Federal or State missions, 
     including any equipment level or force structure changes.''.
       (b) Inclusion as Member of Joint Chiefs of Staff.--
       (1) In general.--Such section is further amended by 
     inserting after subsection (d), as added by subsection (a) of 
     this section, the following new subsection:
       ``(e) Member of Joint Chiefs of Staff.--(1) The Chief of 
     the National Guard Bureau shall be a member of the Joint 
     Chiefs of Staff under section 151 of this title.
       ``(2) As a member of the Joint Chiefs of Staff, the Chief 
     of the National Guard Bureau has the specific responsibility 
     of advocating for the National Guards of the States, the 
     Commonwealth of Puerto Rico, the District of Columbia, Guam, 
     and the Virgin Islands and coordinate the efforts of the 
     National Guard warfighting support and force provider mission 
     with the homeland defense, defense support to civil 
     authorities, and State emergency response missions of the 
     National Guard to ensure the National Guard has the resources 
     to perform its multiple missions.
       ``(3) The Chief of the National Guard Bureau shall consult 
     with the Governors and their  Adjutant Generals before any 
     changes are made in National Guard force structure or 
     equipment levels (or both) to determine the impact those 
     changes may have on the homeland defense, defense support to 
     civil authorities, and State emergency response missions of 
     the National Guard.''.
       (2) Conforming amendment.--Section 151(a) of such title is 
     amended by adding at the end the following new paragraph:
       ``(7) The Chief of the National Guard Bureau.''.
                                 ______
                                 
      By Mr. MENENDEZ (for himself and Mr. Leahy):
  S. 3932. A bill to provide comprehensive immigration reform, and for 
other purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, in the opening days of this Congress, I 
expressed my steadfast commitment to reform of our Nation's broken 
immigration system. The Senate passed a bill in the 109th Congress and 
debated one in the 110th. Action is long overdue, but until today, no 
truly comprehensive immigration package has been introduced in the 
Senate in the 111th Congress.
  I congratulate Senator Menendez on the introduction of the 
Comprehensive Immigration Reform Act of 2010, and am pleased to join 
him as an original cosponsor. The bill protects the rights and 
opportunities of American workers, while simultaneously ensuring that 
our Nation's employers and American farms can find the workers they 
need to prosper. The bill will increase national security by adding 
personnel and equipment where they are most needed in border 
communities. And by bringing undocumented immigrants out of the 
shadows, the bill will help to make our towns and cities safer. These 
are goals we can all share.
  The Comprehensive Immigration Reform Act of 2010 includes several 
provisions that are priorities for Vermont,

[[Page S7835]]

such as AgJOBS, which will provide critically needed workers for farms 
in Vermont and across the Nation. The bill would permanently extend the 
EB-5 Regional Center program, which generates investment capital and 
creates jobs. The Comprehensive Immigration Reform Act also includes 
one of my top civil rights priorities, the Uniting American Families 
Act, and a bill I have long supported, the DREAM Act. And, the bill 
includes measures from my bill, the Refugee Protection Act. Improving 
protections for refugees will honor the American tradition of offering 
safety to victims of persecution.
  There is bipartisan agreement that immigration reform is needed. I 
hope that the bill we introduce today will gain support from both sides 
of the aisle. I strongly believe that Congress is capable of finding a 
realistic solution to our immigration problems. Our friend the late 
Senator Ted Kennedy believed that, President Bush believed that, and I 
know President Obama believes that.
  I commend Senator Menendez for his leadership and urge all Senators 
to join us in supporting the Comprehensive Immigration Reform Act of 
2010.

                          ____________________