[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 ``20F'' and inserting ``-20F''.
(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.
____________________